THE POWER PRACTICE OF Court-Leets With the Manner of Keeping A Court of SURVEY for Mannors Lands and Tenements ALSO Certain Dubious Cases in LAW Opened and Interpreted Published for the Common good of all Both Landlords Tenants and others By Ph. Ag. of Grays Inne Esq LONDON Printed for Samuel Speed at the Rainbow in Fleetstreet 1666. These following Law-books with Variety of others are to be sold by Samuel Speed at the Rainbow in Fleet-street ACtions upon the Case for Deeds viz. Contracts Assumpsits Deceits Nusances Trover and Conversion Delivery of Goods and for other Male-feasance and Mis-feasance by W. Sheppard Esq in Folio Declarations and Pleadings contained in the eleven parts of the Reports of Sir Edward Cooke sometimes Lord chief Justice of England in Folio The Antiquity Authority Uses and Jurisdiction of the Ancient Courts of Leet or view of Frankepledge with an explication of the Oath of Allegiance and the Kings Royal Office of protection annexed by Robert Powel of New-Inne Gent. in Quarto An Abridgement in English of the Cases reported by Sir Francis More Serjeant at Law by W. Hughes of Grayes Inne Esq in Octavo A learned Treatise of Wards and Liveries by the Right Honourable and Learned Sir James Ley in Octavo The ancient and present manner of holding Parliaments in England with their Priviledges by H. Elsynge Esq sometimes Clerk to the Honourable House of Commons in Octavo The Book of Oaths and the several forms thereof both Ancient and Modern in Twelves The Compleat Lawyer Or a Treatise concerning Tenures and Estates in Lands of Inheritance for Life by Sir Will. Noy of Lincolns Inne Attorney-General to King Charles the First in Octavo The Tenants Law a Treatise very useful for Tenants and Farmers of all kinds and all other persons whatsoever by R. T. Gent. in Twelves The Antiquity Extent and Power OF Court-Leets And the form of keeping them IF Antiquity may offer it self in plea for Authority then good cause hath this Court to challenge equality if not preheminence above any in the Commonwealth of England for it was established long before the Conquest and in those days held Plea of all matters in difference either for meum and tuum the two greatest Adversaries in the world or pro placitis Coronae which intends generally the keeping of common peace and welfare in a Nation which is the crown and dignity thereof and the breach thereof is aptly called Crimen lesae Majestatis And so duely and impartially in those days were the Liberties and Laws of this Court observed that it is yet and ever wil be recorded amongst our Legenda aurea that in those days a child might travel safely in the Road with a bag of gold without danger and then the Ways were more dangerous in regard of woods being more full of Woods but I think not so well stored with Thieves as now so that we have destroyed the one and yet in too much plenty reserved the other But to avoid digressions and prolixity too we shall proceed to the formality of proceeding in a Court-Leet as now it is and by the way observe that all manner of Crimes from the highest Treason to the lowest Trespas are here enquirable though not punishable of whâ—ch in order you shall have a perfect description A Court-Leet is at most kept but twice a year in some places but once and in some lazie Lordships not at al but left as a thing obsolete and usâ—less The manner thereof is first about fourteen days before the Court is to be kept for the Bayliff to give notice thereof by vertue of a Precept to be by the Steward of the Court pro tempore existente to him directed which usually runs after this form The Summons for a Court-Leet H. ss A. B. Gent. Steward of the Mannor or Hundred or Leet aforesaid To the Bayliff thereof greeting I command you that you summon and warn all the tenants of the said Mannor as well residents as not residents and all customary tenants of the Mannor aforesaid that they be before me at H. aforesaid on Thursday the 26 day of March next coming to do their Suit unto the View of Frankpledge and all things thereunto belonging c. Dated c. Then the Steward ought to enter on the Court-Roll the Style of the Court which is usually after this manner The Entry of a Court-Leet together with a Court-Baron H. ss The view of Frank-pledge with the Court-Baron of C. L. Esq Lord of the same there held the 20 day of March c. By A. B. Steward there Then make three Proclamations when you call the Court and then a Proclamation fbr Essoins and profers of Suit and Plea which if any be enter them in the Court-Roll and afterwards proceed to impannel and swear the Jury for the Inquest Swear first the Fore-man by himself and then the rest by two or three at a time The Oath is usually the same in substance and not differing much in form from the Oath of the Fore-man to a grand Inquest in Assizes and Sessions and might be omitted but lest the young Tyroes might want it I will in insect the method thereof thus The form of the Oath to the Fore-man of an Inquest at a Court-Leet You shall diligently enquire and true-presentment make of all such matters as shall be given you in charge the councill for the Lord Protector Commonwealth King or other Title of the supream Magistrate as the Law commands your fellows and your own you shall well and truly keep you shall not conceal any thing for favour fear promise or affection nor present any thing for lucre hatred or malice but in all things you shall present the truth the whole truth and nothing but the truth according to your evidence So help you God and by the contents of this Book The Oath of the rest may follow in this manner All such Oath as A. B. your Fore-man hath taken on his part you and every of you shall well and truly take keep and perform So help you God This being done and Proclamation made for every one to keep silence and give attention the Steward is to proceed to give the Charge which is to consist of these particulars The Charge of a Court-Leet consists of two parts one is things there to be enquired of but not punishable there and the other such offences as are three presentable and punishable by Fine Amerciament c. Know then that to avoid needless circumstances we shall briefly tell you that a very proper comparison may be made between the disposure of a Commonwealth and a natural Body as between the Macrocosmus and the Microcosmus The Commonwealth is a Politick Body consisting of a head and members the one subservient to the other in his proper office as the members of the natural body are which maintains a mutual harmony and a flourishing condition in the whole But as the natural body is subject to infirmâ—ties so also is
A lease is made for life the remainder in Fee to the Wife of the deviser she surviveth and deviseth this remainder this is good An Iâ—fant makes a Lease for life the Lessee grants his estate over with Warrants the Infant at his full age bringeth a dum fuit infra aetatem against the Grantee who avoucheth his Grantor who entreth into the warranty upon whose possession the demandant releaseth in fee al his right and is barred in the action by this release and after devâ—seth his reversion this is a good device A man granâ—s his reversion in Fee and befor attornment he grants the same reversion to the Grantee for term of life onely and the Tenant attorneth generally the Grantee deviseth this reversion this is a good device A husband makes a Lease for life to the daughter and heir apparent of his wife being covert rendring rent the wife mother dieth the husband deviseth the rent this is void A man makes a lease for life reserving rent to him and his heirs the Leassor deviseth his rent this is good but if he reserve the Rent to him and to his Assigns it is not good What gift or estate or conveyance shall be said to be made by covin or fraud and what not A man holdeth Land in Soccage of a common Lord and he conveys this by fraud to defraud the Lord of his relief or herriot the Lord shall not take advantage of this covin The Tenant makes an estate in Fee upon condition and takes back an estate to him for life the remainder to his eldest son in tail and for default of such issue the remainder to the heirs of the Body of the father begotten the remainder over in Fee to the Lord of whom the Land is holden yet this is covin at the pleasure of the Lord. A man bona fide enfeoffeth two of his servants to their own use for good service done and to be done and they by covin convey divers faandulent estates to their masters which remains over c. and the master knowing of their intent rejoyneth at it yet this shall not be fraud The Tenant intending fraud enfeoffeth divers persons and putteth the Lord in trust as Attorney to make Livery and Seizin and so he doth yet the Lord shall avoid this covin The Tenant maketh a Lease for years to the Lord and after by a Fine conveyeth fraudulent Estates c. and after the Lord within the term maketh his Executor and dieth and the Execu or entreth into the term and after the lessor dieth his Heir within age and the term continueth the Heir of the Lord shall not avoid this covin What shall be said a purchase of Lands by the husband for the Joynture of the wife and what not Land is given to three men and a feme sole one of them marries with the feme she being excommunicated one of the others releaseth to the husband and wife and to the Heirs of the husband the husband dies the wife assents This is a good Purchase and yet the wife is not a Tenant for life I. S. being contracted marrieh another wife and after marrieth her with whom he was contracted he and this wife exchange land which he had in the right of his wife the husband dieth she agreeth to the exchange this is not a joyntuâ—e A windmil is leasâ—d to a woman for years who taketh a husband he granteth the term upon condition and for the condition broken enters the lessor releaseth them haeredibus suis omnibus masculis and if they die without such an Heir that this shall remain to the Heirs of the husband this is good c. 27. H. 8. cap. 10. A Reversion upon an estate for years is devised to the husband and wife in free marriage by the father of the husband the remainder to J. S. in fee Tenant for yeers surrendeth to the husband who dieth the wife enters this a good estate to the wife c. An upper chamber is granted without deed to A. for life the remainder for life the remainder to A in Fee A. grants his estate to him in remainder and his wise and to thesr Heirs and if they die without Heirs males of their bodies begotten that then this shall revert the husband dies the wife enters This is an estate to the wife c. Land is devised to J. S. for life the remainder to a husband in fraâ—k-marriage for c. I. S. and the deviser die the husband enters and dies the wife enters this is not an estate made c. Five acres of Land adjoyning to the Sea are devised to husband and wife haeredibus suis masculis for c. five other acres adjoyning thereunto the Sea forsaketh into which the husband and wife enter this is not any estate made in the five acres newly gained J. S. by indenture bargains and sells a Dove-house to husband and wife and to their heirs so long as they have issue of their bodies whereas he hath no Dove-house J. S. builded one the husband enters and Dies the wife enters this is no tail in Joynture c. The father giveth Land to the son and his wife liberis suis with warranty to the son and his Wife and to the heirs of their bodies for ten years they are impleaded within the ten years and lose and have in value the years expire the husband dies the wife enters this is not an estate in tail for joynture but for life Land is given to A. and B. and to the heirs of B. B. leaseth this to a feme sole for life the lessor grants to the said feme and J. D. common for ten year out of the said Land during their lives for the Joynture of lessee and after marrieth her A. and D. die this is an estate conveyed for life as an hereditament To grant an annuity of 10 l. joyntly and severally to J. S. in Fee who granteth it to husband and wife to the husband for the life of J. D. to the wife until one of the sons of J. S. accomplish the age of twenty one yeers the husband dieth the wife accepteth this annuity this is an estate made for the wife for a joynture c. A Lease for life is made to the husband the remainder to his wife and J. D. successive for their lives the husband felleth trees and dies the wife enters the Vendee cuts the lessor recovers in a Writ of wast and hath execution this is an eviction by lawful action and yet the wife shall not have a Writ of Dower A Lordship by fealty and rent is given to Baron and feme in tail before marrige for c. the remainder in fee a Tenancy escheateth the husband leaseth the Seignory to A. who recovereth in a Cessavit and dies his heir enters the husband dies this is an eviction by lawful action and the wife shall recover but an estate for life to the value of the Tenancy Tenant in tail of a
rent purchaseth the Land out of which c. in tail and giveth into Baron and feme for their lives for c. fifty yeers expire Tenant in tail and the husband die the wife enters the issue bringeth a Formedon of the rent recovereth and is put in execution this is an eviction and the wife shall have it to the value of the rent Land is granted to a feme covert for life for c. he in reversion grants it by Fyne the Conusee brings a scire facias the husband claims Fee and it is found against him whereby judgement is given the husband dies the wife enters the recoverer enters this is not an eviction Tenant after possibility of issue extinct the remainder for life is diseised and released to the diseisor who dies his heir gives the Land to husband and wife in tail Tenant for life bringeth a consimili casu and recovers the wife enters this is not an eviction An Infant gives a Park to a feme covert for life without impeachment of waste the remainders of them to two men and the heirs of their bodies the game is destroyed the husband dies the wife enters they bring a Writ of waste the wife pleadeth Nul waste c. whereby they recover this is a lawful eviction but she shall not have a Writ of error Land of the value of 20 l. per annum is granted to a feme for life rendring 10 l. per annum she marrieth he who hath right recovereth the Land by covin of the husband and hath Execution the husband being Tenant in Tail dies having Land to the value of 10 l. per annum the wife shall have it discharged of the rent lesse for life reversing rent the lessor diseiseth him and makes a feofment the feoffee dies his heir giveth the land to the lessor and his wife in tail for her joynture Tenant for life brings a writ of entry in the post and recovereth and hath execution the husband dies the wife shal have dower and shall recover for life the rent not recovered in value Grandfather father and son the father diseiseth the grandfather and taketh a wife the father surrendreth certain Copy-hold land to the use of himself and his wife and the heirs of the husband the father dies the son enters the grandfather dies the wife shall have this joynture or dowr but not of this land Land is given to husband and wife in tail with warranty th y lose and recover in value against him who hath nothing the husband and J. S. being joynt-Tenants agree by deed that after five yeers ended they shall hold in severalty the husband dies within the five yeers the wife hath dower assigned she shall have both Lord and Tenant the Tenant is attainted of Felony and commiteth Treason for which he is attainted the Lord enters and gives the land to the Tenant and his wife for yeers upon condition that if the Lord do not pay 20 l. to the husband and wife at a certain day that they shall have it in tail for the wives joynture and the husband dies before the day the money is not paid this is a joynture and the wife shall not have dower A. enfeoffeth J. R. and B makes livery to J. S. who taketh a wife land is given to them in special tail for the joynture of the wife they levy a fine J S. dies a praeâ—iâ—e is brought against B. he disclaims the heir of J. S. enters the wife shall not have joynture nor dower of the land but of other land she shall have dower A rent-charge issuing out of Lands in several Counties and in the hands of several persons is granted to husband for life the remainder to his wife for her life for her joynture the husband dies the Tenant accords to the wife she shall not have this joynture not dower Land is given to J. S. for life the lessor diseiseth him and giveth the land before Coverture to the wife for life for a joynture a stranger confirmeth her estate with warranty I. S. bringeth a Praecipe and recovereth the wife hath in value the husband and he in reversion make a feofment before the Statute the husband dies this is not an eviction by discontinuance of the joynture and yet she shall recover dower What is a ioynture assured before marriage and what a joynture after marriage A Lordship by fealty and Rent before marriage is granted to Baron and feme for a joynture they marry a Tenancy escheateth the husband enters and dies this is a joynture in the Tenancy assured before marriage J. S. contracts with A. and before marriage concludes with B. that he will recover the Mannor of D. and that this shall be to them in tail for a Joynture B. brings a writ of entry which is returned they marry B. recovers and enters this is a joynture after marriage I. S. leaseth to two for yeers rendring rent and grants the reversion to husband and wife for their lives for a joynture one attorneth before marriage and the other after marriage this is a good joynture before marriage I. S. enfeoffeth I. D. to the use of himself until he marry and after that he marrieth then to the use of her that shall be his wife for her for a joynture this is a joynture after marriage I. S. grants land to a feme for ten years and if he after marry her then she shall have it for her life for a joynture they marry this is a joynture before marriage I. S. in consideration of a marriage to be had betwixt him and A. S. covenanteth that he shall be seised to the use of him and the said A. for their lives they intermarry the deed is inrolled this is a joynture before marriage After affiance between I. S. and A. S. they conclude that a fyne shall be leavied of the Mannor of D for her joynture the concord is acknowledged before the chief Justice they marry and after a writ of Covenant is brought and a fyne leavied this is a joynture after marriage I. S. and A. marry before yeers of consent land is given to them for their lives at the yeers of consent they agree this is a joynture after marriage I. S. makes a deed of feoffment to A. with a letter of Attorney which feofment A. doth express to be to the use of himself and her who shal be his wife for their lives for a joynture they marry the Attorney maketh livery this is a joynture after marriage I S. diseiseth one to the use of A. and B. whom he intends shall marry for a joynture A. and B. enter and after the diseise releaseâ—h to the wife for her joynture this is a joynture after marriage Land is given to A B. and her who shall be his wife for a joynture they marry the wife enters this is a joynture in the moyety which she shall have by survivor and before marriage A. deviseth that his Executor shall give the
not yet presented and present the same and what Lands and Tenements he held of his Mannor at the time of his death and by what service and who is next Heir to the said Inheritance If it be Socage-Tenure the Lord shall have his Fealty one yeers Rent for a relief over and above his yeerly Rent I do not mean the Rent to the value or profits of the Land though many Lords of Copy-holders have much mistaken themselves of late in this case or else the Tenants do too much mistake themselves to the Tenants undoing when the fine hath been stretcht by the cloak bag-strings of the Lords conscience and for his relief the Lord may distrain immediately after the death of his Tenant You shall enquire whether any Freeholder hath aliened or sold away his Free-hold or any parcel thereof and present it for he which bought the Land before he enter ought to give notice therereof to the Lord and if he bought but a parcel the Rent ought to be apportioned accordingly between both parties according to the value of the Lands sold Fourthly Enquire whether any one man hath two several parcels of Land holden by several Titles dieth seized of the same the Lord shall have two Herriots by his death You shall also enquire whether any Copy holder dieth seized of any Lands so holden and present it Also whether any Copy-holder hath made any Lease of his Copy-hold or otherwise aliened or sold the same without surrender and present it for its a forfeiture of his Copy-hold Enquire also whether any Copy-holder hath made any surrender of his Copy-hold or any part thereof since the last Court-day or before and present it and into whose hands it was made and to whose use for at every death or other alienation the Lord is to have a Fyne were it not for this few Lords would keep any Court at all though they ought to do it to do justice to their Tenants and the party into whose hands the surrender is made ought at the next Court to present the same and to certifie the surrender into Court to the use of the alien according to the trust reposed in him on pain of forfeiture of his Copy-hold and the party that receiveth the surrender is not invested in any right in the estate by the surrender unless he be admitted Tenant in Court Enquire also if any Tenant of this Manor have given any of their Lands into Mortmayn and present it if any man give or sell any Lands to any house of Religion or to any other which be corporate by the Kings Grant or if any one make any Feofment upon trust to the use of any Religious house or to the use of any Fraternity or Corporation this is Mortmain You shall also enquire whether any Tenant for term of life or yeers or any Copy-holder of this Lordship hath made any waste or suffered any waste to be done upon their Lands and Tenements and present it Waste is when any Tenant for term of life or yeers or any Copy-holder pulleth down any house or cutteth down timber-trees or suffereth any of his Copy-hold-Tenements to decay or fall or if any of the Tenants plow up any medow ground or if they suffer any wall or pale which was covered to be uncovered by reason whereof the same wall or pale doth fall or if any Tenant dig coals chalk sand or make any Myne in his Ground it is commitment of waste But if a Tenant fell Timber to repair Houses in decay upon his Copy-hold and therewith doth repair them or therewith build a new house or any new building this is not waste But if he cut down and sell any such Timber this is waste Also Copy-holders may cut down Wood to burn upon their Tenements or to make Reparations without waste Enquire also whether any Tenant died seized of any Lands holden of this Mannor having no Heir at the time of his death his Lands shall escheat to the Lord. None shall inherit Lands in Fee-simple unless he be Heir of the whole blood and understand that a Bastard can never be Heir unto any man neither can he ever have Heir but his children of his own body lawfully begotten therefore if any Bastard die without issue or any other Tenant die seized without Heirs present it Also if any Tenant seized of any Lands or Tenements was ejected therefrom by one that had no rightful Title thereunto and after dies without Heir the Lord shall have his escheat as well if the Tenant had died seized ergo enquire thereof and present it Enquire also if any Tenant of this Mannor hath been attained for any Treason Felony or Murder for which he had judgment although he were afterward delivered or were burned in the hand the Lord hath his Lands by escheat or if any one hath abjured the Land or be outlawed for any Treason Felony or Murder present it for the Lord shall have his Land by escheat You are also to enquire if there be any rents customs or Services withdrawn from the Lordship which are due and of right ought to be done thereunto and what Rights Customes and Services they are by whom withdrawn and where the Land lies out of which they be due and who holds the same and present it Enquire also whether any Waif or Stray was or is within this Lordship and whether the Lord be answered of the same and if not present by whom they are detained and if any Herriot be conveyed away or concealed present it and by whom And here it will not be any digression to tell you what a Waif and Stray is A Waif is if a Thing being pursued or otherwise to ease himself of his burden doth leave and forsake â—is goods which he hath stollen or any part of them such Goods are called Waifs and the chief Lord shall have the Goods so waived unless the Owner of them do make fresh suit after the Thief and attach him for stealing the said Goods in such cass he shall have his Goods again though they be waived but then he must sue an appeal or else procure the Thief to be convicted at his Sute 21 H. cap. 12. An Estray is if any Beast be found in the Lordship and no man know the Owner thereof they shall be seized to the use of the King unless the Lord have them by Grant or Prescription if the Owner do not claim the same within a year and a day after the Lord hath caused Proclamation to be made in the next Markets and in the Church according to the Statute Also enquire whether any person hath made any Rescous against the Lord or his Officers within the Mannor and present it That if the Lord come to distrain for his Rent and the Tenant resist him that he cannot distrain this is a rescue or if Beasts distrained run into the house of the Owner and the Distrainer prays them to be delivered to him and the possessors will not deliver
If any persons to the number of twelve or above shall make any unlawfull assembly to break any Banks Inclosures Parks Barns Houses and such like and Proclamations be made by the Sheriff or Justice of Peace that they depart and yet if they remain together an hour after such Proclamation is made every such attempt is Felony Also every Copy-holder being a Yeoman Husbandman or Labourer of the age of 18 years and under â—o not sick not having a reasonable excuse and being required by the Justice Sheriff c. to apprehend such riotous persons as aforesaid and refuse shall forefeit his estate during life and his Lord may enter Also the Farmer being a Yeoman and refusing forfeits to his Landlord and he may enter Also it is Felony if any person without compulsion bring send or diliver any Money Ammunition or Victuals to any person assembled in such manner Also the Justice of Peace or other Officer may raise a power to suppress them And if any Officer kill any such Riotous or rebellious persons he shall go free And if any person know of any such pretended rebellion do not openly declare the same within twenty hours next after such knowledge he shall be imprisoned three months without Bayl or Mainprize and also he that hindereth Proclamation that it cannot be made commits Felony If any shall trace in the Snow kill or destroy any Hare or Leveret with dogs or otherwise he shall forfeit 6 s. 8 d. 13 H. 8. cap. 11. If any Jury sworn and charged to enquire concerning these offences do wilfully conceal the same then the Steward hath authority to impannel and charge another Jury to enquire of such concealment And if such concealment be found and presented by the said Jury then every one of the first Jury shal forfeit for every concealment of every offence 20 s. one moyety thereof to the Lord of the Leet the other moyety to any one that wil sue for the same by Action of debt Bill Plaint Suit or Information wherein no wager of Law Essoyn or Protection is to be allowed Provided the Suit be commenced within six months otherwise the offender to be discharged thereof 33 H. 6. 16. Stewards in Leets have power to enquire concerning the erecting of Cottages and maintaining of Inmates and to punish by Distress all offences comitted against the Statute touching Inmates and Cottages 31 Eliz cap. 7. Stewards in Leets have also power to enquire hear and determine all offences touching the making of Malt. 2 Ed. 6.16 Ed. 2.35 Eliz. 7 Stewards in Court-Leets shall enquire of hear and determine al offences committed within their Liberties against the Statute for the preservation of Phesants and Partridges 2â— Eliz. 6.23 Eliz 10. Neverthelesse with a salvo jure to all Corporations and Bodies Politick of all their rights and priviledges to enquire and punish any of the said offences 1 Eliz. 17. 35 Eliz. 7. Articles to be given in charge to Constables and Headboroughs at Leets and Sessions both of Cities Towns and Country Corporations most necessary for the preservation of Peace to which our present scope intends only and this Direction well followed will perfectly conduce thereunto if such a preservative for the health of men can be attained unto under Heaven Therefore I say These ensuing Articles ought specially to be enquired of returned and presented by all Constables Headboroughs Tythingmen Decimers and all sworn officers who are enjoyned by Oath to preserve the Peace in their own persons and in all others as much as in them lies then to discharge their own duties let them diligently observe and prosecute what follows viz. Inprimis They are to enquire and return al such persons as shal continue tipling or drinking in any Innes or Alehouses at any time above the space of an hour and more especially upon the Sabbath-days and such persons as they shall find drunk and also such In-keepers and Alehouse-keepers as shall entertain them 2. They are also to return the Names Sirnames Additions of Names and Qualities of all Popish Recusants as wel hous-keepers as Lodgers dwelling or residing in any of their Parishes Precincts or Liberties 3. The Names of such persons as shall profanely swear or curse with the number of their Oaths or Cursings immediately after the commi ting of such offence 4 Item Such as use victualling or selling Beer or ale without License 5. Such persons as suffer any unlawful Games in their houses backsides or Gardens and also the Names of any that shall play at any of the said Games This is a gaâ—grene and spreading leprosie in this Commonwealth a Vice abhorent to Christianity yet the mores the pitty most favoured by them that should seek to suppress it I mean in plain English the Professors of the Law insomuch that an honest cause shal never have any countenance or defence like one of these and no persons are so much vilified nay a Felon shall have more favor then a lawful Prosecutor I mean an Informer against these Caterpillers Sed tu domine usque quo But nolens volâ—ns yet I hope to see the contrary Mr. Alehouse-keeper will be the best man yet I hope to see the tide run the contrary way if men could but once learn wit enough to know That charity begins at home The Alehouse-keeper knows it very well he 'll be sure to look how the reckoning goes and wise men will keep reckoning at home and not let him keep it for them knowing that two pence a day is above fiâ—ty shillings per annum and out of two pence the Tap-merchant gets a penny Then judge what he gets by all the Flyes he catches in his Web. Certainly did people once consider this the Ale wife would have few Companions better then her self yet now she thinks the best scarce good enough for her though the Causers of it have little thanks for thâ—ir pains when she hath gotten their money it 's seldom but they have a scoff or jeer into the bargain because they should not complain of an unkind Hostess And the worst mischief of all is That men very often insnare themselves to their utter undoing by the Alehouse-keepers and his Cempurgators Evesdropping of their discourse And certainly none but fools will go to game for what is already their own nor no Christian endeavour to come by or enjoy by playing for what is anothers And because the Fort and Fountain of Gamesters is the Alehouse I made this Dâ—gression soberly to advise three sorts of men The one is in general all honest people to wish them if they be not worse then Infidels to avoid the Alehouse for under that notion I conclude the gaming house too knowing them to be inseparable companions And therefore I say again It were well if it were ordained That every Alehouskeeper should have at his door the sign of the Begger for from that spring the Alehousekeeper original comes when he first enters into his order and before he leaves
rent by the Tenant of the Land or by Rescous with force this is not a desseisin with force If the Lord improves the waste with force not leaving sufficient Common for the Commoners this is a disseisin with force within the compass of the Statute If a lessee for years with the remainder over for life be ousted with force this is not a dissesin with force by the Statute If the disseisor after he hath continued in quiet possession for three years detaineth with force this is not any detaining with force by the Statute If two joynt-joynt-Tenants are disseised with force they both together are the parties grieved by this Statute and not apart but if one of them releaseth to the other or dieth then the other by himself is a party grieved If the husband and wife seised of Lands in right of the wife are disseised with force and the husband dieth the wife shall be a party grieved by this Statute If a man be seised in right of his wife and disseissed with force and after they have issue the wife dieth the husband is aparty grieved by this Statute If a man makes a lease for life to his eldest son and is disseissed with force and dieth the Son is the party grieved Land descends to two daughters one enters and a stranger ousted her by force she may have an assize by this Statute the party grieved may have an assize of novel disseisin or an action of trespass upon the Statute reciting the Statute and shall recover treble damages Also in a Writ of Attainder brought against the Jurors if they finde for the Defendant by false Oath the party shall recover treble damages And these offences I hope all Friends to peace and truth will avoid and hereby finde directions to punish the nocent An Abstract of several penal Statutes made and enacted for the good of the Subjects but are every day shamefully broken therefore I have according to promise inserted the several penalties by them enjoyned according to the nature of the offence to terrifie Offendors for fear of the punishment though they have so many partakers that it will not restrain them and to excite others effectually to prosecute them for the love of Virtue WE will not here actum agere not use so much Tautology as to insert what we have already spoken of but onely put you in mind That we have before in the Charge of the Court-Leet sufficiently dissected the Alehouses perhaps more then my Hostes will thank me for and given a hint at the Gaming-Houses too because the Alehouses and they are inseparable Inmates yet nevertheless they are not so fully laid down as I finde the Statute mentions wherefore therewith I 'll first begin Of Gaming-houses and Players at Games No person whatsoever shall keep hold suffer or maintain in his House Yard Orchard or Backside any place of unlawful Games nor shall not permit nor suffer any persons to play at his House Yard Backside or Orchard at Tables Cards Dice Coits Loggats Clash Bowls Slide-thrift or Shovegroat called now Shuffle-board and Boards end or at any other unlawful Game invented or to be invented on pain to forfeit for every day he shall use or suffer the same 40 s. and all such persons as shall use or haunt any such place of unlawful Games or play thereat forfeits 6 s. 8. d. for every such Offence No Artificer or his Journey-man no Husband-man Apprentice Labourer Servant at Husbandry Marrriner Fisher-man Water-man or Serving-man shall play at any such unlawful Game or Games out of Christ-mas nor then out of their Master's House or presence on pain of 20 s. for every default 20 s. All which forfeitures are to be divided between the King and any person that will sue for the same in any Court of Record laying his Action in the same County where the Offence is committed and prosecuting the same within a year 33 H. 8 9. If Informers would look diligently after these offences they would do good service to the Commonwealth and save many Families Wives and Children from Destruction and Gamesteâ—s from the Gallows where they usually throw their last Cast All Licenses to keep Houses or places of unlawful Games shall be void Stat. 2 3. p. m. 9. Perjury Whosoever suborns a Witness to give false Testimony in any Court of Record forfeits 40 l. and upon conviction if he hath not wherewith to satisfie the penalty he shall suffer six mon hs imprisonment stand in the Pillory an hour and be disabled for a Witness for ever after unlesse the judgment given against him be reversed by attaint or error And he that doth wilfully forswear himself that is commit wilfull perjury shall forfeit 20 l. six months imprisonment and be dis-abled for a Witness unless the judgement be reversed and if he cannot pay the Fine he is to stand in the Pillory and have both his ears nailed Stat. 5. El. 9. By forswearing I mean giving false evidence upon Oath before a Judge of Record and this is Perjury for if a man bring an Action on the Case for scandalous words against another for saying of the Plaintiff be forswore himself it wil not bear an Action unless he say he forswore himself in a Court which is a Court of Record being called there for a Witness And here by the way I must needs memtion a Case which is odious T. S. of W. subborns H. S. his Son to give false evidence in the Court of Record holden for the Honor and Castle of Windsor in a Cause there depending between F. W. c. he had done the same before at Abingdon and hath since therewith W. F. against the same F W. upon an Indictment H. S. commits wilful Perjury at Windsor is found thereof guilty by Indictment at W. where there was no Sessions kept a long time before nor because of their kind usage to the Country since at the Seissions the business was so handled by Tom Sneaks and his Friends that it was alledged that Windsor Court was not a Court of Record and unless the Prosecutor presently prove it which they knew upon an instant he could not the Defendant should be acquitted and so he was thereupon Rare Justice But in the Court of W. it is no wonder I could name two or three more admirable Presidents between these parties and some acted in the Town-Court of Okingham inter Sims and Magick but I 'll reserve them till another time for another intended Subject The Forfeitures in Case of Perjury are to be recovered in any Court of Record by Action of Debt or Information one half to the King the other to the Prosecutor and may be laid in any County though the Offence was not committed there This Act ought to be proclaimed at every Assize and great pitty it is in my opinion that there is no greater punishment ordained for Perjury It is in al respects equivalent to murder and why should not the committers thereof receive
the same punishment as murderers convicted do or at least should do He that will forswear himself as too many now a days make no bones of it oftentimes doth and upon any spleen malice or revenge will take away the estate and life of any one Did not T. S. at Oke-ingham swear against F. W. at Abingdon that he had stollen six cocks of Hay from him worth six shillings and brough his Son and another to do the same when there was not a Hay-cock in the Ground but the said F. W. was deputed lawfully to gather Tythes which the other very wel knew and did take but two or three little Grass cocks valued at three pence which was his right yet the other endeavoured to hang him for it if his Perjury had not appeared too manifestly as well as it hath done since as I shall shortly in another intended Subject fully demonstrate and anatomize the practice in the Court of Oke-ingham besides But I 'll forbear them now because the scope of this is something else to which I 'll proceed Forestallers Regradors and Ingrossers If any Person shall buy or contract for any Merchandize Victuals or any other thing whatsoever in the way by Land or Water before it be brought unto any City Fair or Market where it ought to be sold or shall cause the same to be so brought or shall disswade the people from bringing any such commodity to any such place or being brought shall perswade them to inhance the price thereof shall be adjudged a forestaller Stat. 5. Ed. 6. 14. A Regrador is he that buys any Grain Wine Fish Butter Cheese Candles Tallow Sheep Lambs Calves Swine Pigs Geese Capons Hens Chickens Pidgeons Conies or other dead Victual whatsoever brought to a Fair or Market to be sold there and to sel the same again in the same Fair or Market or in some other Fair or Market within four miles An Ingrosser is he that gets into his hands by buying contract or promise other then by device or Grant any Corn growing in the Fields or other Grain Butter Cheese Fish or o her dead Victuals whatsoever with intent to sell it again The Offendor in any of these Cases shall forfeit for the first offence the value of the goods so bought and two months imprisonment without Bayl for the second offence the double value and six months imprisonment without Bayl and for the third shall forfeit all his goods be set on the Pillory and be imprisoned at the Kings pleasure He that buyeth Grain in any Market for change of Seed shall bring as much hither the same day and sell it according to the present price of Grain on pain to forfeit double the value of the Grain so bought He that buyes any Cattel and sells the same alive within five weeks shall forfeit the double value therof during which time he ought to keep them upon Pasture either had by grant or prescription These Offences shal be divided between the King and the prosecutor Wine without License No person whatsoever not lawfully authorized by License shall sell or utter any Wine by retail to be spent in his or their mansion-house or in any other place in their tenure by any colour craft or engine on pain of 10 l. to be divided between the King and the Prosecutor which suit shall be comenced within a year after the offence committed Stat 7. E. 6. 5 Understand no colour craft nor engine shall evade the penalty of this Statute it is not the pretence of the keeping a free Vintner as they call it nor taking their Wine of a Vintner or other such pretences may serve their turn Of importing Silk or Ribbands c. None shall bring or cause to be brought into England any Silk wrought by it self or other stuff out of England in Riband Laces Girdles Corses Cawls Tissues or points on pain to forfeit the same or the value thereof to be divided between the King and any one that shall seize or sue for the same Stat. 19. H. 7. 21. A general complaint is now made by most nay all Tradesmen that work in Silk of the great damage to the English Manufacture in Silk by reason of the Ribands and wrought Silk brough into this Nation by the French and Dutch and those Forrain Nations to the great hindrance and decay of our English Trade for prevention of which I have the rather quoted this Statute to discover a remedy for my grieved Country-men in this behalf by which they may wright themselves if they look after it Wood. There are such wastes and devastations of Wood and Timber and the growth thereof in this Nation as predicates a sad event and inevitable calamity ensuing if it be not timely prevented though I am half afraid it is too late already but hope better and do hereby invite all lovers of their countries good effectually to put in practice all such Laws and Statutes as are ordained for the preservation of Wood and Timber as here they follow Statute 35 H. 8 17. There shall be left unfelled in every acre of Copice or Under wood which shall be felled at twenty four yeers growths or under twelve Standils of Oak or if there be not so many Oaks the number shall be made up of Elm Ash Asp or Beech which Standils shall not be felled until they bear ten inches square within thre foot of the ground on pain that the owner of the Wood shall forfeit for every Standil nor so left 3 s. 4 d and for every Standil left and afterwards cut down before he come to that bigness as aforesaid 3 s. 4 d. the forfeitures to be divided between the King and the Prosecutor None shall convert into tillage or pasture any Underwood or Copice containing two acres or above and being two furlongs distant from the house of the Owner thereof or from the house whereunto such wood doth belong on pain to forfeit 40 s for every acre so converted it were well if this were carefully looked after But the owner of any such Copice or Under wood may fell Standils for his own use for building or repairing c. notwithstanding this Act. The Lord of the Soyl shal not fell or cut down any Wood or Copice wherein others have Common except it be to his own use before he and the Commoners shall agree in the setting out a fourth part thereof to be imployed to the use of the Lord and in case they cannot agree thereupon two Justices of Peace appointed by the Sessions shall have power to call before them twelve of the Commoners and Inhabitants and with the consent of the Lord and them shall set out a fourth part thereof to be inclosed by the Lord within one month after and then to be felled at his pleasure being subject to the same Laws and penalties upon breach thereof as other Copices before mentioned are and if any Beast be suffered to come into such fourth part within seven yeers after it