vertue of this Writ I have delivered to the within named I G. the Mannors Messuages Parks Woods and all and singular the Lands and Tenements with the appurtenances within mentioned To hold to him and his assigns as his Freehold until he shall be fully satisfied of his debt within mentioned with his damages charges and expences reasonably sustained as by this Writ it is commanded And I further hereby certifie his Highness that the within named R. W. is not found in my Bailiwick R. S. Esquire Sherif By vertue of this Writ to me directed in form within written in full Court I recorded the Plaint within mentioned And that Record as it appeareth in a Scedule to this Writ annexed I have before the Justices within written at the day and place within contained under my seal and the seals of R C. M C. T Y. and R E. four honest and lawfull men of my Bailiwick of those which were there present at that Record And I have prefixed the same day to the parties within written that then they may be there ready to proceed in the said plaint as shall be just according to the exigence of this Writ R. S. Esquire Sheriff B. ss At the Hundred Court of B. holden at C. the 12. day of A. in the year of our Lord 1658. in the said Hundred before I. K. and L M. free Suitors of the same Hundred B. ss A B complaineth against C D. of a plea of taking and unjust detaining of his goods and chattels R. S. Esquire Sherif By vertue of this Writ to me directed in my full County Court of N. held at N. in my said County the 12. day of A. in the year of our Lord 1648. I caused the Plaint to be recorded between the parties within written whereof within is made mention which plaint appeareth in a certain Scedule to this Writ annexed And I have that Record ready before the Justices within mentioned at the day and place within contained under my seal and the Seals of W H. L E. I B. and T C. four lawfull freeholders of the same County of those which were present at that Record and I have prefixed the same day to the parties within written that they be then there ready to proceed in the said plaint as shall be just according to the exigence of this Writ R. S. Esquire Sheriff N. ss At my County Court of N. held at I. within the said County the 12. day of A. in the year of our Lord 1658. before I G. H K. Freeholders of the same County amongst other things it is thus contained N. ss F I. doth complain against F. S. of a plea of taking and unjustly detaining of his cattel R. S. Esquire Sheriff Before the coming of this Writ the within mentioned Mare was by the within named G H. conveyed unto places unknown to me so that I could not cause return of the said Mare to be made to the within named I N. and H. as within it is commanded and I hereby further certifie the within mentioned Justices that by vertue of this Writ I have taken the body of the within named G H. whose body before the said Justices at the day and place within contained I have ready as within it is commanded R. S. Esquire Sheriff The execution of this Wtit appeareth in a certain Scedule hereunto annexed R. S. Esquire Sheriff By vertue of this writ to me directed and to this Scedule annexed I made a certain Warrant to one W R. my Bailiff to arrest and take I S. in the said Writ named My which Bailiff by vertue of my aforesaid Warrant the 11. day of February in the year of our Lord 1658. within written at B. in my County arrested and took the body of the aforesaid I S. as by my Warrant he was commanded and him the said Iohn so arrested taken and in my custody as aforesaid under the aforesaid arrest being one G. S. of B. aforesaid together with the aforesaid Iohn Spalding by force and armes that is to say with staves pitchforks and knives upon him the said W. R. my Bayliff then and there did make an assault and him did beat wound and evilly handle so that it was despaired of his life And the aforesaid G. S. him the said I. S. so as aforesaid under the foresaid arrest being out of my custody then and there tooke and rescued and of his owne right suffered him to go at large And the same I. S. so as aforesaid under arrest being out of my Custody then and there likewise rescued himselfe against the publique peace And afterwards the same Iohn is not found in my Bayliwick R. S. Esq Sheriff Returne of Jurors HEe must returne sixe Jurors where the Venue lyeth if there be so many within the Hundred viz. within the place where the demand is made yet by the Stat. 27 Eliz. cap. 6. upon the tryall of an issue joyned in any personall action if two sufficient hundreders do appear it is sufficient He must return their names and a true addition of their dwelling places or some other addition by which the party may be known No persons are to be returned above the age of 7 yeares nor persons of a languishing sicknesse or disease at the time of their summons no Alien Infant under the age of fourteen Clergy men or Ministers Lamb. 382. Fitz. 165. d. 166. a. d. None shall be impannelled upon a Jury for tryall of any matter out of their proper County except such Jurors may spend in Lands and Tenements 5 l. per annum nor to try any matter within the County except they have in Lands and Tenements 40 s. per ann of estate of Free-hold within the County where the Issue is to be levyed F. N. B. 166. d. But after the Statute 27 Eliz. cap. 6. None are to be returned for the tryall of any Issue in the upper Bench Common Pleas Exchequer or before the Justices of Assize but such as have estate of Free-hold in Lands Tenement or Hereditaments of the clear yearly value of 4l at least out of Ancient Demesne Though the current of the Venire facias be but to returne Duodecem bonos legales homines yet must he returne twenty and four if he return but three and twenty and 12 appear and give their verdict this is Errour Coo. 5. 36. 37. He is to summon and returne the Grand Iury to the Assizes and the Juries for the Quarter Sessions of the peace and is to array his pannell sixe dayes at the least for the speciall Assizes and before the sessions of the Justices so that view and copies of the pannels may be had if they be required which copies must be indented by the Sheriff and delivered to the Plaintifs Defendants or Tenants Upon an Indictment he ought to returne none but probi legales homines viz. such as are not attaint by
because he is conservator of the peace but now it seems the power is transferred to the Justices of the Peace onely See the Stat. 1 R. 3. c. 3. 3 H. 7. 3. If a prisoner bailable tender sufficient sureties to the Sheriff and he refuseth he shall be amerced to the Protector and Informer 40 l. and shall lose treble damages to the party grieved If a person be arrested by vertue of any Writ or precept in any Action personall upon tender of reasonable sureties to appear at the day and place as the said Writs Bills or Preceps shall require he shall be bailed 23 H. 6. cap. 10. Fitz. 251. b. And the person is not obliged to go to the Sherif if he offer sufficient baile to the Baylif Persons apprehended for any manner of Treason or Felony shall not be bailed Westm 1. Cap. It is the constant course of the Upper Bench that the Bail is never chargeable till there is default assigned in the principall upon the return of a Capias ad satisfac And if the principall render his body though the Plaintiff refuse to take it yet that is a discharge of the baile Winch Rep. fo 62. It is not repugnant to our present subject to transcribe the new Rules concerning speciall Bayle viz. 1. That if the Defendant appeare upon the Summons Attachment or Distresse or by Supersedeas quia improvide or doth truly render himselfe upon the Exigent no baile is requirable 2 That in all causes of removeall be it by Habeas Corpus Priviledges or Certiorari speciall bail ought to be given 3 That in causes where the Defendant comes in by Cepi corpus be it Debt Detinue Trespasse for goods Action upon the Case except slander if the debt or damages amount to 20 l. special baile is to be given except it be against an Heire Executor or Administrator 4 That in Covenant because the damages are uncertain till Declaration bail at discretion 5 That in Battery Conspiracy false imprisonment no speciall baile of course without special motion and order 6 That in slander no speciall baile except in slander of title wherein to be left to the discretion of the Judges 7 That in priviledge other then for sees and disbursments as an Attorney in this Court baile at discretion of the Court. In such case wherein a suite by a common person especiall baile is not requisite 8 That if baile be given upon reversall of an Outlawrie or removall by Habeas Corpus the Originall to be shewne upon tendring of the Declaration otherwise the baile not liable unlesse the party or his Attorney will voluntarily appeare or take a Declaration without shewing of it 9 That in case of a removall out of an inferiour Court or reversall the new Originall to agree in the nature of the Action the summe in demand and the County otherwise the baile not lyable but if the partie will voluntarily appeare to such varying originall to be good as to the partie but if upon a cause removed by Habeas Corpus out of the Courts of Canterbury Southampton Hull Litchfield or Poole which are Counties where the Judges of Nisi prius seldome come if the Action be transitory it must be laid in the County of Kent Southampton Yorke Stafford or Dorcet where the Towne and County lieth and the Recognizance to be taken accordingly 10 That the Principall rendring himselfe at any time after bayle put in and before or upon the day of appearnce of the scire fac returned scire feci or of the second scire facias returned Nihil or in case there shall be an Action of Debt brought upon the Recognizance against the Bayle then if the Principall shall render himselfe upon or before the processe returned or served no further proceeding to be against the Bayle Of the Election of Parliament men how and when they are to be elected c. THe manner of electing Knights of the Shire is as followeth viz. At the next County Court after the delivery of the Writ Proclamation is to be made in full County of the day and place of the Parliament and that all there present as well Suitors summoned as others shall attend to the election of the Knights and then in full County a free and indifferent election shall be made notwithstanding any request or mandate to the contrary And note that no Election can be made by any Knight of the Shire but between the hours of 8 and 11. in the fore-noon but if the election be begun within the time and cannot be determined within those hours the election may be made after And if any election or voyces be given before the Precept be read and published are void and not effectual Likewise he ought immediately after the receipt of the Writ of his Highness for the summoning of the Parliament to make his Precepts under the seal of his Office to every Major and Bailiff of Cities and Boroughs within his County commanding them thereby to choose Citizens and Burgesses to come to the Parliament And those Majors and Bayliffs must make a legal return of that Precept to the Sheriff of their election and their names that are elected The Sheriff setting his hand and seal of Office to one part of the Indentures delivering it to the Major Citizens or Burgesses to be kept the Major Citizens or Burgesses setting their hands and seals to the other part delivering it as their Deeds to the Sheriff to be certified and returned by him with the writ of summons to the Clerk of the Crown whose see is 4 s for every Indenture 23 H. 6. cap 15. Crompton 208. P. Parl. 5. Note that after the Precept of the Sheriff directed to the City or Borough for making of election there ought Secundum legem consuetudinem Parliamenti to be given a convenient time for the day of election and sufficient warning given to the Citizens or Burgesses that have voices that they may be present otherwise the election is not good At the election if the party elected or the Freeholders demand the poll the Sheriff cannot deny the scrutiny for he cannot discern who be Freeholders by the view and though the party would wave the poll yet the Sheriff must proceed in the scrutiny And by the Stat. of 8 H. 6. c. 7. 10 H. 6. c. 2. The election of Knights of the Shire shall be made by the more voices of the people dwelling in the Counties having each of them lands or tenements of the yearly value of 40 s. besides reprises and the Sheriff hath power to examine upon oath the choosers how much they may expend by the year After such election the names of the parties so elected be they present or absent shall be written in an Indenture under the seals of all those that did choose them which Indenture so sealed and taken to the said writ shall be the Sheriffs return thereof touching the Knights of the Shires
before the return of the same E. L. Knight late Sheriffe of the County aforesaid and that this Writ so as above indorsed and returned was delivered to me R. S. Esquire now Sheriffe of the County aforesaid by G. T. under-Sheriff of the aforesaid E. L. late Sheriff of the County aforesaid R. S. Esquire Sherif I hereby certifie the Justices within written That the Lands and Tenements which were of the within named F. B. the same day and year within mentioned in which judgement of the debt and accompts within specified was rendred are and yet be in the hands of our Soveraign Lord the King in his Court of Wards and Liveries by reason R. B. Gent. Tenant of the Lands and Tenements aforesaid hath not yet sued forth his Livery of the Lands aforesaid in the Court aforesaid Therefore to the execution of this Writ I may not proceed as within it is commanded R. S. Esq Sherif An Inquisition indented taken at W. in the County aforesaid the day of Ianuary in the year of our Lord one thousand six hundred fifty eight before me R. S. Esquire Sheriffe of the County aforesaid by vertue of a Writ of his Highnesse the Lord PROTECTOR to me directed and ro this Inquisition annexed by the oath of M. P. and so to the number of twelve honest and lawfull men of my Bayliwick who say upon their oaths that H. S. in the said writ named was seized in his Demesne as of see the fourteenth day of June in the year of our Lord one thousand six hundred fifty in the same writ mentioned of one Capital Messuage with the appurtenances with five acres of Lands six acres of Meadow and eight acres of Pasture scituate and being in Br. in the County aforesaid of the cleer yearly value in all issues above reprises forty shillings And the said Jurors further say upon their oaths that the said H. S. hath not any other or more Lands or Tenements the said fourteenth day of June abovesaid nor at any time since nor any goods or Chattels at the day of taking this Inquisition in my Bailiwick to the knowledge of the said Jurors the moyety of all and singular which said Messuage Lands Tenements and premisses that is to say the said Capitall Messuage and the said five acres of Land and the six acres of Meadow I the said Sheriff the said day of taking this Inquisition have caused to be delivered to T. C. in the said Writ also named to hold to him the said T. and his Assignes as his Free-hold according to the forme of the Statute in this case made and provided untill the debt and damages in the same Writ mentioned shall thereof be fully levied In witnesse c. Otherwise untill the said T. C. in the said writ also named shall be fully satisfied of his debt and damages in the same writ mentioned In witness c. R. S. Esquire Sheriff The within named A. B. is not found in my Bailywick The residue of the execution of this Writ appeareth in a certain indented Inquisition hereunto annexed R. S Esquire Sheriff An Inquisition indented taken at I. in the County aforesaid the one and twentieth day of October in the year of our Lord 1658. before me R. S. Esquire Sheriff of the same County of N. By vertue of a Writ of His Highnesse the Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging to me directed and to this indented Inquisition annexed By the oath of H. S. and so to the number of twelve at least good and lawfull men of my Bailywick who say upon their Oath that R. T. in the aforesaid writ named the twentieth day of A. in the year of our Lord 1657. in the same Writ mentioned on which day the said R. T. became debtor to his Highnesse Oliver late Lord Protector in the aforesaid also mentioned was seised in his Demesn as of fee of and in one Messuage with the Appurtenances five acres of Land sixe acres of Meadow and eight acres of Pasture scituate lying and being in F. in the County aforesaid now in the tenure and occupation of J. G. or his Assignes of the cleer yearly value in all Issues above reprises 10 l. All which said Messuage Lands and Tenements with the Appurtenances I the said Sheriffe the same day of the taking this Inquisition have taken and seised into the hands of his Highnesse Richard now Lord Protector as by this Writ it is commanded And the same Jurors say upon their Oath that the aforesaid R. T. at the day of the taking this Inquisition is seised in reversion when it shall happen after the death of C. Widow in his Demesn as of Fee of one Messuage with the Appurt six acres of Land 5 acres of Meadow and 12 acres of pasture scituate lying and being in H. in the foresaid County of N. and now in the tenure and occupation of the same C. widow And that the aforesaid C. widow is now living so that at present the said Messuage Lands and premisses in H. aforesaid are worth nothing But after the death of the said C. widow will be of the cleer yearly value in all Issues above reprises 8 l. The reversion of which said Messuage Lands and Premisses with the Appurt in H. aforesaid when it happens I the same Sheriffe have also the same day of taking this Inquisition taken and seised into the hands of his Highnesse the Lord Protector according to the exigence of his Highnesse said Writ And moreover the said Jurors say upon their oaths that the above named R. T. at the time of the taking this Inquisition was and is possessed of all the Goods and Chattels severally mentioned comprised apprised and valued in a certaine schedule to this indented Inquisition annexed as of his owne proper Goods and Chattels and that the whole value of the same Goods and Chattels is forty shillings Which goods and Chattels the same day of the taking this Inquisition I the aforesaid Sheriffe have likewise seised into the hands of his said Highnesse the Lord Protector And the same Jurors further say upon their Oath that the same day of the taking this Inquisition R. J. of G. in the County of N. aforesaid Yeoman was indebted to the above named R. T. in the whole sum of twenty pounds for Rent And also that there is now in the hands of the same R. J. divers Goods and Chattels of the said R. T. that is to say one long Table c. which goods and Chattels together are of the value of 40 s. All which said debt of twenty pounds and the Goods and Chattels of the said value of 40 s. l the Sheriff aforesaid the same day of the taking of this Inquisition have also seised into the hands of his said Highnesse the Lord Protector as in the hands of the aforesaid R. I. And the aforesaid Jurors moreover say upon their Oaths that the within named
all and singular the aforesaid premises that is to say to two peeces of land Copyhold lying in the field called R. containing by estimation eight acres one peece of land lying next the land called D. on the South part and the lands c. which said two peeces of land the aforesaid A B. lately had and took up to him and his heires of the Surrender of S. T and M. his wife at the general Court with the Leete here holden on Thursday the 18th day of August in the year c. more at large appeareth to which said E. seisin is delivered to him thereof to him and his heires under the Condition and in manner and form as in the said last Will is specified by the Rod at the will of the Lord by the service and rent of 2. s. by the year and suite of Court saving the right c. and he doth give the Lord for a Fine c. and doth therefore Fealty c. The finding of the death of a Tenant ITem they say upon their Oathes that A. B. after the last Court dyed seised of and in two Roods of land lying in a Pightel called R. holden of this Mannor by Fealty and the yearly rent of 4d by the year and that E. F. is the Son and next heir of the said A. B. and of full age who now doth therefore to the Lord Fealty Paines found and set upon Tenants for want of suite of Court Item they say upon their Oathes that I. W. S. and I. I. c. Copyhold Tenants of this Mannor do owe suite to this Court and now at this day have made default and therefore every one of them in mercy six pence The like ANd that A. B. and C. D. are Tenants of the Lord of the Mannor by demise and do owe suite to this Court now at this day and have made default thereof therefore either of them are in mercy as over their heads 3. d. The like ANd that E F. G. H. and I. K. are Free Tenants of this Mannor and owe suit of Court and now at this day have made default thereof therefore each of them are in mercy as over their heads 6. d. The presentment of a Surrender made out of Court into tenants hands with the admission of the tenant accordingly ANd that L. M. the younger out of the Court after the last Court did surrender into the hands of the Lord of this Mannor by the hands of N. O. Copyholder tenant of this Mannor in the presence of L. M. and P. R. likewise Copyhold tenants of this Mannor all their Copyhold lands and tenements holden of this Mannor with the appurtenances to the behoof and use of S. T. the elder and his heires and assignes And now came the aforesaid S. T. the elder and craveth of the grace of the Lord to be admitted tenant to all and singular the premisses that is to say to one parcel of pasture containing half an acre be it more or less with the apurtenances late parcel of one Customary tenement and eleven acres of land called C. tenement in C. aforesaid which the said L. M. did lately take up to him and his heires after the surrender thereof made by one S. T. at the Court general with the Leet here holden on Munday next after c. more plainly appeareth And he is admitted Tenant thereunto and seisin is thereof delivered to him to hold to him his heires and assignes by the Rod at the will of the Lord according to the custome of Mannor c. by the services and customes c. and the rent of six pence by three years saving the right c. And doth give to the Lord a Fine c. and hath done to him therefore Fealty c. The finding a Surrender made into Tenants hands to the use of a mans will ANd that A. B. Copyhold Tenant of this Mannor out of Court after the last Court that is to say the 24th day of May last past before the Title of this Court did surrender into the hands of the Lord of this Mannor by the hand of C. D. Copyhold Tenant of the same Mannor in the presence of I. A. S. A. likewise Copyhold Tenants of the said Mannor all his Copyhold lands and tenements holden of this Mannor to the behoof and use of his Testament and last Will. The finding of the death of a Tenant and of the lands and that the youngest son is next heir according to the custome c. with his admission ANd that W. D. Copyhold tenant of this Mannor dyed after the last Court solely seised of and in onetenement inclosed called L. containing by estimation five acres lying in F. which the said W. late took up to him and his heires of the Surrender of I. S. as at a Court here holden on Munday in the morning of St. John the Baptist in the year c. appeareth And of and in five acres of Copyhold land with the appertenances holden of the same Mannor called B. which c. And that W. D. his younger son is next heir of the said W. according to the custome of this Mannor who now doth come and craveth of the grace of the Lord to be admitted to the premises with the appurrenances according to the custome of the Mannor aforesaid and he is admitted thereto Tenant to whom seisin is thereof delivered by the Rod at the will of the Lord according to the custome of the same Mannor by the services and customes and rents for five acres c. at 4. s. by the year and for the other said five acres of land at the rent of 5. s. by the year c. saving the Right c. And he doth give the Lord for a Fine c. And doth Fealty to the Lord c. The finding of a Sale made of Freehold lands with a distress to the Bayliff to distrian for want of taking it up ALso they say upon their oathes that I. A. after the last Court did sell to R. A. one tenement called T. with the Apurtenances containing by estimation two acres holden free of this Mannor in Free Soccage by Fealty and the yearly rent of 3d. by the year and suit of Court which said R. A. doth not come c. Therefore it is commanded to the Bayliff that he distrain the aforesaid R. A. against the next Court to do Fealty c. The acknowledgment in the Court of a Legacy paid ANd that I. B. in full Court did acknowledge himself to be satisfied and fully paid by N. B. his Brother of his Legacy of ten pounds to the said I. B. by the Testament and last Will of his Father bequeathed according to the form and effect and the true intent of the said Testament and last Will of his father A presentment of a Surrender made out of Court with the admission of the tenant THE Quest of Office do present upon their oathes that I. S. Copyhold Tenant of this Mannor out of
declared and this he is ready to verifie whereupon he prayes Judgement of the said Writ of Justicies and that the said Writ of Justicies be quashed c. Plea in Abatement for that the Plaintiff hath one name in the Writ and another in the Declaration ANd the said A. by I. R. his Attorney comes and prayes Judgment of the Writ of Justicies aforesaid because he saith that he is the same person against whom the said B hath brought his Writ aforesaid by the name of B. D. otherwise E. Yeoman and that the said B. is named John otherwise Henry and by the same name of B. D. otherwise E. the day of obtaining of the Writ of Iusticies of the said B. and alwayes afterterwards hitherto he hath been known and called and by the same name of B. D. otherwise against the said A. in his Declaration aforesaid now hath declared without that that the said B. is named or called Iohn otherwise Henry or by the same name of B. D. otherwise E. hath been at any time known or called and this he is ready to verifie whereupon he prayes Judgment of the writ of Iusticies aforesaid c. The Defendant justifies for horse-meat not satisfied in answer to a Declaration in Trover for the same horse ANd the said A. saith that he the same time in which the said horse in the Declaration aforesaid specified is supposed to come to his hands and by two years then next elapsed and ever afterwards and yet is a common Inn-keeper and holdeth a certain Inn called the George in the Parish and Town of Harwood in he said County of Y. and that one C. D. the twelfth day of August in the year aforesaid at the Parish and Town of the said H. came to the Common Inne of the said A. bringing with him the said horse into the said Inne which said horse the said C. D. the same twelfth day of August abovesaid untill the twenty fourth day of Iune in the year c. abovesaid in the Inne of the said A. remained at meat and that the said meat of the said A. eaten and consumed within the same Inne by the same horse between the said 12. day of August in the said year of c. and the said 24. day of Iune in the yeare aforesaid was worth eight pounds ten shillings of lawfull money of England And that no person within that time paid the said A. for the said meat neither compounded nor agreed with the said A. for the same whereupon certain L M. NO and others lawfull and honest persons the neighbors of the said A. and inhabiting and remaining within the said parish of H. in the County aforesaid at the request of the said A. afterwards to wit the 24. day of Iune abovesaid at the said Town and Parish of H. reasonably appraised the said horse at six pounds ten shillings and no more whereupon the said A. afterwards to wit the said 24. day of Iune in the year abovesaid at the aforesaid Town and Parish of H. retained that horse in his hands towards the satisfaction of the said A. for his meat aforesaid then and there did convert and dispose as it was lawfull for him to do with it without that that the said horse came to the hands of the said A. in the aforesaid County of L. or any other place without the said Town and Parish of H. in the said County of Y. as the said C D. above against him complaineth and this he is ready to verifie whereupon he prayeth Judgment if the Plaintiff his Action c. The Defendant pleads leave and liberty granted to him by the Plaintiff to enter and feed his Cattel ANd the said A. as to the aforesaid Trespasse as to the breaking of the Close aforesaid and the eating c. with his cattel c. and the treading c. with his feet above supposed to be done saith that the same B. before the same time in which c. to wit the 22. day of May in the year c. at Skipton aforesaid in the County aforesaid and within the liberty and jurisdiction of this Court gave liberty to the said A. into the tenements aforesaid with the appurtenances of new assigned to enter and put in his Cattel aforesaid the grasse in the tenements aforesaid with the appurtenances of new assigned then there growing to eat up By vertue of which said liberty the same Defendant the same time in which c. into the tenements aforesaid with the appurtenances in which c. entered and his Cattel aforesaid to eat the grasse there put And the same Cattle the same time in which c. by vertue of the liberty aforesaid the grasse aforesaid in the tenements aforesaid with the appurtenances did eat tread down and consume which said breaking of the Close aforesaid and eating treading down and consuming of the grasse aforesaid with the Cattel aforesaid in the tenements aforesaid with the appurtenances above newly assigned and the treading and consuming of the other grasse aforesaid in the same tenements with the feet walking by vertue of the liberty aforesaid and for the cause aforesaid in form as aforesaid done is the same breaking of the Close c. And this c. The Plaintiff replies de injuria propria and traverseth the liberty And the Desendant justifies he gave the liberty and issue thereupon The Defendant justifies in Replevin the taking of the Cattel for Rent in arrear ANd the said A B. by S D. his Attorney cometh and defendeth the force and injury when c. and doth well avouch the taking of the said Cattel in the said place in which c. And justly c. because he saith that the said place in which c. is and from the time of the said taking and before was four acres of Land in M. aforesaid and saith that long before the time of the said taking before supposed to be done and at the same time the said A B. was seized in his Demesne as of fee of one Messuage one Garden and four acres of Land and one acre of Wood with the appurtenances in M. aforesaid whereof the said place in which c. is And at the said time in which c. was parcel and so being thereof seized that same Messuage Garden Land and Wood with the appurtenances long before the time of the taking aforesaid that is to say at the Feast of the annunciation of our blessed Virgin Mary in the year c. at M. aforesaid demised unto the aforesaid C D. to have to him from the same Feast as long as it should please him the said A B. yielding therefore yearly unto the said A B. as long as the said C D. should have and ocupy the said Messuage Garden Land and Wood 30 s. at the Feast of St. Michael the Archangel and the annunciation of our blessed Virgin Mary by equal portions yearly to be paid by vertue of which demise the
to the Sheriffe to take a party and to enquire what Lands and Tenements he had and the Sheriffe findes by Inquisition that he is seised of many Lands and continues possession in them and the Sheriffe do out me I may have an Action of Trespasse against him Winch. fol. 78. Capias utlegatum enquiras de bonis catallis is a Writ of the same nature with the precedent but that it giveth a further power to the Sheriffe over and besides the apprehension of his body to enquire also of his goods and chattels Minsh fo 111. b. Capias ad Valentiam Is a VVrit of Execution and lyeth where the Tenant is impleaded of certain lands and he voucheth to warranty another against whom the summons Ad Warrantizandum hath beene awarded and the Vouchee cometh not in at the day given Then if the Demandant recover against the Tenant he shall have this Writ against the Vouchee and shall recover so much in value of the Vouchees Lands if he have so much And if he have not so much then the Tenant shall have Execution by this Writ of so much Lands and Tenements as descend to him in Fee-simple or if he purchase afterwards the Tenant shall have against him a Re-summons and if he can say nothing he shall recover the value Old Natura Brevium fol. 161 162. Termes of the Law 45 46. Fieri Facias what it is AFIERI FACIAS is a judiciall Writ and lyeth for him that hath recovered in an Action of Debt or Damage directed to the Sheriffe commanding him to levie the debt or damages of the Defendants goods it must be brought within the yeare and day This Writ hath beginning from West 2. Cap. 18. Anno 13 E. 1. Old Nat. Br. fol. 150. See great diversity thereof in the Table of the Register Judiciall Ver. Fieri Facias The Sheriffe or Bayliffe ought to be very cautious in executing this VVrit For if the Goods or Lease which shall be taken be the Goods of a stranger though they be found in the possession of the Defendant Yet if it be found upon Tryall that the Defendant hath no property in those Goods or Chattels then the Sheriffe or Bayliffe that executed that Writ shall be a trespasser to the right owner of the Goods and shall recover damage to the value of the Goods so taken with costs of suite although the Officer hath delivered them to the Plaintiffe in Execution Dalton office of Sheriffes fol. 60. Therefore the safest course for the Sheriffe or Bayliffe is not to take any goods in Execution unlesse they plainly appeare to them to be the proper goods of the Defenfendant For the Officer is bound at his perill to take knowledge whose Goods they be Ibidem If a Fieri Facias be awarded for twenty pounds to the Sheriffe upon which he takes an entire Chattell and sells it for forty pounds and returns the Fieri Farias with the twenty pounds in Court he may detaine the surplusage untill the Defendant comes to demand it of him for he is not obliged to search out the Defendant but if a Fieri fac be awarded for 40 s. by force of which the Sheriff takes five Oxen every one at the value of five pounds and sels them all the Defendant may have an action of Trespasse against the Sheriff Noy fol. 59. Woodby against Coles c. Sale by the Sheriff upon a Fieri fac shall stand albeit the judgment afterwards was reversed and the Plaintiff in it restored to the value Dyer 363. 24. Coo. 8. 76. b. Mat. Mannings case Upon a Judgement against an Executor or Administrator the Plaintiffe cannot have a Capias ad satisfaciendum against the body but a Fieri facias de bonis Testatoris and if the Sheriffe returne a Devastavit then a Capias ad satisfaciendum against the body or a Fieri facias de bonis propriis And if there be two Executors and the Sheriff réturns a Devastavit against one of them and he dies the other shall not be charged for that Devastavit for the one shall not prejudice the other but a gift by one of them is good against the other A Scire facias after the year for damages recovered in waste and a Nihil returned he shall not have an Elegit untill the tenants be warned but he may have a Fieri fac without warning of them 4 E. 3. 23. Execution 99. Old N. B. 168. The Sheriff returned upon a Fieri fac mandavi ballivo who said that he had seized to the value but he could not finde buyers and because the Court cannot send to the Sheriff to have the money here as they might upon his own extent therefore they awarded a Writ to the Sheriff to levy the money of the lands and goods of the Bayliff to the value of that which he had seized the same Law is upon a seizure of an ancient Sheriff 5 E. 3. Execution 101. Fieri fac for damages recovered in waste upon a Lease for years it was returned that the Lessee had no goods but the remnant of the same Lease and it was holden that by Sicut alias that the Sheriff might sell the Lease as well as pots and pans in the Execution for the Fieri facias is de terris catallis of the Lands and Chattels c. 19 E. 3. Execution 148. A Fieri fac to the Sheriffe to levy the expences of the Knights of the Parliament the Sheriff may sell the Beasts of one of the Hundred for the whole or the beasts of any person he shall finde within the precinct 11 H. 4. 2. Avowry 52. The Sheriffe returned upon a Fieri fac that he had levied the money and that he had the same in Court whereas he had not the money at the day and then a new Sheriff is chosen and because it was upon Record that the old Sheriffe had levied the money a Scire facias issued forth against him to pay it and if he cannot or will not otherwise discharge and pay the money the party shall have a Fieri fac or an Elegit against the Sheriffe of his proper goods c. 9 E. 4. 50. Scire fac 2. Mich 10. Jac. Upon a motion at the bar it was resolved that an obligation to the Sheriff upon a Fieri facias for the payment of the money in Court was not void by the Statute of 23 H. 6. cap 10. For the first branch of that Statute is that he shall let to bayl by Writ or Bill c. which he could not do before as appeares 19 H. 6. 43. The second shewes the form of the bond c. The third contains a penalty that if the Sheriffe take an Obligation in any other form c. than is there prescribed that it shall be void so that upon consideration of all the branches together and upon their coherence and dependance one upon another it plainly appears that the said
Statute doth extend only to Obligations of such as are within their guard and custody and not otherwise Trespasse brought for breaking his house and breaking three doores and breaking and carrying away three locks of those doores The Defendant justifies the entry into the house by vertue of a Fieri facias awarded against the Plaintiffe directed to the Sheriffe of and he being under Sheriffe and the other Defendants his Bailiffs two of the Defendants entred into the house and the door being open took the goods and the Plaintiff shut the doors upon the Bailiffs and imprisoned them for two hours wherefore he brake open the doors and the locks to rescue his Bailiffs Quae est eadem transgressio and it was thereupon demurred and all the Court held that although a Sheriff cannot break open an house being to take Execution by a Fieri fac yet when the door is open that he enters and be disturbed in his execution by the parties who are within the house he may break the house to rescue his Bailiffs and to take execution so it was adjudged for the Defendants And in regard this restraining of the Execution and detaining of the Bailiffs was confessed by the Demurrer an Attachment for the good behaviour was awarded against the Plaintiffe Crookes second part fol 555. and 556. If the Sheriff take Leases for years or other chattels real upon an Execution he may seize and sell them without taking Inquest by a Jury of them and the sale will be good Co 5. 90. 4. 74. And no return is required upon a Fieri facias if Execution be done which is grounded upon four strenous and solid reasons by Coo. in his 5. Report in Hoes Case 1. Because the levying of the debt is lawfull and well done and the party Defendant cannot resist the Sheriff to levy money 2. The effect of the authority the Sheriff hath by force of the Fieri facias is executed 3. The great prejudice that the Defendant whose goods are sold by the Writ and processe of Law for the satisfaction of the debt should have if the Sheriffs not returnig of the Writ should cause a new Execution to be sued forth against him and leave the Defendant to his action against the Sheriff 4. if the sale of the goods by force of the Writ shall be for not returning the writ wrongfully then the Sheriff will not finde Buyers of the Defendants goods by force of any Writ of Execution which would be very inconvenient and great delay of Executions which are the fruit and life of every suit and where the words of the Writ of Fieri facias are Ita quod habeas denarios c they are but words of command to the Sheriffe to make returne which if he do not he shall be amerced but the Execution shall stand in force Levari Facias what it is WE come to the seventh which is a Levari facias and it is onely to be levied upon the profits of the Lands and Tenements and upon the goods of him that hath forfeited a Recognisance c. Register Orig. fol. 298. b. 300. b. but he cannot seize the Land and deliver that to the party by this Writ Plow 441. and this ought to be sued within the year after the day of payment to be made by the Recognisance or after the Judgment for after the year the Conusee or Plaintiff is now by the Statute of Westm 2. cap. 45. to have a Scire facias whereby the Sheriff is commanded that he give knowledge to the Defendant that he appear at a day certain in the Chancery there to shew what he can say why he should not pay the debt or damages and if he come not at the day or do come and can say nothing why Execution ought not to be done then the Sheriff shall be commanded to do execution Fitz. 266. c. And if the Sheriffe upon this Writ returne that he hath levied part of the summ viz. sixteen pounds part thereof which he hath delivered to the party now upon this return the party which ought to have the money may have a Sicut alias Levari facias directed to the Sheriff to levy the Residue of the summ Fitz. 265. h. Of Habere facias seisinam and Habere facias possessionem THere are other Writs of Execution which are necessary to be treated of viz. 1. Habere facias seisinam and 2. Habere facias possessionem Which Executions are for recovery of Land in a real action as Cap. ad sat fieri fac and Elegit are for Recovery of debt or damages in a personall action Co. 6. 51. F N B. 265. West 2. cap. 18. And first of the Habere facias seisinan which is a judicial Writ and lieth where one hath recovered certain lands in the Kings Court directed to the Sherif commanding him to put him in actual seisin of that Land which is done by delivering a bough of a tree or by a clod of the same land in the name of seisin c. and if the recovery be of a house then the Sherif may put him in seisin by delivering unto him the ring of a door or otherwise he may open the door saying to him Enter into the house and take seisin thereof by vertue and force of the recovery Perk. Sect. 206. 207. 208. F N. B. 220. 2. It is a Writ judicial and lieth where one was evicted from his farm and hath recovered it by Ejectione firmae or quare ejecit infra terminum it is directed to the Sheriff to command him to put the Plaintiffe in actual possession of the term again The Sheriff in executing both these two Writs may break the house and deliver seisin and possession thereof to the Plaintif But he cannot justifie the breaking a mans house to execute a Cap. ad satisfac or Fieri fac But where the Protector is a party there the Sheriff may justifie the breaking of the house to execute his Processe if they cannot be executed otherwise yet he must first request the opening of the door and withall signifie the cause of his comming F N B. 220. 221. Co. 5. 91. 6. 51. Dyer 278. Some select Cases which have not been yet published in any Treatise of this nature c. concerning Returnes of Writs where valid and good and where insufficient THis word Return hath a triple acceptation First as it is applied to the case of a Replevin and here it is called Returno habendo Secondly it is applied to the dayes of appearance in every term And thirdly it is applied to Sherifs and Bailifs and it is that which we are determined to handle And it is a Certificate made by the Sherif or Bailif to the Court from whence the Writ issued They ought to be very diligent in making true certain and perfect returns subscribing their names to them for if they make a false returne the party endamaged thereby may
Copy of the warrant upon the writ 00 00 04 For the returning of a Mandavi ballivo 00 00 04 For Writs of executions upon the Judgment upon bils sued in personal actions the debt or damage being under 40 s. 00 01 00 Upon Bils sued above 40 s. in actions personal for the return of every such bil 00 00 04 For every writ of Execution 00 02 00 For executing of every writ of Elegit in personal actions 00 06 08 In all reall or mixt actions sued by Original writ for return of every original writ 00 02 00 And for return of every other writ of Judicial processe depending upon the same before Judgment 00 02 00 And for every-Writ of Execution after Judgment upon every original in action real or mixt 00 02 00 For executing every Habere fac seisinam 00 06 08 For attachments upon Capias or other processe sued by Original or Judicial writ if the return be Cepi corpus 00 02 00 For a Reddidit se upon an Exigent of felony in appeale of murther or maim or upon an indictment of selony or murther 00 02 00 Upon a Reddidit se upon an Exigent of debt trespass detinue and all other actions personals 00 01 00 For the making of a Repleg 00 01 00 and Withernam upon the same 00 01 00 For return of every writ of appeal of murder felony or maim 00 01 00 And upon all Processe growing upon the same as Venire facias Tales Habeas corpora and Distringas 01 01 00 For every prisoner delivered by acquittal or by Proclamation for any manner of felony 00 01 00 For a Replevin 00 02 00 For the returne of a Recordare 00 00 04 For the return of an Accedas ad cur 00 00 00 For the allowance of a Supersedeas after the returne of the Exigent 00 02 00 The sheriffe is to be compounded and agreed with for these For executing of a Writ to enquire of Waste Also for executing a Writ to enquire of damages Likewise for executing a Statute For executing of a writ of Right For serving of a Writ de partition facienda For removing the over-charge of Common of pasture For enquiry upon an Elegit For Writs of forcible entry or holding with force whereupon the party amoved is to be restored to his possession For execution of a Judgement upon a Writ The Vnder-sheriffe of Middlesex useth to take these Fees following in the Court of Common Pleas. FOr a warrant for a Capias upon every name 00 00 04 For the return of a Venire facias 00 02 00 For a warrant upon a Capias utleg 00 00 04 For return of a Habeas corpora juratorum 00 04 00 For summoning the Jury for every name 00 00 04 For return of a Proclamation 00 01 00 For return of a Scire Facias 00 02 00 For return of a Nihil overat and Fieri facias 00 01 00 For executing an Exigent or execution upon body Lands goods and Chattels twelvepence for every twenty shillings where the summ exceeds not one hundred pounds and six pence for every twenty shillings where the summ exceeds one hundred pounds that is to say for every twenty shillings that he or they shall levy or extend and deliver in Execution or take the body in execution Of Sheriffs Accompts with a particular of some usuall Charges or Fees payd by them at the rendring of their Accompts THe Sheriff giveth his Accompts into the Exchequer and there is charged with his casualties which are all manner of Debts of Casualties and Relièss Fines Amerciaments upon the Sheriff debts recovered and such like as are drawn down either from any Record of any of the Remembrancers of the Exchequer or from any other matter ground or seisure of the Court. And the Sheriff musst answer to every summ charged upon him as he hath cause that is to say such a summ within such and such a Liberty and sheweth whose they be He is charged with old seizures which are Lands and Tenements seized before by his Predecessors upon the Processe of the Court and likewise with his own feizures which are Lands and Tenements seized in his own time by Processe of the Court and so addeth to these such Felons goods as he hath seized himselfe There the Sheriff hath such allowances as are allowed him by act of Parliament together with the Justices of Peace wages of his Shire out of the Fines and Forfeitures before the Justices of Peace thereof if the streat will bear them layd out before the Sheriffs for the Justices wages according to the Statute of the which allowance and of the particular names of the Justices the foreign opposer doth deliver a Roll into the Pipe for the Clerk of the Pipes warrant to allow the sames wages to the Sheriff After which things done viz allowance of all payments deductions and annual charges then hath he his Quietus est The fees are as follow Imprimis to his Attorney for his warrant of Attorney c. for his own sees and his mans sees and to another for entring the warrant 02 00 02 To the Punie-Baron for ministring the oath for the Apposel upon the summons of the Pipe his see for the Vicontels and his mans see for the same 01 07 00 To the Marshal Criers Tipstaves there 01 06 08 The fees of the foreign Opposer his men are 04 00 00 For his writ of assistance from his Attorney 00 05 06 His Attorneys sees in the Pipe and his mans fees 06 00 00 The sees of the Deputy of the Pipe 01 03 04 To the Controlier of the Pipe his man and other Officers of the Pipe 02 15 02 His Attorneys see in the Remembrancers Office and his mans fee 00 06 10 To the Master of the Wardrop for his see for a Talley to have thereby an allowance given for it and for joyning of that Talley in the Pipe 05 16 05 To the Master of the Pipe for his see 18 05 00 The foreign Opposers see for allowance of Justices wages to the Sheriffe upon the extracts of the peace and for the casting up of the Debet upon the Scedules of the Greenwax and to his men for their see 02 18 04 To the Auditor assigned for the Shire for declaring of the Accompt 12 00 00 To the Attorney of the Pipe for giving allowance of the Justices wages before allowed by the foreign opposer in the Sheriffs accompt and for the foot of the accompt to his man 02 06 08 To the Baron for declaring of the accompt and to his man for his see 00 08 08 To the Attorney in the Remembrancers Office for examining of the accompt and to one for the receiving of the accompt 00 05 00 For Copies of the seizures which the Sheriff makes himselfe in his year comonly at the least 05 00 00 For copies of the new seizures according to the number of them in some Counties but twenty shillings but most commonly in
and their and every of their Lands Tenements Goods and Chattels of and from all fines issues and amerciaments and other penalties forseitures paines corporall and pecuniary whatsoever whereby or wherewithall the said A. B. his heires executors or administrators or his or their Lands Tenements Goods or Chatels shall or may be charged or chargeable for his the said A. B. or the said C. D. not executing not filing neglecting mis-executing evill returning not serving mis-returning or mis-filing any of the said Writs Processe Precepts Warrants or Commandments aforesaid or for the absence evill attendance or not attendance of the said A. B. or of the said C. D. or his Deputy as aforesaid or other misdemeanors in the executing not executing or misexecuting of the said office in any thing which the said C. D. might by vertue of these presents by himselfe or his Deputies execute or performe other then from such fines issues amerciaments and other penalties as shall be imposed or adjudged upon or against the said A. B. for or in respect of any offence sault or negligence by the said A. B. at any time after the day of the date of these presents committed omitted or done or to be committed omitted or done by himselfe in his own person or by any other except the said C. D. by his the said A B. his commandment or appointment without the consent of the said C. D And that the said C. D. shall himselfe or his sufficient Deputy or Deputies duly and lawfully keep or cause to be kept within the said County of Y. all and singular County Courts of the said County at such times and places as heretofore hath been accustomed And that he the said C D shal and will make and appoint one or more Attorney or Attorneys Deputy or Deputies of Record in the Courts of Record now commonly called the Upper Bench Common Bench and Exchequer and in all other Courts and Offices wherein Attorneys are commonly appointed And so shall and will ordain appoint and make one or more able Deputy or Deputies for him the said A. B. in every hundred within the said County of Y. according to the Lawes and Statutes in these cases provided so that the said A. B. shall not hereafter be liable to any penalty or forfeiture for want of any such Attorney or Deputy And shall and will at his own proper costs and charges appear and make ready all such place and places where the Assizes Goal-delivery or Sessions shall be from time to time holden meet and convenient Courts Bars and all other things necessary and convenient for the Justices of Assize and other Justices to keep their Assizes and Goal-delivery and Sessions in and shall and will from time to time give notice in convenient time to the said A. B. of every such time and times place and places where the personall attendance of the said A. B. shall be requisite and necessary so as the said A. B. may be personally present at such times and places when and where his personal appearance and attendance shall be necessary And furthermore that the said C. D. by and during the continuance of the said office shall and will well and truly collect levy gather and seize to the use of his Highnesse the Lord Protector all the goods and chattels of selons and fugitives and of all persons outlawed and put in Exigent and of all persons attainted and convicted of treason murder or felony which shall happen within the said County of Y. during the time aforesaid which shall be due or forfeited to his Highnesse the Lord Protector by any wayes or means aforesaid And shall and will from time to time well and truly collect and gather up all Fines Amerciaments Extracts Certainties Fee-farms Pipe-silver for License Concord for Fines Green wax and all other sum and sums of money which to the collection of the said A. B. by reason of the Sherifwick of the said County shall appertain or belong and which the said C. D. shall have warrant or lawfull Authority to seize levy or collect or which he shall have notice of and may reasonably come by and thereof and of every part thereof and of all other the issues and revenues of the said County and of all sums of money due or hereafter during the continuance of the said Office of Sheriffwick of the said County doth or may appertain shal and will to his Highnesse the L. Protector in the Court of Exchequer aforesaid yield and give just accompt and asso that he the said C. D. his Executors or Administrators at such days and terms as he the said A. B. is or shal be required to enter into accompt of the Court of Exchequer for or touching the said Office the said C. D. shall and will enter into accompt in the said Court of Exchequer in the name of the said A. B. for and concerning the said Sherifwick of the said County of Y. in and upon which accompt the said C. D. his Executors and Administrators shall and will truly answer all such debts duties and sums of moneyes as the said C. D. his Deputies Officers or servants or any of the Bailiffs of any of the Hundreds of the said County shall have received or might have received or wherewith the said A B. as Sheriff of the said County shal be any ways charged or chargeable with upon the same accompt And the same accompt shall and will at his the said C D. his own costs and charges prosecute with effect untill the same accompt be fully finished and concluded without demanding any allowance or allowances of the said A. B. his executors or administrators for the same And also that the said C. D. his executors and administrators shall and will pay into the Receipt oâ— Exchequer all such summes of money as upon the said accompt shall be found in arrearages within one year next after the feast of S. Michael next ensuing the date hereof and in the name of the said A. B. obtain a lawfull discharge and Quietus est out of the said Court of Exchequer for him the said A. B. and the same shall and will deliver unto the said A. B. his heirs executors or assignes for a full discharge of him the said A. B his heirs executors admistrators and assignes or concerning the said Sherifwick of the said County of Y. within one year next after the said feast of S. Mich. and that the said C. D. his heirs executors administrators and asgnes or some or one of them shall and will at some or one of their owne proper costs and charges disburse and pay for the said A. B. all and all manner of sees duties charges summ and summs of money rewards gratuities and demands whatsoever which shall be required demanded or demandable of the said A. B. as due or accustomed to be paid or given by the Sheriff of the said County for or by reason of the said
Mannor which shall be a detriment to the Inheritance of the Lord of this Mannor which ought to be enquired and presented for the Lord And that you be the more diligent and carefull in enquiring and presenting the same I have ministred a corporall oath unto you which is an Invocation or taking to witnesse the name of God to confirme the truth of that you shall say and present minding neither fraud nor deceit but only the truth not partial but seeking the glory of the Almighty the commodity of your neighbours and the whole Common wealth Thus much of exhortation in briefe and now to your Charge The Charge 1. FIrst you shall enquire of the Suitors which owe any Suit to this Court whether they be heires or no and present their names that make default for they which be absent ought to be present here as well as you except they have some lawfull impediment to the contrary for they hold their lands aswell to do their suit as to pay their rent so that if they do not theīr suit they shall be amerced or the Lord may have good remedy for the same Also you shall understand that every common Suitor is bound by the Lawes to appeare at the Lords Court-Baron every three weeks notwithstanding the Lord for your ease which he esteemeth more than his own profit suffereth it to be kept but seldome as appeareth for which cause every of the Tenants ought to be more willing to come unto his Court at such times as are appointed for the holding of it for if they voluntarily absent themselves then they render evil for good for when they did their Fealty they were sworne to be true tenants unto their Lord and to pay and doe all manner of suits customes and services due for their Tenements at their day assigned and therefore let every man remember his oath and duty and doe his suits and services according to the same otherwise he shall fall into the danger aforesaid 2. Next you shall enquire whether there be any tenants dead since the last Court-day or before whose death as yet is not presented and you shall present the same also what lands and tenements he holdeth of the Lord of this Mannor at the time of his death and by what services to wit whether it were by Knights-service Soccage tenure or Copyhold and what advantage the Lord shall have by his death as Reliefe Escheat Fine Heriot c. and who is his next heire and what age he is of and in whose custody and present it You shall understand there be divers manner of Tenures but most men do hold by Knights service or Soccage Tenure Knights service is when the Tenant holdeth of the Lord by Escuage that is to say by the service of the Shield also to hold by Castle-guard to wit to keep a Castle or Tower or other place of his Lords upon reasonable notice when the Lord heareth that enemies come into England that is Knights service Also he that holdeth by Homage fealty and Escuage holdeth by Knights service Also he which holdeth of his Lord to blow a Horne to warne the men of that Courtrey when Enemies do invade England holdeth by Knights service and Knights service ought always to be done by a man in his proper person which formerly drew unto it Ward and Marriage and at this day reliefe for when such a Tenant died seised and his heir male within age and unmarried the Lord and the Land holden of him and also the marriage of him untill he were of full age viz. the age of 21 yeares But if such a tenant died seized his heire female being of fourteene yeares or more then the Lord should neither have had the Wardship of the Land nor of her body for the Law intendeth that a woman of that age may have a Husband able to do Knights service and if she were within fourteene yeares of age and unmarried then the Lord had the Wardship of her Land and also of her body until she attained the age of sixteen years and this at this day is extinct of which see more in the Act of Parliament for the taking away of the Court of Wards And some such Tenants do hold by halfe a Knights service and some by halfe a Fee and some by more and some by lesse and if such a Tenant dieth which holdeth by one Knights fee and his heir being of full age then the Lord shall have Homage and Fealty and also five pounds for a Reliefe of this fee the said Act of him that holdeth by halfe a Knights fee two pounds ten shillings and he that holdeth by more shall pay more c. you shall therefore present whether any such Tenant died seized of any such Lands and Tenements so holden yea or no. 3. Also you shall enquire whether any Tenant which held by Knights service made any Feofment to his Heire and after died his Heire being within age 4. And whether any such Tenant made any Alienation of any such Land so holden to any person by collusion to defeat the Lord of his profits and present that 5. Also you shal enquire whether any such Tenant which held by Knights service did make any Feofment by Deed to his use or any Recognizance by fine to his use or suffer any Recovery against him to his use and after died and no will by him declared and present it for in those cases also the Lord shall have Reliefe of his Heire being of full age and other duties as well as if his Tenant had died seized 6. Also you shall enquire whether the Heire of such Tenant entred into any such Lands so holden for any condition broken being made by any of his Ancestors and present it 7. Also you shall enquire if any Tenant which held by Knights service was disseized of Lands so holden that is to say put out of them by one who had no right or title to them and after died before any re-entry or any legall recovery had and present it 8. Soccage-tenure is where the Tenant holdeth of the Lord by Fealty and certaine rent for all manner of services or by Homage and Fealty for all manner of services or to pay a summe of money for Escuage or to pay a certain summe of money for Castleguard All such Tenures are Tenures in soccage and all other Tenures which are not Tenures by Knights service are Tenures in soccage and where such tenants die seized of any Lands so holden the Lord of whom the Land is so holden after the death of his Tenant can have no more profit but only his Fealty and Reliefe that is to say as much money and service as one years rent doth amount unto As if the Tenant held by Fealty and ten shillings for a Reliefe over and besides the ten shillings which he shall pay for his Rent and in such case after the death of the
tenant such reliefe is due to the Lords maintenance so that the heire be of the age of fourteen yeares and he ought to tarry for his reliefe untill the day of payment of the Rent but he ought to have his reliefe maintenant and for that he may distrain immediately after the death of his Tenants 9. Also if a Copyholder die sole seized of any Lands or Tenements so holden his heire being of the age of fourteene yeares then he shall pay a fine unto the Lord and do Fealty and be admitted Tenant but if the heire be within the age of fourteene yeares then some Guardian shall be admitted to occupy his Copyhold and to pay and doe his service due for the same viz. If Lands descend from the Father then the Mother or some of her next kindred shall have the occupation of the same Lands untill the Heire be at age and they shall a little fine for the Guardianship and the Heire at his entry shall pay the whole fine you shall enquire thereof and present the same 10. Also you shall enquire whether any Tenant which held by Soccage Tenure did make any Feofment in fee to his use and died seized of the use his Heire being within age and no will by him declared of the use and present it for that the Lord shall have his Reliefe as well as if he had died seized of the same Lands 11. Also you shall inquire whether any Freeholder hath aliened or sold away his Free hold Lands or Tenements or any parcel of them and present it for he which hath purchased the Land before he enter ought to come and give notice unto the Lord that he hath purchased the same and so the Lord shall know his Tenant and the service which the former paid unto the Lord shall be apportioned according unto the value of the Lands 12. Also you shall enquire whether any that held by Herriot service or Herriot custome died seized of any Lands or Tenements so holden and present it for their service shall be apportioned also the Lord shall have of every of their severall parts divers Herriots at their severall deaths Also if one man have two severall parcels of Lands holden by Herriot-service and by two severall titles and dieth seized of the same the Lord shall have after his death two Herriots 13. Also you shal enquire if any Copyholder died seized of any Lands so holden and present it also whether any Copyholder hath made any Lease of his Copyhold or otherwise aliened or sold the same and present it for it is a forfeiture of his Copyhold for if a Copy-holder will alien or sell away his Copyhold he ought to come into the Court and surrender the same into the hands of the Lord to the use of him who shall have the Estate or else out of the Court he ought to surrender it unto the Bayliffe or to some of the Tenants of the Lord-ship to the use of him who shall have the estate and they to whom the surrender is made ought to present the same at the next Court and then pay his fine for the same and take it to his use in the Court and do his endeavour to be admitted and if he be not at the same Court then the Lord shall have the meane profits of the same Lands all the rent-services and repairations being deducted until he be amerced of his fine according to his duty 14. Also you shall enquire if any Copyholder hath made any Surrender of his Copyhold or any part thereof since the last Court-day or before and present it and into whose hands it was made and in whose presence or to whose use for at every surrender the Lord ought to have a fine and the party into whose hands the surrender is made ought to come to the next Court and present the same and to yield up his right into the Lords hands to the use of the alienee according to the trust reposed in him or otherwise he forfeiteth his Copyhold except he have a treasonable excuse for that he doth as much as in him lies to defeat the Lord of his Fine and also to defeat the other party to whose use the surrenderd was made 15. Also you shall enquire if any Tenant of the Lordship have given any lands into Mortmain and present it Mortmain is if a man give or sell any lands to any House of Religion or to any other which be corporate by the Knights grant also if one make a Foefment upon trust to the use of a Religious House or to the use of a Fraternity corporate that is Mortmain Also if one exchange Lands with a body corporate this is Mortmain Also if a Religious person or other body corporate doth hold of any man by Knights service and he release unto him this is Mortmain and then the Lord may enter and shall hold the same by force you shall therefore present them that have given any Lands or tenements in Mortmain 16. Also you shall enquire whether any tenant for term of life or years or any Copiholder of this Lord-ship hath committed any waste or suffered any waste to be committed upon their Lands or Tonements Waste is when any tenant for terme of life yeares or any Copyholder pulleth downe any house or cutteth down any timber trees or suffereth the house willingly to fall being on their Copyhold Tenements or if any of the Tenants plow up any Meadow ground or if they suffer any wall or pale which were covered to be uncovered by reason whereof the same wall or pale falls into decay or if any of them dig coals chalk or sand or make any Mines in their grounds this is waste Also if they cut downe a tree to the value of three shillings four pence this is admitted waste but if a man cut down timber to repair the old houses that stand upon parcel of the same ground and therewith doth repair them then it is no waste but if he with the timber build a new house then the cutting down of such timber is waste Or if he cut down any timber to sell to repaire such houses which are fallen into decay such is waste But if waste be done with a tempest no tenant shall be punished for such waste but if waste be done by any danger the tenant shall be punished for such waste Also it is no waste to sell in a reasonable time such trees as have been selled within twenty yeares before But if Tenants cut downe such trees to burn upon their Tenements where they have wood sufficient this is waste Also a Copyholder may not cut down wood to sell but he may to burne upon his tenement or to make reparations as aforesaid 17. Also you shall enquire whether any tenant in possession or reversion died seized of any Land or Tenements holden of this Lordship having no heire at the time of his death yea or no
and present it for then the Lord shall have the Land holden of him by Escheat You shall understand that none shall have Lands in Fee-simple as heirs unto any man unlesse he be heire of the whole bloud for if a man have issue two sons by divers women and dieth seized of the same Land and the eldest entereth and dieth without issue the yongest shall not have the Land as heire unto his brother because he is of the halfe bloud but another heire of the fathers side shall inherit the same Land and if he have no heire on the Fathers side then the next hiere on the Mothers side shall not have the Land but the Lord of whom the Land is holden shall have it by Escheat and so when Land descendeth on the Mothers side the heir on the Mothers side shall inherit and not the heirs of the Fathers side Also you shall understand that filius in adulterio conceptus viz. a Bastard can never be heire unto any man nor have heire unto himselfe Therefore if any Bastard or any other Tenant have died seized without heirs you shall present 18. Also you shall inquire if any Tenant was seized of any Lands or Tenements and was put out of his Land by one who had not a right title and afterward died without any heire the Lord shall have his Escheat as well as if his Tenant had died seized 19. Also you shall enquire whether any Tenant of this Lordship hath committed any Petty treason felonies or murthers for the which he was hanged or for the which he had Judgement to be hanged though afterwards he payd his Charge and was delivered to the Ordinary and present it And whether any Tenant hath committed any Petty treason felony or murther for the which he hath abjured the Land for which he was outlawed or by death and present it For in all those cases the Lord of whom the Lands are holden shall have them by Escheat and also the evidences concerning the same 20. Also you shall enquire if there be any Rents Customes or Services withdrawne from the Lord-ship which of right ought to be done and present it and what Rents Customes and Services they are and by whom they are withdrawne and where the Land lieth that the Lord may have the remedy for the arrearages thereof Also you shall enquire whether the Copyholders or Fermers of this Lordship do uphold and repair their Tenements yea or no and present them You shall understand that every Tenant is obliged to three things viz. 1. That he be a true tenant to his Lord. 2. That he sufficiently repair his tenements 3. That he pay and do all suits Customes and Services at his dayes assigned for he tooke upon him to do so when he did Fealty and if he do not pay his Suits Customes and Services the Lord shall have good remedy and recover the same with his damages and if he be a Copyholder and do the contrary he forfeits his Copyhold 21. Also you shall enquire if any tenant of this Lordship which is obliged by reason of his tenure to do suit unto the Lord will do the same yea or no and present it and whether any have used to with-drawn their suit from the Lords Mill in not grinding their corn there and present it 22 You shall also enquire whether any Waif or Stray is or was within the Lordship and whether the Lord be answered of the same if not present by whom they are conveyed away Also you shall enquire if any Heriot be conveyed away and by whom and present it 23. You shall also enquire whether person have made Rescous against the Lord or any other Officer and present it Rescous is when the Lord distraineth in the land holden of him for his Rent or services in arrear or if the Lord come upon the lands and would distrain and the Tenant or some other will not suffer him this is Rescous Likewise if the Lord distrain for service behinde or for damage-Feasant and in driving cattell to pownd the Beasts enter into the house of the owner if he that distraineth pray deliverance and the possessor will not deliver them this is a Rescous therefore if Rescous have been made you shall present it 24. Also you shall enquire whether any person hath broken the Lords pownd that is to have taken away a Distresse put in and present it You shall understand that if the Lord do distrain any Tenant for Rent or Service in arrear he may impownd the same Distresse in a Common pownd if he will or in his owne ground or in his neighbours if he will by the licence of his neighbour and all those places in which the Lord doth impound any Cattell are called the Lords pownd but not so when another doth impound any Distresse in his own pownd or in his neighbours It behoveth him to give notice to the other party for that if the Distresse be quick he may give it meate and then if the Beast die for want of sustenance he that was distrained shall be at the losse and then he that distrained before may distrain againe for the same rent or duty 25. You shall also enquire if any Tenant within the precincts of this Mannor hath suffered any Farme or House to fall to decay which at any time since the first yeare of the Reigne of Henry 7. hath beene let with twenty acres of land and present it For if they suffer their houses to fall to decay the Lord may take and distrain for halfe of the issues and profits of the same and keep to his owne use untill such time as the houses shall be sufficiently builded and repaired viz. maintained again for husbandry 26 Also you shall inquire if any inhabitants or Commoners have over-charged the Common or High wayes or your Common fields by putting in more Cattell then they ought to do and whether any of them have put their Cattel in any the Commons aforesaid before the dayes agreed upon and present it for the Lord as it seems may distrain the surplusage damage feasant or else you may make among your selves orders and lawes for your owne profit that none shall do upon certaine penalties c. and by such Lawes the Inhabitants and Commoners shall be bound c. 27 You shall also enquire if any persons have made any pits in the high wayes and whether any person do commonly break hedges and suffer any Hogs to go unyoaked or unringed to the annoyance of their neighbors 28 You shall also enquire whether any persons have drained or stopped any wayes waters ditches paths or turned any of them into a wrong course and present it 29 Also if any have incroached any Land of the Lords viz. Land Meadow Pasture Wood Heath Moor or any other vacant land without license of the Lord by setting of his hedge pale or otherwise and present the same Note that
or Idiot cannot be a Copyholder because they cannot do the service themselves nor depute any other and the Lord shall retain the Copyhold of an Ideot Carthrop fo 52. Nor a man cannot be a Copy-holder unto a Mannor whereof he himselfe is Lord although he be but Dominus pro termino annorum or in jure Vxoris ibidem Let us enquire what interest Copyholders have in their estates and that will appeare to be very strenuous for although Customary Tenants are termed in Law Tenants at will yet are they not simply so nor meerly Tenants at will for every Copyholder is but only Tenant at will secundum consuetudinem Manerii which custome warrants his possession and therefore it is a more certaine estate then an estate at will for the Copyholder may justifie against his Lord so cannot a Tenant at will whose estate is determined at the will and pleasure of his Lessor And although his estate is but by custome and by no conveyance the state is raised it is as materiall so as it be an estate and this estate being supported by custome is known in Law an estate and so attainted in Law and the same Law hath notably distinguished Copyhold Tenancies by custome and Tenancies at will by the Common Law for a Copyholder shall do fealty shall have ayde of his Lord in an Action of Trespasse shall have and maintaine an Action of Trespasse against his Lord his Wife shall be endowed the Husband shall be Tenant by the Courtesie without new admittance And it was adjudged in the Common Pleas 8 Eliz. That if a Copyholder surrender to the use of another for yeares the Lessee dieth his Executors shall have the residue of the terme without any admittance Mic. 14 and 15 Eliz. A Copyholder made a Lease for yeares by Indenture warranted by the custome it was adjudged that the Lessee should maintain Ejectione firmae although it was objected that if it were so then if the Plaintiff doth recover he shall have Habere facias possessionem and then Copyholds should be ordered by the Lawes of the Land 10 Eliz. Lord and Copyholder for life the Lord grants a Rent-charge out of the Mannor whereof the Copyhold is parcell the Copy-holder surrenders to the use of A. who is admitted accordingly he shall not hold it charged but if the Copyholder dyeth so that his estate is determined and the Lord granteth to a stranger de Novo to hold the said lands by Copy this new Tenant shall hold the Land charged Leonards rep first part fo 8. Mich. 25. 26 Eliz. Tenant by Copy of Court Roll hath an Inheritance by the custome but when he doth that which is contrary to the Custome he shall be then in no better condition then a bare Tenant at will Bolstrod 1 part fo 51. so that performing the duties and services according to the Custome doth so establish and fixe the estate that the same by the Custome of the Mannor is descendable and his heires shall inherit the same and therefore his estate is not meerly as I have said before ad voluntatem Domini but ad voluntatem Domini secundum consuetudinem Manerii so that the custome of the Mannor is the soule and life and also the chiefe basis upon which stands the whole fabrick of Copy-hold estates for without custome or if they break their custome they are subject to the Lords will And by custome a Copyholder is as well inheritable to have his land according to the Custome as he who hath a Free-hold at the Common Law for consuetudo est altera lex custome and usage time out of minde c. may create and consolidate Inheritances Consuetudo vincit legem 7 E. 4. Danby chiefe Justice said that a Copyholder is aswell inheritable to have his Land according to the Custome as he who hath Free-hold at the Common Law Co. 4. 21. If Tenant by custome paying his services be ejected by his Lord he may have an action of Trespasse 21 E. 4. 80. Co. 4. 22. If a woman Copyholder in Fee have a Husband who hath Issue and the Wife dyeth the Husband shall not be Tenant by the Courtesie without speciall custome Co 4. 22. If a Copyholder dye his heire within age the heire is not obliged to come to any Court during his non-age to pray admittance or to tender his Fine Also if the death of the Ancestor be not presented nor Proclamation he is not at any detriment although he be of full age Leonards rep first part fol. 128. Pasch 30 Eliz. B. R. Brownloes Rep. first part fol. 231. Swain and Becket a question was that whereas there is a Mannor wherein are Copyholders for life who used to lop Trees growing upon the Copyholds for their necessary fire and repaire of their customary Tenements the Lord of the Mannor maketh a Lease of the Mannor for yeares excepting the Trees The Lessee of the Mannor granteth a Copy for life the Copyholder loppeth his trees growing in his Copyhold whether or no he might doe it by Law was the doubt of the Iury. And it was held by all the Court Hill 6 Jac. that the Copyholder might lop the Trees because he is in by the custome which is above the Lords estate after he is admitted and that the Copyhold depends not upon the Lords interest And that the trees excepted and the soyle remained parcel of the Mannor because the Lease was but for yeares but if the Lease had been for life it had been otherwise because it had been severed from the Mannor But note that in Justice Crooks Rep. first part fol. 160. That a Copyholder for life may cut downe and sell Timber trees and dispose of them at his pleasure is a voyd and unreasonable custome and not allowable by Law for it is a destruction of the Inheritance and against the nature of a Copyholder for life For a Copyholder hath but a particular estate in the Land and so he hath in the Trees And it is unreasonable that he should cut downe sell and destroy the Inheritance and it would be to the great prejudice of those who succeeded for they should not have to maintain the house and the plough And it is against the nature of the estate of a Copyholder that he should do Acts in destruction of his estate therefore customs which maintaine them are allowable but not è converso Vide 24 E. 3. Barr. 77. 21 H. 7. 40. 11 H. 7. 14. 9 H. 4. Wast 59. If a Copyholder of inheritance grant his Copy-hold to one and his heires this shall descend and no Tenant by the Courtesie nor yet Dower shall be thereof without a speciall custome for the same Bolstrod second part fo 275. Mich. 12 Jac. If I give all my Lands Tenements and Hereditaments in D. my Copyholds do not passe Leonard Rep. first part 126. An estate tayle cannot be of Copyhold Lands unlesse it be in case where it hath
whatsoever which they ever had now have or hereafter may have or they or either of them may have according to the custome of the same Mannor of in or to seven Acres of land with one Messuage parcel of the tenement called S. and of in and to two acres of Copy-hold land of the Tenement of W. c. which said premises the said S. lately had and took up and now holdeth to him and his heires after Surrender thereof made by I. W. as at the Court there holden on Wednesday the 21. day of March in the year c. more at large appeareth to the behoof and use of the aforesaid S. N and of his heirs so that is to say that neither the aforesaid I. W. and R. nor either of them nor their heirs nor the heirs of either of them from henceforth may require claim or challenge any estate Right title Dower and demand thereof to be had from henceforth shall be altogether barred and excluded and either of them is barred and excluded by this present surrender release and quit claim and for this surrender remise and release the said S. doth give a Fine to the Lord c. A Surrender of Copyhold in Court with the admission of the tenant accordingly TO this Court came A B. gent. Copyhold Tenant of this Mannor and present here in Court did surrender into the hands of the Lord of the same Mannor two acres and a half of land lying in two pieces in C. be it more or less whereof the first peece doth lye between c. and the other peece is accounted for half an acre and lyeth c. which said two acres and a half the said A. B. late in the Court did take up to him his heires and assignes after surrender made thereof by I W. as at the Court here holden on Friday the sixteenth day of May in the year c. more plainly appeareth to the behoofe and use of I. W. and R. his wife and the heires of the said I. W. which said I W. and R. present here in Court do desire of the grace of the Lord to be admitted to the aforesaid two acres half of land according to the form and effect of the Surrender aforesaid and they are thereunto admitted tenants to whom seisin thereof is delivered to hold to the said I. W and R. and to the heires of the said I W. of the Lord of the Mannor aforesaid by the Rod of the will of the Lord according to the custome of the Monnor aforesaid by the services c. and the rent of 2 s by the year saving the Right c. and he doth give to the Lord a Fine and the said I W. hath done Featly to the Lord c. A surrender and Lease made in Court with the examination of the Wife AND afterwards at this Court came the aforesaid I. S. and M. his Wife and present here in Court and the said M. being solely and secretly examined by the Steward of the same Court and consenting did surrender remise and release into the hands of the Lord of the Mannor aforesaid all their right state title possession Dower and demand of them the said I. S. and M. of in and to all and singular the premisses aforesaid with the appurtenances to the behoose and use of the said R. K. and his heires and assignes for ever in his full and peaceable possession of the premisses now being so that is to say that neither the said I. S. and M. or either of them from henceforth shall require claime or challenge any right title Dower or demand of in or to the premisses or any part or parcel thereof but of and from all action right title Dower or demand thereof to be had for ever hereafter shall be barred and excluded by this inrollment And the said I. S. for the said remise and release doth give to the Lord a fine c. A Surrender of Lands made in Mortgage upon condition for the payment of money with the admission of the Mortgagee by her Attorney and the Fealty respited AND immidiatly after the same Court the aforesaid N. B. present here in Court did surrender into the hands of the Lord aforesaid by the hands of his Steward of the same Mannor one piece of Land containing by estimation two acres of arable Land lying between the Lands of the Mannor of R. late of N. B. of the West part and the lands c. together with the wayes and pathes to the same belonging and used which said piece of Land R. B. the Father of the said F. whose heire he is late had to him his heires and assignes amongst other things after the Surrender thereof made by W. B. and E. his Wife as at a generall Court with a Leet there holden on Thursday next after c. in the yeare c. appeareth to the behoofe and use of F. D. one of the daughters of N. D. Gent. and of the heirs and assignes of the said F. under this forme and condition that if the said N. B. his heirs executors or administrators or any of them shall pay or cause to be payd to the said F. D. her heires executors administrators or assignes at the mansion house of the said R. B. in H. in the County of York Gent. the summe of twenty pounds of good c. in or upon the twenty eighth day of October next following after the title of this Court that then the said surrender shall be void and of none effect or vertue and that then also it shall be lawfull for the said N. B. his heires and assignes to re-enter into the said piece of Land and the same as in his former estate to have againe repossesse and re-enjoy the said surrender or any thing to the contrary notwithstanding and upon this the said F. by C. W. her Attorney in this behalfe is admitted thereto tenant and Seisin is delivered to the said F. her heires and assignes under the condition aforesaid and in manner and forme aforesaid by the Rod at the Will of the Lord according to the custome of the Mannor aforesaid by the services c. saving the right c. And he doth give the Lord for a fine c. and Fealty is respited untill c. A Surrender of Lands made presently in Court ANd afterwards sitting in the same Court the aforesaid F. W. present in Court did surrender into the hands of the Lord of the same Mannor in the aforesaid Close containing by estimation five acres called L. to the behoofe and use of C. W. his Brother and to the heires and assignes of the said C. to which said C. seisin thereof is delivered to hold to him his heires and assignes by the Rod at the will of the Lord according to the Custome of the same Mannor by the services c. saving the right c. And he doth give to the Lord for a fine c. And doth therefore Fealty to the Lord
and the same F. W. present here in Court doth surrender into the hands of the Lord by the hands of the Steward of the same Mannor the aforesaid seven acres of Land in one Close now in two parts divided with hedge and dike to the behoofe and use of I. VV. Widdow his Mother and of her assignes in form aforesaid for terme of the natural life of her the said I. VV. to whom seizin thereof is delivered to the said I. VV. and her assignes in forme aforesaid the reversion thereof to the said F. VV. and of his heires and assignes by the rod c. at the will of the Lord c. according to the custome of the Mannor aforesaid saving right c. And he doth give to the Lord for a fine c. And doth therefore fealty to the Lord c. A Release of Land made in Court AT this Court came S. B. and present in Court did surrender remise and release into the hands of the Lord according to the Custome of this Mannor all his right title state possession interest and demand of and in all those parcels of the land parcel of the Orchard of the said N. called the old or further Orchard next adjoyning to the Pightel or Close of Pasture of him the said S. called the Bean-close as it is now divided from the said Pightel or Close with the door-stakes put upon the Front of the Dike of the said old Orchard to the behoofe and use of N. B. his Brother in full and peaceable possession thereof now being and to his heirs and assignes for ever so that is to say that neither the said S. nor his heires from henceforth may challenge crave or demand any right title state claime or demand of or in the said piece of land But from all action right title state use interest and demand thereof to be had from henceforth shall be utterly barred and excluded and every of them shall be for ever barred and excluded by this present inrollment And the said N. for the said remise and release doth give to the Lord a fine c. A Lease made by the Lord of parcell of his Lands AT this Court the Lord here in full Court did demise to farme to I. A. one Garden containing halfe a Rod lying c. and halfe an acre of land in F. of the Demesnes of the Mannor to hold to him his Executors and assignes for the terme of five yeares next following after the title of this Court paying therefore yearly for every yeare during the said terme one penny at the Feast c. And he doth give to the Lord for a fine c. And doth therefore Fealty to the Lord c. The Admission of the yonger Son to Lands according to the custome AT this Court came F. W. the yonger Son and next heire of I. W. deceased and did crave of the grace of the Lord to be admitted tenant to one parcel of land containing in length twenty perches and in bredth three foot late parcel of one piece of Copyhold land called B. containing by estimation three acres of land of which said parcel of late there is made a dike which said parcel of land I. W. the Grandfather of the said F. W. lately had to him his heires and assignes of the surrender of L. A. as at a Court for the Mannor aforesaid holden the 24. day of May in the yeare c. appeareth as to his right and inheritance for that the said I. VV. died thereof seized and the same parcel of land by and after the death of the said I. VV. according to the custome of the Mannor aforesaid did descend to the said F. VV. the Father of the said F. VV. and from the said F. VV. the right of the said parcel did descend to the said F. VV. the yonger and he is thereunto admitted tenant to whom seisin is thereof delivered to hold to him his heirs and assignes by the rod at the will of the Lord according to the custome of the Mannor aforesaid by rent of two pence c. and the services c. saving right c. And he doth give to the Lord for a fine c. And doth therefore fealty to the Lord c. A License by a Lord of a Mannor to a Copy-holder to pull downe houses standing on Copyhold lands TO all and singular Survayors Bayliffs and other Officers whatsoever within my Mannor of Skipton in the County of Y. I E L. of B. send greeting Whereas I am informed that H. G. hath lately purchased of T. C. certaine old houses within my said Mannor being Copihold and that the said T. C. hath surrendred the same houses to the use of the said H. G. and his Heires according to the custome of the said Mannor Now my will and pleasure is and I do by these presents give and grant unto the said H. G. his heirs and assignes full license and absolute liberty power and authority to pull downe and to take and carry away the said houses and every of them or any part of them to and for the use of the said H G. and his heires and assignes from time to time as to him or them or any of them shall seeme meet Any custome or usage whatsoever within the said Mannor if any such be or heretofore hath beene had or used to the contrary thereof in any wise notwithstanding And I will and command you and every of you that the said H. G. and his assignes may quietly have and enjoy the full and whole benefit of my said grant and license without any deniall let or impediment of you or any of you In witnesse whereof c. A Letter of Attorney to surrender a Copyhold BE it knowne unto all men by these presents that I A. B. one of the customary or Copyhold tenants of the Mannor of H. in the County of M. have made ordained constituted and appointed and by these presents do make ordaine constitute and appoint my trusty and well beloved friends C. D. and F. F. two customary or Copyhold Tenants of the Mannor aforesaid my lawfull Attorneys and Attorney joyntly and severally for me and in my name joyntly and severally by lawfull wayes and means to surrender into the hands of the Lord or Lords Lady or Ladies Farmers owners or proprietors of the said Mannor of H. aforesaid all that customary or Copyhold Messuage or Tenement with the appurtenances scituate lying and being in H. aforesaid parcel of the customary lands of the said Mannor And all my estate right title interest claim possession and demand of in to and out of every part and parcel thereof to the use and behoofe of T. VV. his heires and assignes for ever and I the said A. B. do hereby give and grant unto them the said C. D. and E. F. joyntly and severally and to either of them full power and authority to do execute and performe any other lawfull act and acts whatsoever needfull or
have an action of the case against him that made such return See Co. 5. 90. 11. 40. and 4. 67. In Mich. term 8. Jac. The words of a Return were these viz. By vertue of this Writ to me directed I have taken the body of E. M. whose body I have here ready in Court at the day c. and as for the other two they are not to be found in my Bayliwick And at the end of the return was set down The answer of S. H. c. which S. H. at the time of the return was not then officer to the Court nor to the King and so disabled to make a return and therefore the return insufficient The Writ was directed to the Sheriff and so ought the Return to have been by the Sherif for none can make a returne of a Writ but such a person who at the time of the returne remained an Officer to the Court. If the old Sheriff be removed before the day of the return the new Sheriff is to make the return and to this purpose is the book of 22 E. 4. fol. 33. and 34. in the case of a Writ of Error to reverse a false Judgment given before the Major and Sheriffs in the Court at Coventry and Co. 3. fol. 72. Westbyes Case where it is resolved that after the election of a new Sheriff and before delivery over of the Prisoners to him they do remain in the custody of the old Sheriff and after the delivery of them over to the new Sheriff he at the day of the return ought to return Cepi corpus but in this case the return by the new Sheriff before any delivery over of the Prisoners to him by the old Sheriff is no return at all in Law And the old Sheriff can now make no return he being no Officer at all to the Court but the new Sheriffe is the Officer to the Court and ought to make his answer unto the Kings Writ to him directed and he doth not here return a Cepi corpus but only an indorsment in this manner setting his hand also to the return with this Postscript viz. This Writ as it is above subscribed I the now present Sheriff have received from my Predecessor the old Sheriff going out of his office and this upon the matter is no return at all Here the new Sheriff hath made a Return but the same is not good being but parcel of that which he ought to have returned For as to the other two his return is They are not to be found within my Bayliwick this Return is not good for he ought to have said that those two nor either of them were to be found And it is said that the old Sheriff put his hand to the Writ he was at that time out of his office and so he was no Officer of the Court and so it is in effect as if he had not put his hand at all to the return and and so the return being as no return in Law is meerly void Upon an Elegit the Sheriff returned that to be executed and the extent of the Church of S. Andrews alias S. Edes and it was prayed that the Sheriff might amend it and make it Andrews only for that was the true name and the Court said that the alias dictus is surplusage and will not hurt the return of the Writ Winch. Rep. fol. 27. A Writ of Proclamation upon the Exigent was returned by the Sherif out of office at the time upon which the Outlawry was adjudged void Stat. 6. H. 8. Dyer 103. To return Rescous upon a Latitat is no good return for the Sheriff might have had a Posse Comitatus aswell for the serving the same Processe as an Execution 10 H. 7. 26. 33 H. 6. 1. 10 E. 4. 3. F N B. 102. Dyer 162. If a Writ be directed to a place where there are two Sheriffs as London York c. and one of them doth return the Writ it is insufficient for though one according to custome doth execute it yet it must be returned in both their names 21 Ass 20. Br. Officer 22. If the Sheriff upon a Capias ad satisfaciendum returneth a Cepi corpus and hath not the body at the day c. he is chargeable for an escape Or if upon a Fieri facias he returneth a Fieri feci and hath not the money at the day c. he is chargeable with the money Br. Ret. 107. Yet in all Writs of Execution except an Elegit as upon a Cap. ad satisfac Habere facias seisinam vel posessionem Fieri fac Liberate c. If the Execution be duly done although the Writ never be returned or filed it much matters not if the Plaintiff have his demand for then he hath no cause of further proceeds in it But in case of an Elegit because the Extent is to be made by an Enquest and not by the Sheriff alone that ought to be returned otherwise it is invalid Coo. 4. 67 and 5. 90. But where no Enquest is to be taken but onely Land to be delivered or seisin had or goods to be sold which are but matters in fait these are sufficient although the Writ be not returned Co. 4 67. a. It is no good return for the Sheriff to say that the party will not pay his fee ergo he did not execute the Writ 34 H. 6. Br. Ret. 10. All Sheriffs and Bayliffs who have return of Writs ought to set both their names of Baptisme and sir-names to their returnes Plo. 63. a. so that the Court may know of whom they received such returns if necessity require And this is by force of the Stat. of 12E 2. Cap. 5. Yet by the Stat. 18 Eliz. cap. 13. imperfect or insufficient returns of Sherifs are corrigble Upon a Replevin the Sheriffe returns I have commanded the Bayliff of the Liberty of c who will make no deliverance c. these are no good returns for the Sheriff himselfe ought to have entered the Franchise and to have made deliverance of the Cattle c. Fitz. 68. f. He shall be amerced for the default of his Under-sheriff County Clerk or Bayliff 38 Ass p. 13. Br. 77. 1 R. 3. c. 4. But by the Stat. of 27 H. 8. c. 24. Amerciaments for insufficient returns of Writs made by Bayliffs of Liberties shall be impos'd upon such Baylifs and not upon the Sherifs Every return ought to answer the Writ ad punctum and therefore where the VVrit was That you make known to the heires of the Lands and Tenements which were of A c. And the Sherif returned That he made known to B. Esquire sonne and heire of the said A c. which was not good and assigned for Errour c. because he did not return him heire of any Lands or Tenements as the writ required for his writ was not to summon the heire of the said A but
the heire of the Lands and Tenements of the said A. Co. 3 15. Usually the omission of words make the return invalid as where the returne was The residue of this Writ appeares in a certaine schedule c. For the residue of the Execution of this Writ this is insufficient and vitious 19 H. 6. Fitz. Ret. 14. For by 3 H. 7. 11. a. Brook Ret. 88. the returne of the Sherif ought to be certaine to every intent and he is obliged to take knowledge of the Law in making his returne And therefore in a Scire facias to L. B. Master of the Free Grammer-school of Skipton c. and to the Scholars of the same c. he returned That he made knowne to the Master c. And did not say that he made known to L. B. Master c. And likewise he omitted Scholars which return was insufficient and void See Coo. 8. 127. 128. 10. E. 4. 15. The Sherif upon a Capias returned that he arrested the Defendant at S. and would have carried him to the Goal and that A. B. rescued him which return was holden invalid because he did not shew at what place A B. made the rescue for it shall not be intended the place where the arrest was ret 97. By the opinion of Iennie 3 E. 4. If a Writ be returned thus The answer of the Sheriff of C. and sheweth not the Sherifs name it is no good return 9 E. 4. 19. Br. 54 and by the 11 H. 7. 10. a. b. the name of the County ought to be entred in the margent or over the head of the return In a Scire facias the Sherif returneth I have made known to A. B. in manner and form as this Writ exacteth and requires and said not To the within named A. B. c. and yet this was holden per curiam to be good for note these words as this writ exacteth c. doth amount to the within named or the within mentioned or written See 2 H. 4. 13. and 3 H. 4. 9. Br. 28. Fitz. 44. Habere facias seisinam Upon a grant and render at the Plures the Sheriff did returne mandavi ballivo who did nothing because the parties to the Fine had nothing and the Writ of covenant was not sued in the Liberty nor came to him to be executed upon which a non omittas was awarded 8 E. 3. 12. upon the like writ the Sherif returned that he could do nothing by reason of the resistance of A B. others and he was amerced twenty marks because he did not take posse comitatus and an alias awarded and also a Writ to attach A. B. who was taken and pleaded not guilty and prayed a Writ against the Sheriffe to answer his false return Hil. 19 E. 2. Execution 147. Waste was assigned in W. the returne must not be That he came unto W. but that he came to the place wasted 27 H. 8. Br 2. The Sherif returned That by vertue of a Precept c. he took the body of A. B. c. and exception was taken because the return was not by vertue of a Writ c. yet it was holden to be a sufficient return for the Sherif may take one in Westminster Hall by the mandate of the Justices without any Writ The Sherif returned I have not found the party c. for he is not to be found and the party thereupon outlawed assigned this for Error and not to be amended Fitz 19. The Sheriff returned that he hath commanded the Bayliff of Slaincliff in the third person for I have commanded the Bailiff c. in the first person and was amerced for it 21. Ass 17. If a Sherif do not return a Capias in Processe the arrest is tortious and an action of false imprisonment lieth against him by him that was arrested and likewise the Plaintif shall have an action against him Littleton 18. E. 4. 9. Br. Trespass 339. Br. false imprisonment 5. 7. 12. But if a Capias ad satisfaciendum be not returned it is sufficient if the execution be duly executed and the Plaintif satisfied yet if he levy the money or debt but neither returneth the Writ nor payeth the money to the Plaintif he is chargeable to the Plaintif in an action of accompt c. and to the Defendant in an action of trespass Co. 5. 90. And the Plaintif may have his Execution renewed against the Defendant and the Defendant is left to his action against the Sherif Where a man hath liberty to return Writs as in the Honour of Pontefract in Yorkshire c. and to execute them c. if there the Sherif or his Officer shall enter the Liberty and execute any processe there the Lord of the Liberty shall have an action of the case against him Fitz. 95. b. In a Scire facias to execute a Judgment or Fine the Sherif must return the names of the Summoners 3 H. 7. 8. Br. Ret. 86. Upon the return of a Jury he is to return issues upon every person impannelled and returned by him ibidem Upon a Replevin the Sherif returned that the cattel were in such a strong place that he could not make deliverance for which return he was amerced because he might have taken Posse comitatus and so made deliverance Br. 119. or if he should return a resistance the like 13. E. 3. c. 39. In a Scire facias against the Husband and Wife the Sherif returneth that they are divorced and therefore amercied for Persons that are divorced may have garnishment quaere vide 1 H. 6. 2. Br. 63. Upon a Fieri fac against Executors the Sheriff returneth that they had sold the goods of the party deceased before the Writ purchased c. for which he was amerced for he should have taken other goods of the Executors to the value thereof c. 14 H. 4. 12. Br. 41. Upon a Fieri fac against Executors the Sheriff returned nulla bona c. and upon this return an entry was made in the Roll because that testatum est that the Executors had sold divers goods of the Testator and converted the money to their own use a Writ was awarded to the Sherif to enquire by the oaths of good men of his Bailiwick what goods which were the Testators the day of his death were wasted by the Executors by force of which Writ the Sherif had an Inquisition by which it was found that divers goods of the Testator to the value of the debt recovered were wasted by the Executors And this was returned in Court upon which the Plaintif sued a Scire facias against the Defendant to shew cause wherefore execution should not be awarded against the defendant of his own proper goods And upon two Nihils the Court awarded Execution Co. 5. 32. An Outlawry returned in London in these words At the Hustings holden in Guild Hall in the City of London such a day A.