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A85670 Bouleutērion, or A practical demonstration of county judicatures. Wherein is amply explained the judiciall and ministeriall authority of sheriffs. Together with the original, jurisdiction, and method of keeping all countrey courts. / By Will: Greenwood, philomath. Greenwood, Will. William. 1659 (1659) Wing G1870; Thomason E1789_1; ESTC R209680 323,562 484

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summon witnesses 50 Sale of Goods to the Plaintiffe levied upon a Fieri facias by the Sheriffes Baliffe 53 Sale of Goods made by the Sheriffe by vertue of his Office 277 Surrender and remise of Lands made in Court before the Steward and the examination of the Wife 383 Surrender of Copyhold in Court with the admission of the tenant accordingly 384 Surrender and Lease made in Court with the examination of the wife 385 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 ibid. Surrender of Lands made presently in Court 387 T TOit 42 Trover and Conversion 127 Trespasse for breaking down the Plaintiffs stall being set up in the Market 129 For breaking the Plaintiffs close ibid. For a Dog biting a Mare so that she dyed 130 For chasing of hogs with dogs ibid. For pasturing sheep in a rotten pasture by reason whereof they died ibid. For digging and plowing the Plaintiffs ground and taking away his corn 131 For taking away a post ibid. For eating the grasse cutting the hedges and assaulting the Plaintiff ibid. Trespass and assault 132 Assault upon one at under age ibid. V VEnditioni exponas 45 46 Venire facias Jurator 49 W WArrant upon a Writ of Justicies 39 Warrant upon a Proclamation 51 Warrant of Attorney for an appearance in the County Court 52 Warrant upon Accedeas ad Curiam 64 Warrant of a Coroner for the impannelling of a Jury 288 Warrant to summon a Leet 316 Withernam 40 Alias capias in Withernam 41 FINIS Courteous Reader These Books following are Printed for John Place and are to be sold at his Shop at Furnivals inne Gate in Holborn Books in Folio 1. THe History of the World by Sir Walter Raleigh Knight 2. Observations on Caesars Commentaries by Sir Clement Edmunds Knight 3. Sheppards Epitomy of the Law 4. The Reports of the learned Judge Popham sometime Lord chiese Justice of England 5. The Reports of the Learned Judge Owen chiefe Iustice of the Common Pleas 6. Londinopolis or a History of the Cities of London and Westminster by James Howell 7. The History of Swedes Goths and Vandals by Olaus Magnus Bishop of Vpsall 8. The Reports of the learned Sarjeant Bridgeman 9. Cowells Interpreter of hard words in the Law c. 10. Maximes of Reason or the Reason of the Common Law by Edward Wingate Esquire late one of the Benchers of Grays-Inne 11. The History of Edward the Fourth of the Wars between the Houses of York and Lancaster by W. H. Esquire 12. The Minister of State wherein is shewed the true use of Policy by Monsieur de Siton Secretary to Cardinal Richlew Englished by Sir Henry Herbert Knight Books in Quarto 1. The Compleat Clerk or Scriveners Guide containing the Draughts of all manner of Presidents of Assurances and Instruments now in use as they were penned by the most eminent Lawyers 2. Commentaries on the Original Writs in Natura brevium 3. An exact Abridgment of the common-Common-Law with the Cases thereof drawn out of the old and new Books of the Law both by William Hughes of Grays-Inne Esquire 4. An exact Abridgment of the Acts Ordinances of Parl. begining at the fourth year of King Charls to the year 1656. 5. Declarations and Pleadings c. in the Upper-Bench by Will. Small of Furnivals Inne late one of the Clerks in the Upper-Bench 6. Declarations Counts and Pleadings in the Common Pleas by Ric. Brownlow Esq late Prothonotary The second part 7. Regni argumenta Consilii or a collection of Authentick Arguments in Parliament humbly presented to the view and use of this present Session 8. The floating Island by Dr. Strowd acted at Oxford 9. The Tragedy of the fair I ene the Greek by Gilbert Sumhoe Esq Books in Octavo 1. The Iurisdiction of Courts by John Kitchin of Barnards Inne 2. Books of Entries of all manner of Judgments in the Upper-Bench and Common-Pleas 3. The Grounds and Maxims of the Law by Michael Haulk of the Middle Temple 4. A perfect Guide for a studious young Lawyer by Thomas Fidell of Furnivals Inne Gent 5. The Arraignment of the Anabaptists in a Dispute at Abergavenny in Monmouthshire by Iohn Cragge M. A. 6. A Cabinet of Jewels wherein Gods Mercy Mans misery c. is set forth in S Sermons with an Appendix of the nature of Tithes and expedience of Marriage by a lawful Minister by Iohn Cragge M. A. 1. The Abridgment of the Lord Dyers Reports by Sir Tho. Ireland 2 Observations on the Office of a Lord Chancellor by the Lord Elsemore late Lord Chancellor 3. The Laymans Lawyer or the second part of the Practick part of the Law by Tho. Foster Gent. 1. The Laws of Corporations Fraternities and Guilds by W. Sheppard Sarjeant at Law 2. Transactions of the High Court of Chancery by W. Tochel 3. Brooks Cases in English by I. Marsh of Grayes Inn Barrester 4. Poems by Matthew Stevenson 5. Perkins of the Lawes of England 6. An exact Abridgment of Doctor and Student 7. Invisible World and the Mystery of Godlinesse 8. Imposition of Hands both by Ioseph Hall Bishop of Norwich 9. Clarastella by R. Heath Esquire 10. Doctor Prestons Saints Infirmities 11. A Catechism containing the Principles of Christian Religion written by Moses Wall 12 The whole Survey of a Justice of Peace his Office by W. S. Sarjeant at Law FINIS Lambert arch This Court no Court of Record * Hengham f. 8. cap. 2. placita vero de furtis melletis hutesio plagis verberibus transgressionibus ubi non agitur de pace domini Regis fracta ad Vicecomites pertinent audienda determinanda See Seldens Notes upon it f 135 136 137 138 139 140. Likewise Sir Henry Spelmans Glossarie fol. 18. 438. LL. Edovar Confess cap. 12. Chimini vero minores de Civitate ad Civitatem ducentes de burgis ad burgos per quos mercata vehuntur caetera negotia fiunt sub lege Comitatus sunt c. Why instituted The time when it is to be holden Co. Inst 4. cap. 55. Where to be kept St. anno 2 E. 6. cap. 25. Stat. 15 H. 7. cap. 24. 33 H. 8. c. 26. No Fine Amercement What actions will not lye in this Court Exigents and Proclamations to be proclaimed five County dayes F. N. B. 163. idem 395. Bract. l 3. f. 98. Fleta l. 1. cap. 15. 31 Eliz. cap. 5. Appearance Essoyn Duc. tec. Declaration Modo forma Nota. Modo forma 27 H. 8. fo 29. Count. Non-suit Empartance Continuance Rule Answer Replication Rejoynder Sur-rejoynder 〈…〉 rrer C● Inst 1. fo 7. b. Nota. Not informed Nil dicit Generall issues Pleas specially to be pleaded Obligation Debt Against Executors or Administrators Non-age Woman covert Arbitrament Trespasse Damage feasant Rent Detinue Slander Warranty Debt Demise Trespass Nota. Liberum tenementum or Freehold Nota. Et hoc paratus est verificare Et
the King c. And lastly That the same Court of the Kings did judge not onely according to meer right and Law but also after equity and good conscience And after this order and in these two Courts was all Justice administred This Court continuing untill the time of William the Conqueror and ever since during the times and raignes of the ancient Kings and doth yet continue in manner the same forme and substance that it then was and will doe in despite of those Sycophants that have had their Primum mobile from it and now endeavour its subversion that Viperous brood of Birds that have so much defiled their owne Nest that the whole Countrey laughs at their folly and that the pleas ought no more to be taken from it now in our dayes without cause than they ought then to have been which may evidently be proved by those ancient Writs of Pone Recordare Writ of false Judgment and Accedeas ad curiam which are yet in use to this day and to this onely end to remove suits upon cause out of this Court into superior Courts But because this requireth great search of Records to make any further progression whereunto I have no accesse I must leave it to such whose abilities are more strenuous to travell in that so intricate a path This Court is no Court of Record but onely a Court Baron though it had in ancient times the cognition of great matters as may appear by Glanvile lib. 1. cap. 23. 4. by Bracton and Britton in diverse places and by Fleta lib. 2. cap. 62. but it was abridged by the Statute of Magna Charta cap. 17. and much more by 1 E. 4. cap. unico therefore pleas holden in this Court by Plaint nor pleas holden by Writ of Justicies are not taken as matters of Record for those pleas are holden by reason of the Court which the Sheriff holdeth by reason of his Office This Court as Dalton reporteth in his Office of Sheriffs was ordained for the Sheriff to hold Pleas there for particular or private matters under forty shillings between party and party It is now as it was alwaies holden once every moneth upon a day certaine the moneth being computed according to twenty eight dayes in the moneth and not according to the Kallander 9 H 3. c. 35. 2 E. 6. c 25. It holdeth no plea of debt or damages to the value of forty shillings or above because a Fine is due thereby to the Lord Protector yet if the debt be forty shillings or above and the Plaintiff will acknowledge in his Declaration the receit of so much as to bring it within forty shillings in this case the plaint is good But if the debt be above forty shillings as five pounds the Plaintiff cannot divide this into five severall actions to make this Court hold plea of it for in this case the Defendant may wage his Law And of Debt Detinue Trespasse and other actions personall above forty shillings the Sheriff may hold plea by force of a Writ of Justicies to him directed for that is in nature of a Commission to him and is not returnable Neither doth this Writ alter the nature of the Court for therein the Sheriff is not Judge but the Freeholders or Suitors yet all Judgments shall be pronounced by the Sheriff This Court may be kept at any place within the County at the pleasure of the Sheriff but not out of it Yet the Sheriff of Northumberland by the Statute is to keep his County Court in the Towne or Castle of Alnewicke and in no other place The Sheriff of Sussex by the Statute is to hold his County Court one time at Chester and the other time at the Burrough of Lewes and so to be kept alternis vicibus for ever And also the Sheriff of the County of Chester is to keep his County Court in the Shire Hall of the sayd County Daltons Office of Sheriffs fol. 157. 158. To this Court all persons dwelling within the County owe suit by reason of their resiance No Fine can be imposed in this Court upon any offendor because it is no Court of Record Co. 8. 41. 60. 11. 43. Fitz. 73. d. But a man may be amerced for a contempt or a disturbance of the Court in the presence of the Court. This Court will entertaine no suits for Charters of Land or for Inheritance or for Freehold of Land or any titles of Land or to make severall plaints upon one entire debt by Bond or Trespasse Vi armis or actions touching life nor actions to compell one to render an account The Office of the County Clarke THe Sheriff being elected which is done yearly in the morrow after All soules in the Exchequer Chamber by the Statutes 9. E. 2. 14 E. 3. cap. 7. And his Letters Patents do commonly beare date the sixth day of November 1 2 E. 4. e. 1. unlesse it be in cases of necessity that the Court is sorced to adjourne it Crook fol. 595. before the next County day after his election and discharge of the old Sheriff he ought to be very diligent in deputing and constituting a County Clarke such a one as is sufficient and able to keep the Court that no corrupt dealing be in it as he will answer the contrary and that he be very skilfull in entring the proceedings in it He ought to be endued with these qualities according to the description of Fleta Provideat sibi Vice com' de Clerico circumspecto fideli viro provido discreto gratioso humili pudico pacifico modesto qui in legibus consuetudinibusque provinciae officio Commit ' Cleric ' se cognoscat jura in omnibus teneri affectei quique sub-balivos in suis erroribus ambiguis sciat instruere docere c. Which is thus Paraphrased That a County Clarke ought to be endued and qualified with circumspection fidelity providence humility peace and modesty and must know himselfe or be expert in the Lawes and customes of the Countrey and to have ability to instruct or direct the Bailiffs or other Ministers in dubious things wherein they may erre He must neither be attracted by price nor lucratory corruption nor any sinister affection to wander out of the way of right Qui nec as Bracton adviseth ad dextram nec ad sinistram vel propter prosperitatem terrenam vel adversitatis metum à tramite justiciae declinet The Sheriff and not the Protector hath power to delegate this Office to whom he pleaseth as it appears in Myttons case in the fourth Reports where Queen Elizabeth by Letters Patents did grant the Office of Clarkship of the County Court of Somerset to Mytton with all Fees c. for life Arthur Hopton Esquire Sheriff of the same Shire interrupted him because it was incident to his Office Mitton complained to the Lords of the Councell and was referred to the two chiefe