facias is onely against the goods as Leases for years or moveable goods as Corn Houshold stuffe Cattle Apparrel Money Plate c. and it ought to be sued out within the year after the Judgement Co. 3. 13. After a Fi. fa. a man may have an Elegit but on the contrary after the Elegit he cannot have a Fi. fa. because the Elegit is of a higher nature then the Fieri facias An Elegit is a Writ whereby the Plaintiff is to have Execution of the half of all the Defendants lands and chattels except Oxen and beasts of the Plough till the debt and damages be wholly levied and paid to him and during the term he is tenant by Elegit Terms of the Law The Proceedings upon the Writ of False Judgement YOu must call of the County Clerk for a return of the Writ together with the whole Record of all the proceedings from the original and beginning of the cause in the County Court The Writ being returned you must assign Errors and take Copies thereof and thereupon sue forth a Scire facias to the Plaintiff in the Action to hear Errors To which the Plaintiff may appear and plead the common plea which is that The action nor proceedings in the County Court are in nothing erroneous Then must the Desendant endeavor to get a Rule or day given for the arguing of the same Errors But if the Defendant doth delay and doth not call for a return of the writ nor proceed then the Plaintiff may sue forth another Scire facias against the Defendant to shew cause why he should not have Execution upon the Judgement had in the County Court And if at the Return of the second Scire Facias Errors be not assigned then Judgment is confirmed in that Court into which the Writ is returnable If Errors be found and allowed to be sufficient and good then is the said Judgment to be reversed and made void But if Errors be not found good then is the Judgment in the County Court affirmed and further costs for delay of Execution allowed to the Plaintiff who may presently sue forth Execution out of that Court into which the Writ was returned against the Defendant Note that if the Judgment be reversed and made void yet notwithstanding it takes not away the Plaintiffs cause of action for he may commence a new action against the Desendant for the same cause The same proceedings are upon an Accedeas ad Curiam See the Record upon it The manner and form of drawing up Records upon a Writ of False Judgment and Accedeas ad Curiam THe Sheriff is commanded that if A. B. shall secure the same Sheriff to prosecute his plaint then in his full County he cause to be recorded the plaint which was in the same County by writ of his Highnesse the Lord Protector c. between W. B. and the same A. B. in a certain Trespasse upon the case to the same W. B. by the same A. B. done c. And whereupon the same A. B. did complain that False Judgment was done to him in the same County and that he should have here at this day that is to say Octab. pur under his Seal and by four lawfull Knights of the same County who should be present at the Record and that he should have here the Summoners the names of the four Knights this Writ and another Writ And now here at this day came aswell the same A. B. by Simon Dunn his Attorney as the said W. B. summoned c. by Phit Prince his Attorney And the Sheriff to wit Geo. Mar. Esquire now returneth that the same A. B. had found to the same Sheriff Pledges to prosecute his said Writ to wit Iohn Doo and Ric Roo And that he by vertue of that Writ to him directed at his County held at the Castle of York in the County asoresaid the 10. day of May in the year of our Lord 1657. made the same plaint to be recorded which was in the same County between the same A. B. and W. B. and the Record of the same plaint before the Justices here at this day under his seal and the seals of H. M. and four lawfull Knights of the same County hath ready of those who were present at the Record And that he summoned the same W. B. that he should be here at this day to hear the Record by R. S. and F. L. as by the same Writ to him it was commanded c. which said Record followeth in these words OLIVER Lord Protector c. To the Sheriff of York greeting W. B. hath requested that A. B. of C. in your County husbandman although the same W. B. be our true and faithfull subject and as our true and faithfull subject from the time of his nativity hitherto hath carried and behaved himselfe and of good name and same among many of our saithfull subjects was noted called and reputed notwithstanding the same A. B. not ignorant of the premisses the same W. B. unjustly to vex and him of his goods name fame and opinion whereof from his nativity to deprive conspurgate And the same W. B. into perturbation vexation and infamy amongst his neighbours and many other saithfull subjects and people of this Commonwealth to induce plain salse and scandalous words of the same W. B. at C. in the presence of many faithfull subjects and people of this Commonwealth said published and pronounced in these English words following to wit W. B. the same W. B. meaning hath stoln my horse By speaking publishing and pronouncing which same words the same W. B. not only in his good name and same is hurt but also in his doings and businesses with honest persons with whom the same W. B. in buying selling and lawfull bargaining before used is much prejudiced and made worse to the no little damage and losse of the same W. B. c. And therefore we command you that you hear the said Plaint and afterwards cause the same to be with-drawn that we hear no more clamour thereof for defect of Justice Witnesse c. Pleas held at the Castle of York in the County of York upon Monday the second day of June in the year of our Lord 1657. AT this Court W. B. complaineth of A. B. in a plea of Trespasse upon the case W. B. by P. P. his Attorney complaineth of A. B. in a plea of Trespasse upon the case for that to wit that whereas the same W. B. is a good true and faithfull subject of this Common-wealth of England from the time of his nativity hitherto hath carried and behaved himself and of good name same credit and reputation honestly with good and grave men as well his neighbours as other saithfull subjects of the said Cōmonwealth was had noted called and reputed without any falshood thest perjury selony deceit or stain of any other fault or hurtfull crime unspotted and untouched by the whole time aforesaid carried
and grant to and with the said E. F. his Executors Administrators and every of them that if the said A. B. his Heirs Executors Administrators and Assignes shall or may be relieved saved harmlesse or indempnified for and concerning the fore-recited covenants and agreements by the sayd C. D. his Executors and Assigns and his sureties that then he the said A. B. his Executors Administrators or Assignes shall or will not take any benefit or advantage of the said covenants and agreements against the said E. F. his Heirs Executors Administrators or Assignes or any his sureties or any of them In witnesse whereof c. Or Thus. THIS INDENTURE made c. in the year c. Betweene A. B. of R. in the County of Yorke Esq now high Sheriffe of the said County of the one part and C. D. of c. in the said County Gentleman of the other part Whereas his Highnesse RICHARD Lord Protector of the Common wealth of England Scotland Ireland and the Dominions and Territories thereunto belonging By his Highnesse Letters Patents under the Great Seale of ENGLAND bearing date the seventeenth day of this instant November have made nominated constituted assigned and appointed the said A. B to be High Sheriffe of the said County of YORKE during his pleasure Now this Indenture witnesseth That the said A. B. for the good opinion which he hath conceived of the said C. D. and of the trust and confidence which hee reposeth in him hath deputed assigned constituted and ordained and by these presents doth depute assigne constitute and ordaine him the said C. D. to be his Under-sheriff of for and in the said County of Yorke during all the time that he the said A. B. shall be and remaine Sheriffe of the said County by force of the Letters Patents aforesaid and doth hereby authorize the said C D. to serve exercise and execute the said Office of Under-sheriffe of the said County under him the said A. B. in his name during all the time aforesaid And the said A. B as farre as in him lyes doth also by these presents grant unto the said C. D. that it shall and may be lawfull to and for the said C. D. by force hereof to appeare answer and serve and minister as Under-sheriffe of the said County of York for and in the name of the said A. B. as well in all places of the said County of York as in all and every the Court and Courts within the Common-wealth of England and before all and every the Justices of Oyer and Terminer Justices of Assize and Goal-delivery Justices of the Peace Coroners and Escheators and other Officers and Commissioners of this Common-wealth where the said A. B. by vertue of the said Office of Sheriff-wicke for the said County of YORKE shall be bound or ought to appeare answer serve or be attendant and to breake open answer returne and execute for him the said A. B. in his name all Processe VVrits Precepts VVarrants Mandates and Commandements to the Sheriffe of the said County directed or hereafter to be directed out of any the Courts aforesaid or from any the Justices Coroners or Escheators aforesaid and to doe performe and execute for him the said A. B. and in his name all and every thing and things which by him the said A. B. by vertue of his Office of Sheriff-wicke of the said County of YORKE is to be performed executed and done saving alwayes and excepting the said C. D. shall not by vertue thereof be authorized to open returne send or execute any VVrit or VVrits for electing any Knights of the Shire or Burgesse of Parliament for the said County of YORKE or any Burrough within the said County nor open execute or answer any the Letters of his Highnesse the LORD PROTECTOR or the Councell to bee directed unto the said Sheriffe of the said County of YORKE without the speciall warrant direction or Commandement of him the said A. B. for that purpose And further the said A. B. doth by these presents grant unto the said C. D. for the executing of the said Office all the Fees Duties and Profits to him due arising and growing by the County Courts to be kept within the said County of YORKE and all other fees rewards duties allowances and profits incident to the office of Sheriffe-wicke or thereunto belonging for which the said A. B. is or shall be allowed by the Common Lawes of this Nation or customes of the said County either for the opening returning or executing of any VVrit Precept or Processe Warrant or Commandement whatsoever or for other executing of the said office and which have not beene accepted heretofore the ordinary Fees of any other his Bayliffs or other Officers to have and enjoy the said duties fees rewards allowances and other profits to his owne use without an accompt to be rendered to the said A. B. his Executors or Administrators for the same And the said C. D. for and in consideration of the benevolence aforesaid and for the free gift and grant of the said A. B. doth for himself his Heirs Executors Administrators and Assignes and every of them covenant promise grant and agree to and with the said A. B. his Heirs Executors and Administrators and Assignes by these presents that he the said C. D. shall and will at all times from and after the day of the date of these presents duely diligently lawfully and carefully serve the said A. B. as his Deputy and Under-sheriffe of in and for the said County of YORKE without doing or committing any kinde of extortion or wilfull mis-behaving of himself in the said office and shall and will duely and respectively execute the said office of Sheriff-wicke under the name of the said A. B. in all points so farre forth as these presents the LAWES of the LAND or other Licence or Commandement of the said A. B. shall warrant or give liberty and shall and will in the name of the said A. B. and as his Deputy in the said office of under-Sheriff of the said County of Y. be answerable attendant and minister in all Courts of his Highnesse the Lord Protector by and before the said Justices of Assize Justices of the Peace and all Commissioners Escheators Coroners and other Officers of his Highnesse the Lord Protector before whom the said A. B. shall be bound or required to Minister answer or be attendant in respect of the said office of Sheriffwick for the said County and shall and will execute and make answer true and sufficient return of all such processe writs precepts and commandments directed from his said Highness or from every or any of the said Courts Justices Commissioners Escheators and other Officers aforesaid as shall be delivered to or come to the hands of him the said C. D. his Deputie or Deputies Assignee or Assignes or shall and will discharge and save harmlesse the said A. B. his heires Executors and Administrators and his
de officio Coronat de pace plagis And Britton in his first Chapter where he treats of it at large and Fleta E. 1. cap. 18. But more amply in Stamfords Pleas of the Crowne lib. 1. cap. 51. It is amply expressed in F N B. fol. 186. That the Coroner shall carry the Records of his own view abjurations outlawries appeales accusations of Thefts done before him and of all other things done in the County that is certaine to the Coroners office and also in the Court of Freemen which have Franchises of infangtheft c. And in the presence of the Coroner shall all appeales of Robbery and Larceny be framed Now as to the view of the body of a man it is his office that so soon as he shall be certified thereof to send to the Constable of the Hundred of the place to summon sufficient and able men of the towns adjacent that at a day certaine they be before him at such a place all which done the body is to be viewed and if it be buried it is to be taken up and he is to record the names of those who buried him and if it hath been decreased or endamaged by ill keeping or laine so long that it cannot be judged how it came by its death the same must also be recorded that this negligence may be punished at the coming of the Justices of Assize into the Circuit for the Towne where the amerciament was shall be grievously amercied upon sight of the Coroners rolls He ought to do his office in person and to see the dead body when he maketh inquisition otherwise the inquiry is invalid for if he will inquire of any dead person without view this is without authority and void If the Coroner be remisse and negligent in coming to execute his office after he is sent unto he shall be amerced But to proceed if the Coroner with the advice of the people present be able to judge of the death then are they to present the manner of his killing whether he died of anothers felony or of his own or by mischance and if of blows whether of a staff or a stone or any other weapon and he is to record in his rolls the names of those who were summoned and appeared not that the same offences of disobedience remain not unpunished whereby the Coroner could not at that time proceed for want of Jurors Therefore we will inquire what persons may be of the Enquest What persons are to be of the Coroners Inquest and how to be qualified THe Inquisition before Coroners is to be of persons within the four next adjacent Villages to be made by the Bailif or Constables of those Villages as appeareth by the Stat. of 4 E. 1. de officio Coronatoris Crompton fol. 113. In these Enquests lye no exceptions or challenges to the persons of the Jurors but he ought to make his pannels of the discretest of the ablest and best of them The names of the Jurors ought to be certified for peradventure they be not probi legales homines but Villains and Outlawes 15 H. 4. 41. for note that an Indictment before Coroners was found that the Earle of B. was felo de se was quashed because it did not appear that it was per sacramentum proborum legalium hominum Pophams rep fol. 202. Harrison against Errington And likewise in Hillary termo 2. Car. B. R. Pophams rep fol. 209. 210. a great multitude of Welshmen were indicted for the death of a man by an Inquisition taken before the Coroner in the County of Montgomery in Wales and exceptions were taken to the Inquisition as first that the Coroner cannot take any Inquisition unlesse it be super visum corporis and to this was cited Britton 6. R. 2. Coron 107. 21 E. 4. 70. 2. R. 3. 2. This is also the reason that if a man drown himselfe and cannot be found the Coroner cannot inquire of the death of this man but for the King or Protector to have a forfeiture of his goods an Inquisition ought to be taken before the Justices of the Peace The second exception was that the Inquisition was per sacramentum proborum legalium hominum Com. praedict whereas by the Statute of 4 E. 1. this enquest ought to be by men of the four next Towns adjoyning and this ought to appear in the Indictment also Hill 10. Jac. Rot. 3. Co. Lib. Intr. 354. and in Pasc 3. Car. This Indictment was quashed for these exceptions The empannelling of the enquest and the view of the body and the giving of the verdict is commonly in the Street in an open place and in corona populi but this name rather cometh because the death of every Subject by violence is accounted to touch the crown of the Prince and to be a detriment unto it The Prince accounting that his strength power and crowne doth consist in the force of his people and the maintenance of them in security and tranquillity The method of keeping the Coroners Court THe Coroners Court is a Court of Record and holden after this manner When a Coroner cometh to view a party that hath hanged killed or drowned himselfe or that hath come to his death by any other accident he must make out his warrant to impannel a Jury to the Bailiffe in whose Liberty the party lyeth dead to appeare before him at such a day and place as he shall mominate and appoint The forme of the Warrant is thus To the Bayliffe and also to the Constable and Tithing-men of the Hundred of R. in this behalfe joyntly and severally greeting BY vertue of mine office these are in the name of Richard Lord Protector of the Common-wealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging to will and require you immediatly upon the receipt and sight hereof to summon and warn twenty foure able and sufficient men to be and appear before me at Skipton the 21. day of November next ensuing the date hereof at the common Tolbooth of the said Towne then and there to do execute such things as on his Highnesse behalfe shall be given them in charge whereof faile you not as you and every of you will answer the contrary at your perils Dated under my hand and seale the 12. day of September in the yeare of our Lord 1158. By me W. G. one of the Coroners of his Highnesse the Lord Protector If it be in a City or Corporation then the form of the warrant or precept is thus To the Sheriffe of the City of York and to the Serjeants at Mace attending the said Sheriffs THese are to will and require you and in the name of his Highnesse the Lord Protector of c. straitly to charge and command you that you cause to come before me one of the Coroners of the City of York and County of the same City at the house of T. P. in
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
day of June in the year of our Lord 1656. By the Sheriff If the Defendant do not appear the next Court after the Distringas executed then farther Processe issueth against him viz. a Duces tecum to cause him to appear If not upon the first Duces tecum he appear you may have an Alias Duces tecum and a Plures Duces tecum ad infinitum untill he appear and no other remedy here The form is thus Duces tecum Y. ss I. B. Esq Sheriff c. to all c. greeting I command you and every one of you joyntly and severally that you bring with you and have at the Castle of Y. at my next County Court all those goods and Chattels of R. B. which late by vertue of another Precept of mine to you first directed you distrained at the Suit of S. D. and that you farther distrain the said R. B. by his other Goods and Chattels in the said County so that he be at the Castle of Y. at my next County Court to be holden on Munday the c to answer to the said S. D. in a Plea of debt And have you then and there this Precept Given under the Seal of my office the twentieth day of July in the year c. If you have your Distringas or Duces tecum speciall Then the form is thus Speciall Y. ss I. B. Esq Sheriff of the County aforesaid to all my Bayliffs and their Deputies in and through the County aforesaid more especially to R. S. and T. W. my Bayliffs in this behalf specially deputed greeting c. Â then proceed as in the former Of the Writ of Justices THis Writ issueth out of the Chancery directed to the Sheriff giving him power to hold Plea in this Court in Actions for forty shillings or above and though it be directed to the Sheriff yet are the Suitors Judges It is called a Justices because it is a Commission and no originall to the Sheriff to do a man Justice and Right and though it be quod Justices B. yet the Sheriff is not Judge therein but the Suitors and a Writ of false Judgment lyeth upon their erroneous Judgment and it requires no return unlesse the Action be removed by a Writ of Recordare and then the Writ must be returned together with the Record The form of the Precept upon the Writ is as followeth Yo. ss G. M. Esq Sheriff of the said County to all and singular my Bayliffs within the said County and to their Deputies greeting By vertue of a Writ of Justicies of Oliver Lord Protector c. to me directed I command you and every one of you joyntly and severally that you or some of you do Justice to I. C. so that he be and appear at my next County Court to be holden at the Castle of Y. on Munday c. to answer unto E. L. in an Action of debt and that you or some of you certifie your doings herein Sealed with the Seal of my office the two and twentieth day of August in the year of our Lord 1657. By the Sheriff A Replevin IF any goods be taken wrongfully as before I have more at large declared then the party grieved may have a Replevin which must be made after this manner Yo. ss G. M. Esq Sheriff c. to all and every my Bayliffs c. greeting Because G. A. hath comed before me and given sufficient security to prosecute his Suit and make return of his goods if return thereof shall be adjudged Therefore by vertue of my Office I command you and every of you that you or some of you Replevie deliver to the aforesaid G. A. two kine which H. H. hath taken and unjustly detained against the said G. A. and his Pledges and also that you summon and take safe Pledges of the said H. H. so that he be and appear at the Castle of Y. at the next County Court there to be holden upon Munday c. to answer the aforesaid G. A. in an Action for the taking and unjust detaining of his said goods and that you or some of you then and there make return of your doings together with this Precept Given under the Seal of my Office c. And if the Cattell be not delivered by vertue of the said Replevin then the Plaintiff may have an Alias Replevin with these words vel causam mihi signifie with which Replevin must be made after this manner Yo. ss Alias Replevin G. M. Esq c. to all and singular my Bayliffs c. greeting Because G. A. hath comed before me and given sufficient security to prosecute his Suit and make return of his goods if return thereof shall be adjudged Therefore by vertue of my Office I command you and every of you as formerly I have commanded you that you or some of you Replevie and deliver to the said G. A. two Kine without delay you cause to be replevied or the cause to me you signifie wherefore my Mandates to you therefore directed execute you would not or might not which H. H. hath taken and unjustly detained c. as before in the other Replevin And if the Cattell be not delivered upon this Replevin nor shew sufficient cause why he did not then the Party may have a Plures Replevin vel causam mihi signific which must be made verbatim as the Alias Replevin was made and if return be made upon any of these Replevins quod averia elongat sunt ad loca sibi ignot ita quod averia ill ' praef G. A. non potuit deliberar then the Plaintiff may have a Withernam which must be made in this manner Yo. ss Withernam G. M. Esq c. to all c. greeting Because G. A. hath com'd before me c. as in the former I command you and every of you as diverse times I have commanded you that you or some of you replevie and deliver to the said G. A. two Kine which H. H. hath taken and unjustly detained and doth unjustly detain as it is said and that you upon diverse of my Precepts for Replevie to be made to you directed we have certified that the same two Kine elongated are to places unknown so that view of the same have you could not therefore I charge and also command that you take in Withernam Chattells to the value of the said two Kine of the Chattels of the said H. H. to be delivered to the said G. A. for the two Kine aforesaid elongated and also that you summon and take safe Pledges of the said H. H. so that he be and appear c. as before in the Replevin Yo. ss Alias capias in Withernam G. M. Esq c. to all c. greeting Because you have at my County Court held at the Castle of Y. on Munday c. the year c. to me returned that by vertue of my Warrant to you many times directed you came to the Pound of H. H. to the place where the
two Kine aforesaid impounded and detained were by the said H. H. and these two Kine going and elongated were before your coming out of the Pound aforesaid to places to you unknown by the aforesaid H. H. for which the two Kine aforesaid Replevie you could not wherefore it is considered by the Court willing to meet with the malice of him the said H. H. that the Beasts of the said H. H. be taken in Withernam to the value c. and these to the aforesaid G. A. be delivered safely and surely to be kept untill to the same G. A. his Beasts aforesaid according to Law you can Replevy and according to the tenure of my Mandate aforesaid Therefore you and every of you joyntly and severally I command that you take or c. the Beasts of the aforesaid H. H. to the value c. in Withernam and these to the aforesaid G. A. to be delivered you cause or c. safely and securely to be kept untill c. and distrain you or c. the aforesaid H. H. so that he be at the Castle of Y. at the next County Court to be held on c. to answer the aforesaid G A. in the Plea aforesaid and the answer of my Precept known make you c. at the next Court Given under the Seal of my Office such day and year c. Note that when a Replevin is granted there must be a Bond taken of him to whom it is granted or of some other for him with one or two sureties to appear at the next Court and to prosecute his Suit with effect or else it may be prejudiciall both to the Grantor of the Replevin and to the Executioner thereof and the form of that Bond and Condition thereof is this An Obligation upon a Replevin Know all men by these presents that we G. A. of Skipton in Craven in the County of Y. Gent. and I. B. of the same Town and County Yeomen are held and firmly obliged to G. M. Esq Sheriff of the County aforesaid in the summe of 100 l. of lawfull mony of England to be paid to the said G. M. or his certain Attorney his Executors or Assigns to which payment well and truly to be made we bind us our heirs Executors and Administrators firmly by these presents with our Seals sealed Dated the tenth day of July in the year of our Lord 1656. The Condition of this Obligation is such That if G. A. do appear at my next County Court to be holden for the County of Y. at the Castle of Y. on Munday the c. next and do prosecute there with effect his Suit which he hath commenced against H. H. for the taking and unjust detaining of two kine of the goods of him the said G. A. and to make return of the goods if return of the same shall be adjudged That then this present Obligation shall be void and of none effect c. Or thus The Condition c. that whereas G. A. hath obtained from the above named Sheriff a Replevin for the delivering of two kine and other goods distrained and detained by H. H. and others if therefore the said G. A. do prosecute his Suit upon the said Replevin with effect and do make return of the goods if return thereof shall be adjudged and also to save and keep harmlesse the said Sheriff by reason of the said Replevin to him granted as aforesaid That then this present Obligation to be void c. A Tolt TOlt comes from the Latine word tollo viz. to take away It is a Precept by which a cause depending in a Weapentake or Hundred Court or other inferiour Court Baron may be from thence removed into this Court The form is this Yo. ss I. B. Esq Sheriff of the County aforesaid to the Stewards and also to the Bayliff of the Hundred of H greeting Whereas I am informed that you are favorable and not equall in a certain Plaint depending before you in your Court between W. A. Plaintiff and R. M. Defendant therefore on the behalf of his Highnesse the Lord Protector and by vertue of my office I command you and either of you that you take the Plaint so depending before you in your Court between the said parties so that I may have the same at my next County Court to be held at the Castle of Y. on Munday c. next in the same state and Condition as it is now depending before you and that you give notice to the said parties of the same day that they may be there ready to prosecute the said Plaint as to Justice and Right shall appertain and that in further prosecution of the said Plaint in your Court you altogether supersede and no further proceed therein and this c. given under the Seal of my Office the c. The return Hundred of H. ss At the Court Baron holden at W. within the Hundred of H. aforesaid upon Wednesday the last day of Iuly the year c. in the time of I. B. Esq Sheriff of the County aforesaid The Plaint W. A. Plaintiff complains of R. M. Defendant in a Plea of debt damages twenty shillings By vertue of this Precept to us directed to be recorded and taken we have caused the Plaint depending before us in our Court betwixt the parties above named and in the same state and condition as it is now depending and to the same parties we have prefixed and given notice that they be at the County Court within written at the day and place within mentioned to prosecute the said Plaint as to Justice and Right shall appertain and as this Precept exacts and requires In testimony whereof we have hereunto set our Hands and Seals c. I. S. Steward T. L. Bayliff Judiciall Processe JUdiciall Processe issue out after Judgment either by default or Nihil dicit against the Defendant or Non-suit against the Plaintiff The form of Judiciall Processe or a Fieri facias is this Y. ss I. B. Esq Sheriff c. to all and singular my Bayliffs c. greeting I command you and every one of you joyntly and severally that of the Goods and Chattels of T. B. you or some of you cause to be made as well a certain debt of thirty shillings which H. S. in my County Court hath recovered against him as also 13 s. and 10 d. which to the said H. S. in the same Court were adjudged for his costs and charges about his Suit in this behalf expended and have you the mony at the Castle of Y. at my next County Court there to be holden upon Munday c. to render to the said H. S. of the debt and damages aforesaid whereof he is convict And this given under the Seal of my Office c. I. B. Esq Sheriff c. to all and singular my Bayliffs c. greeting I command you and every of you joyntly and severally that you or some of you levy of the goods and
chattels which late were W. W. deceased at the time of his death and now remaining in the hands of I. W. Executor of the Testament of the said W. W. and not administred of as well a certain debt of 40 l. which T. L. in my County Court by vertue of a Writ of Justicies recovered against him as also 20 s. which to the said T. L. in the same Court was adjudged for his costs and damages which he sustained by reason of the detaining of the said debt If the said I. W. Executor of the Testament of the said W. W. have so much goods or chattels in his hand which were the said W. W. at the time of his death sufficient to satisfie the debt and damages aforesaid If he have not so much goods or chattels in his hands which were the said W. W. at the time of his death sufficient to satisfie the said T. L. of the debt and damages aforesaid That then you or some of you levy of the proper goods and chattels of the said I. W. the damages and costs aforesaid so that I may have the said mony at my next County Court to be holden at the Castle of Y. c. to render to the said T. L. the debt and damages aforesaid whereof he is convict And this given under the Seal of my Office the c. I. B. Esq c. to all and singular my Bayliffs c. greeting I command you and every of you that of the goods and chattels of T. O. you levy 20 s. which S. D. in the County Court according to a Statute provided in that case were adjudged for his costs and damages which he sustained in his own defence in a certain Plea of debt which the said S. D. against the said T O. of late brought because the said T. O. did not prosecute his Suit but was thereupon non-suited and convicted so that I may have the mony at my next County Court at the Castle of Y. holden on Munday c. next to satisfie the aforesaid S. D. of his costs and damages aforesaid And this c. Given under the Seal of my Office the c. I. B. Esq c. to all c. greeting I command you that of the goods and chattels of T. C. you levy 40 s. which to P. P. in my County Court were adjudged for his damages which he sustained in his own defence in a Plea of debt by the said W. against him the said P. P. lately brought whereof the said P. P. was quieted and by Verdict of his Country whereof the said T. C. was convict have you the mony at my next County Court to be holden at the Castle of Y. on Munday c. to satisfie the said P. P. of his damages aforesaid And this c. given under the seal of my office c. I. B. Esq c. to all c. greeting I command you and every of you joyntly and severally that of the goods and chattels which late were of E. S. Esq who dyed intestate as it is said and now in the hands of R. M. Gent. and A. his wife Administratrix of the goods and chattels which were the said E. S. at the time of his death remaining to be administred you cause to be made as well a certain debt of 4 l. which I. W. hath recovered against the said E. S. in my County Court as 30 s. which to him the said I. W. in my same Court were adjudged for his costs and damages which he had by occasion of detaining of the same debt by vertue of a Writ of Justices so that I may have the said mony at my next County Court to be holden at the Castle of Y. c. to render the aforesaid I. W. of the debt and damages aforesaid whereof the aforesaid E. S. was convict And whereupon it was considered in my same Court that the aforesaid I. W. should have Execution against the aforesaid R. M. c. of the debt and damages aforesaid of the goods and chattels aforesaid by his the said R. M. his default And this given under the seal of my office the c. I. B. Esq c. to all singular my Bayliffs c. greeting I command you and every one of you joyntly and severally especiall to F. P. Bayliff of the Liberty of S. and his Deputies who hath the goods taken upon an Execution issuing out of this Court that those twenty weather Sheep of which each you cause to be apprised at eight shillings of the goods of I. C. Esq which you took and remain in your hands unsold for want of buyers as you your self returned to my Court you expose to sale and the mony thereof which in the whole amounts to eight pounds you have at my next County Court at the Castle of Y. holden on Munday the tenth day of May next to render to W. G. which to him the said W. G. in my Court were adjudged for his damages which he had by occasion of a certain Trespasse to him committed by the aforesaid I. C brought whereof he is convict And this given under the Seal of my Office the 18 day of October in the year of our Lord 1657. By the Sheriff Of a Scire Facias IF a Fieri facias do not issue out within a year and a day after Judgment entered it cannot be had till there be a Scire facias first sued out to summon the Defendant to shew cause why Execution should not be done and if now he neglect to answer or cannot be found to be summoned then a second Judgment shall be given that that Execution be done of the first Judgment If Judgment be given against a Testator albeit it be within a year after Judgment had yet there must first issue out a Scire facias against the Executor or Administrator before Execution to shew cause why it should not be had Or if a man recover against a Feme-sole and she become covert viz. take a Husband within the year and the day then he that shall recover must have a Scire facias against the Husband Scire facias post diem annum I. B. Esq Sheriff c. greeting Whereas W. F. of late in the Court of the aforesaid County by Judgment in the said Court of the County aforesaid held at the Castle of X on Munday the tenth day of February 1654. before the Suitors of the said Court recovered against G. L. as well a certain debt of thirty two shillings which the said W. F. in the same Court recovered against him as thirteen shillings and ten pence which to the said W. F. in the same Court were adjudged for his damages which he sustained by the occasion of the detaining of the debt of which he is convicted for as by the proceedings from thence in the same Court residing notwithstanding the manifest Execution of the aforesaid Judgment remains to be done as by
insinuation the aforesaid W. F. hath recovered And because that I will that those things which were in the said Court be rightly done to demand due of the said Iudgment Therefore I command you that by honest and lawfull men of my Bayliwick you give notice to the aforesaid G. L. that he be at the Castle of Y. at my next County Court there to be holden upon Munday the third day of May next to shew if he have any thing to say or no why the said W. F. ought not to have his Levy or Execution against him according to the force form and effect of the said Recovery if it seem expedient to him and have you then and there the names of them by whom you give him notice and have this Precept c. Given under the Seal of my Office the fourth day of Aprill in the year of our Lord 1656. Scire facias against an Executor after Judgment against the Testator I. B. Esq Sheriff c. greeting Whereas N. N. late in the County Court of the said County held at the Castle of Y. on Munday c. before the then Sheriff of the said County by Iudgment of the said Court had recovered against H. N. as well a debt of forty pounds as two and twenty shillings and two pence costs for his damages which he sustained by reason of the detaining of the said debt whereof he is convict as appears by the Proceedings remaining in the said Court And whereas the Execution of the Judgment yet remaineth to be done and the said H. N. since the giving of the Judgment aforesaid is dead as by the intimation of the said N. N. I am informed And because I am willing that those things which are rightly done in the said Court should be duly put in Execution I command you that by honest and lawfull men of the said County you make it known to F. N. Executrix of the Testament of the said H. N. that she be at the next County Court to be holden for the said County at the Castle of Y. on Munday c. to shew if she have any thing or know what to say why the said N. N. ought not to have his Execution against her of the debt and damages aforesaid to be levied of the Goods and Chattels which were of the said H. N. at the time of his death and further to do and recieve c. Given under the Seal of my Office c. Scire facias after marriage I B. Esq Sheriff c. greeting Whereas A. B. late in my County Court held at the Castle c. before the Suitors of the said Court had recovered against C. D. as well a certain debt of forty pounds as forty shillings which to the said A. B. in the said Court were adjudged for the costs and damages which she had by occasion of the detaining of the debt whereof he is convicted as by the Proceedings thereof in the same Court before the said Suitors remaining manifestly appeareth Neverthelesse Execution of the said Judgment remaineth yet undone And the said A. B. since the Judgment aforesaid given hath taken to Husband T. R. as by the allegation of the said A. B. I am given to understand and because I will that those things which are rightly acted in my said Court be duly put in Execution I command you that by honest and lawfull men of your Bailiwick you give notice and make known to the said C. D. that he be at my next County Court holden at c. to shew that if he hath or knoweth any thing to say or no for himself wherefore the said T. R. should not have execution of the said judgement of the debt and damages aforesaid according to the form and effect of the recovery aforesaid if to him it shall seem expedient and have you there the names of them by whom you give him notice and make known to him and have this precept c. Given under the seal of my Office the 4. day of Iune in the year of our Lord 1658. Venire facias Jurator I. B. Esquire Sheriff of the County aforesaid to the Bayliff of the hundred of O or his Deputy greeting I command you and every of you that you cause to come before me or my lawfull Steward by me appointed for the County Court to be holden at the Castle of Y. on Monday the c All those severall persons mentioned in the pannel hereunto annexed to trie such several issues between party and party as shall then and there be given them in charge And hereof you must not fail as each of you will answer the contrary at your perils together with this precept Given under the seal of my Office c. Or thus I. B. Esquire c. These are to require you the said Bailiff to cause to come twelve good and lawfull men of your Bailiwick that they be and appear at the next County Court holden at the castle of Y. on Monday c. by 9 of the clock in the forenoon to trie an issue joined between A. B. plaintiff and C. D. desendant concerning a plea of debt or as the case is And this given under the seal of my Office c. And if a full Iury do not appear then as many as make default shall be amerced and a Decem tales awarded to summon ten more as followeth and the same day given to the first Iury. Decem tales I. B. Esq c. These are to require you the said Bayliss to cause to come ten more good and lawfull men of your Bayliwick that they be here at the next County Court holden at the Castle of Y. on Munday c. with others which to them shall be adjoyned to try a certain Issue joyned between A. B. Plaintiff and C. D. Defendant of a Plea of Debt c. And as many of these as make default shall be amerced and then an Octo tales shall be awarded and if necessity require it afterwards a Sex tales Subpoena or a Warrant to summon Witnesses I. B. Esq Sheriff of the County aforesaid to I. B. I. G. c. greeting To you and every of you I command that all excuses and delayes being set apart you and every of you be and personally appear at the next County Court holden at the Castle of Y. on Munday the 10. day of Iune next to testifie the truth according to your knowledge in a certain Action there depending between A. B. Plaintiff and C. D. Defendant on the part and behalf of the Plaintiff in an Action of debt And hereof fail you not under the forseiture of one hundred pounds each of you And this given under the Seal of my Office the c. A Liberate to deliver goods taken upon Originall or mean Processe I. B. Esq Sheriff of the County aforesaid To all and singular my Bayliffs within the said County and their Deputies especially to A. B. greeting For as much
as S. V. hath appeared by his Attorney in this Court to answer W. N. of an Action of debt These are therefore to will and require you immediatly upon the sight hereof to deliver or cause to be delivered unto the said S. V. Two kine of the goods of him the said S. V. which you have distrained and do keep by vertue of my Warrant from this Court directed at the Suit of the said W. N. Fail you not hereof as you will answer the contrary Given under the Seal of my Office c. A Precept upon a Proclamation I. B. Esq Sheriff c. to the Bayliff of the Hundred of B. and to his Deputies greeting By vertue of a Proclamation upon Exigent to me directed I command you and every of you that you or some of you make two severall Proclamations The one to be made at the generall quarter Sessions of the Peace to be holden for the North-riding of the County of Y. And the other to be made at the Parish Church door after divine service where the severall persons under-written live and that they and every one of them yeeld their bodies to me the Sheriff of the said County where the Exigent lyeth to answer the person at whose Suit the Exigent is against them And hereof fail not at your perill Given under the Seal of my Office the two and twentieth day of August in the year of our Lord 1658. At the Election of the Coroner he is to be sworn in Court by the County Clark for the due Execution of his Office In this manner You shall swear that you well and truly shall serve his Highnesse the Lord Protector and the Common-wealth in the Office of a Coroner and as one of his Highnesse Coroners of the County of Y. and therein you shall truly diligently do and accomplish all and every thing and things appertaining to your Office after the best of your cunning wit and power both for the profit and good of the Inhabitants within the said County taking such Fees as you ought to take by the Laws and Statutes of this Common-wealth and not otherwise so help you God The Oath of an Attorney in this Court YOu shall do no falshood nor consent to any to be done in the Court and if you know of any to be done you shall give knowledge thereof to the Steward or county Clerk that the same may be reformed you shall delay no man for lucre or malice you shall increase no fees but shall be content with the old fees accustomed you shall suffer no forreign or illegal suits to hurt any man nor plead or cause to be pleaded any forreign plea but such as shall stand with the order of the law and your conscience you shall seal all such processe as you shall sue out of this Court with the seal thereof you shall not procure to be sued any false suit nor give aid nor consent to the same And lastly you shall use your selfe in the office of an Attorney within this Court according to your learning and discretion So help you God A Warrant of Attorney To S. D. one of the Attorneys of the County Court for the County of Y. c. I A. B. do hereby desire you and do give you full power license and authority to appear for me and for c. in your said Court on Monday c. in an action of debt for c. at the suit of E. D. upon an obligation conditioned for the payment of c. in which said obligation I stand bound as principal And this shall be your sufficient warrant in that behalfe In witnesse c. Bond for appearance It hath been formerly used to take a bond of the defendant for his appearance in this Court the form of the condition is thus THe condition c. That if the above bounden E T. do appear at the next County Court to be holden at the Castle of Y. on monday the first day of Ianuary next to answer H. B. in a plea of debt and do also stand to such order as the Court in that behalfe shall set down and adjudge according to law That then this present obligation to be void c. A sale of Goods to the Plaintiff levied upon a Fieri facias by the Sheriffs Bailiffe KNow all men by these presents That I G. B. of Skipton in Craven Bailiffe of the Liberty or Weapentake of Slaincliffe in the County of Y. By vertue of a precept of Fieri facias from the Sheriff to me directed have levied of the goods and chattels of c. the sum of c. paâ—t of a debt due to c. levied by vertue of the precept to his use In full satisfaction of which said sum of c I do by vertue of the precept or warrant to me directed as aforesaid assigne sell and set over unto the said c. all the goods and chattels in the apprisement hereto annexed nominated at the rate of c. To have c. the said goods and chattels to him his heirs executors and administrators as his or their own proper goods and chattels as fully and absolutely as I the said G. B. might could or ought to do by force and vertue of the said precept and apprisement or otherwise howsoever In witnesse whereof I have hereunto set my hand and seal the sixteenth day of August in the yeare of our Lord 1658. A Deputation for a Bailiff of an hundred I. B. Esquire Sheriffe of the County of Y. to all Christian people to whom these presents doth or may concern greeting Know ye that I the said Sheriff have deputed constituted and appointed R. D. of A. in c. my lawfull Bailiff and Deputy within the Hundred of B. in the North-riding in the County of Y. aforesaid to have and execute the said Office of Bailiff within the said Hundred or elswhere within the said County of Y. as occasion shal require it during my pleasure onely and no longer and to receive and take to my use all Fees as well for Distresse Attachment and Perquisites of Courts and other profits due and accustomed whatsoever to the said Bayliwick belonging or in any wise appertaining And whatsoever my said Bayliff shall lawfully execute and do in his said Office I do hereby warrant ratifie and confirme as my own act and deed In witnesse whereof I have hereunto set the Seal of my Office the seventeenth day of August 1658. The Fees The Fees to the County Clark  l. s d. FOr every Distringas 00-00-08 Every speciall Distringas 00-01-08 Duces tecum 00-00 08 A speciall Duces tecum 00-01-08 The Writ of Justicies 00-02-06 The Precept upon the Writ of Justicies 00-02-04 A speciall Precept upon the Writ of Justic 00-04-04 A Replevin 00-02-04 A speciall Replevin 00-05-04 The Bond upon the Replevin 00-01-00 Subpoena for Witnesses 00-00-08 Venire facias 00-02-00 Habeas corpora 00-02-00 Fieri facias 00-02-00 Capias in Withernam 00-05-04
the day and place within contained and to the parties within written that day have prefixed that then they be there in that Plea as just it may be to proceed as within to me is commanded A. B. complaines of C. D. in a Plea of taking of the Beasts of him the said A. B. in testimony of which matter E. B. S. D. I. W. and I. R. four legall men of those who at the Record present were in full Court at the Castle of Y. in the County aforesaid the tenth day of Aug in the year c. to the same Record their Seals severally have put the day and year abovesaid Note that though the Plea be discontinued in the County yet the Plaintiff or Defendant may remove the Plaint into the Common Pleas or Upper Bench by a Recordare c. and it shall be good and he shall declare upon the same And the Court shall hold Plea upon the fame Plaint for if the Plaint be continued in the County and issue joyned upon it yet nothing shall be removed but only the Plaint and in the Common Pleas the Plaintiff may declare anew c. Likewise if the Recordare bear date before the Plaint was entred in the County it is good enough and the Record is well removed The nature of a Pone A Pone doth nothing differ from a Recordare but that a Pone is allwayes to remove such Suits as are before the Sheriff by Writ of Iusticies and not by Plaint onely but the Recordare is to remove the Suit that is by Plaint onely without Writ F. N. B. 70. 11. By vertue of this Writ to me directed I have put before the Justices c. of the Common Bench at Westminster the Plea which is in my County by Writ of his Highness the Lord Protector of Iusticies betwixt A. B. and C. D. of a Plea of debt as it is said as it appeareth in a certain Schedule to this Writ annexed c. At my County Court held at the Castle of Y. in the County aforesaid upon Munday the twelfth day of August in the year of our Lord 1658. c. A. B. complaineth of C. D. of a Plea of debt in testimony of which matter R. L. S. R. T. O. and S. D. four legall men of those who at the Record present were in full Court their seals severally have put the day and year abovesaid A. B. complaineth of C. D. of a plea of debt 20 l. That if a plea be removed by Pone at the suit of the Defendant or Plaintiff and afterwards they proceed in this Court in the plea and give judgement and award execution c. then the Defendant or he against whom the judgement was given and execution awarded shall have an attachment against the Sheriff directed to the Coroner to answer as well his Highness the Lord Protector for the contempt as the party his damages c. Of the Writ of Prohibition THe Writ of Prohibition is of the same nature of a Recordare and a Pone but not in use Of the Consultation or Procedendo THese two Writs are both of one nature though the Writ of Consultation be obsolete and the writ of Procedendo stept up into its place it lieth where a cause hath been formerly removed by Pone or Recordare from this Court into the Vpper Bench or Common Pleas and for want of sufficient cause of removeall is sent back again Fitz. old Natura brevium 50. The nature of a Writ of False Judgement A Writ of salfe Iudgement lieth where an erroneous Judgement is given in this Court being no Court of Record then the party grieved by the Judgment may have this Writ and remove all processe of the suit into the Common Bench and there it shall be examined if it be found erroneous the Judgement shall be reversed and the suiters of the Court who gave the Judgement amerced Note that a Writ of false Judgement lieth not but in a Court where there are Suitors for if there be no Suitors there the Record cannot be certified by them F. N. B. 43. H. By vertue of this Writ to me directed to be Recorded I have caused the Plea which is in my County together with the proceedings and the Judgement betwixt the parties beneath and to the same parties day have prefixed to be before the Justices within written at the day place within contained as the Writ exacts and requires which plea with the proceedings and judgment appeareth in a certain Schedule to this Writ annexed A Plaint by Writ in the County Court holden at the Castle of Y. in the County aforesaid on Monday the 23. day of August the year c. before the Suitors of the same Court in the time of I. B. Esquire Sheriff of the County aforesaid according to the Customs and Priviledges of the same Court time whereof the memory of man is not to the contrary have been used and approved in the same At this Court came A. B. in his proper person and brought here into Court a Writ of his Highnesse the Lord Protector of Iusticies which said Writ follows in these words O LIVER Lord Protector of c. To the Sheriff of Y. greeting A. B. hath complained to us that C. D. upon him the said A. B. at the Castle of Y. hath made an assault and hath beaten wounded and evil intreated him so that of his life it was despaired and hath done him other wrongs to the great damage and grievance of the said A. B. and therefore we command you that you hear the said plaint and after cause them to be therefore brought to justice for the same that we hear no more complaint therein for want of justice Witnesse our selves at Westminster the 10. day of August in the year of our Lord 1656. And thereupon found Pledges to prosecute the said plaint that is to say Io. Doo and Ric. Roo And thereupon the said A. B. put in his place S. D his Attorney in the plaint aforesaid and by his said Attorney required processe to be made to him upon the same And it was commanded by the said I. B. Esquire Sheriff of the said County to all and singular his Bailiffs jointly and severally and their Deputies that they or some of them should do justice to the said C. D. so that he should be and appear at the next County Court to be holden at the Castle of Y. on Monday the 20. day of September then next in the year aforesaid to answer the said A. B. in the plaint aforesaid At which day came the said A. B. by his Attorney aforesaid and offered himselfe against the said C. D. in the plaint aforesaid and then and there came I. P. one of the Bailiffs in the County aforesaid of the said I. B. Sheriff of the said County and returned the said precept so directed as aforesaid served and executed on him and the said C.
D. did Essoin because he could not come until the next County Court to be holden at the Castle aforesaid at which said next Court viz. on Monday the 10 day of October then next following in the year abovesaid came the aforesaid A. B. by his Attorney aforesaid and offered himself against the said C. D. in the plaint aforesaid and the said C. D. then and there came in his proper person to answer the aforesaid A. B. in the plaint aforesaid and put in his place I. R. his Attorney against the said A. B. in the plaint aforesaid and by his said Attorney desired of the said Court that the said A. B. should declare against him upon his said plaint and thereupon the said A. B. by his Attorney aforesaid declared against the said C. D. upon the plaint aforesaid in manner and form following A. B. By vertue of a writ of Iusticies by S. D. his Attorney complains of C. D. of an action of trespasse and assault for that the said C. D. the 10. day of October in the year c. at the Castle c. in and upon the aforesaid A. B. did make an assault and affray and him did beat wound and evil intreat so that he did despair of his life and other harms did do unto him to the great damage of the said A. B. wherefore the said A. B. saith he is damnified to the value of 20 l. and thereupon brings this action c. Whereupon at the same Court at the request of the Defendant day was given to the said parties in the plaint aforesaid till the next county Court to be holden before the suitors aforesaid on Monday the 15. day of November then next following saving to the Defendant c. at which day at the said Court before the suitors aforesaid holden at the Castle of Y. aforesaid came aswell the said A. B. by his Attorney aforesaid as the said C. D. by his Attorney aforesaid and then and there the said I. B. Esquire was removed from the office of Sheriff of the County aforesaid and R. L. Esquire was duly elected and did enter into the said office of Sheriff of the County of Y. aforesaid whereupon at the same Court at the request of the parties further day was given to the said parties in the plaint aforesaid until the next County Court on Monday the 13. day of December then next following in the year abovesaid to be holden before the suitors aforesaid saving to the parties c. at which day at the said Court before the suitors aforesaid holden at the Castle aforesaid came aswell the said A. B. by his said Attorney as the said C. D. by his Attorney aforesaid And the said C. D. by his Attoruey aforesaid came and defended the injury when c. And the said Attorney said that he was not informed by his said Clyent of any answer for him the said C. D. to the said A. B. in the plaint aforesaid to be given whereby the said A. B. did remain against the said C. D. thereupon without defence for which the said A. B. ought to recover against the said C. D. his damages by occasion of the trespasse and assault and wounding aforesaid but because it was not known to the Court what damages the said A. B. had sustained by reason of the premises therefore at the next County Court holden at the Castle of Y. aforesaid in the County aforesaid before the Suitors aforesaid upon Monday the 10. day of Ianuary then next following in the year aforesaid it was required by the oaths of I. W. R. S. S. G. M. L. T. P. c. twelve good and lawfull men of the County aforesaid being present in the Court and in the full County sworn to inquire what damages the said A. B. sustained by occasion of the trespass assault wounding say upon their oaths that the said A. B. hath sustained damages by occasion of the trespass assault and wounding to ten pounds and for his costs and charges by him in that behalfe expended to two pence therefore it was considered by the said Court that the said A. B. should recover against the said C. D. his damages and costs aforesaid by the Jurors aforesaid in form aforesaid assessed and also forty shillings by the Court aforesaid to the said A. B. by his assent for increase of costs to him adjudged which said damages and costs do amount to twelve pounds and two pence And the said C. D. in mercy c. In testimony whereof c. The nature of an Accedeas ad curiam THis Writ issues out of the Chancery directed to the Sheriff commanding him to go to such a Court of some Lord or Franchife as Court-Baron or the like being no Court of Record where a Plaint is sued or a false judgement is supposed to be given in some suit which hath been in the Court and by this the Sheriff is there to make Record of the same suit in the presence of the Suitors of the same Court and four lawfull men of the County and of this he is to make a Certificate into the Court above under his seal and the seals of four of the Suitors of the same Court at the day appointed by the writ F. N. B. 71. Plowden 74. Finch 444. This Writ cannot be had without shewing some special cause for the removing of it as that a Freehold is in question there or some forreign plea is pleaded not triable in that Court or such like F. N. B. 70. 119. The County Clerk is to make a precept upon the Writ in this manner Yo ss I. B. Esquire Sheriff of the County of Y. To the Steward and Bailiff of the Court of the Honour of P. greeting I command you by vertue of a Writ to me directed that you take with you four discreet and lawfull Freeholders of the County aforesaid and that you go to the Court aforesaid and in full Court there cause the Plaint to be recorded which is in the same Court without Writ between R S. and G. M. of a certain trespasse upon the case brought by the said R. S. against the said G. M. as is aforesaid And that you certifie the Record to me so that I may have the same before the Justices of the Common Bench at Westminster from the day of the holy Trinity in fifteen days under your seals and the seals of four lawful men of the said Court of those that shall be present at the Record and that you prefix the same day to the parties that then they be there ready to proceed in the said plaint as shall be just and have you the names of the said four men and this Precept fail not hereof c. Given under the Seal of my Office this second day of Iune in the year of our Lord 1656. By the Sheriff Honour of P. ss The Court Baron of G. S. I. K. c. holden at
P. for the honour of P. the 12. day of June in the year of our Lord 1656. before I. H. T. H. I. G. and R. H. suicors of the said Court R. S. complains against I. N. of a plea of Trespasse upon the case to the damage of 30 s. By vertue of this Writ to me directed at the Court aforesaid holden the day and year abovesaid in full Court there to be recorded I have caused the plaint of which within is made mention which plaint doth appear above written and that Record I have returned sealed with my seal and the seals of the aforenamed four lawful men being in the said Court present at the said Record And to the parties within written I have prefixed the day in the Writ specified that then they be ready to proceed as just it may be in the said plaint as within to me is commanded W. O. Steward I. H. T. H. I. G. R. H. Suitors By vertue of this Writ to me directed in form within written I came to the Court within written and in that full Court to be recorded I caused the plea within written and the Record as it appeareth in a Schedule to this Writ annexed I have before the Justices at the day and place within contained under my seal and the seals of T. R. A. B. C. D. and E. F. four legal men of my Shire of those who at the Record present were and to the parties c. Or thus if the Record be not returned By vertue of this Writ to me directed and in my proper person having taken with me R. S. c. good and lawfull Knights of my County I came to the Court Baron of G. S. I. K. c. holden at P. for the Honour of P. to Record the Plea within written at the day and place within contained as within to me is commanded whereupon the Suitors of the Court aforesaid at P. aforesaid in full Court me the within written Sheriff the said Writ there to execute or as to the said plea in any manner to intermit altogether denied for which execution of the Writ aforesaid make I could not c. It is a good return for the Sheriff to say that after the receipt of the Writ and before the return thereof that no Court was holden and that also he required the Lord to hold his Court and he would not so as he could not execute the same The Return of a Writ for the Election of a Coroner after the death of another AT my County Court held such a day and year in full County aforesaid by vertue of this Writ of the assent of the same County in the place of R. O. within named who deceased is I have chosen a Coroner viz. I. M. who as the manner is hath taken his oath corporal that he will do and keep those things which to the office of a Coroner in the County aforesaid belong to be done as within c. The Return of the Writ of Exigent BY vertue of this writ to me directed at my County held at the Castle of Y. in the County of Y. within written on Monday c. the year c. within written I. C. and the rest of the Defendants within named if there be above two in the writ first were exacted and appeared not at my County of Y. there holden on Monday c. the year aforesaid the foresaid I. C. and the rest of the Defendants within named the second time were exacted and appeared not at my County of Y. there holden on Monday c. in the year aforesaid the said I. C. and the rest of the Defendants within named the third time were exacted and appeared not at my County of Y. there held on Monday c. in the year aforesaid the aforesaid I. C. and the rest of the Defendants within named the fourth time were exacted and appeared not At my County of Y. there held on Monday c. in the year aforesaid the aforesaid I. C. and the rest of the Defendants within named the fifth time were exacted and appeared not And therefore I. C. and the rest of the Defendants within named by Judgement of I W. and W. R. Gent. Coroners of the Common-wealth of the County aforesaid according to the Law and Custom of the Common-wealth of England outlawed are and every of them is outlawed I. B. Esquire Sheriff By vertue of this writ to me directed at my County held at Y. in the County of Y. within written on Monday c. in the year within written the said I. R. within named first exacted was and appeared not this Writ so above indorsed to be delivered was by I. B. Esquire late Sheriff of the County within written my next Predecessor in his going out from his office as above upon the back of this writ And at my County c. as before Or thus This Writ so above indorsed together with the Writ of Oliver Lord Protector of c. of Supersedeas to it annexed to me delivered was by I. B. Esquire late Sheriff of the aforesaid County my next Predecessor c. If it be against a woman she cannot be said to be outlawed for the reasons I shewed before but waved so that the latter part of the return must be thus viz. Therefore according to law and custom aforesaid B. D. waved is By vertue c. at my County held on Monday c. the said year c. within written the aforesaid I. C. the fifth time exacted was and appeared not and for defect of N. B. and R C Coroners of the County aforesaid further thereupon to prosecute I could not By vertue c. and at my County c. and that there were not more Counties in the County aforesaid held from the day of the receipt of this writ to the day of the rerurn of the same wherefore nothing done is at present Or thus And therefore in the Execution of this Writ further to be done nothing acted is By vertue c. of my County aforesaid held on Monday c. in the year c. within written the aforesaid C. D. the fourth time exacted was and appeared and brought forth to me the Writ of his Highnesse the Lord Protector of the Commonwealth of c. of Supersedeas which to this Writ annexed is wherefore the execution of this Writ further to be done I have superseded altogether Or thus As in the foresaid Writ of his Highnesse the Lord Protector of c. of Supersedeas to me is commanded Or thus As to exact take outlawed or at all molest the within named I. R. by vertue of this Writ to the Justices c. within written at the day and place within contained I certifie that by vertue of a certain other Writ of his Highnesse c. to me directed to this annexed I have superseded altogether as by that Writ to me is commanded By vertue c. at my
and governed himselfe Notwithstanding the said A. B. not ignorant of the premisses out of his meer and wicked malice preconceived indeavouring the name and same of the same W. B. to hurt detract make worse darken and utterly to destroy and also into perturbation vexation and insamy to lead and induce certain salse and scandalous words and lies of the same W. B. the 8. day of April in the yeare of our Lord 1656. at c. and within the liberty and jurisdiction of this Court in the presence and hearing of many faithfull subjects of the said Commonwealth said repeated and spread abroad in these English words following to wit W. B. meaning the same W. B. hath stoln my horse out of my Close which I will prove By pretext of speaking and spreading abroad of which said salse scandalous words the same W. B. not only in his good name and same is hurt but also in performance of his businesse with honest persons with whom the said W. B. in buying selling and lawfull bargaining is much hindred and damnified and also some subjects and people of this Common-wealth for that occasion will draw themselves from the company of the same W. B. and to converse with him or any wayes to intermeddle refused and yet do refuse whereupon c. damages to 39 l. And thereof he bringeth suit c. And the said A. B. by S. D. his Attorney cometh c. And saith that the said W. B. his action aforesaid against him ought not to have because he saith that he is not guilty of the speaking and spreading abroad of the words in the Declaration aforesaid specified nor of any part of them in manner and form as the said W. B. above against him complaineth And this c. Therefore according to the custom it is commanded to the Bailiff of the Weapentake of Ouze and Dar that c. that he cause to come before the Steward of the same Court at the next Court of the County aforesaid such a day 12. c. And that he then have there the same Precept together with the pannel of the names of the Jurors aforesaid the same day c. At which County Court held at the Castle of Y. aforesaid according to the custom before the Steward there upon Monday the 2. day of April came as well the same W. B. by his Attorney aforesaid as the same A. B. by his Attorney aforesaid c. and the same Bailiff of the Weapentake aforesaid returned the precept to him directed in all things served together with a Pannel of the names of the Jurors Annexed to the precept to wit in the same pannel are named L. M. N. R. c. to make a Jury between the parties aforesaid in the plea aforesaid who to speak the truth of the premisses being elected tried sworn say upon their oath that the said A. B. is guilty of the speaking spreading abroad of the said words in the said Declaration specified and they assessed the damages of the said W. B. by occasion of the speaking of the same words besides his costs and expences by him about his suit in this behalf laid out to 4 l. 5 s. for those costs expences to 8 d. Therefore at the same Court that the said W. B. should recover against the said A. B. his said damages by the Jury aforesaid in form aforesaid assessed and also 3 s. 8 d. for his costs and expences which said damages in the whole do amount unto 5 l. 17 s. 4 d. In witness whereof the seal of the Steward of the Court aforesaid is put Dated at the Castle of Y. the 12. day of March in the year of our Lord 1657. And hereupon the same VV. B. prayeth that the same A. B. may shew to the Court here and assign the defects wherein false Judgment is made in the said plaint if any be done to him whereupon the same A. B. saith that the same Record is vitious and much defective to wit in that it doth not appear by the Record before whom the first Court was held and in this that the said VV. B. by his Declaration did complain himself to be damnified and made worse to the value of 40 l. whereas by the law of the land that Court cannot hold plea of 40 s. In this also that the same Court held the 12. of March was held before the Steward whereas it ought to be held before the Suitors of the same Court and the Sheriff of the County for the time being so that the same Judgment was given Coram non Iudice Also in this that by the same Record it appeareth that the same VV. B. appeared by P. P. his Attorney and the same A. B. appeared by S. D. his Attorney but in the Record is not mentioned any Warrant of Attorney for the same VV. B. or for the same A. B. in the said plaint And to the same A. B. saith that divers manner of ways in the County Court aforesaid false Judgment is made to him in the said plaint And hereupon prayeth that the said Judgment for the said defects and others being in the same Record as false and erroneous may be adnulled and altogether taken for nothing And the same A. B. to the said 5 l. 17 s. 4 d. which the said A. B. by vertue of the same Judgment for his damages by occasion of the premisses recovered against him and unto all things which he by occasion of the same Judgment lost may be restored c. And the same W. B. saith that in the Record aforesaid there is no errour nor to the same A. B. in the same County Court held at the Castle of Y. aforesaid false Judgment is made in the same plaint and prayeth that the Justices here proceed to the examination of the same Record and to resorm and correct the false Judgment if any be found therein proved or can be made appear And because the Justices here will advise themselves of and upon the premises before they further proceed therein day is given c in Oct. pur to hear thereof what the Court hereof and upon the premises shall consider because the Justices hear thereof not as yet c. At which day here came aswell the said A. B. as the said W. B. by their Attorneys aforesaid And because the Justices here further will advise themselves of and upon the premisses aforesaid before they proceed further therein further day is given c. in Mens Pas to hear thereof what the Court hereof and upon the premisses aforesaid shall consider for that the Justices hear thereof not as yet c. If any errors and defects be found in the proceedings then will the Judgement be reversed and a Writ of Restitution awarded It was commanded the Sheriff if A. B. and C. D. should secure the same Sheriff of prosecuting their complaint then in his full County he should make to be recorded the plaint which was in
the same Court without Writ of his Highness the L. Protector between E. F. and the same A. B. and C. D. of the cattel of the same E. F. taken and unjustly detained c. And whereupon the same A. B. and C. D. complained false Judgement to be made to them in the same Court And that he should have that Record here at this day to wit in Octab. Hill under his seal and the seals of four lawfull Knights who should be present at the Record And that he summon by good summoners the said E. F. that he should be here at this day to hear the Record c. And now here at this day came as well the same A. B. and C. D. by S. D. their Attorney as the same E. F. by P. P. his Attorney and the Sheriff to wit G. M Esquire now returneth That the same A. B. and C. D. had found to the same Sheriff pledges to prosecute the said Writ to wit Jo. Doo and Rio. Roo and that he summoned the same E. F. to be here at this day by I. R. and I. S. honest c. The Sheriff also returneth that he by vertue of the same Writ to him directed in his full County holden at the Castle of Y. in the County aforesaid the 12. day of April last past caused the said plaint to be recorded and have the Record here at this day under his seal and the seals of L. M. M. R. honest and lawfull Knights of the same County of those who were present at that Record as by the said Writ it was commanded him the tenor of which Record followeth in these words Be it remembred that the 12. day of April in the year of our Lord. 1657. before G. M. Esquire Sheriff of the County aforesaid at the Castle of Y. in the same County of Y. came the same E. F. by P. P. his Attorney and complained against A. B. and C. D. of a plea wherefore they tooke the cattel of the same E. F. and them unjustly detained against sureties and pledges until c. And found to the said E. F. pledges to prosecute his complaint aforesaid and also for the returning of the cattel if the returning of them be adjudged by Law to wit Jo. Doo and Ric. Roo And then and there demanded due processe in Law against A. B. and C. D. thereof to be made c. Therefore according to the custom in the County aforesaid from the time whereof the memory of man is not to the contrary used and approved on the behalf of his said Highnesse the Lord Protector now It was commanded to I S. Bailiff of the Weapentake of W. and one of the Ministers of the said Sheriff of the County aforesaid that according to that custome he put by sureties and safe pledges the same A. B. and C. D. that they should be before me the said Sheriff at the next Court of the County aforesaid to wit at the aforesaid Castle of Y. the 12. day of April in the year c. abovesaid then next following to be held to answer the said E. F. in the plea aforesaid And the same day was given to the said E. F. then against the same A. B. and C. D. to prosecute the same plea. At which day here to wit at my next Court then held at the said Castle of Y. came the said E. F. by his Attorney aforesaid the same 12. day of April And the same I. S. Bailiff of the Weapentake aforesaid returned the precept aforesaid to him in form aforesaid directed in all things served and executed to wit that he by vertue of the same precept attached the same A. B. and C. D. by pledges to wit Jo. Den and Ric. Fen. to be here at this day to wit the same 12. day of April in form aforesaid as by the said precept to him it was commanded And the same A. B. and C. D. in full Court there being called came not but made default whereupon the same E. F. by his Attorney aforesaid prayeth processe further therein to be made upon the said complaint against the said A. B. and C. D. and hath it c. Therefore according to the custom of the County Court aforesaid it was commanded to the same I. S. Bailiff of the Weapentake of W. and one of the Ministers of the County Court aforesaid that according to the custom of that Court he distrain the same A. B. and C. D. by all their goods and chattels in his Bailiwick So that neither c. until c. And that they should be before me the said Sheriff at the next County Court to be held at the said Castle of Y. to wit the 10. day of May in the year abovesaid then next following to answer the same E F. in the same plea. The same day is given to the same E. F. here c. At which said next County Court aforesaid here to wit at the said Castle of Y. the same 10. day of May in the year abovesaid then held came as well the said E. F. by P. P. his Attorney asoresaid as the said A. B. and C. D. by S. D. their Attorney And the said A. B. and C. D. offered themselves against the said E. F. in the same plea. And the same E. F. complained thereupon and declared against the said A. B. and C. D. of a plea wherefore the same A. B. and C. D. the 4. day of March in the year c. at T. within the Jurisdiction of this Court in a certain place called the Hayes took the cattel to wit six calves of the same E. F. and them unjustly detained against sureties and pledges until c. Whereupon he then said that he was the worse and had damage to the value of 39 s. 11 d. and thereupon brought his suit c. And hereupon the same E. F. then and there put in his place the same P. P. his Attorney against the same E. B. and C. D. to gain or lose in the same plea here must be likewise awarrant of Attorney for the Defendant And thereupon the same A. B. and C. D. by S. D. their Attorney aforesaid then in the same Court demanded a Copy of the Declaration aforesaid and license thereof to imparl here until the next County Court before the said Sheriff to wit the 15. day of May in the year abovesaid then next following to be held at the Castle of York and then to answer c. And it is granted to them c. The same day is given to the same E. F. here c. At which said next County Court before the said Sheriff of the County aforesaid here to wit at the Castle of Y. aforesaid the 15. day of May in the year abovesaid came as well the said E. F. as the said A. B. and C. D. by their said Attorneys And it is said to the said Attorney of the said A. B. and C. D. by the Court here that he
answer for the same A. B. and C. C. his Clyents to the same E. F. in the said Plaint And the said Attorny for his said Clyents saith nothing in Bar as in others by which the said E. F. his damages against the said A. B. C. D. by occasion of the taking and unjust detaining of his Cattle aforesaid ought to recover but because it is unknown to the Court here what damages the said E. F. sustained by occasion of the premisses It is commanded to the said I. S. then Bayliff of the Wapentake of W. aforesaid one of the Ministers of the County Court aforesaid that he cause to come before the said Sheriffe at the next county Court of the County aforesaid to wit the 15th day of May in the yeare abovesaid at the Castle of Y. aforesaid then next following to be held twelve honest and lawfull men of the neighbourhood of S. to be suspected by neither party to enquire upon their Oath what damages the said E. F. sustained aswell by the occasion of the taking and unjust detaining of the cattle aforesaid as for his costs and charges by him about his suit in this behalf laid out and the same day was given to the said E. F. here c. At which said next County Court the same 15. day of May in the yeare abovesaid before the same Sheriff of the County aforesaid held came the said E. F. by his Attorney aforesaid And the same I. S. Bayliffe of the Wapentake aforesaid sent not his precept thereof Therefore as before it is commanded to the said I. S. Bayliff c. that he cause to come here at the next County Court before the same Sheriff of the County aforesaid to wit the 12 day of A. in the yeare abovesaid at the castle of Y. aforesaid to be held the 12th c. to enquire c to inform aforesaid c. At which day to wit the 12th day of April aforesaid before the same Sheriffe of the County aforesaid came the same E. F. by his Attorney aforesaid And the said I. S. Bayliffe c. and one of the Ministers of the same Court returned before the same Sheriffe the said precept de venire fac in all things served and executed And thereupon the Jury being thereof impannelled and called came and to enquire in forme as aforesaid sworn and charged say upon their oath that the said E. F. sustained damages by reason of the taking and unjust detaining of the Cattle aforesaid besides his costs and charges by him about his suit in this behalfe laid out 30 s. and for these costs and charges to 12 d. Therefore it is considered by the Court here that the said E. F. recover against the said A. B. and C. D. his said damages by the Jury aforesaid in form aforesaid assessed and also 26 s. to the same E. F. by the Court here for his said costs charges of his assent of increase adjudged which said damages in the whole amount unto 57 s And the same A. B. and C. D. in mercy c. Whereupon it was commanded to the same I. S. Bayliff of the Wapentake of W. aforesaid that of the goods and Chattels of the same A. B. and C. D. in his Bayliwick he should levy the damages aforesaid and that he have the money before the said Sheriffe at the next County Court at the castle of Y. to be held to wit the tenth day of March in the yeare abovesaid to render to the said E. F. for his damages aforesaid Whereupon the same E. F. prayeth that the said A. B. and C. D. would assigne and declare to the Court herein what or wherein false judgement is made to him in the said Plaint if any thing can be found proved or made appear c. And hereupon the same A. B. and C. D. say that the said Record is vitious and very much defective in this to wit that by the same Record it appeareth that the same cattle were taken the 15. day of January in the yeare abovesaid and that the complaint thereupon was levyed at the County Court of the Sheriff the 19th day of December in the yeare abovesaid so that the complaint was levied before the taking of the cattle afore made c. Also in this that by the Record it appeareth that the County Court aforesaid was held before the said Sheriffe of the County aforesaid whereas the same Court ought to be held before the same Sheriffe and suitors of the same Court so that the same Plaint was levied Coram non judice And the processe thereupon adjudged without any warrant in Law And so the same A. B. and C. D. say that in the County aforesaid false judgement was done to them in the said Plaint And pray that the said judgement for those errours and others in the same record and proceedings being may be revoked adnulled and altogether taken for nothing And that they unto all things which they by occasion of the judgement aforesaid have lost may be restored c. It was commanded the Sheriffe that if A. B. should secure the same Sheriffe to prosecute his complaint that then taking with him four discreet and lawfull Knights of the County aforesaid in his proper person he come to the Court of the Honour of P. and in full Court cause to be recorded that Plaint which was in the same Court of his Highnesse the Lord Protector between C. D. and the same A. B. in a certain Action upon the Case to the same C. D. by the same A. B. done as it is said Whereupon the same A. B. complaineth false judgement to be made to him in the said Court and that he should have here the Record at this day to wit Octab. Hill under his seal and by four lawfull men of the same County of those who shall be present at the Record and that he summon by good summoners the said C. D. that he should be here to hear that Record And that he have then here the names of the foure Knights and that Writ c. And now here at this day to wit Octab. Hill came as well the same A. B. by S. D. his Attorney as the same C. D. by P. P. his Attorney And the Sheriffe to wit G. M. Esq now returneth that the same A. B. found to the same Sheriff pledges to prosecute Io. Doo Ric. Roo And that the same C. D. was summoned to be here at this day by Io Den and Ric. Fen and that he by vertue of the same Writ to him directed took along with him I. S. W. P. I. H. and W. VV. four discreet and lawfull Knights of the County aforesaid and in his proper person came to the said Court held at P. in the County aforesaid the 15th day of October in the yeare of our Lord 1657. and in full Court made to be recorded the said Plaint whereof in the same Writ mention is made which said Record here at
him of ayre and the passage of raine T. P. c. complains of A B. c. of a plea of Trespasse upon the Case for that whereas the said T. P. for the space of seven years now last past hath been and yet is seised of one ancient Messuage with the Appurtenances in S. aforesaid in his Demesne as of Fee in which Messuage the said T P. and his Family all the time aforesaid have dwelt and yet do dwell And also whereas the said A B. for the space of three yeares now last past hath been and yet is possessed of one other Messuage with the Appurtenances in S. aforesaid lying next and contiguous to the said Messuage of the said T P. on the West side of the same Messuage of the said T P. And also whereas in the said West-side of the said Messuage of the said T P. time out of minde there hath been and yet are two ancient Windowes parcell of the said Messuage of the said T P. Through which windowes not onely light hath used to shine into the said Messuage to enlighten it but also wholsome ayre hath used to passe into the said Messuage for the health of him the said T. P. and his Family abiding in the same And the said T P. of his said Messuage with the Appurtenances so as aforesaid being seised And the said A B. of his said Messuage with the Appurtenances possessed the same A. B. not ignorant of the premisses but maliciously intending to stop up the said windows and deprive the said T P. and his Family of the light and wholsome ayre shining and passing through the said windowes into the said Messuage of him the said T. P. such a day and yeare at S. aforesaid did build and set up and from that time hitherto hath continued a certaine house upon a piece of ground called the backside parcell of the said Messuage of him the said A. B. so nigh unto the said Messuage of the said T. P. and the said two widowes that not onely the sayd two windowes are stopped up and thereby the said T. P. and his Family deprived of the light and wholsome ayre which were wont to shine and passe through the said windowes into the said Messuage of him the said T. P. but also the passage of the Rain falling from the said Messuage of the said T. P. is hindered and the Rain so hindered in passing away sinketh downe to and under the Foundations of the said Messuage of the said T. P. whereby the foundations of the said Messuage are weakned and the Messuage likely to go to ruine to the great damage of the said T. P. of 20 l. And thereof he produceth this Action c. For teaching the Defendants childe the Latine Tongue c. P. G. by I. R. his Attorney complains of I A. of a Plea of Trespasse upon the Case c. For that whereas the said I. A. the first day of August in the yeare c. at c. in the County c. For and in consideration that the said P. G. for and during the time of twelve moneths and twenty dayes then last past had taught and instructed I. A. the naturall sonne of the said I. A. in the rudiments and learning of the Latine Tongue and from the said first day of August in the yeare aforesaid at H. aforesaid would teach and instruct the said I. A. the son so long as it should please both parties in the said learning of the Latine Tongue aforesaid did assume upon himself and to the said P G. then and there did faithfully promise that he the said I A. the Father so much as the said teaching instructing eruditing and learning of the said I. A. the Son for all the time aforesaid should be reasonably worth to the said P G. when he the said I A. the Father should be thereunto requested well and faithfully would pay and content And the said P G. in fact saith that he relying on the promise and assumption aforesaid of the said I A. the Father did teach instruct erudite and learn the said I A. the sonne in the learning aforesaid from the first day of August aforesaid untill the last day of July in the yeare of our Lord 1651. And that the teaching instructing eruditing and learning aforesaid of the said I A. the sonne during all the time aforesaid being 12 moneths and 20 dayes was reasonably worth twenty shillings of lawfull English money Notwithstanding the said I. A. the Father not regarding his promise and assumption aforesaid but subtilly devising and fraudulently intending him the said P G. c. For dyet and time given for the payment of the Debt N. D. by c. complains of I D. of an action of Trespasse upon the Case For that whereas the fifth day c. at c. the said I D. was indebted unto the said N D. in the summe of 18 shillings of c. for meate and drinke wherewith the said N. D. then supplyed him And being so indebted in consideration that the said N D. then and there at the Castle of Y. in the County of Y. and within the Liberty and Jurisdiction of this Court at the special instance and request of the said I D. did give time for the payment of the said 18 shillings untill the next day after he the said I D. did assume upon himselfe and to the said N D. then and there faithfully promised that he the said I D. the said 18 shillings unto the said N D. the said next day after well and truly would content and pay and although the said N D. till the next day after and hitherto did forbear the payment of the said 18. shillings Yet the said I. D. his promise and assumption aforesaid not regarding but endeavouring and fraudulently intending the said N. D. c. Vpon an Assumpsit to save one harmlesse upon an Obligation A. B. by vertue of a Writ of Justicies c. complains of C D. of an Action of Trespasse upon the Case c. For that to wit that whereas the aforesaid A. B. the day and yeare at the Castle of Y. in the County aforesaid and within the jurisdiction of this Court at the special instance and request of the aforesaid C. D. by his writing obligatory bearing date the same day and year was bound together with the aforesaid C D. and for the sole debt of the said C D. unto one E F. upon Condition thereupon indorsed that if the aforesaid C D. should pay unto the aforesaid E F. at a certaine day in the same Condition contained 10 l. of lawfull c. that then that writing should be voyd and of none effect otherwise to remain in his strength and vertue the aforesaid C D. afterwards that is to say in such a day and place in consideration aforesaid assumed upon himselfe and to the aforesaid A B. then and there faithfully promised that the said C D. at all times then
afterwards would discharge the aforesaid A. B. against the aforesaid E F. from the aforesaid writing obligatory Yet neverthelesse the aforesaid C D. his promise and assumption aforesaid not regarding hath not hitherto discharged the aforesaid A B. from the aforesaid writing obligatory although he hath been often required by him the said A. B. to do it whereupon the said A B. saith that he is very much the worse c. For keeping a Dog accustomed to bite Sheep A. B. by c. complains of C. D. c. for that that is to say whereas the aforesaid C. D. did knowingly keep and retain a certain Dog accustomed to bite Sheep at c. which said Dog twenty Wether Sheep twenty Ewes and twenty Lambs of him the said A B. to the price of 10 l. at c. aforesaid found the 12. day of May in the yeare of our Lord 1657. did so grievously bite that those Sheep and Lambs by the biting of the Dog aforesaid then and there died whereupon the said A B. saith that he is worse and hath damage to the value of twenty pounds And thereupon he brings his Suit c. Another A. B. by writ c. complains of C. D. of a Plea c. For that that is to say whereas the aforesaid C. D. the 8. day of June in the year c. at c. a certain dog accustomed to bite Sheep he knowingly retained which said Dog the day and year aforesaid at c. aforesaid the Sheeep that is to say sixteen wether Sheep and thirty Ewe-sheep and eight Lambs of him the said A B. did chase and bite so that by the chasing biting six of the said Wether-sheep 12 of the said Ewe-sheep and four of the said Lambs of the price of ten pounds died and the residue to wit eighteen of the said Ewe-sheep great with yong cast their Lambs abortive And the residue of the said Wether-sheep were much worsted And other harms c. Against an Inn-keeper for a Horse lost A. B. by vertue of a Writ c. complaineth of C. D. Inn-keeper of a Common Inn called the sign of the White Hart in Skipton in Craven in the County of York and within the liberty and jurisdiction of this Court of a Plea of Trespasse upon the Case For that that is to say whereas according to the Law and Custom of the Common-wealth of England Inn-keepers who hold and keep common Inns to lodge and Entertain men travelling by those parts where such like Inns are and lodging in them are bound to keep both by day and night their goods being within those Inns without any diminution or losse So that by default of those Inn-Keepers or their Servants no damage shall happen or come to their guests by any means And whereas the aforesaid C. D. before the tenth day of March in the year c. And the same tenth day c. held and kept the common Inn aforesaid called the signe of the White Hart in Skipton in Craven aforesaid in the County aforesaid and within the liberty and jurisdiction aforesaid And him the said A B in the same Inn as his Guest then and there entertained and the same A B. then and there one Gelding of a white colour of the price of ten pounds he brought into the Inn aforesaid with him which said Gelding the aforesaid C. D. in his custody then and there received and had yet certain Malefactors unknown to him the said A B. afterwards to wit the aforesaid tenth day of March in the year aforesaid E. F. aforesaid the Gelding aforesaid being under the custody of the aforesaid C. D. in the aforesaid Inn then and there found for want of good keeping of the said C. D. and his servants he took and led away against the Law and Custome aforesaid Whereupon the same A B. sayes that he is worsted and hath damage to the value of twenty pounds And thereupon he brings his suit c. Vpon a Horse Race G. G. by I. R. his Attorney doth complain of D M of a plea of Trespasse upon the case c. That whereas such a day and year at c. conference was had between the said G G. and D. M. concerning a Horse-race to be run between a gray Gelding of the said G. G. and a bay Gelding of the said D. M. from B. aforesaid unto a house called Dexes in the aforesaid County upon which conference so had in consideration that the said G. G. at the speciall instance and request of the said D. M. did then and there pay and deposite into the hands of one Margaret the wife of one I. W. two shillings six pence of lawfull English money And in consideration also that the said G. G. did then and there ingage himselfe to give and deliver unto the said D. M. the said gray Gelding of the said G. G. in case the said gray Gelding should not out-run the said bay Gelding of the said D. M. from B. aforesaid unto the said house called Dexes and that the said G. G. should not there leave his Hatband before the said bay Gelding of the said D. M. should come to the said house called Dexes the said D. M. the said twentieth day of May in the year aforesaid at B. aforesaid and within the jurisdiction aforesaid did assume upon himself and to the said G. G. did then and there faithfully promise rhat if the said Gelding of the said G. G. did out-run the said bay Gelding of the said D. M. from B. aforesaid unto the said house called Dexes and that the said G. G. should leave his hatband there before the said Gelding of the said D. M. should come to the said house that then the said D. M. the said bay Gelding to the said G. G. to the use and behoofe of the said G. G. would give and deliver when he the said D. M. should be thereunto requested And the said G G. in fact saith that his said gray Gelding did then and there out-run the said bay Gelding of the said D. M. from B. aforesaid to the said house called Dexes and that he the said G G. did leave his hatband there before the said Gelding of the said D. M. did come to the said house called Dexes And whereas also the said 20. day of May in the year abovesaid at B. aforesaid and within the jurisdiction aforesaid in consideration that the said G G. at the special instance and request of the said D M. did then and there pay and deposite into the hands of the said Margaret wife of the said I. W. two shillings six pence of lawful c. And in consideration also that the said G G. did then there ingage himself to pay unto the said D M. 20 s. of like lawful money in case that the said gray Gelding of the said G. G. should not out-run the said bay Gelding of the said D. M. from B. aforesaid unto the said
Writ appeareth in a certaine pannel to this VVrit annexed R. S. Esq Sherif The names of the Jurors between A. B. Plaintif and C. D. Defendant of a plea of Trespasse E. F. of G. Gent. H. I. of the same K. L. of M. And so to the number of 24. Every of the said Jurors is severally attached by pledges Io Doo Ric. Roo R. S. Esq Sherif The execution of this writ appeareth in a certaine pannel to this writ annexed R. S. Esq Sherif The names of the Jurors between A B. Plaintif and C D. Defendant of a plea of Trespasse E F of G Gent H I of the same K. L of M And so to the number mentioned in the writ Every of the said Jurors is severally attached by pledges Iohn Doo Rich Roo Issues of every of them 10 s. R. S. Esq Sherif At my County of N. held at L. in the said County of N. the 8th day of Ian in the year of our Lord 1658. the within named A B C D and E F were the first time called and did not appear And at my County Court there held the first day of Feb in the same yeare 1658. they were the second time called and appeared not And at my county Court there held the first day of March in the foresaid year 1658. they were the third time called appeared not And at my county Court there held the 2d day of April in the year of our Lord 1659. they were the fourth time called and appeared not And at my County Court there held the first day of May in the year 1659. abovesaid they were the fith time called and the above named A. B. brought me his Highnesse VVrit of Supersedeas which I have to this writ annexed therefore against him the said A. B. I could no further proceed And the above named C. D. rendred himself into my custody whose body before the Justices within mentioned at the day and place within contained I have ready as within it is commanded And the above named E F. did not appeare therefore by the judgement of J K. L M. Gent. Coroners of the County aforesaid the aforesaid E E. is outlawed R. S. Esq Sherif At my County Court of N. held at L. in the County of N. the 1. day of Feb. in the year of our Lord 1658 And at the general Sessions of the publique peace held at G. the 20 day of Apr. in the aforesaid year the 2 day of April in the yeare of our Lord 1659. And at the most usuall door of the Parish Church of c. within written on Sunday the 10 of April 1659. abovesaid I made publique proclamation as within it is commanded R. S. Esq Sherif There being four County Courts allowed at which the within named A B. C D. E F. were foure times called appeared now Now at my County Court of N. held at L. in the said County of N. the above named A B. C D. E F. were the first time called and appeared not therefore by the judgement of I K and L M Gent. Coronors of the County they are and every of them is outlawed R. S. Esq Sherif This Writ was so lately delivered me that by reason of the shortness of time I could not do due execution thereof according to the Exigence of the same R. S. Esq Sherif The within named A. B. was taken by R. C. Knight and Baronet late Sheriff of my County of N. and not by me now Sheriff of the same County R. S. Esquire Sherif By vertue of this writ to me directed I have before the Justices within mentioned at the day and place within contained the Plaint which is in my County Court by his Highnesse Writ between the within named parties under the seals of A B. C D. E F. and G H. four lawfull men of my said County present at that Record as appeareth in a certain Scedule to this Writ annexed And have given notice to the within named I. K. that he may be then there ready to prosecute his plaint thereof against the within named T. W. And also I have there the other Writ to this Writ and Scedule annexed I. G. Esquire Sherif S. ss At my County Court held at I. in my said County the 11. day of in the year of our Lord 1657. ss I. K. complaineth against T. W. of a plea of Debt I. G. Esquire Sheriff By vertue of this Writ by C D. and F G. honest and lawfull men of my Bailiwick I have given notice to the within named L S. I. L. c. that they be before his Highnesse at the day and place within contained to shew c. Why the within named R R. should not be inlarged out of prison according to the act c. As within it was commanded I. G. Esquire Sherif The within named G. S. hath nothing in my Bailiwick whereby I can give him notice neither is he found in the same neither are there any tenants or tenant of any Lands or Tenements which were of the within named W. on the within written day of the Judgment within given or at any times afterwards in my Bailiwick unto whom I may give notice as this writ doth require I. G. Esquire Sherif Pledges of process Jo. Doo and Ric Roo Sum of the within named A. B. Anth. Sharp and Rich. Sharp And at the most usual Church-door of the Parish of D. where the within named A. B. inhabiteth upon the Lords day to wit the 4. day of Iu. in the year within written immediatly after divine service in the same Church ended I made publick Proclamation according to the form of the Statute c. R. S. Esq Sherif By vertue of this Writ to me directed the 26. day of A. in the year within written I have taken into the hands of his Highness the Lord Protector by the view of H. R. and T. R. honest and lawfull men of my Bailiwick the third part of the Messuage Lands and Tenements within mentioned with the appurtenances As within it is commanded The summoners of the within named A. B. Jo. Den. and Ric. Fen. R. S. Esquire Sherif Pledges of Processe Jo. Doo and Rich Roo The Summoners of the within named A. B. son an heir of A. B. I. W. and E. W. R. S. Esquire Sherif By vertue of this Writ I have caused to be delivered to the said A. B. his possession of his term within specified of the Messuage Lands and Tenements within specified And also have taken the body of the within named C. D whose body before the Justices within written at the day and place within contained I have ready as within it is commanded And where the Defendant is not found then close thus And I further certifie the Justices within specified that the within named C. D. is not found in my Bailiwick R. S. Esquire Sherif By
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
Yorkshire to 02 00 00 For Petitions upon the account for each 00 04 00 For another writ of assistance 00 05 06 For entring the view of the accompt and in the alienation Office for viewing of the accompt and for a note of the charge there 00 09 08 For every Schedule of issues upon general pardons and to the Clerk of the extracts man 00 15 00 To a Baron for allowing of them and to the Barons man 00 17 04 In the alienation Office for making of the Bond and Acquittance with the Scedules of seizures against such as have sold land held of the Commissioners without license of alienation 10 06 00 For a Warrant for a day to finish the accompt until Mich. Term 00 10 00 To the Attorney in the Pipe Office for setting off from the Accompt six amerciaments and to his man 01 10 00 For discharging the amerciaments for a warrant to set off and discharge 01 12 06 For another Writ of assistance 00 05 06 If the Sheriff cannot go thorow with his accompt in Trinity Term then to the Marshall for liberty to his man 04 13 04 For ruling and making the Petitions and to his man 09 00 00 To the Master of the Pipe for his fee 00 13 04 To the Controller of the Pipe for his fee and to his man 02 12 00 The fee of the Attorney of the Pipe and to his man 06 02 06 For the Acquittances of two tallies in the receit and for striking off those tallies 00 05 04 To two Auditors for casting up of the Sheriffs accompt in Court when he is to be cast out of the Court 00 10 00 To the Baron then and to his men 01 07 00 To the Marshal Tipstaves and Criers then 00 16 08 To the Clerk of the Pipe for Recusants and for allowing and joining of the talley for Recusants Debts 01 16 00 To the Baron for respects for Recusants Debts 01 10 00 To the Clerk of the Pipe for Recusants for allowing of that Warrant and to the Master of the Pipe for the same 00 13 04 To the Bag-bearer 00 01 00 For the Quietus est to the Sheriffs Attorney of the Pipe and to his man 04 06 08 For the Quietus est for the Recusants Cum multis aliis c. 01 00 00 But the Sheriff is at much more charge which is laid out and is disbursed during his Sheriffwick as experience will better inform him The Return of a Devastavit I R. S. Sheriffe of the County within named do certifie the Justices within mentioned that the within named A. B. hath before the coming of this Writ wasted to his own use converted divers goods and Chattels which were of the within named F. G. at the time of his death to the value of the debt and damages within specified and which came to the hands and possession of the said A. B. Executor of the same F G. to be administred So that the debt and damages or any parcel thereof of the goods and chattels of the aforesaid Testator F. G. I could not levy And I further certifie the aforesaid Justices that the within named A. B. hath no goods or Chattels of his own in my Bailywick whereof I may levy the damages aforesaid R. S. Esquire Sherif THe within named A. B. hath no goods or Chattels which were of the within named C. D. at the time of his death in her hands to be administred in my Bailywick whereof I may levy the debt and damages within mentioned or any parcel thereof nor any of her own proper goods or Chattels in my Bailywick whereof I can levy the damages aforesaid or any part thereof And I further certifie the Justices within specified That by T. I. and E. R. honest and lawful men of my Bailywick that I have made known to the said A B. that she be before the aforesaid Justices at the day and place within contained to shew c. as within it is commanded The residue of the execution of this Writ appeareth in a certain Inquisition hereunto anexed R. S. Esquire Sheriff AN Inquisition indented taken at A. N. in the County aforesaid the two twentieth day of Ian in the year of our Lord 1658. before me R. S. Sheriff of the County aforesaid By vertue of a Writ of his Highnesse the Lord Protector to me directed and to this Inquisition annexed by the Oath of G. H. and so to the number of twelve honest and lawfull men of my Bailywick who say upon their oaths that A. B. in the aforesaid Writ named wasted and to her own use converted divers goods and chattels which were of the within named C D. at the time of his death to the value of the debt and damages in the same Writ specified and which came to the hands of the same A. B. to be administred In witnesse whereof aswell I the said Sheriffe as the aforesaid Jurors to this present indented Inquisition have interchangeably set to our seals the same day and yeare first above written R. S. Esquire Sheriff BY vertue of this writ to me directed I have levied of the goods and chattels of the within named A. B. the whole sum of 80 l. which said moneys before his Highness at the day and place within mentioned I have ready to render to the within named C. D. for his debt and damages within specified as by this Writ it is commanded R. S. Esquire Sheriff By vertue of this writ I have levied of the goods and chattels of the within named A. B. the value of eight pounds sixteen shillings four pence which said moneyes before his Highness at the day and place within mentioned I have ready to render to the within named C. D. in part of his debt and damages within specified And I hereby further certifie his said Highnesse that the said C. D. hath no other or more goods or Chattels in my Bailywick whereof at present I may levy the residue of the aforesaid debt and damages according to the exigence of this Writ R. S. Esquire Sherif By vertue of this Writ to me directed I have taken of the Lands and Chattels of the within named A. B. that is to say one Messuage with the appurtenances in C. in my County of N. now in the tenure of one G. D. which the aforesaid A. B. at the time of my taking thereof held to him and his assignes for a certain term of years yet to come of the demise grant or assignment of one R. B. to the value of ten pounds which said Lands and Chattels as yet remain in my hands unsold for want of Buyers by reason whereof those moneyes before the Justices within mentioned at the day and place within contained I cannot have to render to the within named C. D. As within it is commanded R. S. Esquire Sherif I hereby certifie the Justices within mentioned that after the execution of this Writ and
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
R. T. hath no other or more Lands or Tenements at the aforesaid day he became debtor so as abovesaid nor at any time since nor hath he any other or more goods or chattels at the time of the taking this Inquisition in my Bayliwick to the knowledge of the said Jurors In witnesse c. R. S. Esq sheriff By vertue of this Writ to me directed by W. G. and E. D honest and lawfull men of my Baliwick I have given notice to R W. within named Son and Heire of R. W. within mentioned deceased And to W. R. and I. H. Gent. Tertenants of divers Lands and Tenements in my Bayliwick of which the said R. W. the Fther was in his life time seised in his Demesne as of Fee on the morrow of All Soules within specified That they be before the Justices within mentioned at the day and place within contained to shew c. as within it is commanded R. S. Esq sheriff Pledges of prosecuting Io Doo Ric. Roo Summoners of the within named H.W. R.M. R. B. And further by vertue of this Writ the 3d day of Ia in the yeare within written I made publique proclamation according to the forme of the Stat. and the exigence of this Writ R. S. Esq Sheriff The Oath of the Sheriffe YOu shall sweare that you shall well and truly serve his Highnesse the Lord Protector in the Office of the Sheriffe of the County of Yorkshire and do the Common-wealth profit in all things that belongeth to you to do by way of your office as far forth as you can or may You shall truly keep the Common-wealths right you shall not assent to decrease or lessening or to concealment of his Highnesse rights or of his Franchises And whatsoever you have knowledge that his Highnesse rights have been concealed or with-drawn to be in Lands Rents Franchises or Suits or any other things you shall do your true power to make them be restored to his Highnesse again And if you may not do it you shall certifie his Highnesse the Lord Protector his Councel or some of them thereof You shall not respite his Highnesses debts for any gift or favour where you may raise them without great grievance to the debtors You shall truly and rightfully treat the people of your Sheriff-wick and do right as well to poor as to rich in all that belongeth to your office You shall do no wrong to any man for any gift or other behest or promise of goods for favour nor hate You shal disturb no mans right You shall truly acquit at the Exchequer all those of whom you shall receive any thing of his Highnesses debts You shall take nothing whereby his Highnesse or the Common-wealth may loose or whereby the right may be letted or disturbed and his Highnesse or the Common-wealth delayed You shall truly returne and truly serve all his Highnesses Writs as far forth as shall be to your cunning You shall not have to be your under-Sheriff any of the Sherifs of the last yeare past You shall take no Baylif into your service but such as you will answer for you shall make Oath of your Baylifs to make such oath as you make your self in that which appertaineth to their occupation you shall receive no Writ by you nor any of yours unsealed or any sealed under the seale of any Justice saving the Justices of Assize or Justice assigned in the same Shire where you are Sheriffe or other Justices having power and authority to make any Writs unto you by the Law of the Land or of the Justices of Newgate you shall make your Bayliffs of true and sufficient men in the Countrey Also you shall do all your power and diligence to destroy and make to cease all manner of Heresies and Errors commonly called Lollaries within your Bayliwick from time to time to all your power assist and be helping to all the Ordinaries and Commissaries You shall be dwelling in your own proper person within your Bayliwick for the time you shall be in the same Office except you be otherwise licenced by his Highnesse the Lord Protector You shall not let your Sherifwick nor any Bayliwick thereof to any man You shall truly set and return reasonable and due issues of them that be within your Bailiwick after their estate and behaviour and make your pannels your selfe of such persons as be next most sufficient and not suspect nor procured as it is by the Statutes provided And over this in eschewing and restraint of Man-slaughters Robberies and other manifold grievous offences that be done daily namely by such as name themselves Souldiers and by other Vagrants the which increase in number and multiply so that the people of this Common-wealth may not in safety ride nor goe to doe such things as they have to do to their intolerable hurt and hinderance You shall truly and effectually with all diligence possible to your power execute the Statutes as the Statute of Winchester and for Vagabonds All these things you shall truly observe and keepe as God you helpe c. An Indenture by a high Sheriffe deputing one to be his under-Sheriff THIS INDENTVRE made c. between A. B. of R. in the County of Yorke Esquire Sheriffe of the said County of the one part And C. D. of W. in the said County Gent. of the other part witnesseth That the said A. B. of assured hope confidence and trust that he hath that the said C. D. will honestly uprightly and sufficiently discharge the office and duty of Under-sherif aswell towards his Highnesse the Lord Protector as all the people of this Common-wealth of England and therein discharge him the said Sheriffe and for the consideration hereafter mentioned hath been pleased and contented to assigne depute ordaine constitute and make and by these presents doth assigne depute ordaine constitute and make the said C. D. his Under-sheriffe of the said County of Yorke authorizing hereby the said C. D. according to the Covenants and Agreements by these presents contained to execute persorme and do all that which to the duty and office of Under-sheriffe of the said County of Y. shall appertaine or to the Sheriffe of the said County without the personall presence of the said Sheriffe may be executed and done and also to receive and take to his owne use all manner of duties and lawfull free commodities profits and advantages to the same office belonging or in any wise lawfully appertaining during such time as the said A. B. shall continue Sheriffe of the said County in consideration whereof the sayd C. D. for himselfe his Heires Executors and Administrators doth covenant promise and grant to and with the said A. B. his Executors Administrators and Assignes and every of them by these presents That he the said C. D. shall and will during such time as the said A. B. shall continue remain and be Sheriff of the said County of Y. honestly truly and sufficiently execute and
D. shall or may in the name of the said A. B. assigne and set over any bond to be taken in the name of the said Sheriff for appearance or discharge of processe to any person or persons to the intent thereby to compell the parties to appeare to save and keepe harmlesse the said Sheriff and Under-sheriffe of any Fine or Amerciament thereby And also that the said C. D. may commence or take his Action upon any such bond for the inforcing the said parties therein bound to bring forth the party or parties for whose appearance they were become bound thereby to save himselfe harmlesse of such Fine and Amerciaments as shall be imposed or layd upon the said Sherif for not bringing forth the said party or parties All which suits being lawfully taken for the causes aforesaid the said A. B. doth covenant and promise to avow and justifie and that it shall be lawfull to and for the said C. D. his Executors and Administrators and also for the said Assignes to retaine to their owne use their said sum or summes to be recovered by reason of the said Bonds towards their charges and losses by reason of the not appearance of the said parties so alwayes that they and every of them shall stand to the Orders and Directions of the said A. B. his Executors or Administrators for the over-plus thereof if any shall be And the said C. D. for himselfe his Heires Executors and Administrators and every of them doth covenant and promise to and with the said A. B. his Heires Executors and Administrators to acquit and discharge or else to save harmlesse the said A. B. c. of and from all and all manner of costs and damages which may in any wise be awarded adjudged decreed or recovered against him or them by reason of any such suit Finally The said C. D. for himselfe his Heires c. and every of them doth covenant promise and grant to and with the said A. B. his Heires c. and every of them by these presents that he the said C. D. his Executors c. shall and will on this side the Feast day of the Purification of our blessed Virgin Mary which shall be in the yeare c. well and truly discharge and pay unto his Highnesse the Lord Protector his Heires or Successors all such summe and summes of money duties and demands as shall be due unto his Highnesse his Heires or Successors wherewith the said A. B. shall be charged or chargeable as Sheriffe or by reason of the said Office of Sherifwick of the said County of Y. and thereupon within three moneths next ensuing shall procure unto the said A. B. his Heires c. a sufficient discharge and quietus est in full discharge of his said office and account Provided alwayes That if the said C. D. his Deputy or Deputies Attorney or Attorneys Clark or Clarks Deputy or Deputies or any of them at any time during the said office shall commit do or suffer to be done any manner of act or acts thing or things whatsoever or shall omit or leave undone any act or acts thing or things whatsoever belonging to the said office of Sheriffe of the said County of Yorke or by colour of the said Office by reason whereof the said A. B. his Executors Administrators or Assignes or his or their Goods or Chattels Lands Tenements and Hereditaments or any of them may in any wise be charged or chargeable above the summe of c. That then and from thenceforth it shall be lawfull to and for the said A. B. to grant assigne and depute the Execution of the said office of Under-sheriffe for the residue of the said time then to come to any person or persons And that then and from thenceforth it shall be lawfull to and for all such Assignee and Deputy to have and take all the sees and commndities profits and advantages from thenceforth to the said office belonging or in any wise appertaining This Indenture or any thing therein contained or any other matter or cause concerning the Assignement or deputation of the said Under-sherifwicke in any wise notwithstanding And the said A. B. for him his Heires c. doth covenant grant to and with the said C. D. his Heires c. by these presents That he the said A. B. his Heires c. shall or will deliver or cause to be delivered to the said C. D. his Heires c. to be cancelled all such Bonds and Obligations wherein any person or persons shall be or stand bound for or in the behalfe of the said C. D. to the said A. B. for or in respect of the Execution of the said Office of the said Under-sherifwicke or for the saving harmlesse of the said A. B. concerning the said Office of High Sheriffe within three moneths next after the said C. D. his Heires c. shall procure or deliver to the said A. B. his Heyres c. a Quietus est out of his Highnesse Court of Exchequer for his discharge of his said Office and the Bond of the said C. D. to remain for the saving harmlesse of the said A. B. his Heirs Executors and Administrators of Amerciaments and other Impositions touching the said office And whereas by an Agreement made betweene the said C. D. and one E. F. Gentleman whom the said A. B. hath appointed Under-sheriffe for the County of YORKE it is acknowledged and affirmed by the said C. D. before the sealing of these Indentures that the said C. D. his Executors Administrators or Assignes is to passe the whole account of the said A. B. and to execute levy gather up extend bring in and pay all such seisures extents processe Chequer silver duties and demands charges sum and summes of money whatsoever howsoever or wheresoever as the said A. B. his Heires Executors or Administrators shall be in any Court or Courts place or places any way charged or chargeable unto or withall as Sheriff of the said County of Y. at and according to the place and places time and times limited in these Indentures for the said C. D. to do and performe and thereupon shall also acordingly within sixe moneths next ensuing the time within limited procure unto the said A. B. his Heires or Assignes a sufficient discharge and quietus est in full discharge of the said office and account And the said A. B. hath to that end also security of two thousand pounds from the said C. D. and his sureties for the performance of the like covenant amongst other covenants in the Indenture specified which are made between the said A. B. and the said C. D. And yet notwithstanding the said A. B. for his better security doth by these presents binde and tye the said E. F. his Executors Administrators or Assignes to the doing and performing of the same Also the said A. B. is well pleased and contented and for himselfe his Executors and Administrators doth covenant promise
said C. D. his Executors Administrators and Assignes and the moneys thereof and thereby recovered to have take and detaine to his and their owne use and uses without any account thereof to yield or make to the said A. B. his Heires Executors Administrators or Assigns all which said Bonds and Covenants except before excepted he the said A. B. doth for himselfe his Heires Executors Administrators and Assignes covenant promise grant and agree to and with the said C. D. his Executors and Administrators by these presents that neither he the said A. B. nor his Heirs Executors or Administrators or any of them shall release acquit nor discharge the said Bonds or Covenants nor any action plaint or suite thereupon to be brought or any judgement or execution thereupon to be had without the assent of the said C D. his Executors Administrators or Assignes unlesse he the said A. B. his Heires Executors or Administrators shall be enjoyned thereunto by order or course of Law or equity And the said C. D. doth for himselfe his Heires Executors and Administrators covenant promise and grant to and with the said A. B. his Heires Executors and Administrators by these presents that he the said C. D. his Executors and Administrators shall and will from time to time and at all times hereafter save defend and keep harmlesse the said A. B. his Heires Executors and Administrators and his and their lands tenements goods and chattels of and from all costs charges and damages which may arise and happen by reason of any bill in equity or of any Non-suit or judgment obtained by any person or persons of or upon any of the said Covenants Obligations or Bonds to be taken for appearance as aforesaid or by reason or meanes of removing any action or suit in the name of the said A. B. his Heires Executors or Administrators against any person or persons upon the same Covenants Obligations or any of them And whereas it is agreed by and between the said parties to these presents that the said C. D. shall become bound by obligation to the said A. B. in the penal summ of 500 l. conditioned for the true performance of the Covenants articles and agreements in these presents contained on the part and behalfe of him the said C. D. his heires executors and administrators to be performed and shall also procure five sufficient Sureties before the thirtieth day of Ianuary next ensuing the date hereof to become bound unto the said A. B. in the several penal summs of 100 l. a piece with the like conditions as aforesaid Now the said A. B. is contented and pleased doth by these presents for himselfe his heirs executors administrators and assigns covenant promise and grant to and with the said C. D. his heirs executors administrators and assigns by these presents that he the said A B. his heirs executors or administrators or some or one of them shall and will within the space of one year next after the said C. D. his heirs executors or administrators shall deliver or cause to be delivered unto the said A. B. his heirs executors administrators or assignes the said Quietus est before in these presents mentioned the said A. B. his heirs executors and administrators being first sufficiently and reasonably discharged and saved harmlesse of and from all the payments penalties fines amerciaments damages dangers and other demands before in these presents mentioned upon the reasonable request of the said C. D. his heirs executors or administrators shall deliver or cause to be delivered up the said Obligations so to be made by the Sureties of the said C. D. as aforesaid to such Suretie or Sureties respectively and to their respective heirs executors or administrators to be cancelled In witnesse whereof c. The form of the Condition THE CONDITION c. That whereas His Highnesse the Lord PROTECTOR c. by his Letters Patents bearing date the c. in the year of our Lord c. did apoint nominate and make the within named A. B. High Sheriffe of the County of York which said A. B. afterwards by his Indenture bearing date c. did ordaine depute constitute and make the within bounden C. D. his Deputy and Under Sheriffe of the said County of Y. as by the same Indenture more plainly at large doth and may appear If the said C. D. his heirs c. and every of them do at all times hereafter and from time to time for ever clearly acquit exonerate and discharge or otherwise sufficiently save and keep harmlesse the said A. B. his heires executors and administrators and every of them and his and their goods chattels lands tenements possessions and hereditaments and every of them and of and from all and every of the summ and summs of money wherewith the said A. B shall be charged by reason of the said office of Sheriffwick and shall fall out not to be answered upon the accompts and of and from all action and actions plaint or plaints or debt or debts that shall be commenced against the said A. B. his heires c. by reason of any escape or escapes committed of any prisoner or prisoners arrested and not committed to the common Goale of the said County or afterwards by the act or negligence of the said C. D. or any the Bailiffe or Bailiffes or any his servants or Deputies and of and from all actions suits costs losses damages hinderances and demands whatsoever which shall or may at any time or times hereafter come grow or be to or against the said A. B his c. on his or their goods chattels lands tenements possessions and hereditaments and every or any of them for or by reason of the premisses or any of them That then this present Obligation c. Or thus THE CONDITION c. That whereas the above named A. B. Sheriffe of the County of Y. hath assigned and deputed the above named C. D. his Under-Sheriff If therefore the said C. D. the above bound E. F. and H I. their heires executors and administrators and every of them do at all time and times hereafter save and keep harmlesse and indempnified as well the said A. B. his heires executors administrators and assignes and every of them as also the lands tenements hereditaments goods and chattels of the said A. B. of for touching and concerning the returns and executions of all such Processe Writs and Warrants of what nature soeverr they be as are or shall be hereafter directed to the Sheriffe of the said County of Y. and shall be brought and delivered or offered to be delivered to the said C. D. during the time that the said A. B. shall be Sheriffe of the said County And of and from all issues fines and amerciaments which shall happen to be imposed or taxed upon the said A. B. for and concerning the not executing wrongfull executing or detaining in his hands any Writs Processe or Warrants and of for and concerning all escapes
the day of the date hereof hath delivered to the hands of the within named C. D. and E. F. the Writ of execution for levying and extending the goods chattels and moyety of the lands tenements and hereditaments of one G. H. of c. to and for the use of the said A. B. whereby the same A. B. may be satisfied of the summe of two hundred pounds mentioned in the said Writ if in case the said C. D. and E. F. or either of them do lawfully execute or cause to be lawfully executed the said Writ according to the nature meaning and purport thereof by the impannelling of twelve lawfull and indifferent men to be sworn of the contents of the said Writ if then the said A. B. his Executors and Administrators do quietly permit and suffer the said Sheriffe or under Sheriffe to have take receive and detaine to his and their owne proper use and behoofe out of such moneys goods or chattels as shall be had levyed or received by vertue of the said Writ or the execution thereof so much in lawfull money of England or other benefit as they or the said Sheriffe or under Sheriffe or one of them shall think reasonable or sufficient for their satisfaction of and for such travel paines or charges as they shall be at in and about the execution of the said Writ and extent thereupon to be had or made otherwise within c. next after the said writ shall be executed and return made thereof accordingly do pay or cause to be paid unto the said Sheriffe or under Sheriffe or their Deputy or Deputies so much lawfull money of England as they shall for the causes aforesaid reasonably demand That then c. A Bargaine and sale of Goods made by the Sheriffe by vertue of his office TO all faithfull people to whom this present writing shall come Sir H. B. Knight Sheriffe of the County of Y. greeting Whereas by vertue of his Highnesses Writ of Fieri facias to me directed out of his Highnesses Court of Common Pleas at Westminster for the levying of an hundred pounds debt and forty shillings damages which Sir H. H. Knight Lord Chiefe Justice of the said Court of Common Pleas hath recovered in the said Court against E. F Administrator of the Goods and Chattels which late were of I. R. late of R. in the said County Gent. deceased at the time of his death to be levyed upon the Goods and Chattels which late were the said I. R.'s at the time of his death in the hands of the said E. F. to be administred if so much of them do remaine in the hands of the said E. F. to be administred And if not then the damages to be levyed of the proper goods of the said E. F. as by the said Writ returnable from the day of the holy Trinity in three weekes more at large appeareth I have taken into my hands all and singular the goods and chattels mentioned in an Inventory hereunto annexed be the goods and chattels which late were the said I. R's at the time of his death and found in the hands of the said E. F. unadministred Now know yee that I the said High Sherif by vertue of the said Writ and of my Office and for and in consideration of the sum of two hundred pounds of good c. to me the said High Sherif in hand payd do hereby as much as in me lyeth by vertue of my said Office fully and absolutely bargain sell and deliver to the said E. F. his Executors Administrators and Assignes all and singular the said Goods and Chattels TO HAVE AND TO HOLD and enjoy the same unto the said E. F. his Executors and Administrators for ever In witnesse whereof I have hereunto set my seale of Office the tenth day of May in the yeare of our LORD 1658. THE JUDICIAL AND MINISTERIAL OFFICE OF CORONERS THIS Office of Coroner hath its Etymologie or Derivation a Corona being an Offficer of the CROWN from antiquity and hath principall cognisance of some PLEAS called Placita Coronae He was established by pristine Kings ELFRED c. to be Principalis conservator pacis according to the Mirrour of Iustice which saith Auxi ordains fuer Coronours in Chescun County et Viscounts a garder le peace quant les Countees soy demisterent del gard et Bayliffes in lieu de centeners that is Coroners in every County and Sheriss were ordained and constituted to be Conservators of the Peace when the Earles dismist themselves of the custody of the Counties and in place of Hundredors but of his antiquity and jurisdiction Vide 2d Instit Magna Charta Cap. 17. Merton Cap. 3. Reddisseisin and Westminster 1. Cap. 10. and 26. and Articl super Chart. Cap. 3. This office of Coroner is duplicate General Special 1. Generall TO the office of generall Coroners appertaines the receiving of the Appeales of the whole County of Fellonies committed within the yeare to award the Exigents of contempts and to pronounce the Judgements of Out-lawries upon County dayes of which see more in the County Court and likewise in what pledge or Decenary they were or of whom mainprised and in whose ward 2. Speciall SPeciall Coroners are Coroners of Liberties and of priviledged places as Coroner of the Verge viz. Coroner of the Protectors Houshold c. to demonstrate the distinction of the Authority and Jurisdiction of generall and speciall Coroners by Wrote and Wiggs Case in the fourth Reports fol. 45. and 46. Where it was resolved That at Common Law the Coroner of the KINGS House had an exempt jurisdiction within the Verge and the Coroner of the County cannot intermeddle therein as appeares by the preamble of the Statute of Articuli super Chartas Because that before this time many Felonies done within the Verge have beene unpunished and the reason and cause thereof was because the Coroners of the County are not suffered to interpose to enquire of Felonies within the Verge but the Coroner of the KINGS hostel which is passant By which it appears that the Coroner of the County could not intermeddle with the death of a man within the Verge but the Coroner of the Hostell onely And so was it adjudged Pasch 24 Eliz. in the Kings Bench where Swift was indicted before the Coroner of the County of Middlesex of a Murther done at Tuthil in the said County of Middlesex which Indictment was removed into the Kings Bench and there Swift pleaded that Tuthil was at the time of the murther and yet is within the verge c. upon which the Attorney did demur in Law and it depended in advisement three Terms and at length the plea was adjudged good and thereupon he was discharged of the Indictment for as the Coroner of the houshold cannot intermeddle within the County out of the verge because his Office extendeth not to it so the Coroner of the County cannot intermeddle within the verge and it shall be contrary
Fosgate within the said City betweene the houres of One and Two of the Clock in the Afternoone of this present first day of May twenty four good and lawfull men of the said City then and there to enquire upon the view of the body of A. B. there lying dead how and in what manner he came to his death faile not herein at your peril as you will answer the contrary Given under my hand and seal the c. 1658. By me I. C. c. When you come to the place appointed call the Baliffe Constable c. to make a returne of their Warrant Then command one to make three Proclamations calling the Jury after this manner You good men that are returned to appear here this present time to enquire for his Highnesse the Lord Protector c. answer to your names as you shall be called every man at the first call upon pain and peril that shall fall thereon And such of the Jury as faile to appeare shall be fined 40 s. The Jury appearing sweare fourteene or fifteene of them and give the fore-man his oath super visum corporis thus You shall diligently enquire and true presentment make on the behalfe of His Highnesse the LORD PROTECTOR c. how and in what manner A. B. here lying dead came to his death and you shall deliver up to me His Highnesses Coroner a true verdict thereof according to such evidence as shall be given up to you according to your knowledge so help you God c. Or thus You shall diligently enquire and true presentment make of such things as shall be given you in charge according to your evidence so helpe you God c. Then swear the rest by four at once thus All such oath as L. M. the fore-man of this Inquest for his part hath taken you and every one of you shall well and truly observe and keepe on your parts according to your evidence so helpe you God c. If the evidence be not ready you may adjourn untill another day and place to receive their evidence binding the Jury by recognizance in twenty pounds apiece for their appearance Then send out your warrant to the witnesses commanding them to come to be examined before you and to deliver their knowledge touching the matter in question taking their examinations in writing under their hands If it be about the triall of a mans life then must the witnesses be all bound over in twenty pounds apiece at the least personally to appear at the next assizes then ensuing to deliver their knowledge therein Their Recognizance must be made in this manner viz. The two and twentieth day of May in the year c. A. B. of C. in the aforesaid County acknowledges himselfe to owe and to be indebted c. under Condition c. That if the said A. B. do personally appeare before the Justices of Assize and Goal-delivery at the next Assizes to be holden at the Castle of Y. for the said County and then and there deliver and set forth his knowledge touching the death of E. F. and do not depart thence without license of the said Court That then this present Recognizance to be void and of none effect or else the same to stand remain and continue in force strength power and vertue Taken and acknowledged the two and twentieth day of May in the year 1658 aforesaid before me R. W. Gent. one of the Coroners of the County aforesaid R.W. Then command three Proclamations to be made thus If any man can give evidence on the behalfe of His Highnesse the Lord Protector c. how and in what manner A. B. here lying dead came to his death draw near and you shall be heard Evidence appearing give him or them this oath All such evidence as you shall give to this Enquest concerning the death of A. B. here lying dead shall be the truth the whole truth and nothing but the truth so help you God c. The Jury being all sworne command them to stand together and hear their charge the which I shal give you in briefe Gentlemen 1. You that are sworne you shall by your Oaths declare of the death of this man whether he died of felony or by mischance and if of felony whether of his owne or of anothers and if by mischance whether by the act of God or of man and if of samine whether of poverty or common pestilence and from whence he came and who he was and if he dyed of anothers felony who were principals and who accessaries and if Hue and Cry were duly made or not and whether the men fled according to law or not and who threatened him of his life or members and who were sureties for the Peace or whether he dyed of long imprisonment or of pain and by whom he was further from life and nearer to his death and so of all prevailing circumstances that can come by presumptions 2. And in case where he died by hurt or fall or other chance by the act of God so that he had no power to speake before his death then you shall enquire the names of the finders and of his next neighbours and who were his Parents and if he were killed there or elsewhere and if elsewhere by whom and how he was thence brought and the value and kinde of the Deodand and to whose hands it came for in case a man dieth by a fall in such case according to Glanvile it is ordained whatsoever is cause of his death is Deodand as it is for whatsoever moveth in the thing whereof he sell as Horse Cart Milstone also Vessels are sometimes Deodands but not in the Sea according to the maxime Omnia quae movent ad mortem sunt Deodanda but the sums upon the Horses the goods lying in Ships Mills Carts and Houses are not accounted for Deodands 3. And in case of anothers felony then you are to enquire who were the felons in what Hundred Pledge Dosein Ward or Mainprize they were and from whence they came and where they returned 4. And if he was killed by false judgement then you are to enquire who were the Judges who the Officers to form the Judgment and who accessaries and if of false witnesses who they were and the Jurors 5. And if he died of his own felony then that you enquire the manner and the value of his goods and the name of his parents and the finders and of the neighbours and the value of the waste Note that you are also to enquire of the Accessaries and they are nine in number viz. 1. Those who command 2. Those who conceale 3. Those who allow and consent 4. Those who see it 5. Those who help 6. Those who are Partners in the gaine 7. Those who knew thereof and did not interrupt or hinder it by forbidding 8. Those who knowingly receive such Offenders 9. Those who are in the force All which you are to enquire of Also
Appeal he shall never be received to make his Appeal afterwards Note That an Appeale of Death may be commenced before the CORONER and Processe awarded to the Exigent but the Pleashall not be determined before him Br. Appeale 62. the end Corone 82. Westminster 1. Cap. 10. The Sheriff shall have counter-rolls with the Coroners aswell of their Appeals as of Enquests of Attachments and of other things which to that Office appertains An Appeale of Murther by the wife of him that is slain A. B. the late Wife of C. B. in proper person instantly Appeales E. F. late of S. in the County of YORKE Gent. in the custody of H. R. Sheriffe of the County aforesaid and to the Barre brought in her owne person of the death of the aforesaid C. B. late her Husband of that that where the same C. B. the tenth day of May in the yeare of our Lord 1658. was in the peace of God and the said Common-wealth working and labouring in digging of Lime-stones in the Land of T. W. Esq called R. in a certaine place there called a stone Delph or pit at S. in the County aforesaid where there came the aforesaid E. F. as a Felon of the said Common-wealth and by assault and of malice fore-thought upon the aforesaid C. B. the said tenth day of May in the yeare c. aforesaid about the seventh houre in the forenoon of the same day by force and armes that is to say with staves knives swords c. at S. aforesaid in the place aforesaid an assault made and the same C. B. then and there feloniously and wilfully slew and murthered and the same C. B. so slain incontinently layd in a coner of the said stone delph or pit and covered him with the Lime-stones then and there lying in the said stone delph or pit in the Parish of S. in the County aforesaid against the publique peace and as soon as the same Felon the felony and murther aforesaid had done fled and the aforesaid A. B. then freshly pursued from Towne to Town as farre as four Townes next and farther untill c. And if the aforesaid E. F. the felony and murther aforesaid done will deny then the aforesaid A. B. is ready the felony and murther aforesaid against them to prove as the Court here c. and she found pledges of Prosecution of this Appeale to wit J. D. and R. R c. If the Appeale be by the heire of the person murthered then thus A. B. next of blood and Son and Heire of C. D. in proper person Appeals E F. late of S. in the County of Y. Gent. and G. H. late of R. in the County aforesaid Esquire in the custody of H. B. Sheriffe of the County aforesaid and to the Barre brought in his owne person of the death of the aforesaid C. D. lately his Father of that that where the same C. D. the day of c. in the yeare c. An Appeale of Mayheim A. B. in his proper person Appeales C. D. of S. in the County of Yorke Esquire for that that where A. B. was in the peace of the Common-wealth now at c. the same C. D. came and made an assault upon him of fore-thought malice and armed in such a manner cut off the right hand of the said A. B. or with such staffe struck him upon the head whereby he pierced the scull of his head or with a stone struck out his three fore-teeth whereby he maymed him feloniously and as soon c. and if c. the same A. B. this is ready against him to prove as the Court c. Of wounding thus A. B. in his proper person c. of that that where the said C. D c. the said A. B. with such a weapon strucke him and wounded him in such a part of his body which wound contained so much in length so much in breadth and so much in depth and this wound he gave him feloniously and as soone c. and if c. the same A. B. this is ready against him to prove as the Court c. An inquisition in Man-slaughter AN Inquisition indented taken at the Parish of S. in the County of Middlesex the 25th day of March in the yeare of our Lord 1659. before T. E. Gent. one of the Coroners of the County aaforsaid upon view of the body of W. F. then and there lying dead by the Oaths of I.W. R.W. H.P. I.A. I.B. L.S. ML I.K. S.B. W.H. R.G. N.D. good and lawfull men of the Parish aforesaid and of foure other Townes in the County aforesaid the said Parish next adjoyning who being sworne to enquire for the LORD PROTECTOR of the Common-wealth of England Scotland and Ireland c. When and by what meanes the said W. F. came to his death say upon their Oaths that the said E. L. late of the Parish of S. aforesaid in the County aforesaid Labourer the twentieth day of March in the year of our Lord 1659. aforesaid not having the feare of God before his eyes but being moved and seduced by the instigation of the Devill with force and armes c. at the Parish aforesaid in the County aforesaid in and upon the said W. F. in the peace of God and in the publique peace then and there being feloniously did make an assault And that the said E. L. the said W. F. then and there to the ground did throw and cast downe and the said E. L. with the left hand and both the feet of him the said E. L. the aforesaid W. F. so as aforesaid upon the ground lying in and upon the breast felloniously did strike beate and kicke giving to the said W. F. then and there with the said left hand and both the feete of the said E. L. in and upon the breast of the said W. F. one mortall bruise of the length of sixe inches and of the bredth of four inches of which said mortall bruise the said W. F. then and there instantly languished and lived languishing from the said nineteenth day of March untill the said 20th day of March on which said twentieth day of March in the yeare aforesaid the said W. F. at the Parish aforesaid in the County aforesaid of the mortall bruise aforesaid dyed And so the Iurors aforesaid upon their Oaths aforesaid do say that the said E. L the aforesaid W F. felloniously did kill and slay in manner and forme aforesaid against the publique peace What Goods and Chattels the said E. L. had at the time of the Felony aforesaid in manner and form aforesaid by him done and committed to the said Jurors is altogether unknown In witnesse whereof as well the Coroner aforesaid as the Jurors aforesaid to this Inquisition have set their Seales the day and year first above written An Inquisition in Man-slaughter where one was starved and perished for want of sustenance AN INQVISITION indented taken at Hamstead in the County of Middlesex the 20th day
of December in the yeare of our Lord God 1658. before I. G. Gent. one of the Coroners of his Highnesse the Lord Protector of the Common-wealth of ENGLAND c. of the County aforesaid upon view of the body of W.T. there lying dead and slaine By the Oath of R.H. W.P. T.E. M.W. I.M. N.D. A.P. P.B. R.B. R.C. I.B. E.F. I.W. I.C. I.H. D.C. I.S. I.M. good and lawfull men of Hampsteed aforesaid and of foure other Villages in the County aforesaid to Hampsteed aforesaid next adjoyning who being charged and sworne to enquire how when and after what manner the said W. T. came to his death doe say upon their Oaths that I. B of W. in the County aforesaid Taylor and S. his Wife not having God before their eyes but being moved and seduced by the instigation of the Devill the 20th day of November in the yeare of our Lord God 1658. aforesaid with Force and Armes c. at W. aforesaid in the County aforesaid in and upon the said W. T. then the Apprentice of him the said I. B. in the peace of God and in the publique peace then and there being feloniously wilfully and of their malice afore-thought did make an assault and that she the said S. then that is to say the said 20th day of November in the yeare aforesaid and divers other dayes and times as well before as after at W. aforesaid in the County aforesaid feloniously wilfully and of her malice afore-thought did withhold and with-draw from him the said W. T. and did not allow and give unto him the said W. T. good and sufficient Foode sustenance raiment lodging physicke and other necessaries with the intent the said W. T. for want thereof should miserably languish perish and dye of which said with-holding and with-drawing from him the said W. T. and not giving and allowing unto him the said W. T. good and sufficient food sustenance rayment lodging physicke and other necessaries by her the said S. the said W. T. from the said zoth day of November in the yeare aforesaid untill the 15th day of December then next ensuing in the yeare aforesaid at W. aforesaid in the County aforesaid miserably did languish and languishing miserably lived on which said 15th day of December in the yeare aforesaid the said W. T. for want of good sufficient food sustenance rayment lodging physicke and other necessaries at W. aforesaid in the County aforesaid miserably perished and dyed and that he the said J. B. together with the said S. his Wife at the time of the Felony and Murder aforesaid by the aforesaid S. in manner and sorme aforesaid done and committed Feloniously and wilfully and of his malice afore-thought was present abetting ayding assisting comforting and maintaining the said S. the said W. T. in manner and forme aforesaid to kill and murder And so the Jurors aforesaid do say upon their oath aforesaid that they the said I. B. and S. his Wife the said W. T. in manner and forme aforesaid seloniously wilfully and of their malice afore-thought did kill and murther against the publique peace c. And so the said W. T. came to his death and not otherwise nor any other manner then is as abovesaid what Goods and Chattels Lands or Tenements the said I. B. and S. his Wife at the time of the Felony and Murther aforesaid by them the said I. B. and S. his Wife in manner and forme aforesaid done and committed or any other time afterwards unto the taking of this Inquision had they the said Jury are altogether ignorant of In witnesse whereof as well the said Coroner as the said Jurors to this Inquisition have set their Seales the day and yeare first above written Inquisition where one is slaine by misfortune by a Cart loaden with hay AN Inquisition indented taken at c. Who say upon their Oaths that the aforesaid A. B. the tenth day of May in the yeare c. abovesaid at S. aforesaid in the County aforesaid going with his Cart from S. aforesaid to L. in the said County by the way between S. and L. aforesaid that is to say at c. aforesaid in the County aforesaid his said Cart loaded with Hay fell upon the body of the said A. B. and so bruised and brake his body that of that bruising and breaking the aforesaid A. B. then and there instantly dyed And so the Jurors aforesaid upon their Oaths aforesaid say that the aforesaid A. B. in manner and forme aforesaid by mis-forture to his death came And further the Jurors aforesaid upon their Oaths aforesaid say that then and there four horses with the Cart aforesaid and their load of Hay containing in weight by estimation fourty stone moved to death the aforesaid A. B. and that the aforesaid foure horses are of the price of eight pounds and ten shillings and that the aforesaid Horses and Cart remaine in the custody of C. D. of S. aforesaid to wit the late Wife of the aforesaid A. B. and that the aforesaid fourty stone of Hay is of the value of fourty five shillings and eight pence and remaine in the custody of E. F. of S. aforesaid Gent. In testimony whereof aswell the Coroners aforesaid as the Jurors c. Another where one by misfortune is slain by the fall off a Scaffold AN Inquisition indented taken c. who say upon their Oaths that the aforesaid P. H. the 25th day of August in the year c. abovesaid at St. K. aforesaid in the aforesaid County did set up a certaine Scaffold made of Deales and Fir-poles to the House of I. B. scituate and being at St. Katherines aforesaid there to tyle the said House And E. W. having M. C. the Daughter of W. C. an Infant in her armes going in the common High-way by the said House and the said P. H. being at worke alone then and there on the said Scaffold And the said Scaffold being made with rotten Timber one of the Fir-poles bearing the said Scaffold did break so that the said Scaffold did fall on the head of the said M. C. and the scull of the head of the said M. C. a little above the left eare of the said M. C. then and there did mortally bruise and breake of the length of two inches and of the breadth of one inch of which said mortall bruise and break the said M. C. instantly languished and lived languishing from the said 25th day of August in the yeare aforesaid untill the seven and twentieth day of the same moneth of Aug on which said seven and twentieth day of August in the yeare aforesaid the said M. C. at the Liberty aforesaid in the County aforesaid of the said mortall bruise and break dyed And so the Jury aforesaid upon their Oaths aforesaid say that the said H. P. the said M. C. did slay and kill by misfortune and against his will in manner and forme aforesaid What Goods and Chattels the said H. P. had at the time of the
c. Ass 13 E. 3. Avowry 105. If my Horse be in the keeping of another man he may be distrained if I be amercied in the Leet for stopping the High-way c. 47 E. 3. 12. But if an Inne-holder be amercied the horse of a stranger cannot be distrained 10 H. 7. fol. 21. Note that in 8 R. 2. Avowry 194. If one be amercied in the Sheriffs tourn the Sheriff may distrain throughout the whole County and in like manner if the amerciament be in a Leet throughout all the precincts of the Leet The Statute of 1 E. 4. expresly appoints that no fine or amerciament in the Tourn or Leet shal be levied unlesse it be certified at the next sessions of the peace by Indenture inrolled there and by processe made from the Justices of Peace to the Sheriffe or Steward How Presentments in Leets shall be traversable NOte Scard saith that if a thing be presented at the day in a Leet this is as Gospel if it passe that day without being repealed And therefore if a false presentment be made he shall have an action of false imprisonment the same day against the prosecutors but if he stay until another day it is otherwise and he who is amercied there for purpresture or other Nusance in Avowry for the amerciament he shall traverse in no point Wilby If it be presented that he hath levied a Ditch over the Highway if the presentment be false he shall have trespasse against him who throwes it down by force of such presentment And so of my house abated by reason of such false imprisonment Hil. 21. E. 3. Bar. 271. He who is amerced in a Leet may traverse the resiancy but he shall not say that the place where c. is within another view 4 E. 3. 12. 10 E. 3. 5. 41 E. 3. 26. But if he hath been sworn in my Leet he shall not have the traverse 4 E. 3. 31. 10 E. 3. 9. The Method of keeping the Sheriffs Tourn or Court Leet LEt the Sheriffe or Steward make a Precept unto the Bayliffe to summon the Court by a reasonable time to wit fifteene or sixteene dayes before the Court be kept if it be lesse time it is sufficient in Law the Precept must be made according to this subsequent President A. B Esquire Sheriff of the County of Y. To the Bayliffe of the Liberty or Weapentake of S. greeting I command you that you diligently summon the Court with view of franke-pledge to be held within the said Liberty the sixteenth day of August next ensuing about the hour of eight in the forenoon of the same day at the common Tollbooth of R. And this given under the seale of my Office the twenty eighth day of July in the yeare c. By the Sheriffe If it be a Court Leet held in a particular Hundred or Mannor of any Lord then the form of the Precept is thus A. B. Gent. Steward of I. N Esquire of his Hundred or of his Mannor of O. to the Bayliffe of the same Hundred or Mannor greeting Commanding thee that thou summon this Court with the view of Frank-pledge of the said Hundred or Mannor to be held at the accustomed place of S. the 16. day of August next ensuing And this given under my seale the twenty eighth day of July in the year c. By me A. B. Steward After the Steward hath placed himself in the Court he must first enter the title of the Court in the beginning of the Court-Roll with the name of the place where the Court is holden in this manner The entry of the Court ss The view of Frank-pledge with the Court of A. B. Sheriffe of the County of Y. there held on Tuesday the 16. day of August in the yeare c. By the Sheriff If In the Lords Court then thus ss The view of Frank-pledge with the Court of I. N. Esquire there held on Tuesday the c. By A. B. Steward Then cause the Bayliffe to make three Proclamations repeating them after the Steward in this manner Proclamation ALL manner of persons who were summoned to appear here this day to serve His Highnesse the Lord Protector and the Sheriffe or the Lord of the Mannor for his Court now holden draw near and give your attendance and every one answer to his name as he shall be called upon pain and peril that may fall thereon After all are called and those that are absent be marked to be amercied then the Steward shall cause the Bayliff again to make other three Proclamations viz. O yes c. causing the Bayliff to say Proclamation IF any man will be Essoyned come into Court and you shall be heard and all such persons as were Essoyned the last Court let them come in now and warrant their Essoyns otherwise they will be amercied And if any desire to be essoyned by the Tythingman or other neighbour then for the first Court they may be essoyned The Essoyn must be entred in this manner A. B. is essoyned by C. D. c. Inquire if there be any tenant in the Mannor that hath any action or cause of action since the last Court day let him put in his plaint sedente curiâ viz. the Court sitting and it shall be entred Inquire if there be any Precepts attachments or distresses depending in the Court rolls call them openly in the Court and know if the Bayliffe have executed them Also if there be any old Plaints depending in the Court Roll before this court holden cause the parties to be called before the inquest be charged Then impannel the Inquest comanding the fore-man to lay his hand upon the book swearing him as follows You shall sweare that you shall diligently inquire and true presentment make of all such things as you shall be charged with concerning his Highnesse the Lord Protector or the Lords Court of the Mannor you shall well and truly keep his Highnesses Counsel your Fellowes and your owne you shall not conceale nor hide any thing for favour feare promise or affection you bear to any person or persons or present any thing for hatred or malice you beare to any man but you shall present and tell the truth according as things may or shall come to your knowledge by information or otherwise making a true presentment thereof without concealment so helpe you God c. After the fore-man is particularly sworne cause foure at once of the Inquest to lay their right hands together on the book swearing them in this manner The same oath which A. B. your fore-man on his behalfe hath made you and every of you shall well and truly keep on your behalfes so help you God Swearing the rest accordingly After they are all sworn cause the Bayliffe to number them as the Steward doth read them Then command the Bayliffe to make Proclamation saying after the Steward Proclamation YOu good men that are impannelled to enquire for his Highnesse the
For every Phesant 20. s. and every Partridge 10. s. to be paid within 20. daies after conviction or one moneths imprisonment 51. Or if any do hawk or hunt with spanniels where corn growes except it be in his own ground The penalty is 40. s. to the party vexed 52. You shall enquire if any do destroy or kill hares by traceing in the snow with a dogg or otherwise The penalty to the Lord of the Leet for every hare is 6. s. 8. d. 53. You shall likewise enquire if any do break any pond pool or other pits wherein the Lord of the Leet hath fish to the intent to destroy and steal them away He shall pay to the Lord treble damages suffer imprisonment for 3. moneths and finde sureties for his good behaviour for seven years 54. You shall enquire of Evesdroppers such as stand under walls or windowes by night or day to hear newes and to carry it to others to make strife and debate amongst their neighbours these are evil members of the Commonwealth and here inquirable Such offendes are punishable according to the discretion of the Jury 55. You are to enquire if any refuse to go to Muster or absent himself without any lawful impediment The penalty is 40. s. and ten dayes imprisonment You shall enquire if any have put to pasture any stoned horses gelding or mare infected with the scab or other infectious or contagious disease into or upon any Common or Common fieldes The Penalty to the Lord of the Leet for every such horse so infected is 10. s. 57. You likewise shall enquire if Constables have been dilligent in seeing the peace kept observed watch and ward from the day of the Ascension until Michaelmas day every night from the setting of the Sun until its riseing 13. E. 1. c. 4. and if they have been remiss in any thing touching any part of their oath it is presentable For such neglect the Constables are fineable according to the discretion of the Jury Enquire the like of all the rest of the officers according to the places they are in as the Tythingman Surveyors of the high wayes Searchers and Sealers of Lether c. Â 58. You shall also enquire if any man hath given any Lands in Mortmaine viz to any Corporations or Fraternity Religious houses or Religious persons without licence Such gift or devise is void and the Lord shall have it 59. You shall also enquire of treasure trove viz. treasure found within the precincts of this Leete either within or above the ground the hiders not being known to any man It appertains to the Lord of the Leete 60. You shall likewise enquire of all Estrayes and waifes as if there be any Horses Mares or other cattel or Swans that have come within the Jurisdiction and remained there a year and a day and not claimed these are Estrayes The Lord may have them by prescription And Waifes are cattel stoln and waved out of the possession of him that stole them as a thief being pursued with hue and cry to save himself doth delinquish them they are called by the Civillians bona derelicta These Waifes appertein to his Highnesse unlesse the Lord have them by grant in his Charter But not to charge your patience with prolixities if there shall be any other matter come to your knowledge omitted in the charge and fitting to be presented you shall enquire and present it with the rest Then after the charge is concluded the Steward shall command the Cryer to make proclamation and after Proclamation made three times the Steward shall say If any can inform the Steward or this Inquest of any Treason petty treason Felony petty Larceny purpresture breaking of pondes or of Rescouse or of any other thing acted against the peace or of any misdemeanor of any officer or other person here or of any waife or stray Treasure found Mortmaine or of any other thing here to be enquired of come into Court and you shall be heard If any come in and appear let him be sworn thus The Evidence that you shall give to this Inquest shall be the truth the whole truth and nothing but the truth So help you God c. Then let the Steward say to the Jury Go together and enquire of the matters of your charge and when you are agreed I shall be ready to take your presenments Then adjourn the Court by Proclamation until after dinner in this manner All manner of persons that have any more to do at this Court may for the present time depart and appear here again at one of the clock in the afternoon After your return from dinner call the Court by proclamation and after O yes three times say All manner of persons that were adjourned over until one of the Clock or have any thing more to do at this Court let them come into Court and give their attendance or as they will answer the contrary at their perill Then take the presentments of the Jury if they be there ready with them otherwise give them a day to bring them in adjourning the Court till then At that day call the Court. And then call the Jury every man by his name and if they all appear take their presentments and ask them if they be all agreed if they say Yes Then ask them if they be content that their presentments shall be altered in form if they grant it then take them read them and amend the form if need require see that they be brought under their hands and seals for the Stewards warrant Then discharging the Court with Proclamation comand the Cryer to say O yes three times and say All manner of persons that have appeared and have any thing more to do at this Court Leete holden here this day Let them come forth and they shall be heard otherwise they may depart and are discharged of their attendance and are to keep their day again upon a new Summons I shall not need to trouble you with presidents of presentments seeing that they are so copiously performed by Mr. Kitching in his Jurisdiction of Courts and Wilkinson in his office of Sheriffs onely with three or four for methods sake A Presentment of Petty Treason FIrst the Jury aforesaid say and present upon their oath That A. B. c. at Skipton within the Jurisdiction of this Court as a Felon of his Highness the Lord Protector c. did make and coyn twenty silver peeces of money called shillings and forty silver peeces of money called half crownes falsely and felloniously having not first gotten his Highnesses Letters Patents against the peace of his said Highnesse and his Dignitie and against the form of the Statute in this case provided and published A Presentment of Felony for burning a house ALso they present That one A. B. of c. gent. such a day c. at C. within the Juridiction of this
Court by force and Armes c. willfully and feloniously of malice by him pretended did burn the house of one E. F. against his Highnesses peace and the peace of the Commonweall therefore the Bayliff is commanded to seise all his lands and tenements goods and chattells that he may answer for them to the Lord of this Mannor A Presentment of a Felon ALso they present That A. B. of c. Yeoman ' such a day c. at S. within the Jurisdiction of this Court by force and arms c. and against the publick peace the Close of C D. at S. aforesaid broke and entred into and one silk coat called Tabby of an Ash colour of the goods and chattels of the said C. D. then and there found feloniously took and carryed away Therefore it is commanded the Bayliff c. A Presentment of an Accessary ALso they present that A. B. of S. aforesaid gent. such a day c. at S. aforesaid within the Jurisdiction of this Court did councel provoked procured encouraged and abetted one C. D. c. one Cow of black colour c. of the chattel price c. of one c. then and there found feloniously to steal take and drive away and the said C. D. by vertue of the councel provocation procurement encouragment and abetment the aforesaid c. the said black Cow such a day c. year c. felloniously stole took and drove away c. The Oath of the Steward YOu shall swear that you well and truly shall serve the Lord of this Mannor of S. in the office of Steward and truly to see all plaints actions processe and matters in the Courts to be holden before the Lord of this Mannor and by you or your sufficient deputy according to the custome and Libertyes of the said Mannor to be entered and recorded as they ought to be after the best of your cuning skill and power taking for the same your due fees and the perquisites issues profits and amerciaments of the same Courts you shall justly and truly write and yearly extract for the levying and gathering thereof and you shall truly and diligently do and accomplish all other things appertaining to your said office after the best of your knowledge as near as Gods grace shall direct you So help you God c. The Oath of the Bayliff YOu shall swear that you shall well and truly serve his Highness the Lord Protector c. And the Lord of this Leete in the office of Bayliff for this year ensuing and shall well and truly collect all rents Revenues and other annual profits as shall be chargeable issuing out to you And of that you shall make and give a lawful account at the end of the same year and in every other thing appertaining to your office well and truly to discharge in your year ensuing So help you God c. The Oath of the Constable YOu shall swear that you well and truly shall serve his Highnesse the Lord Protector c. in the office of Constable-ship and as Constable of this Town of S. for and during the space of one whole year now next ensuing you shall endeavour your self to the utmost of your power to see the Publicke Peace kept and Watch and Ward observed and kept in this Town as hath been accustomed and as it ought to be likewise you shall endeavour your self to learn and understand the contents of the Statute of Winchester and diverse other Lawes and Statutes of this Nation made for the punishment of rogues vagabonds and sturdy beggars haunting and resorting within the precinct of your office and punish the offenders accordingly Also you shall punish all such persons as do or shall play at any unlawful games according to the Statute in that case made and provided You shall also have regard for the maintenance of Artilery within your said office and that you shall do and accomplish to the utmost of your power So help you God c. The Tithengman or petty Counstables Oath is after the same manner mutatis mutandis onely the Tithingman is sworn to attend on the Constable if he be required when he shall execute his Office Of the Affeerer and his Oath But first let us inquire what he is and from whence his name is derived Minsh saith that Affeerer cometh of the old French word Affeur'er which is to tax or fine and in Latine they are called Affidati as it were men put in trust and appointed to this Office which do affirm upon their Oathes what penalty they think in their conscience the offenders have deserved so that they may mulct such as have committed any fault which is arbitrably punishable and for which no expresse penalty is prescribed by statute The Oath is as followeth You and either of you shall swear that you will truly and indifferently tax assesse and affeer all such Amerciaments as are presented at this Court wherein you shall spare no man for love favour affection or corruption nor raise nor inhance upon any man of malice more grievous amercements then shall be thought reasonable according to the quality of the offence and the faults committed and not otherwise So help you God c. The Oath of the Ale-taster YOu shall well and truly swear that you shall well and truly serve his Highnesse the Lord Protector c. and the Lord of this Leete in the office of Aletaster or Assizor of this Liberty or Hundred for this year to come you shall duly and truly see from time to time that the bread brought to be sould be duly weighed and that the same to continue such weight according to the prices of wheat as by the Statute in that behalf is provided likewise you shall have diligent care during the time of your being in office to all the Brewers and Tiplers within your office that they and every of them do make good and wholesome Ale and Beer for mans body and that the same be not sould before it be assayed by you and then to be sold agreeable to the prices limitted and appointed by the Justices of Peace and all faults committed or done by the Bakers Brewers or Tiplers or by any of them you shall make known and present the same at this Court whereby due and condigne punishment may be inflicted upon them for their offences accordingly and in every other thing you shall well and truly behave your self in the said office for this year to come So help you God c. Of the Hayward Beadel or Greve and his Oath HAyward hath its derivation from the French word Haye i. e. sepes a hedge and Garde i. e. custodia a keeper of the hedges With us it signifies one that keepeth the Common heard of the Town and yet one part of his office is to look that they break not the hedges of inclosed grounds He is called by the Latines Bedellus i. e. oppidi vel civitatis servus You shall swear that you
shall well and truly serve his Highness the Lord Protector c. and the Lord of this Leete in the office of Hayward Beadel or Greve for this ensuing year and you shall duly and truly execute all Attachments and other process to you directed from the Lord or Steward of this Court and you shall present all pound breaches which shall be made within your office and also all Chattels Strayes and Waifes and in every other thing well and truly hold you in the same office So help you God c. It is usuall with Lords to grant their office of Bayliwick taking good securities in this manner A grant of a Bayliwick TO all to whom this present writing shall come A. B. of C. in the County of Y. sendeth greeting Know ye that I the said A. B. in the fidelity circumspection and due diligence of my beloved servant E. F. to me and my posterity hereafter to be done and performed very much relying and confiding Have made ordained and by this my present writing constituted the said E. F. of Town Mannor or Lordship of S. in the said County of Y. Collector and Receiver of all and singular my Rents Revennues Fines Amerciaments and Estreates of Court Leets or viewes of Frank-pledge there And of all other profits by reason of the said Court Leet or view of Frank-pledge any way arising emergent or coming to have hold exercise and occupie the said office to the said E. F. by himself so long as he shall well behave himself towards me and shall a true and just account of his Receits make unto me and the same shall well and truly pay and satisfie Takeing of me for his yearly wages 5l at the Feasts c. by equal portions by mine own hands after his account and full payment at every half year and the gifts rewards and emoluments to the same office due and accustomed In testimony whereof c. Curia Dominicalis OR COURT-BARON Of the first Original and Institution of Mannors and of this Court IF we labour to investigate the Antiquitie of Court-Baron we shall finde them as Ancient as Mannors themselves therefore we will inquire what a Mannor is together with the first institution of Mannors The word Mannor Manerium est nomen collectivum generale it comprehends Houses Lands Gardens trees c. and hath its Etimologie as some derive it a Manendo and then it taketh its name either from the Mannor House which the Lord maketh his dwelling place or else a manendo quia Dominus ac tenentes in Manerii sui circuitu cobabitant ac manent others compute its denomination from the Latin Manerium quasi Manurium because it is laboured with handy work by the Lord himself or which the Tenants are obliged to manure or else from the Lands remaining in the Tenants hands which are likewise tilled and manured others would have its appellation from the French word Manoir i. e. Mansions because the Lord remaineth there and hath his house which is called the principal house of the Mannor or from the French word Mesner which signifies to govern or guide because the Lord of a Mannor hath the guiding and directing of all his Tenants within the limits of his Jurisdiction and this is holden by some to be the most probable Etimologie and most consentaneous to the nature of a Mannor for a Mannor hisce diebus signifieth the Jurisdiction and Royaltie incorporate rather then the Lande or Scite When the pristine Kings of this Commonwealth who had all the lands of England in Demesne did conferr great quantities of land upon some great Personages with liberty to parcel the land out to other inferior Tenants reserving such duties and services as they thought convenient Such lands were called Mannors a Mannor consisting of two parts viz. 1. Demesne 2. Services And neither of them can make a Mannor without the other for a Messuage or Lands cannot be called demesnes without Tenants belonging to them to pay Rent and do services so on the other part though a man have Tenants to pay him Rents and do him service and no Messuage or lands whereupon to keep his Court. and to receive his Rents and services this cannot be called a Mannor but onely a Signtory ingrosse F. N. B. 3. 8. Likewise a Mannor must be by prescription and the services by continuance time out of minde and therefore a Mannor cannot be created at this day by the Protectors Patent it being an hereditament consisting of many real things and incorporated together before time of memory then a multo fortiori a subject cannot creat one yet may he in some sort enlarge a Mannor by adding some services unto it 9. Ass pl. 24 Br. tit tenure 26. A Customary Mannor what it is and what may be a good Mannor to maintain Coppy-holders NOw though a Mannor by his proper nature ought to consist of Demesnes and Services Yet in some cases that may be a Mannor and maintain Coppyholders and a Court Baron by usuage and custome which otherwise by Common law is no Manor nor can be so called c. As if diverse do hold lands by Coppy of the Mannor of Dale and so have done time out of minde and the like time there hath been no Freeholders to the said Mannor although this be no Mannor in his proper nature yet by usuage and custome it is a good Mannor to maintain Coppyhoders Carthrops Readings 12. And in Coo. 11. 17. 18. Sr. Henry Nevils case it is cleerly resolved by the whole Court that there may be a Customary Mannor and held by Coppy and that such a Customary Lord may hold Courts and grant Coppies and that such a Customary Mannor may passe by Surrender and Admittance and that Fines shall be paid upon admittance as well upon alienation as upon discent and there may be also a Customary Lord Mesne and a Customary Tenant as in case where the Mesnalty is a Tenancy at will at the common law of a Mannor and also if such a Customary Mannor be forfeited the Lord shall have the customes and services as appertaining unto the same and it is there said that the Mannor of Aylesham in the County of Norff. is held by Coppy By what names a Mannor may passe A Mannor may pass by several names as it may be known by the name of Priory or Chantery as appeareth by the book of 17. E. 3. fo 8. where a feofment was made of a Mannor by the name of Knights fee and this is there held to be good this having usually carryed the name of Knights fee and the same may well pass by this name either by Fine or by Feofment and in another place a Mannor was cognitum vocatum by the name of seven yard land as well as by the name of Mannor and passed How Court Barons were first Instituted At the Creation of Mannors the King delegated Courts to the Lords where
quod sit ita justus quod ob vindictam vel cupiditatem non quaerat versus tenentes Domini vel aliquos sibi subditos occasiones injustas per quas destrui debeant seu graviter amerciari The difference betwixt Court-Leet and Court Baron HAving travelled thus far in this pen-beaten way we will now inquire the difference between Court-Leet and Court-Baron and here these Courts differ from Court-Leets in divers respects and first in this that Court-Barons by the Law may be kept once every three weeks or as some thinke as often as it shall please the Lord of the Mannor though for the better ease both of Lords and tenants they are kept but very seldome but a Court-Leet by the Statute of Magna Charta cap. 35. 31 E. 3. cap. 15. is to be kept but twice every year one time within the Month after Easter and another time within a Month after Michaelmas 2. Secondly in this that Court-Barons may be kept in any place within the Mannor but a Court-Leet by the said Statute of Magna Charta is to be kept in certo loco ac determinato within the precinct 3. Thirdly in this that originally Court-Barons belonged unto inferior Lords of Mannors but Court-Leets belonged unto the King only 4. Fourthly in this that Court-Barons are inseperably incident to every Mannor so that every Lord of a Mannor may keep a Court-Baron but few have Leets for inferior Lords of Mannors cannot keep Court Leets without speciall prescription or some speciall patent from the King 5. Fifthly in this that in Court-Barons the Suitors are Judges but in Court-Leets the Steward is Judge 6. Sixthly in this that in Court-Barons the Jury consisteth oftentimes of lesse then twelve in Court-Leets never because none are impannelled upon the Jury but Freeholders in Court-Barons of the same Mannor but in Court-Leets strangers are oftentimes impannelled 7. Seventhly in this that Court-Barons cannot subsist without two Suitors ad minimum but Court-Leets can well subsist without any Suitors 8. Eighthly in this that Court-Barons enquire of no offences committed against the Protector but Court-Leets enquire of all offences under High-Treason committed against the State and dignity of the Protector 9. In many other respects they differ as that a Writ of error lieth upon a Judgement given in a Court-Leet but not in a Court-Baron 10. So in a Court-Leet a capias lieth but in a Court-Baron instead of a capias is used an Attachment by goods 11. So in a Court-Baron an action of Debt lieth for the Lord himselfe becanse the Suitors are Judges but in a Court-Leet the Lord cannot maintain any action sor himselfe because the Steward is judge Of the time when and place where this Court is to be kept THE usual and accustomed time is to keep it once every three weeks and although no Court hath time out of minde been holden within the Mannor yet it is not thereby extinct and lost for it is incident to a Mannor of Common right Coo. l. 4. 26. and 6. 27. a. And to the place where it is to be kept it may be kept and holden in any place within the Mannor as the County Court in any place within the County and Hundred-Court in any place within the Hundred for as to every Mannor a Court is requisite and incident to it so is it transitory throughout the whole Mannor and every part of the Demesnes of the Mannor is capable of a Court to be holden there But if it be holden out of the Mannor it is void unlesse a Lord being seized of two or three Mannors and hath usually time out of minde holden at one of his Mannors Courts for all his said Mannors there by custome such Courts are sufficient in Law though they be not holden within the severall Mannors The manner and Method of keeping the Court. THE Court-Baron of A. B. Esquire of his Court-Baron aforesaid held the 18. day of October in the year of our Lord 1658. before C. D. Steward there After you have entered the Stile of the Court command the Bayliffe to make Proclamation O yes c. and say All manner of Persons that have been summoned to appear here this day or have any thing to do at this Court draw near and give your attendance Or if any will be Essoyned or enter any plaints let them come forth and they shall be heard Which Essoyn is thus entred viz. A. B. is Essoyned for suit of Court by C. D. And Plaints are entred in this manner A. B. complains against C. D. of a plea of Trespasse debt or as the case requires And the proceeds upon plaints are the very same as in the County Court Call the Freeholders and those that make default let them be amerced in this manner viz. A. B. Esquire and C. D. Yeoman are Free-holders of this Court and have made default therefore each of them is amerced as may appeare upon their heads Then enter over their heads thus Amerced two pence Then command the Bayliffe to call the Jurors I. D. Jur. C. D. Jur. B. A. Jur. R. R. H. I. D. C. S. T. K. L. F. E. V. W. M. N. R. P. Then call the Foreman to the Booke and swear him after this manner You shall swear that you as Foreman of this Homage with the rest of your fellowes shall duly inquire and true presentment make of all such articles and things as shall be given you in charge and therein you shall spare no man for love favour or affection nor present any man for malice hatred or envy but according as things here presentable shall or may come to your knowledge by information or otherwise So shall you make there true presentment without concealment So help you God c. The Foreman being sworne call the rest by their names and sweare them by soure at a time in this manner The same oath that I. D. your Foreman hath taken before you on his part you and every one of you shall observe and keepe of your parts So helpe you God c. After the Inquest thus impannelled and sworn make another O yes and say You good men that are impannelled draw near and you and all other keep silence during the Charge An Exhortation to the Jury MY MASTERS YOU that be sworne before I give you your Charge I think it necessary to declare by what authority you are commanded hither and for what cause Chiefely you are appointed to be and appeare here being that you are the Lords Tenants and are obliged by reason thereof to appeare at the Lords Court-Baron when it snall be holden according to the Law and Custome of this Mannor that is to say at every three weekes end being warned and being by the same authority there to end and determine injuries trespasses debts and other actions where the debt or damage is under forty shillings And also that nothing be acted within the
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
all the vacant and waste land within the Mannor belongeth to the Lord of the Mannor 30 You shall also enquire whether any person hath plowed up or removed away any Mere marks baulks or limits between one piece of Land and another and present it 31 Also you shall enquire if any have stalked with a bush or beast to kill Deere which is in the Lords Close or Parke and present it 32 You shall also enquire if any person hath concealeth or keepeth away any Evidences Charters or Court Rolls Customary terres or any other evidence which concerns the Lordship or any parcel thereof and present it 33 Also you shall enquire if any person have fished fowled hawked or hunted in this Lordship or Lords Warren and present it 34 You shall enquire also if any person have taken any Feasant Partridges with net snare or other Engine upon the Free-Hold of the Lord of this Mannor and present it 35 Also you shall enquire if any have taken away any Swans Signets or eggs of the Lords Swans out of their nests and present it 36 You shall likewise enquire if any lands of the Lord be concealed or kept back or occupied by any without the license of the Lord Also what land it is and how much land hath been so occupied and of what value by the yeare the same is and present it 37 Also you shall enquire if any Trespasse be done in any of the Lords liberty viz. in his Corne Grasse Meadows Pasture Woods Hedges Waters or Pounds or if any take Hawks or ayre of Hawks or such like trespasse and present them 38 You also shall enquire if any Land be inclosed and the same kept in severalty which ought to lye open without licence of the Lord and other Free-holders you shall present it for no Tenant of the Lordship shall loose the Common in the same 39 Also if any Copyholder let his Copyhold Land for longer time then a yeare and a day without licence except it be by Custome that he may let for longer time and if he do it is forfeiture and present the same 40 You shall also enquire whether any Tenant for yeares or life have granted any greater or larger estate then they had in their Lands or Tenements and present it for that is a forfeiture of their estate 41. Likewise you shall enquire if the Bayliff Headborough Constable and Hayward and all other Officers have well and truly executed their offices and present it 42. You shall likewise enquire whether all the defaults and plaints that were prosecuted at the last Court be sufficiently amended and whether all the orders and Lawes heretofore made be observed and kept and present it 43. To conclude you shall enquire of all other things by me omitted which you know to appertain to your charge and by the Oaths that you have taken you shall truly and diligently enquire of all the premisses and plainly without concealing of any fault and make a return of your presentment subscribed with your hands and sealed with your seals by three a clock in the afternoon Then command the Bayliffe to make proclamation O yes and adjourn the Court till after dinner in this manner All manner of persons that have any more to do at this Court may for this time depart and keepe their hour here at two of the clock in the afternoon After your return from Dinner if any surrenders or admittances be to be made or Actions to be tried let them be done Otherwise call the Jury for their presentments if they be ready and swear two affeerers to affer them as before at the Leet Then discharge the Court the Bayliffe making an O yes thus All manner of persons that have any more to do at this Court holden here this day let them come forth and they shall be heard otherwise they every one else may for this time depart and keep their day here upon a new warning And so God save the Lord Protector and the Lord of this Mannor Some select cases out of the new Reports and others concerning the Lord Copyholder and Copyholds Surrenders Forfeitures c. First of the Lord. HEe that is a Lord to grant and allow a Copyhold must be such a one as by Littletons definition is seised of a Mannor so that he must be in possession at the time of the grant for though he have good right and title yet if he be not in possession of the Mannor it will not serve And on the other side if he be in possession of the Mannor though he have neither right nor title thereunto yet in many cases the grant and allowance of such a Copy is good as he is Dominus de facto sed non de jure Calthrop 48. A Copyhold granted by a Disseisor or any other who hath the Mannor of which it is parcell by wrong shall be avoyded by the Disseisee or any other who hath right to the Mannor by his entry or recovery of the Mannor Pophams Rep. fo 71. Yet it was agreed that admittance upon surrenders of Copyholders in fee to the use of another or if an heire in case of a dissent of a Copyhold were good being made by a Disseisor of a Mannor or any other who hath it by Tort because these are acts of necessity and for the benefit of a stranger viz. of him who is to have the Land by the surrender or of the heire And also Grants made by Copy by the Feoffee upon Condition of a Mannor before the Condition broken are good because he was lawfully Dominus protempore ibid. If a Lord grant a Copy in Fee having but an estate for life in the Copyhold no larger estate shall passe then he himselfe hath Quia nemo potest plus juris in altenum transferre quam ipse habet Co. of Copy-holds fol. 96. If the Lord of a Mannor taketh a Wife and after maketh Copyhold estates according to the Custome and dyeth though the Feme hath this Mannor assigned unto her for her Dower yet cannot she avoyd the Copyhold estates because the Copyholders are in by a title paramount the title of the Feme viz. by Custome Co. of Copyholds 45. Secondly of the Copy-holder HE is Tenant by copy of Court-roll being admitted of Lands or Tenements within a Mannor that time out of minde by use and custome of the said Mannor have been demiseable and demised to such as will take the same in Fee in Fee-taile for life yeares or at will according to the custome of the said Mannor by Copy of Court roll of the same Mannor West part 1. Sym. lib. 2. sect 646. And that person is sufficient to be a Copyholder who is of himselfe able or by another to do the service of a Copyholder as an Infant may be a Copyholder for his Guardian and prochein amy may doe the service But a Lunatick
Copyhold to the Lord of the Mannor which hath the Mannor in lease for yeares the Copyhold estate is thereby extinguished And if a Copyholder come into Court and sayes that he is weary of his Copyhold and requests the Lord to take it this is a surrender for between the Lord and the Tenant a conveyance shall not need to be according to the custome for the Copyholder hath no other use of the Custome but onely to convey the Land to another Vide Co. 4. in his Copyhold cases that a Release by him who hath right to a Copy-hold to one who is admitted Copyholder extinguisheth the right of the Copyhold by Deed And if a Copyholder release to the Lord that extinguisheth the Copyhold although it be contrary to the nature of a release to give a possession Huttons Rep. fo 65. Blemerhassets case If the Copyholder surrender to the use of his right heires the Land shall remaine in the Lord untill the death of the Copyholder for then his heire is known c. See Dyer 99. Leonards first part rep 133. If a man seised of Copyhold land in the right of his Wife or Tenant in taile of a Copyhold doth surrender to the use of another in Fee the same doth not make any discontinuauce but that the issue in tayle and the Wife may respectively enter Leonards first Rep. fo 124. An Insant who surrenders his Copyhold land within age may enter at his full age without being put to any suit for it Poph. Rep. fol. 39. It was resolved by all the Barons of the Exchequer Pasch 4. Iac. That if a Copyholder surrender to the use of a younger sonne and dyes that this younger sonne cannot bring an Action till admittance but if the Copyhold be discended to the heire he may have an Action before admittance See Co. 4. fol. 22. Copyhold cases it was likewise said That all Copyholders of the KINGS Mannors may now have admittance into their Copyhold estates well enough and the order for the stay of their admittances which was made heretofore is now dissolved and quashed Lanes Rep. fol. 20. A Copyholder surrendred out of Court according to the Custome of the Mannor which at the next Court was presented and entry thereof made by the Steward viz. Compertum est homagium c. but no admittance and afterwards Cestuy que use surrenders before admittance and the first Copyholder surrenders to the Plaintiffe and in this case there was two questions First whether he may surrender before admittance The second was who shall have the land whether the Copyholder or the Lord and it was held that he could not surrender before admittance and the entry of the surrender doth not make admittance for this being the sole act of the Steward shall not binde the Lord and it is not like to the usuall forme of an admittance viz. Dat domino de Fine fecit fidelitatem admissus est inde tenens and it was agreed to and said that in Hare and Bricklegs Case the admittance of a Copyholder was compared to the induction to a Benefice which gives the possession Poph. fol. 128. A Copyhold cannot be surrendred to another by an Attorney without Deed but one may be admitted to a Copyhold estate by Attorney without a Deed. For there is a difference betwixt the passing of an estate and the receiving of an estate passed Prac. Regist tit Surrender 2. Apr. 1650. B. R. VVhat shall be said a reasonable Fine for a Copyholder to pay upon his admittance HIl 5 Car. Rot. 125. Dow and others against Golding in trespasse upon a Demurrer and the question was whether the Lord of a Mannor may assesse two years and a half value of land according to racked Rent for a Fine upon grant of a Copyhold and for non-payment entry for forfeiture And all the Court conceived that one yeare and a halfe of Rent improved is high enough and the Desendant assessing two yeares and a halfe it is unreasonable and therefore the Plaintiffe might well refuse the payment thereof and consequently the entry of the Defendant for a forfeiture not justifiable Crook 1 part fol. 142. VVhat shall make a Forfeiture of Copyhold estates and what not WEe now descend to Forfeitures of Copyhold estates both what shall be and what shall not be forfeited First In a Forfeiture of a Copyhold estate by making of a Lease of his Copyhold land contrary to the custome there ought to be very direct and certaine proof made of a certaine Lease with a certaine beginning and ending of it and likewise of any other thing supposed to be acted and done by a Copy-holder and contrary to the custome of the Mannor thereby to make a forfeiture of his Copyhold estate it must also appeare certaine to the Court for if a stranger shall come and make oath to this purpose it shall not be of any force or effect to prove a forfeiture especially if the Copyholder still continue in possession and so dyes seised of his Copyhold estate and never came in question till after his death And if such a presentment shall be allowed in the Lords Court upon an oath made by a stranger as to make a Copyhold estate every Copyholder might be in danger to lose his Copyhold estate Or if a Copy-holder did promise to make a Lease and it is not proved in facto that he did make the same this is no forfeiture of his Copyhold estate Or if a Copy-holder do make a lease of his Copyhold land and so a forfeiture being contrary to the custome of the Mannor if after this he continues still in possession and the Lord of the Mannor dyes and afterwards his Widow or he who hath the Mannor doth receive Rent from the Copyholder he shall never after acceptance of Rent take any benefit or advantage of the forfeiture Bolstrod first part fo 50. If a Lessee for life build a house upon his land and afterwards pulls it downe again this is a forfeiture of the Copyhold ibid fol. 50. If a custome be that a Copyholder may pull downe houses such a custome is not good if the custome be for a Copyholder to cut downe trees in this for the warranting of such a custom the difference will be this if he be a Copyholder of inheritance then such a custome to cut down trees for such a Copyholder will be a good custome but otherwise it is if he be a Copyholder for life there such custome is not good Ibid. fol. 51. If a Copyholder erect a house and pull it down again it is a cleare forfeiture of his Copyhold estate Ibidem 52. By the Law of the Land every Copyholder may make a Lease for a yeare without forfeiture Yet admit it be a forfeiture if the Lord take a surrender and enters not for the forfeiture but makes a Lease for yeares his Lessee shall not enter for the forfeiture for the Lessee cannot when
the Lord allows thereof Yet to the Lease for one yeare it was answered That he must have a speciall custome or else it is not good unlesse it be for a tryall of a Title which hath been allowed because it is for reducing a Rite and for the Lords benefit And to the second it was said that admitting it is a forfieture yet the Lords acceptance of the surrender not knowing of the forfeiture is no dispensation therewith and consequently that the Lords Lessee hath a good estate and right in him for which his entry is lawfull this was approved good by the Court and the first part over-ruled Crook Rep. fo 169. A COPYHOLDER made a Lease for one yeare Et sic de anno in annum during the life of the Copyholder excepting one day at the end of every year for the Copyholder to enter and this onely for to avoid a forfeiture but it was cleerly resolved Mic. 8. Jac. B. R. rot 602. that this is a forefeiture of his Copyhold estate for if a Lease be made de anno in annum this must of necessity be a Lease for twenty and two years and so is Potkins case in 14. H. 8. fo 14. As to the reservation of one day at the end of every year to make his lease but for one year and so to be warrantable by the custome it will nothing avail him though he had excepted a moneth at the end of every year it would have been to no purpose for by this invention he hath a purpose to cheat and deceive his Lord but he is deceived himself Bolstrod 1. part fo 215. Iutterels case Mic 8. Jac. B. R. rot 602. If a Copyholder make a Lease for years to comence at Michaelmas it is a forfeiture presently Hetleys rep fo 122. A Copyholder may hedge and inclose but not where it was never inclosed before and he may dig for marl without any danger of forfeiture but he ought to lay the said marl upon the same Copyhold land and not upon other Land Easter 19. Jac. Winch. rep fo 8. But if land be digged to make a banck and if more be digged then is necessary it is wast and if it be not cast down for the land might be made barren 41. E. 3. Wast 82. The heir before admittance may enter and take the profits and make a Lease according to the custome or bring an action of treaspase against him who disturbes him But if the Lord require his Fine or his services and the heir refuse to do them this may be a forfeiture of his Copyhold But until lawful seisin made by the Lord because it belongeth to him the heir may intermeddle with the possession though he be not admited by the Lord where it is an Estate of inhetance by the custome Pophams rep fo 39. It is a forfeiture of a Copyhold for the Copyholder to refuse to pay his Fine if it be a Fine certain but if he refuse to pay a Fine incertain after it is set quaere whether it be a forfeiture or not for that Fine may be unreasonable See before forfit Or if he refuse to appear at his Lords Court and to do his service there Prac. Regist tit fo forfit Trin. 24. Car. R. B. yet if the Copyholders dwell in a Town far distant from the Mannor a general warning within the Mannor is not sufficient but there ought to be to the person notice of the day when the Court shall be holden c. For his not coming in such case cannot be called a voluntary refusal so if a man be of that debility in body as he cannot travel without danger so if he have a great office c. these are good and strenuous causes of excuse It was likewise holden that if a Copyholder makes default at the Court and be there amerced although that the amerciament be not estreated or levyed yet it is a dispensation of the forfeiture But note that a general warning within the parish is sufficient for if the tenant himself be not resident upon his Copy-hold but elsewhere his Farmer may send notice to him of the Court Leonards rep first part fo 133. And note further by Hetly in his rep fo 7. Pasc 3 Car. C. B. that if a Copyholder be summoned to the Court by Common Proclamation or expresse notice and he does not appear it is no forfeiture because it is but a failer of service and no denyal and for the neglect he may be punished and fined If a man seised of Copyhold land in the right of his wife surrendreth the same to the use of another and the Husband dyeth it is no discontinuance to the Wife but that the Wife may enter and shall not be put to a Cui in vita nor the heir to sue a Cui in vita Coo. 4. 23. And if a Copyholder for Life surrendreth to the use of another in Fee it is no forfeiture for it passeth by surrender to the Lord and not by Livery and Copyhold Estates shall not have such qualities as Estates at Common Law have without special custome Ibidem Of the Office and Dutie of the Steward STeward in the Latine is called Seneschallas and is derived from the French word Sein a house or place and Schale an Officer or Governour some say that Sen is an ancient word for Justice so as Seneschal should signifie officiarius justiciae As to the word Steward it seemeth to be compounded of Stew and Ward and is a word of many applications yet alwaies signifieth an Officer of chief account within the place of his sway In this place it signifieth an officer of Justice viz. a keeper of Courts c. therefore for the prevention of many inconveniencies it would be no disadvantage to Lords to elect and constitute such as are exercised in the studies of the Provincial Lawes of this Commonwealth and the customes of Mannors Fleta lib. 2. cap. 26. describes the office of a Steward and councelleth Lords of Mannors and Liberties to provide or elect their Stewards in these words Provideat sibi Dominus de seneschallo circumspecto fideli viro provido discreto gratioso humili pudico pacifico modesto qui in legibus consuetudinibusque provinciae officio seneschalliae se cognoscat jura Domini sui in omnibus teneri affectet c. cujus officium est curias tenere Maneriorum de substractationibus consuetudinum servitiorum reddituum sectarum ad curiam mercata molendina domini advisus Franci-plegiorum aliarumque libertatum Domino pertinentium inquirat c. By which description it is observed that he ought to have a double qualification viz. 1. In Moralibus 2. In Judicialibus 1. In moralibus he must be qualified with these properties viz. Circumspection fidelity providence discretion c. which may be reduced to two general heads to wit verity and Industry 2. In Judicialibus and therein
he must be attended by the property of Knowledge as to be expert in the lawes of the Countrey and the customes of the Mannor and have ability to instruct and direct the Bayliffs and other ministers in dubious things Let us now descend to demonstrate his retainer into office c. A Lord of a Mannor may by parol retain one to be Steward of his Mannor and to hold the Courts thereof as well as a Bayliff may be and that by word and this retainer shall be as effectual in all points before discharge as the most effectual institution by Patent yet most commonly they have patents for their offices Co. 4. 30. and therewith accorderh 8 Eliz Dyer 248. Likewise it was adjudged in the common pleas in the Lady Julian Holcrofts case that whereas one was generally retained by the Lord of a Mannor by parol to be Steward of a Mannor and to keep his Courts that such Steward may take surrender of customary tenants out of the Court or make voluntary admittances or any other act incident to the office of a Steward for till such Steward be discharged he is Steward of the Mannor as well by the retainer by word as if he had a grant thereof by Patent Leon. fo 309. He represents the person of the Lord in many things for in the absence of the Lord he sitteth in Court as Judge to punish offences to determine controversies redresse injuries c. he acts some things in the Lords name and not in his own name for if the Steward admit any Copyholder or by special Authority or particular custome licence a Copyholder to Alien this admittance and licence shall be made in the Lords name and the entery in the Roll shall be Quod dominus per senescallum admisis licentiavit c. Co. of Copyholds fo 143. He must take care to Record and Enrol all the Conveyances of estates for it hath behn holden by some That if the Lord in open Court grant a Copyhold estate and no entry is made thereof in the Court Rolls that the grant is inavlid and that no collateral will make it valid Carthrop fo 47. But if the tenant have no Copy or lose his Copy the roll of the Court is a good evidence And if the wills be lost it is thought cleerly it may be supplyed by proof ibidem At every Court he is to swear some of the Tenants which is called the Homage these he chargeth with the Articles before mentioned and upon them they do present and upon this presentment the Steward is to proceed as upon the presentment in a Leet save onely that as it is said the Lord cannot bring an action of debt but is onely to distraine for the amerciament in this Court 2 H. 4. 24. For by the Common Law he hath no authority to assesse amerciaments or Fines in a Court-Baron but the suitors for they are the Judges and not the Steward Leonards rep first part 299. If the Steward take a bribe or use partiallity in any case depending before him of which crime many are too culpable or if by his Patent he be obliged to keep Court at certain times of the year and failes thereof the Lord receiving prejudice thereby not otherwise or if he be by his Patent obliged to keep Court upon demand or request to be made by the Lord and upon request and demand by the Lord he refuseth these and the like cases will make him subject to a forfeiture Co. of Copyholds fo 146. c. Of the Fees of the Court-Baron AS for the Fees of this Court they much differ and are by Law what they have been by custome time out of minde For some take the same Fees as are taken in the County court And other Courts take the Fees which follow The Stewards Fees FOr entring every Essoyne 00-00-02 Entering every action 00-00-02 Every Order entered 00-00-04 Entering a Declaration if it be large then more 00 00-04 Every Processe 00 00 04 Entering every plea or answer 00-00 04 Every Continuance 00-00-02 Every wager of Law and entry 00 00-02 Warrants for witnesses and summoning Juries 00-00-04 Every Non-suite and detraxit 00 00-04 Entering the Judgement 00 00-04 Satisfaction acknowledged 00-00 02 For removing and certifying a cause 00-06-08 The Bayliffs Fees FOr every Summons and entrance 00-00-08 For executing every Processe 00-00-04 For every shilling upon Judgment 00-00-01 For summoning the Jury 00-01-00 For summoning of Witnesses upon a Warrant 00 00-04 For every Oath 00 00-02 If there be Attorneyes then their Fees are FOr every cause if it be heard 00-01-00 For drawing the Declaration 00-00-06 For every Court the cause dependeth after he is reteined 00-00-06 See more in the Fees of the County Court The Oath of the Bayliff of a Mannor YOu shall swear that you shal well and truly serve his Highness the Lord Protector and the Lord of this Monnor for the year to come in the Office of Bayliff of the same Mannor and you shall duly and truly gather all such rents revenues or other yearly profits as shall be extracted out unto you and therefore you shall make and yield up a true account at the end of the said year and in every thing you shall well and honesty behave your self in the said office during the time aforesaid So help you God c. The Bayliff must be sworn before the Court end The form and method of Presentments which are to be drawn by the Steward I shall not trouble you with being copiously performed by Mr. Wilkinson in his office of Sheriffs fo 218 219 220 c. onely take these subsequent for methods sake The finding of the death of a Tenant and of a Surrender made to the use of his Will with an admission of the Tenant according to the Will THe Homage do further present that A. B. the elder Copyhold tenant of this Mannor dyed after the last Court and that he the said A. B. before his death that is to say the tenth day of May in the year c did surrender into the hands of the Lord of this Mannor by the hands of C. D. Copyhold Tenant of the said Mannor all and singular his Copyhold lands Tenements and Hereditaments holden of this Mannor to the behoofe and use of his Testament and last Will. And now at this Court came E. F. the eldest son of the said A. B. and doth bring here into the Court the Testament and last Will of the said A. B. bearing date c. before G. H. Deputy Commissary of I. A. in and through the whole Arch Deaconry of W. approved the tenor of which said Will as to the Copyhold lands doth follow in these words that is to say Item I give unto E. my Son c. as by the said Testament and last Will of the said A. B. more at large appeareth And he doth crave of the grace of the Lord to be admitted to
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
Court that is to say the tenth day of May in the year c. did surrender into the hands of the Lord of this Mannor by the hands of S. N. Copyhold Tenants of this Mannor in the presence of I. G. and G. F. likewise Copyhold Tenants of the said Mannor all his Copyhold lands and tenements with the appurtenances holden of this Mannor to the behoof and use of R. K. and of his heires assignes for ever who now came here into Court craveth of the Grace of Lord to be admitted to all and singular the aforesaid premisses with the appurtenances that is to say to one Messuage decayed with certain lands in C. containing by estimation four acres be it more or lesse with the appurtenances parcel of one Cottage and three acres of Land of the Tenement of H. with the appurtenances in the same of Skipton in the Tenement of Maydens late W. K. which the same I. S. lately took up to him his heires and assignes at a Court for the Mannor aforsaid holden after the surrender thereof made by I C. as at a Court for the Mannor aforesaid holden on Thursday the 17th day of May in the year c more plainly appeareth And he is admitted thereto Tenant to whom seisin is thereof delivered to hold to him his heires and assignes by the Rod at the will of the Lord according to the custome of the Mannor aforesaid by the services c. and Rent of 2 s by the year saving the Right c. And he doth give to the Lord for a Fine c and doth do to the Lord Fealty c. A Presentment made in Court of an agreement made between a son and his mother touching her Dower and the mothers release of her Dower AND afterwards in this Court came the said N. B and E. B. widow relict of the said R B. and do give here intelligence to the Court that they are agreed between themselves of and for the Dower of the said E B. in the premises according to the custome of the Mannor aforesaid whereupon the said E B. present here in Court doth remise and release into the hands of the Lord aforesaid all her Dower and title of Dower and demand which to her doth belong according to the custome of the Mannor of and in all and singular the Copyhold land and tenements holden of this Mannor which late were the said R B. sometimes her husband to the behoof and use of N B. in his full and peaceable possession thereof now being and of his heires and assignes for ever so that is to say that the said E B. from henceforth may not require claim and challenge any Dower of in or to the premises or any parcel thereof according to the custome of the said Mannor but thereof and of and from all action and demand of such Dower concerning the premises shall be for ever barred and excluded by this inrolment And for this remise and release the said N B. doth give to the said E B. 210 l. of lawful money of England And he gave to the Lord for a Fine c. for the release aforesaid c. The Quest of Office do say upon their Oath that T G. hath incroached with his ditch upon the Common of H. G. towards the milking yard of his Messuage therefore he is in mercy as it is over his head And it is commanded him to reform the said incroachment on this side the Feast of St. Michael the Archangel next coming upon pain as over his head Also they say that S. A. hath forfeited his pain of 5 s. upon him imposed at the last Court for that he after the last Court and after notice to him to the contrary given by the Bayliff of this Mannor hath suffered his swine to go out and pasture upon the Common pasture of H. against command thereof to him to the contrary given A presentment for an offence done and a charge to the Jury to enquire and further day given for giving their verdict WHereas W. S. and G. B. Lords of the Mannor of R. have lately cut down one Oak lately growing at the West end of a certain Pightel called B. Pightel of the Demesne of this Mannor in the Copyhold tenure of F. W. and at this Court it was given in charge to be enquired of by the homage and they to give their verdict of and upon the premises The same homage do desire day for giving in their verdict until the next Court for that they are not yet thereof advised c. And they have c. I. A. Copyhold Tenant of this Mannor doth desire to be admitted to a Fine for respite of Suite of Court to be done and he is admitted for 4. d. A Fine desired for respite of suite to be done WHereas at the last Court it was given in charge to the homage to enquire and give their verdict of and concerning the cutting down of one oak lately before then growing at the West end of a certain pightel called B. pightel of the Demesnes of this Mannor in the Copyhold tenure of F. W. by W. S. and G. B. Lords of the Mannor of R. late before that time cut down and at the said Court day was further given until this Court the Jurors of this Inquisition do now say upon their oathes that as well by the testimony of R. A one of the Tenants of this Mannor to this specialy sworn as of the certain knowledge of some of the homage now sworn that the aforesaid F. W. and all those whose estate the said F. hath in the aforesaid Copyhold pightel from time to time by the space of sixty years now last past have quietly and without contradiction cut taken carryed away and enjoyed all the wood from time to time by the space of sixty years growing on the part of the way and at the West end of the said pightel and that the hedges of the said pightel aforesaid by all the said space were placed and did adjoyn to the said Oak and that the greater part of the thickness of the Oak did reach it self towards the said way and further they say that there never was any ditch where the Oak aforesaid did grow And they further say of the testimony of the said R. A. that the said R. A. in times past having in his occupation the pightel aforesaid from time to time by diverse years did gather and had the Acrons of the Oak aforesaid without any contradiction To the Court came I. W. and R. his Wife and present here in Court in their proper person and the said R. by the Steward of the said Court being solely and secretly examined and consenting did surrender into the hands of the Lord of the same Mannor and did remise release and altogether for them their heires and assignes quit claim to the behoof and use of S. N. and his heires all their right title state use interest and demand
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