A treatise collected out of the statutes of this commonwealth, and according to common experience of the lawes, concerning the office and authorities of coroners and sherifes together with an easie and plaine method for the keeping of a court leet, court baron, and hundred court, &c. / by John Wilkinson of Bernards Inne, Gent. ; to which is added the returne of writts by John Kitchin Esq ; now all published in English.

TREATISE COLLECTED OUT OF the Statutes of this Common-wealth , and according to common experience of the Lawes , Concerning THE OFFICE AND AUTHORITIES OF CORONERS AND SHERIFES .

Together with An easie and plaine method for the keeping of a Court Leet , Court Baron , and Hundred Court , &c.

By JOHN WILKINSON of Bernards Inne , Gent.

To which is added the returne of writts by John Kitchin E sq Now all published in English .

London , Printed for W. Lee , D. Pakeman , R. Best , and G. Bedell and are to be sold at their shopps in Fleetstreet and Grayes In-Gate . 1651.

To the Courteous Reader .

WHereas many wise and learned men have written of things that they have gathered by reading , I doe publish what I have practised , warranted by authorities in Law . And because the end of writing books is to benefit others , I know it will bee acceptable to all that are not deeply studied , to make use of these things which I have collected : neither can it offend the best learned , to s ee that plainly set out , as it were by demons tration : which they by learning already understand .

The Office of a Coroner , the Office and dutie of a Sherife , and the Office of a Steward , and and the manner of keeping of Courts in Hundreds , Leetes , Baronies , are daily exercised by many , yet few know the true formes that are to bee kept in keeping of those Courts : For their sakes therefore I have undertaken this paines , and dare be bold to say , that they shall not much erre , if they follow what is here in this Booke set downe , for direction for them herein . To which I have added the Returne of writts , Originally written by the learned John KitchinEsquier , as generally usefull , as any of the former Tracts ( which with much care and diligence , are now all Translated into English , for thine , and the publique good . If thou findest in this worke any small errours , be pleased to excuse it , beeing the first that hath adventured in this untrodden path : And your good acceptance may further incourage mee to continue

Your faithfull Servant , J.W.

A COMPENDIOUS TREATISE , WHEREIN is set forth the Office and authority of a CORONER . THE FIRST BOOKE .

A Coroner is an ancient Officer of this common - wealth , and ordained to be a principall preserver of the Peace , and to carry the Records of the Pleas of the capitall Office of the upper Bench , and of his owne view , and of abjurations , outlawries , appeales , &c. And this definition of him is given by Britton an ancient writer , fol. 3. with the which agreeth the booke de tit Coron in Fitz. Nat Br. pag. 186. where he amplifieth his power more largely , viz. That he should carry Records of his owne view , Abjurations , Outlawries , Appeales , accusements of theeves done before him , and of all non suits in appeales , and of all other things done in the County , that appertaine to the coroners office : and also in the court of freemen , which have franchises of infangtheef , &c. And in the presence of the Coroner shall all appeales of Robberie and Larceny bee framed . The se things doe declare the office of a Coroner to be an Office of trust , and of great authority : and for that cause it is requisite that it be committed to a wise man , and of good behaviour , as it was well perceived by our ancient Fathers and predecessors , and chiefely by those that made the Statute at Westminster the 1. chp. 10. which despiseth , for that that people of small condition , and not of the wisest , be now lately chosen to the office of Coroners , and much meeter it were , that wise men , loyall , and sage , should intermeddle with that office , It is provided , that through all Counties be chosen s ufficient men to be Coroners , of the most loyall and most s agest Knights , which best know , can or will attend to that office , and that they lawfully keepe and present the pleas of the Capitall office of the upper Bench : And that the Sherifes have counter-rolles of the Coroners , as well of Appeales as of Inquests concerning Attachments or other matters appertaining to that office . And that no coroner shal demand any thing , or take any thing to execute his office , upon paine of a great forfeiture to the Keepers of the liberty of England by authority of Parliament to the use of the common-wealth .

The Statute committeth this Office to Knights , and not to any others , and therefore it was held to be a maine cause to remove and discharge a coroner from his office , if he be not a Knight : but Master Fitzherbet in his Natura brevium in his writ de Coronator . eligend would not allow the s ame for a sufficient cause at this day , alledging ; That those words were put into the Statute , to the intent that a Coroner should have sufficient within the county to answer for all that he doth or ought to doe by his said office .

Also this Statute requireth such a Coroner as can , will , & may attend to execute the said office . And therfore if such a Coroner be elected & chsen as cannot , will not , nor may not attend the execution of the same office , he is to be removed & dis charged by Writ from the same office : & the cause of his not attendance or in s ufficiency must bee rehearsed in the writ , viz. that he is occupied in other of the common-wealths affaires , or that he is not in health , or aged , or unapt for the same Office , or that he is insufficient in lands , or that he hath the palsie , or that his abode is in the uttermost parts of the county , or that he is nominated Sherife , or Ranger of a Forrest : but if any of these causes be untrue , and the Coroner thereby discharged of his office by a false suggestion , Then hee may if he will goe to the Chancery , and there by petition pray a Commission to inquire of this false suggestion , the which if it bee found , and returned to the Chancery , then the Keepers of the Libertie of England by the authority of the Parliament may grant a Supersedeas to the Sherife of that County , that hee remove not the said Coroner from his office , and if hee bee removed before the Supersedeas come , then that he permit the Coroner removed to execute his office as he did before his removall , as it appeareth in Master Fitzh . Nat. Bre. in and by the writs de Coron. elegendo , & de Electione viridariorum .

But it shall be farre more commendable for him that is chosen a Coroner , that if he perceive any of the said impediments to bee in himselfe , that he then doe purchase a Writ to discharge himselfe from the s aid office , which Writ he shall finde in the Register , fol. 177.

This Statute also willeth that no Coroner shall take any thing for doing of his office , &c. for this purpose , that he wholly may be at liberty to doe and execute Justice and Right , and therefore within twelve yeares after there was a Statute made to punish that corruption and extortion , which is called Statutum Exoniae , made the fourteenth year of E. 1. which you shall finde in the book called s ecunda pars veterum Statutorum , by the which also it appeareth that a Coroner ought to take nothing for executing of his office , which I finde not altered by any Statute untill 3 H. 7. cap. 1. which giveth him in murder 13. s . 4. d. of the goods of the murderer , if he have any goods , but if he have none , then the Coroner is to have his Fee by amercing of the village for suffering the Murderer to escape , and if any particular person shall bee found guilty of such escape , the Coroner hath power to enquire thereof by the same Statute .

But I finde , tit Cor. in Fitz. fol. 321. & 371. that a Coroner hath a Fee belonging to his office , viz. of every Visne one penny , when they appeare before the Justices of Eyre .

But that Fee is not repugnant to the Statute of West . 1. for he receiveth not the same to doe his office , but as a right due to him though that he executeth no part of his office , &c.

Also the Statute of 1 H. 8. cap. 7. prohibiteth a Coroner to take any thing for doing of his office , upon paine of 40. s . for every default .

And also upon like penalty , where he giveth not his attendance when he is sent for and required to make Inquisition upon the death of any dead corps , &c.

And since the Stat. of Westminster the first , it was ordained and enacted by a Statute made An 14. Ed. 3. cap. 7. that no Coroner bee chosen if hee have not lands sufficient in the same County wherewith he may answer all manner of people . This Statute is in the negative , and therefore the not s atisfying of the same Statute , is good cause to remove him from his office , by the Writ before remembred , the which Writ declareth how he shall be said , to bee sufficient , and in what sort the same shall be examined , viz. if hee have lands in the county upon the which he may dwell agreeable to his degree , for the exercising of the same Office .

Also after by another Statute made anno 28 Ed. 3 . cap. 6. it was enacted , That all Coroners of every County should be chosen in the open Counties by the Freeholders of the said county , of the most convenientest and most loyalst people that may bee found in the said Counties , to execute the said Office : alwaies saving to the Keepers of the Liberty of England by authority of the Parliament , to the use of the Commonwealth , and other Lords their Seigniories and Franchises .

And note , that when a Coroner is chosen , he shall remaine Officer so long as he behave himselfe well therein and is not changeable every year , as the Sherifes and Escheators are , qd vid. Hil 4 E. fol. 44.

Also when he is elected , the Sherife of the same County , or his Undersherife , mus t give him his oath thus as followeth .

His Oath for the due execution of his Office .

YOu shall sweare that you well & truely shall s erve the commonwealth in the office of a Coroner , & as one of the Commonwealths Coroners of this County of Southampton , & therein you shall diligently & truely doe & accomplish all and every thing and things appertaining to your Office , after the best of your cunning , wit , and power , both for the Commonwealths profit , and the good of the inhabitants within the said County , taking such fees as you ought to take by the Lawes and Statutes of this Weale publique , and not otherwise . So help you God , and the holy contents of this booke . And so let him kisse the book to affirm his Oath .

First , when he hath notice to take the view of the body of any person slaine either with his will or against his will , hee must then make his precept to the Con stables and Tythingmen of the Hundred where the party lyeth dead , to summon a Jury to appeare before him at a day and a place certaine , to enquire thereof upon a paine of 40. s . before remembred . And the form of his Precept is thus : viz.

South . By vertue of mine office , these are in the Keepers of the Liberty of England by the Authority of Parliament name , to will and require you immediately upon the receit hereof to summon and warne 24 able and sufficient men to be and appeare before me at A. the 10. day of February next comming after the date hereof , or to morrow being Tuesday the 10 day of February at the Town-hall there , if there be any , or at any other place certain , then and there to doe and execute such things as on the Commonwealths 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 this ninth of February , ann Dom. 1638.

Per me Io. W. unum Coron. Reipub. com . prad .

To the Constables and Tithingmen of the Hundred of B. in this behalfe , jointly and severally greeting .

ANd when he commeth to the place appointed , he must then call for the Constable and Tythingmen to whom hee did direct his warrant for their returne , and when he hath that , then he must cause one of them , or some other for them to make three proclamations or Oyes , and call the Jury thus : You good men which be returned to appeare here this present time , to enquire for the Keepers of the Liberty of England by authority of Parliament , answer to your names as you s hall be called , every man at the first call , upon pain and perill that may fall thereon . This done , when you have a full Jury of 14. or 15. call the foreman to the Book , and sweare him thus ; You shall duly enquire , and true presentment make of such things as s hall bee given you in charge , according to your evidence , so help you God , and the contents of that Book .

Then call the rest of the Jury , and swear them by four at once , and swear them thus .

ALL such Oath as A.B. your Foreman hath taken before you on his part , you and every one of you shall well and truely observe and keep on your parts , so God you help , and the contents of that book .

And when they are all thus sworn , call them again , and let the Crier count them after you , and then bid them s tand together and hear their charge .

Then begin your Charge thus .

The Charge .

SIrs , you that be sworne , you shall understand what the cause of our meeting is here now at this present , It is to inquire and present or find , how A.B. came to his death : for when any man , woman , or child doe come to to their death by any casualty , or untimely meanes , then the Keepers of the Liberty of England by authority of Parliament have appointed Coroners in every County to inquire thereof by the oathes of men : And therefore by vertue of mine Office , I have caused you to bee called hither , and have impannelled and sworne you to that purpos e , to the end that the Keepers of the Liberty of England aforesaid , and their immediate Officers may be truely certified how and by what meanes a member of this Common-wealth is lost : Therefore now your charge is , to inquire how and by what meanes the said A.B. came to his death , that a true record may be made thereof ; If he was slaine in fight , then you must inquire by whom , when , and where , & in what manner , and with what weapon , as neere as you can , & what goods , chattells , lands or hereditaments the offender had at the time of the fact committed , or at any time sithence , and whether hee bee fled for the same or no ; For I must tell you , that Coroners have authority to enquire by their Office of all maner of homicids and s laughters of men , especially above all other things , and that by the oathes of men s uper visum Corporis , and not otherwise : And these homicides and slaughters of men are of divers kinds or degrees , but they are all comprehended within two kinds , viz. spirituall homicide , and corporall homicide : the first is the slaughter and des truction of the soule , which is Gods part , if he dye in the faith of Christ : and the other is the slaughter of the body , which is the Commonwealths part , that must take his end by the due execution of Justice for the offence committed against the Law : and a corporall homicide is twofold , that is to say , Lingua , & facto , Tongue and Fact ; Lingua , by the Tongue is three fold , viz. in commanding , in giving of counsell , and in desending : Facto , by Fact , is foure fold , viz. in execution of Justice , Homicide willingly done , Homicide done by chance , and Homicide done by necessity : Homicide done by Justice , is when a man is justly condemned and executed for his offence : Homicide willingly done , is either murther , or at the least mans laughter : Homicide done by chance , is by some accidentall means , as where one is killed by casting of a stone unawares , or shooting of an arrow , or such like , and killeth one against the will or intent of him that casteth or shooteth . And Homicide of necessity is when a man cannot chuse but he must either kill or be killed , and that will be taken to be in his owne defence : then there is Homicide inevitable for the advancement of Jus tice ; And that is where a Sherife or other officer by warrant pursues a Felon which will not obey or yeeld himself , but offereth violence , and so is killed in apprehending , or where a man killeth a theefe which would rob him : In these cases he which committeth such Homicide shall be acquitted , and neither lose life , lands , or goods for the same . There are other Homicides which are no Felony , and that is where a mad man either kills hims elfe or any other person when he is mad , or where a child is killed in the mothers belly not in rerum natura , and that for two causes , viz. one because it had not the name of Baptisme , and the other because it cannot be certainely known whether the mother killed it by some other meanes or no ; but if an Infant of nine years old kill a man , woman , or child , if such Infant then knew good from evill , it is felony in such an Infant , and that will be well knowne and perceived by the answer of such an Infant to such questions as may be demanded of him : or here also if a man take upon him to be a Phys itian or a Surgeon , and not allowed to use and practise such faculty , if he take upon him a cure which dyeth under his hands by his ignorance , it is held to be Felonie in such Phys itian or Surgeon . Also if a man keep a dangerous beast , as a Bull , a Beare , a Dog , or such like , he knowing them to be dangerous , and yet doth not keep them tied , but wilfully suffereth such beasts to goe at large without a keeper , if such beas t kill a man , woman , or child , it is held to bee Felony in the owner of such Beast : Also there is another kinde of Homicide , which is a kinde of Murder called Felo de se , and that is where one hangs , or kills , or drownes himselfe for lack of grace : for as it is Murder and Felony for one man willingly and wilfully to kill another ; so likewise it is murder and felony for a man to kill or drowne him selfe willingly & wilfully , yet they are not both in one case and predicament ; for the first doth forfeite by that fact both his lands , and his goods , and the other forfeites but goods and chattels , and no lands . There is also another kinde of Homicide , not done by man , but by casuall means , and that is called Homicide by misadventure or misfortune , by a Horse , or a Cart , or a Bough of a tree , or such like : and in this case , omne quod movet cum eo quod occidit hominem deodand est Reipublicae ; every thing that moveth with that which kills a man is Deodan , unlesse the Keepers of the Liberty of England by authority of Parliament have formerly granted the same away to some Lord of a Liberty , as is commonly done , then if it happen to be within such liberty , it belongs to the Lord of the Liberty . But if any of these Homicides fall out to be wilfull Murder , which is a mo s t bloody and a crying sinne , and cannot be too severely punished , and therefore by the Law , the offender herein ought to lose both life , lands , and goods , an eye for an eye , and a tooth for a tooth . And if Manslaughter , if the offender can read well , then he may in favour of life , by the Keepers of the Liberty of England aforesaid mercy , have the benefit of his Clergy , and so save his life , but he shall lose and forfeite both his lands and goods , and yet the Law of God not therein satisfied : The goods must be found , appraised , and valued , of such offendors , and left in the Township or Village where such offendor dwelleth , by them safely to be kept , until the offendor be acquitted or convicted by due course of Law ; in the meane time the offender must be maintained with his goods , so as he may be kept alive to answer his fact , and what shall remaine when he is convicted , those to whom such goods doe belong by the Law must have them , and not before , and thereof di scharge the Township or Village which had the custody of such goods . And as for the offendors Free land , if he have any , immediately after conviction , the Keepers of the Liberty of England by authority of Parliament to the use of the Commonwealth must have annum , diem , & vastum therein , and after the Lord of whom it is holden shall have it as an Escheat . And thus having dis coursed at large of all these things incident to my office for your instruction , I will make an end and trouble you no more at this time : and so you s hall heare your evidence .

Then if the evidence be ready , they must be called and sworn thus .

THe evidence that you shall give to this enquest , shall be the truth , the whole truth , and nothing but the truth , so helpe you God , and the contents of this booke .

And if the evidence be not ready , then you must appoint the Jury a day and a place to come to you to receive their evidence , and lest they or any of them should faile to come to the plac at the time appointed , you may bind them by recognisance in x. li. or xx . li. a piece , and in the meane time you may send your Warrant for the witnesses to come before you to bee examined , and to deliver their knowledge concerning the matter in question , & be sure to take their examinations in writing under their hands , & if it be about the triall of any mans life , then you must bind over all the witnesses in xx . li. a piece at the least , to appeare at the next Affises then following , to deliver their knowledge therein viva voce , if they shal be thereunto required .

The forme of which Recognisance is thus ;

South . The third day of October , &c. the yeare , &c. James S. of B. in the County aforesaid , acknowledges himselfe to owe , &c. vnder condition , &c.

That if the said I.S. doe personally appeare before the Justices of Assise and Goale delivery , at the next Assises to be holden at the Castle of W. for the said County , and then and there deliver and set forth his knowledge touching the death of A.B. and doe not depart thence without licence of the said Court . That then this present Recognisance to be void and of none effect , or else the same to stand , remain , and continue in force , strength , and vertue .

Taken and acknowledged the third day of October in the yeare 1617. aforesaid before me J. W.Gent . one of the Coroners of the county aforesaid . J.W.

Of wilfull Murther .

This office is the highest and greatest offence that a Coroner is to meddle withall by his office , and it is defined by Bracton to bee secret killing of strangers and men knowne , none knowing or seeing it besides the murtherer and his aiders , so that no Hue-and-cry of the County presently follow , &c. And so you may s ee how that Englechery , that is , that he is English , &c. was presented in ancient time untill the fourteenth yeare of E. 3. At which titme by a Statute made the 14. Edward 3. cap. 4. the presentment of Englechery was wholly abrogated and adnulled , the letter of which Statute is thus , viz.

Item , for that there are many mischiefs happened in many countries in England , which knew not how to present Englechery , for which cau se the Commons of the Counties oftentimes were before the Justices in Eyre amerced , to the great grievance of the people ; It is therefore agreed that at no time hereafter any Justice of any Eyre shall put any article or opposition presenting Englechery to the Commons of the Counties , nor against any of them . But that for ever Englechery and the pre s entment thereof to be wholly omitted and made void ; so that none for this cause be from henceforth impeached : By the words of this Statute it appeareth , that the presentment of Englechery was so divers by the divers cus tomes of severall countries , that the countries knew not well how to satisfie the Justices in the presenting thereof , but for the undue presenting thereof , they were often amerced and sore grieved : And yet Bracton saith , Because in divers Countries Englechery is differently pres ented in every Eire , the custome of presenting it is to be inquired from the beginning . Als o hee putteth there in his Booke many things which excuseth the Country by the Common Law from that amerciament or payment of lxvj . markes , for he saith in this manner , That is weighed sometime , &c. And that also was the common Law appeareth in Britton fol. 15. which agreeth throughout with that which Bracton hath here written , the which common Law is changed as I have said before by the said Statute made in the 14. yeare of E. 3. wherefore a man at this day may define murther in other manner than Bracton and Brittondid , viz. It is murther when any man of malice prepenced killeth another fellonious ly , having no regard whether he kill him openly or secretly , or whether he be an Englishman or not , so that hee live in the Weale publique under the Parliaments protection , and Homicide that is done in such manner is called Murder at this day ; for the name of Murder was not at any time changed , but the Law retained the same continually , for the hainousnes of the crime , to put a difference between homicide Chance-medley and Murder : And therefore if a man be indicted of Murder , at this day , a pardon of all Felonies will not helpe him , and that is by the Statute of 13 R. 2. cap. 1. the letter whereof you may see hereafter : And also the Statute of 1 Edw. 6. cap. 12. which in s ueth , videlicet . Provided also , and be it enacted by the authority aforesaid , that all wilfull killing by poysoning of any person or persons that at any time hereafter shall be done , perpetrated or committed , shall be adjudged , taken , and deemed wilfull Murder of malice prepenced , and that the offendors therein , their ayders , abettors , procurers , and counsellers shall s uffer death , and forfeite in every behalf , as in other cases of wilfull murder of malice prepenced .

Of Manslaughter . Manslaughter is where one killeth another having no malice prepenced so to doe , yet it is felony , and he s hall lose his lands and goods , and his life too , if he cannot read well , as is said before in the charge : The which thing if a mad man doe , it is no felony in him , nor he shall not be arraigned for it , when he is of good memory , as it appeareth in Fitzh . fol. 33. and 21 Hen. 7. tamen in the Eyres of Northampton in 3 E. 3. It appeareth there , that he should purchase his pardon of cours e : And with that agreeth 26. li. ass . And the same Law which serveth for a man lunatick , serveth for a man that is deafe , and dumbe , as yee may finde in the same Plea . And if one of the age of 12 years or more , kill another , that is Felony : the same Law is if he be but nine yeares old at the time of the killing ; so that it may be perceived that he understandeth good from evill , as by his excuse , or by any act done since the killing , videlicet , in hiding the dead corps in any secret place to the intent it should not be found and knowne , Because in such case malice supplyes age . 3 H. 7. & tit coron 51. And there they respited execution of him to the intent they might procure his pardon . And Bract. said in thos e cases of Lunaticks , & of the infant , one the want of judgement s aves , the other the weaknesse of fact excuses .

And if a Surgeon or a Phys itian allowed , have one in cure , which dyeth presently after , or within a short time after , that is no Felony , for that he did nothing feloniously : but if he killed him with Physick or Surgery , it was done against his will , quod vide titulo Coronae 163. et Britton fol. 14. c. Contr.

Also if a man have a Bull , a Beare , or a Dog , which is accus tomed to doe hurt , and his master or owner well knowing the same , yet doe not tie him but suffer him to goe at large , and being so at large , he killeth a man , this is held by Fitzherbert , 311. to bee Felony in the owner of the beast , by reason of the sufferance , for thereby the owner seemeth to have a will to kill : And note that in ancient time , the will was so materiall , that the same was taken for the fact , ut patet titulo 1. E. 3. where one compassing the death of another , woundeth him so grievously that he leaveth him for dead , and afterward flyeth , and the man wounded reviveth : And yet notwithstanding , it was then adjudged to be felony , insomuch as the will appeareth to have killed him ; the will shall bee taken for the deed . And with the same agreeth Bracton , who saith , In things ill done , the will , not the end is looked upon , not materiall whether any man kills , or be the cause of death . But this Law is not now in force , for he must be dead indeed before it be adiudged Felony . And if a man hurt another with an intent to beate him , but not to kill him , yet notwithstanding if he die of such beating , it is felony in him that so did beate him , wherefore at this day a man may convert the text to Bractons opinion , and say , The end in things ill done , not the will alone is looked upon , as in the case next before , &c. vide titulo memorato , where for the malitious words of a woman 2. men fought , and the one killed the other , the woman in this case was arraigned of the death of him that was slain : The like case if three men goe together to make a dissame , and one of the se three doth kill a man , the other two in this case are taken to be principall Felons , and yet they did it not of any evill will , but onely came in one company together , quod vide titulo Fitz. 305. So that many cases may be found , where the end is looked upon , not the will only , as before is said ; wherefore to conclude , we may say , that the will , unles se the fact ensueth the same , maketh no offence at this day , but in treason given by Statute , &c.

It is a generall opinion , and commonly agreed upon , that if a man have judgement to be hanged , and commandement given to the Sherife to see execution done according to the judgement , if the Sherife after of his owne authority doe behead the prisoner which was appointed to be hanged , then this is felony in the Sherife , because the order of the Judgement is not observed , in putting the prisoner to death . The same Law is , if one that is not the Sherife will kill a prisoner as he is going to the gallowes to bee hanged , of his owne head , and authority , quod vide 35 H. 6. And for this Felony the wife of the prisoner may have an appeale against him that killed her husband : But Scrope is of opinion that it s hall be otherwise , if hee that is killed bee attainted by outlawry , as it appeareth 2 E. 3. where he that is indicted alleadgeth , that he for whose death he is indicted was and is outlawed of Felony , Scrope , It may be that that outlawry is reversed , or that he had his charter of pardon , wherefore he must make search and send into the Chancery , to understand there if he had a charter of pardon , and in the meane time he shall be let to bayle till a certaine day that the truth be knowne ; and he said further , that if he found that the outlawry was not reversed , nor that the prisoner had not any charter of pardon , that that then the def. shall not answer any further but bee discharged of the Indictment : Also it seemeth to bee lawfull for any to kill a man attainted in a Praemunire , because the Statute of 25 Edw. 3. cap. 21. de producionibus willeth that a man doe against them , as against the enemies of the Weale publique without any Impeachment , &c.

Of homicide done by necessity inevitable justifiable . A Sherifes Bailife , or any other Officer that hath warrant to arrest any man that is indicted for Felony , may justifie the killing of him , if he will not suffer himselfe to be arrested , but in such sort standeth in his defence , that the Officer cannot arrest him without killing of him , in this case the Officer shall be discharged without suing forth of his pardon of course , ut patet22 . lib. Ass. & 22. E. 3. where Thorpe saith , that any man may take and arrest a theefe , and if hee will not yeeld , but stand in defence of himselfe , or else flye , in such case he may kill him without blame , ergo he that hath no warrant as well as he that hath a warrant , by this authority may kill and justifie . And there he reciteth , that where a Gaoler came to the Gaole with a Lanthorn in his hand , to see his prisoners , which had broken their Irons , and standing all ready to have killed him , they beate him , and wounded him very s ore , but killed him not : and he having a hatcher in his hand , therewith he killed three of the pri soners , and being called in question for it , was discharged thereof , for it was adjudged by all the Councell , that the Gaoler had done well , &c. And therefore note ye , as a man may justifie the killing of a man before an arrest , even so he may jus tifie the same after an arrest , so that the same doe arise upon an inevitable nece ssity , as before is said . And therefore one is arrested of Felony , and as he is carying to the Gaol he maketh debate and flyeth , and the other in such sort pursueth him , that he cannot take him againe without killing of him : this manner of killing is justifiable , qd vide 3. E. 3 , &c. And the case is there , That a man did fly to a Church for felony , and after in the night he went from thence , and the village that did watch him in the Church did pur sue him , and killed him , for that he would not yeeld himself , and it was allowed as well done , tamen in codem tituto 3. Ed 3. Lowth doth doubt of this killing , in that it may be that he that was arrested was nor guilty of the felony , although he was indicted thereof ; and nothing like the case where one is pursued upon a robbery done , and the theefe killed . But by the book aforesaid it appeareth that such killing is not felony , nor that any thing s hall be forfeit for the same , nor that any pardon is needfull , sed vide ibid. fol. 344 . that in that case it is finable , and a fine of xl . s . was payd for the same , sed quaer . whether the same was for the killing , or for the escape . And note , that if hee which killeth another by reason of any matter inevitable ut s upra to be found before him by rea son of any jurisdiction that hee hath to inquire of Felonies , he shall not be di scharged upon such indictment found , untill such time as he be arraigned upon the s ame , and the matter also found by verdict , ut patet ejusdem titulo , for that hee himselfe was Judge thereof . Otherwise it is if the finding of the same be before other Commissioners , vide le Statute de malefactoribus in parcis , made the one and twentieth year of Ed. 1. which giveth power to Forresters , Parkers , and Warrenners to kill the offendors if they will not bee justified , &c.

Homicide in a defending of a mans house and his goods against theeves , lawful and justifiable for the urgent necessity therof . As for example : Many doe come to burne my house , my selfe beeing within the same , and they compasse about the house , but they burne it not ; and I shoot out of the same house and kill one of them , this is not felony , ut patet 26. lib. Ass . The same law is if they come to my house and rob me , and my boy or my man that is with me in my house killeth one of them , quod vide in Fitzh . ritulo Coron 3 E. 3. per Lowth & ibidem p. 505. where it was presented that a man had killed another in his owne house defending himself , and it was demanded of those that made the presentment , if he that was so slaine did come to robbe him , for in that case one man might kill another , though that it be not in defence of himselfe , &c. And in all such like cases a man shall goe quit without any forfeiture , or without expecting any pardon , in that my house is unto me as my Castle , out of which the Law will not constraine me to flye , &c. The same Law is , if one come unto me when I am out of my house , and will robbe me , wherefore I kill him : for in 26. lib. Ass . the case was that a theefe assailed a man in his ship , and he pursued him so hardly , that the man killed him , and generally it was affirmed , that the man s hould be discharged and quit without pardon . And note well this latter booke , for that maketh expresse mention that he shall goe quit without pardon ; but the other bookes speake nothing neither of pardon , nor yet of the sorfeiture ; wherefore it may be doubtfull to some , whether he shall forfeit his goods , and whether it shall be needfull to have a pardon or not , and therefore to take away all doubts , a Statute was made Ann 24. H. 8. the letter whereof is this , Forasmuch as it hath been in question and ambiguity , that if any evill disposed person or persons doe attempt seloniously to robbe or murder : and so see the Statute at large , that it is lawfull to kill him .

How necessity shal be interpreted in Homicide in defence of ones self Note , that the necessity ought to bee so great , that it ought to be esteemed not avoydable , or otherwis e hee shall not be excused , for in this case ye have not to doe with , as in the case before , but with a just man . And whether the person that is so killed , or the person that doth kill , doth beginne the affray , it is not materiall , but the whole matter consisteth in the necessity inevitable , without which the killing by any means is not excusable : wherfore to make a definition of Homicide done in a mans owne defence , we must say , that properly it is when A. doth make an affray upon B. and hurteth him , and A. flyeth as much as he can for safeguard of his life , so that hee is come to a strait , beyond the which he cannot flye , and A. continueth , whereby B hurteth and killeth him : this is called Homicide in a mans own defence . For if B. might have avoyded the same and did not , but when A. had hurt him , he then had hurt A. againe even to death , then was it manslaughter , and so felony in B. ut patet in Fitzh. 226. But when A. hurteth B.B. hurteth him again but not deadly , and afterward B flyeth , ut supra , and A. pursueth him till that he commeth into a straite ut s upra , and then B. doth kill him , that is not felony , but in his owne defence . And s o yee may note , that although B. gave to A. divers wounds , that is not materiall , because he flyeth from him as much as he can before he gives to A. the deadly wound . And that yee may see in les Eyres of North. &c. 3 E. 3. And Bracton hath a case for the confirmation of this Law , Of Law it is , that what a man does for the safety of his body , he shall be esteemed to doe justly . And note , that it appeareth before in 43. li. ass . before noted . And it is not a sufficient verdict to say that the pri soner killed another in his owne defence , but they ought to shew the matter , es pecially in what manner it was done . And although it be specially found upon the indictment , yet notwithstanding he shall not thereby be dis charged untill he have purchased a charter of pardon for the same , the which is a confession by amplification of the indictment , or else otherwise wholly to estrange himselfe from the fact , and to plead not guilty , and so to be found . And this is so done to the intent to induce the forfeiture of his goods , being forfeite by the same offence , ut patet 4 H. 7. And where the Statute of Glouce st. cap. 9. saith , that he ought to put himselfe upon an Enquest for good and evill , that it is to be understood when he is indicted of Murder , or Homicide , and not where in the indictment the speciall matter is s ound ; for to such an indictment of Murder or Homicide , it ought to be pleaded not guilty ; for to plead the speciall matter , viz. that he killed him in his own defence , it is no plea , in that it should be as a justification ; whereas such kinde of Homicide is not in any manner justifiable , wherefore he ought to plead not guilty , and then that s peciall matter found by verdict shall give him advantage , &c. Contrariwise it is in Tre spasse , for there the party shall not take advantage of a justification found by verdict , if it bee not pleaded by the party . And so note , that he shall not be dis charged of this speciall matter , till such time as he hath purchased his pardon , or else be acquitted thereof by verdict : and then his discharge shall be in this manner , viz. if he require to purchase his pardon , hee shall first bee letten to Mainprise , and then he shall sue forth his Writ of Certiorari directed to the Judges of A s sise , before whom the indictment lyeth , to certifie the Record to the Lords Commissioners of the great Seale of England , who will make him a Charter of pardon , in such a case of course . And for the se matters vide tit. 44 Ed. 3.15 E. 3.15 . & 3 E. 3. where it is said , that when a man is acquitted before the Judges of Assise , of the death of a man in his owne defence , he shall have a Writ from the chiefe Jus tice , within which shall be contained the whole Record of his acquitall , to the Commissioners , who will make his Charter of pardon . And note ye before , that in the Eyres of Northampton the Jury did finde that he fled for the Felony , for which cause he shall forfeite his goods , quasi diceret , that he should not forfeite his goods unles se such a flying away had been found ; but the Law is not so as it appeareth . 44. & 15. Ed. 3. & 1 H. 7 . before noted , wherefore we are to think , that the inquiry of a flying was surplus age and voyd , &c And consider well the words of the Statute of Gloucester , which be these ; It is ordered and agreed , that hereafter no Writ shall issue out of the Chancery to enquire for the death of a man , if a man hath killed another by misadventure , or in his owne defence ; or in any other manner without Felony , but hee shall be imprisoned untill the comming of the Justices of Gaole-delivery , if he cannot finde pledges for his appearance before them , and then he shall put himselfe to his tryall by the country de bono & malo . And if it be sound by the country that he did the same in his own defence , or by mis adventure , then the Justices of Ass. are to certifie the Keepers of the Liberty of England by authority of Parliament thereof into the Chancery , and from thence he shall have his pardon of grace . This Statute maketh mention of Justices errant , and of Ju stices of Gaole-delivery : wherefore it seemeth that if any be indicted before them , that he killed one in his own defence , that that Indictment is as good as if the same had been found before the Coroner , upon the view of the dead body , otherwise it is if such Indictment be found before Justices of P. for that they have not any authority to to take any such indictment . And note , that it appeareth 44. E. 3. before cited , that there is one case where one shall be killed by Chancemedly , and yet he that killeth him shall not forfeite any thing ; As if A. striketh B. to the ground , and thereupon A. draweth his knife to kill B. and B. lying upon the ground draweth his owne knife , and A. is so hasty to kill B. that he choppeth himselfe upon the knife which B. had in his hand , and so A. was slaine . And it was adjudged in this ca s e , that the sayd B. was not culpable of the death of A. nor shall forfeite his goods , because A. in a manner killed himselfe , &c. And as it is in the Eyres of North. before pag. 286. and 297. there is a case not much unlike to this case , which hath a contrary judgement , and yet if collation between them be made , ye shall finde that they are not both alike , for there he did not lie upon the ground , but stood upon his feet , insomuch that hee might have made other defence for the s aving of his life then the other could that did lye upon the ground . And the case there was this , viz. A. did s trike B. and B did flye till that hee came to a straite , as it is afore s aid , and then B. perceiving that A. would kill him , did hold a pitchforke between him and A. and A. was so fierce that hee ranne upon the pitchforke , and so was slaine ; and yet notwiths tanding this matter , B. was put to purchase his pardon of course , and besides forfeited his goods , &c.

Homicide by misadventure or misfortune And that is , if a man without any evill intent cast a stone or shoote an arrow whereby one is hurt unawares and slaine , going to the market or about any other necessary and lawfull business e , this manner of killing is Homicide by misadventure , for the which the offendor shall have his pardon of course in the like sort as before in the case where a man shall have it for killing of a man in his owne defence . And that is by the said Statute of Gloc. ut patet 3. E. 3. and he shall forfeit his goods , as before in the case of killing a man in his own defence , vide the Statute of Marlebridge cap. 15. that saith , Misfortune hereafter before the Justices shall not be adjudged Murder , Murder is to bee taken onely of those that are killed by Felony . By which Statute it appeareth , that misadventure by the Common Law was adjudged for Murder ; But that ought to be with a dis tinction which Bracton hereafter hath made , That is to say , where one hath done a thing lawfull and where not , for if hee have done an unlawfull thing , and if any misadventure doe thereof insue , whereby any one is slaine , that is Felony at this day , if it be not Murder ; And therefore if A. strike B. and C. comes betweene them to part them , and is deadly wounded by the said A. or B. without any evill intent , yet notwithstanding if C. upon that hurt do dye within a yeare and a day next after such hurt given , it is Felony in him which hurt C. and not a misadventure , for that the fact which A. and B. did was unlawfull , ut pat tit Coron 22. libr. Ass . And if A. and B. did intend one to kill the other , then it is Felony in them both , ut pat . 22. Ed. 3 . And note that the same order is to bee observed in pleading the verdict , forfeiture , and pardon of one that killeth any by misadventure as is aforesaid , to bee of one that killeth another in his owne defence , and the said Statute of Gloc. extendeth as well to the one as to the other .

Homicide called Felo de se●… Bracton defineth felo de se in this manner , viz. in the s ame manner that a man may commit Felony by killing another , may he commit Felony by killing himselfe , if any man taken for some crime done , viz. for the death of man , manifest theft , because he is outlawed or any other wickedness e , and fearing the punishment over him , shall kill himselfe , he commits Felony of hims elfe ; he shall have no heire , he has convinced himselfe of the Felony before done , viz. theft , death of a man , or such like , and the feare of Conscience in the guilty is as much as the confession ; Agreeing to Bracton , yee shall see the book titul Coron in Fitz. 259. where a Felon of himselfe shall forfeite his lands , but whether he had before he killed himselfe committed Felony or not appeareth not by the booke , Ideo quaer . if this distinction that Bracton hath made be Law at this day , for it appeareth in divers other bookes , that a felo de se shall forfeite his goods onely , and no lands , as pag. 301. 362. 420. tit jam dicto , and there also it appeareth , pag. 324 . That if one that is Franticke from day to day doe kill himselfe , that such a man shall forfeite no goods or chattels , but otherwise it is if he be not franticke from day to day , but onely at some times . Also there pag. 244. was pres ented , A certaine Lnnaticke struck himselfe with his knife , recovered his wits , after the Church Rites performed to him , dyed of his wound , his chattels were not forfeited . The contrary whereof you shall finde pag. 142. But the Law is cleare , that if a man which is of good memory , committeth the s ame fact in such manner and afterward recovereth , and yet notwiths tanding dyeth of the same plague that he gave to himselfe , he in that case shall forfeite his goods , vide ibid. the case pag. 94. that was before remembred , That is to say , where A. striketh B. to the ground , and thereupon A. plucketh out his knife to kill B. and B. lying upon the ground plucketh out his knife , and A. is so hasty to kill B. that he choppeth himselfe upon the knife of B. and s o is slain , in this case A. is a Felon of himselfe , and that case agreeth with Bracton heretofore .

Homicide not committed by man , but by some casualty wherof cometh Deodans . Deodand . est where any person commeth to his death by misadventure of any thing that shall fall upon him , or by misadventure of a fall that hee taketh from a Cart or a horse , or any other thing , the same not being occasioned by any other person , the thing that so occas ioned the death shall be forfeited , and taken as a Deodand . to be distributed in almes , for the benefit of the s oule of the dead person ; And note that it is not materiall whether the thing that killeth him be moving at the time that he was killed or not , for although that it bee not moving , yet notwith standing it shall bee called a Deodand . as well as that which was there moving , as it shall be hereafter expressed ; And therefore when you speak of a thing moving , that it is only to this intent , viz. That all things moving with the thing that is the occasion of the death , shall be forfeited , as well for a Deodand . as the principall thing , quod vide tit . Fitz. 403. where it is sayd , that every thing which moves , with that which kils a man , is a Deodand to the King , or to the see of the Clerke ; and therefore yee shall finde ibid. pag. 398. where a man did cut downe a tree , the which did fall upon the bough of another tree , which bough did fall upon a man and killed him , and was adjudged that as well the tree as the bough should be a Deodand . And the same Law is , where a man doth ride upon a Cart , and the Cart falleth upon him and killeth him , here as well the Horses which drew the Cart , as the Cart it self , shall be Deodans , ut pat. ibid. pag. 388. and yee shall finde , pag. 397. That a man being upon a cart loaden with fagots , and binding it , fell with the motion of one horse in the cart by the which he dyed , and the horses and the cart were adjudged for Deodans . Also pag. 405. A beame on which did hang a bell , did fall upon a man and killed him , the bell as well as the beame were adjudged for Deodans , notwithstanding they were goods of the Church , but of grace , and out of honour to the Church , the chiefe Justice gave them back . Et pag. 326. A man falleth out of a cart loaded with hay , and the wheele of the cart doth breake his legs , whereof he dyeth , and the hay was adjudged to be a Deodand as well as the cart , tamen pag. 342. A man falleth out of a cart , and breaketh his neck , as hee was loading of it with straw , by the moving of the horse , the horse and cart were all adjudged Deodans , and not the straw , by reason that the straw was not the occasion of his death , quaere differentiam , &c. Et pag. 401. One riding his horse drownes himselfe , the horse is adjudged a Deodan , &c. Hitherto we have spoken of things moving which doe cause Deodans ; Now let us speake of things not moving , and yet shall be De●dans . Vide titulo jam dicto pag. 409. Where a Carter clyming upon one of the wheels of his cart to gather plums , and falleth from the cart whereby he dyeth , and because it is witnessed , that neither the horses nor the cart moved , onely the wheele is a Deodand . The same Law is where a man doth fall into a pond of water , which water carrieth him under the utter wheele of a Mill , by which wheele hee was oppressed and killed , and the wheele onely in this case was adjudged a Deodand , ut patet ibidem pag. 389. Vide ibidem pag. 348. where it is sayd , if a man fall from a loade which is worth a C. pound , by the which he receiveth his death , all the same shall be a Deodand . And also it appeareth by these cases , that Deodans s hall be as well of things that move under a man and kill him , as of things which doe not move , but the man all moveth himselfe from them . And note , that before it is sayd , that all things moving with the thing that is the occasion of the death , shall be forfeited . So in like manner , all things not moving with the thing which is the occasion of the death shall not be forfeited , as in part you may perceive by the case of the cart and the straw before cited , Et titulo Forfeitures in Fitzh. 12 R. 2. wherein a masse of earth fell upon a man and oppres sed him in such sort that he dyed , and it was adjudged that the sayd massa terrae onely should be forfeited , and not the hole or pit where he was killed . The s ame Law is where a man falleth from his hors e , and quasheth his head against a block , whereof he dyeth , the horse onely shall be adjudged for a Deodand , and not the block , in that it moved not at all , quod vide ibidem pag. 341. And also Briton titulo Coron fol. 6. saith , That if a man fall out of a Ship sayling , nothing is the occasion of his death but onely the Ship , and yet the things moving may bee sayd to be the causes of his death , the merchandise lying at the bottome is not any cause of his death . This Ship so sayling ought to bee upon the fresh water , &c. for if it should be on the salt water , it seemeth that it should not bee a Deodand , as it appeareth by Bracton titulo Murder , who saith there in this manner , A Ship is not a Deodand , nor a boate , nor other chattels of the drowned in the Sea or salt-water , nor shall there be wreck , if there be any man who can avow them , and make proofe . Et nota , that it seemeth to one by the bookes before pag. 389. That if hee dye by mis adventure , and be within the age of 14. yeares , that then nothing s hall be forfeite for a Deodand , for there pres entment was that A. the sonne of B. above an . &c. tamen quaere & vide Fitz. titulo de Indictments pag. 27. That where a man was s ound dead in the field , Belknap said that his appeale s hould bee given to the Church to pray for his soule , and should not bee taken for a Deodand , and note that every Deodand the Sherife shall answer , viz. he shall be charged to levy the price thereof of the village , notwithstanding the thing was not delivered to them to keep before , quod mirū ut patet ibid. pag. 298. And therefore when such a mis adventure is found , the presenters should fine , appraise , and value the Deodand , and the Coroner should returne the same in his Inquis ition , and in whose custody the same remaines , so then the Keepers of the Liberty of Englane by authority of Parliament may know by that Record of whom to demand it by Proce sse out of the Capitall office of the upper Bench.

It is requisite that the thing that is killed be in rerum natura ; And therefore if a man doe kill an infant in the mothers belly , that is not felony , nor he s hall not forfeit any thing for it , and that for two causes ; one is , for that the thing that is killed had not the name of baptisme , the other is , for that it is hard and difficult to judge whether he killed it or no : That is to say , whether the infant dyed of the beating of the mother , or by any other occasion , ut patet titulo Corone , &c. pag. 263. & vid there pag. 146. A more strange case , viz. A man did beate a woman great with child of two children , so that immediately one of the infants dyed , and the other was borne alive and baptised by a name , and two dayes after , for the hurt that she had received she dyed , the opinion was as before , that it was not felony in the man , & vide the same case in Fitz. titulo Judictments . pag. 4 But it seemeth that the reason where it hath no name of baptisme , is not of any force , for ye may see titulo Corone before pag. 418. that it was presented , A certaine woman going toward the Chappel , brought forth a son , and presently cut his throate and cast him into the pond and fled , therefore let the exigent issue against her , and let her be outlawed , for that was homicide , in that the thing killed was in rerum natura before it was killed , and so nothing like the case before , scilicet , where the infant was killed in the mothers belly , &c. the which case Bractonaffirmeth for Law , in his division of homicide before , saying in this manner , If any man strikes a woman with child , or poysons her , by which he makes abortion , the birth shaped and animated , especially if animated , it is homicide ; but contrary to this seemeth the Law as before .

Item , it is requisite to homicide , that if one beate another whereof he dyeth , that that death be within twelve moneths and a day next ensuing the same beating , ut patet pag. 303. The s ame Law is , if poyson be given to one seloniously that he dye within the yeare next after , &c.

It is a common erudition amongst us , That if a Statute Law give a remedy for any offence , we may understand thereby , that before there was no remedy for the same offence at the Common Law , other then is not expressed in the said Stat. except we have read any thing that may induce us to beleeve the contrary . The Statute of Westminster the first , cap. 13 . defendeth Rape in this manner , viz. The keepers of the Liberty of England by authority of Parliament defendeth that none shall ravish nor take by force a maide within the age of eleven yeares with her consent , or without her consent , nor any dame or maide of age , nor other woman against their wils , and if any s o doe , the Keepers of the Liberty of Engl. aforesaid shall doe him common right , and if none commence the suit within 40. dayes , then the Keepers of the Liberty of England may sue , and those that shall be found culpable shall have two yeares impris onment , and afterwards shall be arraigned at the Keepers of the Liberty of England afores aid pleasure , & if he be not araigned , he shal be punis hed by more longer imprisonment , according to the quality of the trespasse . The Readers of this Stat. if they have not read Glanvill & Bracton do think that by the common Law Law Rape was but trespass , where in truth it was selony , or other more grievous crime , & first Bracton in his 2. book of Rape saith in this manner , Rape of Virgins is a certaine crime which a woman layes upon any , by whom she she sayes she was violently oppressed against the peace , and which offence if it bee convicted , punishment followes , to wit , losse of Members , that there may be member for member , when the Virgin is deflowred she looses a member , hee that deflowred her shall be puni shed in the part offending . Here I have expounded that which was the common Law in Rape before the Statute of Wes tm . 1. wherewith Glanvill agreeth , fol. 113. Al so I finde amongst the Lawes of St. Edwin , once King of this weale publique , this Law , If any man has to doe with a Nune , let him bee punished as a Homicide . By the which it appeareth , that he which hath committed but fornication with a Nun , or with a holy woman , he should be punished as a Homicide , A multo forciori , then s hould he be punished if hee had ravis hed . So that Rape at the beginning was much detested , and abhorred , and very great and greivous punishment adjoyned thereunto , till the time of King Edward 1. who s eemeth by his law made at West● . 1. to have mitigated the paine of the same , and afterward espying the great enormities that ensued the same Law ; At his next Parliament holden at Westminster , called Westm. 2. cap. 34. did make the same offence of Rape to be felony : The words of which Statute be these ; It is enacted , that if a man doth ravish a woman espoused , a damosell , or any other woman hereafter , whereunto s he neither hath assented before nor after , he shall have judgement of life and members . And in like manner , where a man shall ravish a woman , dame espoused , damosell , or any other woman by force , although she assent to the same afterwards , hee shall have the like judgement as before is said , so that he be attainted at the Keepers of the Liberty of England by Authority of Parliament suit , and in that case the keepers of the Liberty of England afore said shall have their suite .

The Statute maketh no definition of rape , but leaveth the same to the common Law . Al so it seemeth to make a difference between ravishment with force , and ravishment without force , And therefore quaere what manner of fact he intendeth , Brittonsaith , fol. 45. that if a woman at the time of the Rape conceiveth with childe by the Ravisher , that it is no Rape , for that , that no woman can conceive if she assent not thereunto . Also Bracton saith , That it is a good plea in an Appeale of Rape , to say , that before the time of the Ravis hment supposed to be done , he held and used the Plaintife as his Concubine ; Also it is a good Plea for him to say , that though he did lye with her , yet he knew her not carnally , for that is the force of a declaration in an Appeale of Rape . And also note , that if a man bee to bee charged with Rape by way of Indictment , or otherwise , he ought to bee charged expresly by this word Rapuit , and not by any other words , though they amount to as much as this word Rapuit doth , ut puta carnaliter cognovit & hujufmodi , as it appeareth 19. E. 4. fol. 27. Also there is another Statute concerning Rape , made an 6. E. 2. the which doth put great penalties and forfeitures upon the woman which consenteth to the Ravisher after the Ravishment , and yet neverthelesse doth give an Appeale of Rape to the Husband of the wife that is ravished , and if she have no husband , then to her father or to her next of her blood , and that the def. shall not gage battell in such appeales .

Of treasure trove . Bractonsaith of Treasure found in this manner , There is amongst the rest a grievous Misprision against the K. which is as the crime of Theft , sc. fraudulent hiding found Treasure , &c. Note that Bracton saith here , that the hiding of Treasure found is gravis presumptio ; So that it seemeth , that in ancient time it was doubtfull whether it was Felony or not . And therefore it is sayd , tit . Coron . in Fitz. 187. that the punishment of treasure found is taken away , and is now by imprisonment and fine , and not of life and members , &c.

Et ibidem eodem titulo pag. 446. It appeares Treasure belongs not to the King , but when it is not knowne who hid it . So that if it be knowne to whom the property is , then the Commonwealth shall not have it , but hee to whom the property thereof belongeth , and it seemeth that if hee dye before the finding , that his Executor shall have the same . And see there , that Treasure belongs to the King , not to the Lord of the Liberty , if not by words speciall , or by pres cription . Briton in his booke fol. 26. saith , that treasure sound in the sea , or upon the land , and not in the earth , appertaineth to the finder , and not to the Commonwealth , &c. Also he saith , that when a man hath found it , hee ought presently to let the Coroner or Coroners of that County understand thereof , or else the Bailife and the Coroner without delay ought to enquire if any thing thereof be purloyned away .

Of a Mayhem . Note , that Britton saith , that Mayhem is properly sayd where any member of a man is taken away , whereby he is the more unable to fight , as if the eye , the hand , the foot , or by bruising of the head , or knocking out of the foreteeth , but cutting off the eare or nose is no Mayhem but a blemish of the body . Seton Justice said 29. E. 3. that every singer of the hand shall be sayd to be a Mayhem , if it be cut off .

Item 8. H. 4. ye may see there that it is no Mayhem to cut off , the eare of a man , by the which he loseth his hearing , but the knocking out of the teeth is a Mayhem , for that with them he may defend himselfe in battell . And Bractonagreeth therewith , for he s aith in this manner , Mayhem may be sayd where one is maymed in any part of his body to fight , by him whom he appeales .

Note that these places and territories here expressed and declared , are allowed for Sanctuaryes for Felons , if they can get to them before they be taken , viz. Wells in the County of Somers et , Westminster , Manchester , Northampton , Norwich , Yorke , Darby , and Launceston , for all such Felons as may have the benefit of their Clergy by the Laws of this Weale publique , & for none else ; For Treasons , Rapes , Burglaries , Robberies by the high way , or in a house where any are put in feare : burning of houses or barnes wherein corne is layd : robberies of Churches , Chappels , or other hallowed places : stealing of Horses , or Mares , and Murder , with their abbettors , procurers , and counsellors : All these offences are excepted by the Statute of 26 H. 8. cap. 13. & 32. cap. 11. H. 6.

Of principall and accesiarie . Note , that in high Treason there is no accessary , but all are principals ut pat. 3 H. 7. fol. 9. So that what offence s oever maketh a man accessary in Felony , the same offence in high Treason maketh him principall , therefore it is to be seen who shall be accessaries in petty Treason , or Felony , or in other like crimes , in which accessaries may be .

Of accessaries before the offence committed . Note , that if one procure or command another to do a Felony , but is not present there when the other doth the same : This procurer or commander is but Accessary before the Felony done , ut patet 7 H. 4. fol. 30. but otherwise it is if he be present at the time and place , when and where the Felony is committed , for in that case he is a principall , ut pat . 7. H. 4. f. 13.

The same Law is , if a man bee present at the death of a man , and hee moveth and setteth on others to wound him and kill him , in this case hee is as farre forth a principall as he that killed him , quod vide 13. H. 7.

The same Law is , if hee were present , and commeth ●hither for the same purpose , though that at the same time he moveth not the other to strike him , or kill him , nor doth any thing himselfe , yet he shall be adiudged as a principall , ut pat . 21. Ed. 4. Also vide tit. Co● on . in Fitz. fol. 309. where it was found that one that was present , yet did nothing , but would have ayded his companion , if the dead person had made any resistance , and for that hee was adjudged a principall . And according to this vide ibidem pag. 314.350 . & 433. That all those that come in company in any place , or any ass embly where any evill is done , bee it homicide , robbery , or any other trespasse , they shall all bee accounted as principall doers , though that they doe no hurt at all . And therfore a man was condemned in that he was a disseisor where a man was killed , and it was said by twelve that he came not thither to doe any evill . And note , that as it was of homicide , or murder , even so it is of any other felony , as of rape or robbery , qnod vide titulo Coron in Fitzh . 228. & 11 H. 4. where in an appeale of Rape against two as principalls , whereas one did not the act , but assisted and ayded his companion to doe the same , & titulo Coron in Fitzh . fol. 350. & 324. where onely one did the robbery , and the other were in his company , and came with him for the same purpose , &c. But if one doe chance to be present when another is slaine , or when another felony is committed , and commeth not in the Company of the felons , nor is of their confederacy , although he withstand not , or disturbeth not the selon , nor levyeth hue and cry , yet hee shall not be said either principall or accessary : for it is not felony in him but finable as a trespasse . And if such a man bee within age , he shall have no punishment , quod vide titulo Coron 395 & 14. H. 7. f. 33. & vide titulo praed. 293. where such a man that was of full age , was but amerced in such a case , &c. Tamen 314. ibid , it appeareth that such s ufferance is felony , & so was the opinion of Shard 197 but it is against the law , as it appeareth in the books before cited , &c.

Also if A. hold B. in his armes till such time as C. killeth him . A. for that cause is principall ut pat . 15. E. 3. And note ye , that the law at this day as concerning accessaries , is as you have heard before , though that in ancient time some judges did varie in their opinions for Law , in that point : for it appeareth , tit . Corone in Fitz. 90.216 . That in the 40. yeare of Edward the third , they tooke the Law to be , That he that was present when any was slaine , and aiding and commanding the Killer , s hould not be principall , but accessary , &c. and in that they did agree with Bracton , who saith in this manner , viz. If those that were present joyned in the force and fact , &c. And after the attainder of the principall fact , he goeth to those that be appealed of sorce , and maketh the appeale in this manner , viz. A. appeales B. of force , that when the said A. and C. his brother were in such a place , &c. Also hee saith in another place . That if two bee appealed as Accessories to a third person , scilicet , one of force , and the other of commandement , they shall wage battell , before he shall that is appealed of commandement , force in a manner comprehends the fact which commands not . And so by him that is present when one is killed , and being counselling , aiding , or in any other manner assisting , so that he slayeth him not himselfe , he is then but accessory , &c. And with him agreeth the Statutes called Officium Coron , made the third year of King Ed. the first at West . 2. but the Law is not so at this day ; and yet the account in every appeale against the principall is , that every one principally did helpe , and did strike the parry slaine , deadly ; but to that may be said , That those words bee but words of forme , and also it is his helpe in Law , &c. If I command one to take another , and he goeth from me , and taketh him and robbeth him : If I be ab sent when he doth the s ame , that is not selony in me , ut pate tit. Coron in Fitzh . for that he exceedeth my commandement , and my commandement might have beene performed without Robberie , &c.

But if I command one to beate another , and thereupon hee beateth him to death , that s hall bee Felony in me that commandeth , ut pat. ibidem 314. for it is difficult and hard to beate a man in such sort , that it shall be sayd hee shall not dye of such beating , &c. therefore in such case I am accessory to him that killeth him , by reason that it was done upon my commandement , &c.

Accessories after the offence committed . That is , where one receiveth a Felon , well knowing of the Felony that he hath committed , or favoureth him , or by aideth him , hee there shall be s ayd to be an Accessory after the fact . But dis tinguend . est , of this ayde or councell ; for if he ayde him with his good word , and sueth for his delivery , or sendeth Letters for his deliverance , that maketh him not to bee accessory to the Felony : ut patet titulo Corone in Fitzh . pag. 195. &c. Nay , this definition is to be made of an Accessory , it extendeth onely to those that be Accessories to a principall atteinted ; for if after the atteinder one receiveth and aydeth him , That is , after he be convicted of the Felony by verdict , outlawry , or confession , he s eemeth to be an Accessory , though that he knew him not to be a Felon , in that hee is a Felon by matter of Record , of the which every stranger is driven to take Cognisance , tamen quaere ; for yee shall finde titulo praed. pag. 377. one note , which is thus , scilicet , Note ye , That when a man is indicted for the receiving a man outlawed for Felony in the same county , then he shall lose both life and members , Secus esset in alio com &c. Ergo thereof ensueth , That if one be outlawed for Felony in one Countie , and another receiveth him in another County , he shall not be Acces sory , for that he cannot take Cognisance of that which was done in another County , though that it bee matter of Record , &c , And agreeable to this note , I finde in Bracton written thus , If any man s hall give meate to such one after Outlawry , shall entertaine or receive him , nay but hide him , he shall be punished in the manner the Outlaw should . So that it seemeth he maketh no difference betweene matter in fact and matter of record , &c. in that he maketh Scientermateriall in the case , &c. And note yee , that by the common-Law , if one commit Felony in one County , and before his atteinder one other receiveth him feloniously in another County , that was not felony in the receiver for default of tryall , in that those of the County where the Accessory offended , could not have Cognisance of the principall offence committed in another County , quod vide titul Corone pag. 33. & 43 Ed. 3. wherefore a Statute Law was made annis 2 , & 3. Ed. 6. which is in this manner : Forasmuch as the most necessary office and duty of Lawes , is to preserve the life of man , and condignely to punish such persons that unlawfully and wilfully murder , slay , and destroy men , &c : Note the preamble of this Statute . And also it is a common practise amongst arrant Theeves and Robbers in this Commonwealth , that after they have robbed and stolne in one county , they will convey their spoyle , and part thereof so s tolne , to some of their adherents in another County , where the principall offence was not committed , nor done , &c. By this preamble it appeareth , That if one feloniously received parcell of the Goods stolne , that he shall thereby be an accessory , &c. quaer . thereof ; for yee shall finde titulo Coron. in Fitzh . pag. 126. That one shall not be Acces sory for receiving of goods stolne only , if he receive not the Felon himselfe also . And therefore the Indictment was there , That knowing and seloniously received the Theefe , &c. and he was discharged thereof ratione jam dict . But if he had as well received the Felon hims elfe , as the goods , then otherwise it were , ut patet 9 H. 4. fol. 1. & tit . Coron. in Fitzh . pag. 427. where a Felon did flye to his brothert house , and his brother did shut the doore , and the Country that pursued him were deceived thereby 〈◊〉 for they did conjecture that hee had continued in the house , when he did flye thence to the Church ; whereupon his brother was adjudged accessory to that Felony , &c. ut pat. ibidem pag. 196. That a man may be an Accessory to an Accessorie : As if a man felonious ly do receive him that is an Accessory to a Felon , &c. Also it appeareth there pag 48. That hee that receiveth an access ory of a Felony , is principall , and not accessorv , &c. And the reason thereof as I understand , is , for that by this receite a new Felony is committed by him , though that it dependeth upon the ancient and former Felony , &c. And note ye , that Bracton counteth an Accessory , a receiver of bad men , &c. ut supra c. 19. fol. 26. and saith , that a woman cannot bee acce ssory to her husband .

Access ories by statute . I have already intreated of Accessories by the Common Law , now therefore I will entreat of Accessories by the Statute-Law . It seemeth though an offence bee made Felony by Statute , though the same Statute doth not speake exprefly of abettors , procurors , counsellours , and receivers , yet it be shal taken to be within the compasse of that Statute , as it appeareth in the Title of Treason , 19. H. 6. where the consenter and ayder to the counterfeiting of the great Seale , or the Commonwealths money , was adjudged a Traitor : And yet the words of the Statute are , if a man doe counterfeite , &c. the which thing the other seemeth not to have done , in that hee ●as not but con senting and ayding to the same , &c. The same Law is in case of Rape , where one did the fact , and another assisted him , and ayded him to commit the Rape , he thereby is a Ravisher as far forth as his companion which did the Rape indeed , as it appeareth 11 H. 4. & tit. Coron. in Fitzh . pag. 120. And yet notwithstanding the words of the Statute of Westm. 2. cap. 3.4 . are , If a man ravish a woman , &c. but that was the cause of the Rape , without which perhaps the Rape had not been committed : and pincipall doer , in that hee was present when the fact was done , and therefore as well culpable of the fact as the principall doer is . And if any be acquitted of a principall fact , hee is then acquitted of all offences as accessory before the principall fact committed , but not of offences perpetrated as Accessory after the principall fact done , as it shall appear after : And therefore some will argue in this case , as though that Accessories before the offence committed , be taken to bee within the compasse of a Statute that maketh Felony , though they be not expres sed , for the rea son before made : yet notwithstanding that proveth not , that accessory after the offence perpetrated , should be within the compasse of such a Statute if it be not expressed . But how s oever it be , those of the Parliament in the time of King H. 8. provided for the same , as it appeareth as well by the Statute of Hunting , anno 32. H. 8. as by other Statutes which at this instant are not in force . And by a Statute made in the first and second yeare of P. & M. against unlawfull and rebellious ass emblies , which Statute is yet in force . And by a-Statute made 1. M. concerning Egyptians as yet also being in force . The which Statute providech as well for Acce ssories before the offence perpetrated as after , vide the Statute of 3. H. 7. of those that take maides , widdowes , or wives against their wills , where the words are , that such taking , procuring , and abetting to the same , and also receiving wittingly the sayd woman so taken against her will , and knowing the same , is Felony : And that such misdoers , takers . procurers , and receivers to the same , knowing the sayd offence in forme afores ayd , hee henceforth reputed and judged as principall Felons . Note , as it s eemeth there is no Accessory in this offence upon the Statute , in that by the words they be reputed and judged as principall Felons , which maketh them as it seemeth all principals , &c.

Note , that in an appeale of Mayhem , the Plaintife may chuse to make every of them principals , or him onely that did hurt him , to be principall , and the others Acces sories , ut patet 215.221 . & 199.

How the principal shall first be attainted , and after the accessories . There are three s orts of attainders , viz. by confessions by verdict , and default or outlawry , and in all these case the principall ought to be attainted before the Accessory : but in the manner of proceeding to this attaint , there are diversities of opinions ; for Bracton saith upon the attainder by process in this manner , the causes of Outlawry may bee many , &c. So that it appeareth , that at that time there was diversities of opinions about the manner of atteinder of Accessories by Outlawry , which diversity was taken away by the Stat. of Westminster the first , the which is thus , viz. And for that , that men have used in some countries to Outlaw the people appealed of commandement , force , ayde , and receiptment within the same terme , in which a man should Outlaw him that is appealed of the fact as principall . It is provided and commanded , That none be Outlawed for appeale of commandement , force , ayde , or receiptment , untill he that is appealed of the fact bee attainted : so that one onely Law thereof be throughout the whole Land , &c. But hee that will appeale , should not therefore cease to continue his appeale at the next County against those , as well as against the Appellees of the fact , but the Exigent against them shall stay untill such time as the Appellees of the fact bee attainted by Outlawry or otherwise . This Statute is not to bee understood of Appeales commenced by Bill : for Appeales commenced by Writ , there appeareth not any to bee Accessary till such time as the count bee made , the which is not made , till such time as there bee also appearance for the Accessory , ut patet 43. Edw. 3. fol. 15. wherefore in that case where an Appeale is commenced by Writ , if the Plaintife will pray the Exigent against all , he is thereby concluded to count after , against any one of them as Accessory , for if otherwise , &c. hee s hould not have the Exigent against all them untill the principall had been outlawed , for in that case he is concluded , ut patet tit . Coron. in Fitz. pag. 80. This Statute willeth that the appellee of the fact be attainted before the Accessory shall be Outlawed : Admit then , that at the time when the Accessory is at the Exigent , the principal appeareth , if then the Exigent shall be awarded against the Accessory , till that the Proce ss against the principall be determined , &c. It seemeth not , for notwithstanding that the Process be determined , yet the principall is not attainted ; and untill such time as he be attainted , the Accessory ought not to be Outlawed , ut supra 7. H. 4. fol. 31. That which is sayd , extendeth to that where the Accessory doth not appeare but maketh default : Wherefore now let us see what shall be done when the Accessory appeareth in judgement , and the Principall also , and in respect thereof , note you that by the ancient Law , the Acce ssory should not be put to answer , till such time as the principall had been attainted , ut patet per Bracton , If all be present , those as well of force as of fact , the proceeding must bee against all in order , but those of force are not , to answer till the fact be convinced , &c. And agreeable unto him is the booke of 44. Edw. 3. fol. 9. & tit. Coron. in Fitz. 216 . but since that time the Law hath been changed , &c. For now , be it that the principall appeare , or make default , the Accessory , if he appeare , shall answer , but if hee plead to an issue , processe shall cease to bee awarded against him for his tryall , untill the principall doe appeare , or or be attainted of Outlawry , ut pat. & 9. H. 4. & 7. H. 4. but yet those Process against the Jury shall not cease , unless the Accessory will , for if the Accessory will pray Proce ss against the Inquest , before the principall be attainted , hee shall have them , in that it is domage to none but himselfe . And whether he be attainted or acquitted , it is good , and he shall not be againe arraigned for that offence ; for the taking of the Inquest or verdict is not erroneous for the reason before made , ut patet titulo Coron. 463. The same Law is if the Accessory will wage his battell with the appellant before the Principall doth come , ut patet ibidem pag. 8. for he may waive the benefit that the Law doth give him therein , &c.

Note ye that if the plea which the Accessory doth pleade , be a plea in abatement of the whole writ , the principall therein shall have the advantage , notwiths tanding his absence , so that the Exigent that is to bee awarded against the principall shall stay till it be known whether the whole writ shall abate or not , ut patet 9 H. 4. but if they both doe appeare , viz. the principal and the accessory , then the principall must first answer , and after the accessory , for such answer the principall may make , that the accessory shall not bee put to answer till the answer of the principall bee tried . And that is where the principall doth not pleade directly to the felony , but some other plea ; As if he plead that he was once before attainted of the same Felony , and the appellant to the contrary that is not so , and so they are at issue , in this case the Accessory shall not answer before that is sue be tryed , 9 H. 7. Quaere if the like Law bee where the principall pleadeth in abatement of the whole writ , &c. But if the Principall pleade to the Felony , the Accessory then presently after such plea s hall pleade also : And if they be at issue , a venire fac may bee awarded against them all , ut patet tit . Coron . where Fortescuesaith , that if at the day in the Court the principal maketh default , the Inquest shall not be taken for the accessory , but that the Inquest shall goe without day , and the principals , manucaptors or sureties , shall make their fine , &c. And that agreeth with that which was sayd before , s cilicet , that the Inquest shall stay for the Accessary till such time as the principall commeth to bee attainted by outlawry , &c. Note , when I s peake of the principall , I meane then all the principals ; for if there be divers sued as principalls , and some of them doe come , and some doe not , yet the Inquest shall stay untill all the principals doe come , or bee attainted of Outlawry , if it bee so that hee bee appealed or indicted as access ory unto them all : otherwise it is if hee not appealed or indicted as accessory to one of them ; for there it sufficieth those principals onely to come , or to bee attainted for whom hee is appealed or indicted as accessory , without having regard to the residue , quod vid. 7. H. 4. fol. 30. & tit. Coron. in Fitzh . 216. Also note yee , that it is requisite that this attainder of the principall be in the same suite in which the accessaryes be sued , for if it bee in another suite , that will not permit the Accessorie to proceed in his Inquest till such time as the principall that is sued with him doe come in , or be attainted by Process as aforesayd . And in an appeale of death , against the principall and the accessory , the principall before that time is attainted of the very same death , upon an Indictment at the Keepers of the Liberty of England by authority of Parliament suite , ut patet 7. H. 4 . fol. 30. Quaere , if the access ory shall pleade for his discharge the acquittall of the principall in another suite , ut patet 277. Also it seemeth , that if the principall since that attainder is dead , and the Justices before whom such Accessory is sued , have before them the record of the attainder , that then they may proceed against the Accessory , otherwise not , 7. H. 4. fol. 23. Wee have sayd before that the Inquest shall not proceed against the Accessory , till such time as the principall doe come in , or be attainted , &c. Admit then that the principall doth come in , and will say nothing , but stand mute ; What s hall in that case bee done with the accessory ? Hussey saith , 3. H. 7. That , that notwithstanding , the Accessory s hall be arraigned , quod vide titulo Corone 36. & 51. where the principall challengeth above the number of 36. which was peremptory to him , therefore hee was hanged without farther triall , because he should challenge but jus t 36. or under , and not above , and in that case the accessory was tried and found guilty ; and the justices did advise with themselves , what should be done in that case , for they were of divers opinions , &c. This attainder whereof wee have so often spoken , though that it be erronious , yet not withstanding that court shall proceede with the acce ssory , for the accessory shall utterly take advantage of that error , quod vide anno 2 R. 3. f. 21. Als o there is one case , that although the principal be not attainted , yet the Accessory s hal be hanged , As if one Abjure as Accessorie , and afterward the Principall cometh , not being attainted , Tamen-the Justices in favore vitae , did inquire if the Accessorie was attainted or not . The same law shall be in the cases abovesaid , as it seemeth where the Accessory of his own good will will wage battaile , or have the inquest proceed before the Principall doth come , &c.

Whether the acquitall of the principall discharge the acces sory , or not . Note , That if the principall be acquitted , the Accessory , is thereby discharged , for Bracton saith , where no fact was , no force , no command ought to hurt , where the wrong had no effect , &c. Wherefore it is clear , that the acquital of the principal , is also the acquitall of the Accessory , or if it happen that the principall cannot bee tried , as if hee dye in prison before hee be attainted , thereby the Accessory is discharged , otherwis e it is if he die after the Attainder , &c. The same law is , if before the principall be attainted of the felonie , he is attainted of another felony and hanged , the accessory hereby is discharged , ut patet tit Coron in Fitz. 378. The s ame law is though he be not hanged after the attainder , in that case he shall ans wer to any other felony , unlesse it be robbery or Treason . The same Law is , if it be found that the principall killed him se defendendo , the access ory is thereby discharged , ut patet 116. Et tamen there the principall purchaseth his Pardon , &c. But that Pardon argueth not that hee is culpable in any other manner than se defendende . But of other pardons otherwise it is , for if the principall doth pleade his pardon to a felony generally , without any speciall matter found , the which should cause the pardon , and is thereby discharged , yet that shall not discharge the Accessory , but hee shall bee found guilty of the felony , ut pat. tit. pred . 260. for by such a pardon the felony is confessed , of which felony he prayeth to be discharged ex gratia Custod . Libertatis Angliae Authoritate Parliamenti , and not by course of the Law , as it was done in the other case , Quaere tamen , for the contrary is agreed by way of argument , 3. H. 7 tit . pred . 53. And also by the opinion of Thyrn . 7. H. fol. 13. And this reason is , that when the life of the principall is given him by the law , in what manner soever it be , the felony is extinct in his person , & by cons equence acquited .

And so it shall be where the principall taketh him to be his Clergie . And with this case agreeth the booke of 3. H. 7. fol. 2. tamen Fitz. tit praed. 53. hath reported that booke of 3. H. 7. to the contrary , sc. that not withs tanding that the principall shall have his Clergy , yet the accessory shall be hanged . And according to that ye shall finde ibi . 270. & 266. Sed di stinguendum est , of the cas e of the Clergy , sc. whether he be Clerke convict , or clerke attaint , for if he be clerke attaint , by the ancient Books the Accessory shall be hanged , for that the principall in that case cannot at any time make his purgation , and otherwise perchance , if hee were Clerke convict , in that the Clerke convict may make his purgation , wherefore in that case they did use to let accessories to maineprise , untill such time as the principall had made his purgation , &c. ut patet tit . Coron. 145 , 176 , 252 , 376 , 193 , & 7. H. 4. fol. 13 . & 13. Ed. 4. fol. 3. and then upon his purgation to dis charge the Accessory , and if he died or escaped before purgation , &c. then to proceed to the attainder of the Accessory , &c. Quaere if the difference will hold place at this day in that , in the new books before they have expugnancy of opinion in the case where purgation is to be done , That is to say , in the case of a Clerke convict , for some would in that case that the accessory s hould be discharged , and some would not . So that in that case of the Clergy , and of the pardon , the new bookes and the old agree not .

Note where it is said before , that the Acquittall of the Principall , is al so the acquittall of the Accessory , That is to be understood , if it be not in an appeale when the accessory is to recover damages , for if hee will recover damages , hee ought to bee tryed notwithstanding the acquittall of the principall , ut patet in Fitzh . pag. 223 . Quaere if that be Law now , by use , for it s eemeth reasonable that he should have his damages upon the acquitall of the principall without being tryed , or otherwise should ensue that the Court would admit an Acces sory whereto then it appeareth that there is no principall , which should be inconvenient ; for as Bracton hath well said , The Appealers cannot omitting the first and principall Appellee , wage battell with the Appellees of force and command , &c. Quod nota . In my Lord Cookes 4. booke of Reports , fol. 44 . In an appeale brought by one Bibithes , Termino Paschae , anno 39 Eliz. It is there resolved for Law , that although the principall was convicted by verdict , yet in s omuch that he had his Clergy , his accessories both before and after the Felony were dis charged , and the same Law is there resolved , if a principall upon his arraignment confesse the felony , and before judgement gets a pardon or hath his Clergy allowed him , the acce ssory thereupon is dis charged . 2. E. 3.27.22 . E. 3. tit . Coron. 260. 5. H. 4.16.19 . H. 4.5.3 . H. 7.1 . & 3. H. 7. tit . Coron. 53.

An Appeale of Murder and Robbery .

South . A.G. viz. the late Wife of R.G. in proper person instantly appeales M. D. late of N. in the County of S. Yeoman , and I.B. late of A. in the County aforesaid Yeoman , in the custody of T.P. Knight Sherife of the County afore sayd , and to the barre brought in her owne person . of the death of the afores ayd R. lately her husband , of that , that where the s ame R.G. 28. day A. the yeare , &c. was in the peace of God , and the sayd Commonwealth working and labouring in burning of Coales in the land of I.G. Knight , called S. in a certain place there called a Coale place , at C. in the county aforesayd , where there came the aforesayd M. D.and I.B. as Felons of the sayd Commonwealth , and by assault , and of malice forethought , the aforesayd R.G. of his goods and moneyes to robbe and s poyle , upon the same R.G. aforesaid , 28. day of A. and yeare , &c. aforesayd , about the ninth houre after noone of the same day , by force and armes , viz. with staves , knives , &c. at C. aforesayd , in the place aforesayd , assaults made , and the same R. G. then and there feloniously and wilfully slew , and murdered , and the s ame R. so slaine incontinently carryed away to a certaine wood called , &c. distant from the afores ayd place about 10. perches , in the parish of T. in the same county , and him there in a woody place of Oakes hid and cast downe , and his throate then and there cut against the peace publique , and as soon as the same Felons the Felony and Murder aforesayd had done , they fled , and the afores ayd A. then freshly pursued from towne to towne , as farre as foure townes next and farther , untill &c. And if the aforesayd M.D. and I.B. the Felony and Murder aforesayd , in forme aforesayd done , will deny , then the aforesayd A. is ready the Felony and Murder aforesayd against them to prove , as the Court here , &c. and she found pledges of pro sec. of this Appeale , viz. I.W. & C.E. &c.

E.P. of H. in the County aforesayd Yeoman , in his own person , according to the forme of a Statute in the Parliament of the L. King R. late King of Engl. the second after the Conquest , at Westminster the sixt yeare of his reign held , made , instantly appeals I.B. lately of H. in prison , &c. of that , that where I. the Wife of the aforesayd E.P. was in the peace of God and the Commonw . now at H. in the County aforesaid , the aforesayd day , &c the yeare , &c. about the houre , &c. There came the aforesayd I.B. as a Felon of the Commonwealth . Now of treachery and assault fore-thought against the peace of the publique , the day , year , houre , and place aforesaid , the aforesaid A. then and there feloniously ravished , and with her then and there carnally lay , and the soyd I. to the same I.B. after the rape aforesayd , in forme aforesaid done , viz. and the day and yeare , &c. as to the doing the said rape consented , and him for the s ame rape according to due forme of Law refused to punish , and as s oon , &c.

Appeale of Rape by the next a Kin.

W.L. next of bloud to I. daughter and heire of T.L. now dead , viz. brother of the aforesaid T.L. father of the aforesaid I. feloniov sly ravished , in his proper person instantly appeales R.P. of K. in the county of S. Yeoman , and in the custody , &c. according to the form of the Statute of the L.R. lately King of Engl. the second after the Conquest , the sixt yeare of his reigne , held , made , of the rape of the aforesaide I. and of the peace of the Commonwealth , now broken , of that that where the said I. was in the peace of God and the Commonwealth at M. in the county of E. the day , &c. the yeare , &c. about the houre , &c. there came the aforesaid R. as a Felon of the commonwealth , now by treachery and assault fore thought , against the peace publique , the day , yeare , houre , and place a foresaid , and the aforesaid I. feloniously ravished against the forme of the Statute aforesaid . And as soon , &c.

I A. in his proper person appeales R. L.of D. in the County of S. Yeoman , of that , that where I. A. was in the peace of the Commonwealth now at C. in the County aforesayd , the day , yeare , &c. about the eigth houre afternoone of the same day , where came the afores ayd R. feloniously as a Felon of the Commonwealth there by treachery and assault forethought against the peace publique , the day , yeare , houre , and towne aforesayd , with a certaine arrow shot the aforesayd I.A. in the left knee , by which the veines and nerves were dryed up , and s o him feloniously he mayhemed , and as soon , &c. and if &c. the same I. this is ready against him to prove as the Court , &c.

D B. in his person in s tantly appeales R.E. of cutting out the Tongue of him D. and the peace publique broken , for that , viz. that when by a certaine Statute in the Parliament of H. 4. lately King of England , the fifth yeare of his reigne , at Westmin . held , made ; It is ordained , that Malefactors who shall cut out the tongues , or pluck out the eyes of the people of the Commonwealth , this duely proved and found , that such fact was done out of malice forethought , shall incurre the paine of Felony , as in the Statute aforesayd more fully is contained , and where the aforesayd D. was in the peace of God and the Commonwealth now at H. in the County aforesayd , the day and yeare , &c. about the houre , &c. there came the aforesayd R.E. feloniously as a Felon of the Commonwealth , by treachery and assault forethought , against the peace publique , the day , yeare , houre , place , and county aforesaid , and with a certaine knife , which he held in his right hand , the tongue of him D. feloniously he cut out ; and at soon , &c.

A Felon appeales and calls for the Coroner .

MEmorand. that on Tuesday , &c. I. R. lately of L. &c. diverse Felonies before the Keepers of the Liberties of Engl. by authority of Parliament in the upper Bench at Westm. acknowledges to have committed , requiring a Coroner of the Commonwealth for the good of the Commonwealth to be a ssigned him ; and an Approver the said R. became , upon which I I.W. Coroner of the Commonwealth was assigned to him by the Court , to record those things which the sayd Approver would soy or acknowledge before me , and dayes were given to the same approver by the Court for his dayes of appeale , viz. Munday , Tue s-day , Wednesday , then next following , and after , viz. on Munday aforesayd , before me the afores●yd Coroner , at W. came the approver under the cus tody of the Marsh all of the Keepers of the Libertyes of England by authority of Parliament in his proper person and appealed T.C. lately of L. and H. lately of S. of that that the afores aid T.C. with the approver about the first day of S. in the year , &c. at B. in the County of M. one peece of Silver to the value of 30 s . of the goods and chattels of A.B. feloniously stole , and the aforesayd H.R. knowing them T.C. and the approver so to have committed that Felony , then at B. the aforesaid fourth day then next following received , and the peece of silver afore said , of them bought , &c.

Let the same manner be observed in others alike .

Otherwise , viz. Thursday next , &c. the year , &c. at O. I. B lately of H. Yeoman , before L. M. and his companions Justices , &c. assigned the peace in the County aforesayd to conserve , was indicted of this , that he the day and yeare &c. ( reciting the Indictment ) against the peace publique , &c. being before the aforesaid Justices asked How hee would acquit himselfe of it ? Acknowledged the Felony aforesayd , and an Approver of the commonwealth became , and requested a Coroner of the Commonwealth to bee assigned unto him , upon which I I. W.one of the Coroners of the Commonwealth of the County aforesayd , was assigned to heare and record those things which for the good of the Commonwealth , he would say , or before me acknowledge , and after , viz. such a day , &c. sayd before me the aforesaid Coroner at E. the aforesayd approver , that W.I. of L. in the County of L. Yeoman , and the same approver in the way publique betwixt W. and B. the distance of ten miles from B. aforesayd , the tenth day , & c. yeare , &c. upon a certaine I.B. assault made , beate , and ill treated him , and six markes sterling in ready money of the Goods and Chattels of his I. B. then and there found , feloniously tooke and robbed , whence the same approvor the aforesaid W.I. appeales .

THis you heare Sir Coroner that I B.C. am a Theefe of one horse , or something else , or an homicide of one man or more ; As a felon of the King , &c. And because many mi schiefes and robberies I have committed , I abjure , &c. and I ought to ha ste me to the Port from such place as you have appointed me , nor ought I to divert to any other way , and if I doe , I will that I bee taken as a Theefe and Felon of the King , and that at such a place I will seek diligently my passage , and will not expect but one flow and ebbe , if I can passe , and if in such space I cannot goe over , I will goe every day into the sea up to my knees , and trying to passe , and if I cannot doe this within forty dayes together , I will put my s elfe into the Church as a Theefe and Felon of the King . So help me God and his doome .

But it seemeth by the Statute of 22. Hen. 8. that this kind of Abjuration is taken away , and that it was the Kings pleasure that such person which did abjure , s hould be abjured from all his ability , to some Sanctuary within this Realme there to continue during his life , and that hee should bee burnt in the right hand with this letter A. to the end he might be knowne to bee an abjured person , and if after hee was taken abroad out of the Sanctuary , then hee should undergoe such punishment as persons abjured did before the making of the s aid Statute : And if any Felon refuse to abjure before the Coroner , he shall lose the benefit of the Sanctuary by the Statute of 21. H. 8. c. 2 .

This heare you Sir Coroner , that I J.M. of H. in the county of S. am a Popish Recusant and in contempt of the Lawes and Statutes of England , I have and doe refuse to come to their Church , I doe therefore according to the intent and meaning of the Statute made in the 35 yeare of Queene Elizabeth late Queen of this Realm of England , abjure the Realme of England . And I shall haste mee towards the port of P. which you have given and ass igned to me , and that I shall not goe out of the Highway leading thither , nor returne backe againe , and if I doe , I will that I bee taken as a Felon of the Commonwealth : And that at P. I will diligently seeke for passage , and I will tarry there but one flood and ebbe , if I can have passage , and unlesse I can have it in such space , I will goe every day into the Sea up to my knees , assaying to passe over : so God me helpe and his holy judgement , &c.

The forme of a Certificate of an Abjuration .

MEmorand. what happenned at E. in the County of S. on Saturday , viz. the twentieth day of I. the year , &c. a certaine R.S. lately of P. in the County of L. Yeoman , tooke the Church Parochiall of P. for freedome and tuition of holy Church there to bee had , by occasion of diverse Felonyes by him before committed , and requests a Coroner of our Lord the King to be brought to him , upon which I I.W. one of the Coroners of our Lord the King of the County afores ayd , came to him to the Church aforesayd being , and hee before mee the s ayd Saturday in the Church aforesayd confessed and voluntarily acknowledged that hee the 27. day of May then last past at L. in the Parish of Saint S. in the Ward of F. one Mazer coverect with silver of a certaine I.B. in the house of him I. being , to the value of thirty shillings feloniously stole , for which felony hee required of mee the aforesayd Coroner the Realme of England to abjure ; upon which the book being delivered to him by me the aforesayd Coroner , the same R. the Realme aforesaide before me the aforesaid Saturday , in the Church aforesaid abjured , into the same Realme never to returne , without s peciall lycense and reconciliation of the King of England , and as signed was to the same R. for his passage out of the Realm , the port of Dover , the crosse in his hand put , as the Law and custome of England is .

One taken out of the Sanctuary petitions for restitution .

UPon this came the aforesaid E. and sayes that hee the 14. day of I. the year , &c. tooke the Church of Saint G. at S. in the County aforesayd , for diverse Felonies by him before committed , for safety of his life , and tuition of holy Church , and requests the priviledge of that Church . And that I.L. and others to the same G. unknowne , him then and there out of the Church aforesaid violently and against his will tooke and carryed away , and this &c. and he sues to bee restored , &c. and &c. to the Felonies not guilty .

An Inquisition in Murder .

AN Inquisition by Indenture taken at B. in the County aforesayd , Tuesday , viz. the 21. day of December , the yeare , &c. before me I.S. Gent. one of the Coroners of the Commonwealth of the County aforesayd , upon view of the body of a certain E.S. Gentl. there dead lying , by the oath of I.S. &c. Jur. trie . and charged to enquire in what manner and how the aforesaide E. to his death came , who say upon their oath , that I.H. of S. in the County aforesayde , Yeoman , the fourth day of August , the yeare , &c. at B. aforesayd , in the County afores ayd , a bout the houre of ten before noon of the same day . God before his eyes not having , but by instigation diabolicall seduced and moved , of his malice forethought , feloniously as a felon of the Common-wealth , in and upon the said E.S. in the peace of God and the Commonwealth being ; then and there by force and armes a ssault and affray made , and that the aforesaide I.H. with a certaine s word of the value of five shillings which the same I.H. in his right hand then and there held , then and there the aforesaide E.S. feloniou sly stroke , and with the sword aforesaid gave the same E.S. then and there one wound mortal upon the left knee of him E. wholely cutting off a certaine bone of the aforesaide knee of him E. called the panne of the knee , the length foure inches , bredth two inches , and depth two inche● , of which wound mortal , the same E.S. the twentieth day of December , the yeare abovesaide , at E. aforesaid in the Countie aforesaid dyed , and so the Jurors aforesaide , upon their oath aforesayde say , that the aforesaide I.H. in manner and forme aforesaide the aforesaide E.S. feloniously , and of his malice forethought slew , and murdered , against the peace publique , and further the Jurors aforesaide , upon their oath aforesaide say , that the aforesaid I.H. at the time of the felony and Murder afores aide done had no goods nor chattels , lands , nor tenements in the Countie afores aide within their knowledge . In testimony of which thing , as well I the aforesaid Coroner , as the Jurors aforesaide , to this Inquis ition our s eales alternately have set , the day , year , and place aboves aide .

By I.S. one of the Coroners of the said Commonwealth , of the said Countie .

Murder .

South . AN inquisition by indenture taken at H. in the County aforesaide before me I. W. Gentleman , one of the Coroners of the Commonwealth of the Countie aforesaide , Tuesday , viz. the twentieth day of Ianuary , the yeare , &c. upon the view of the body of a certaine C.B. lately the wife of P.B. of H. aforesayd at H. aforesaid , feloniously slaine , then and there dead lying , by oath of good and legall men of the towne of H. and of three other townes near viz. S.N. and C. as the manner is , &c. To enquire in what manner and how , the aforesaide C. to her death came , viz. by the Oath of A.B.C.D. &c. to the number of twelve at leas t , who say upon their Oath , that where the aforesayde C. the day , yeare , place , and County aforesayd , about the houre of two after noone of the same Tuesday , was in the peace of God and the Commonwealth at H. aforesaid , there came a certaine W.B. lately of C. in the County of W. Gentl. feloniously as a felon of the Commonwealth , by treachery and assault forethought , against the peace publique , the day , yeare , houre , place , and County aforesaid , upon the afores aide C. his Mistris then bigge with childe , and neare her time of Childbirth , as sault made , and with a certaine Hatchet of the value of foure pence , which the said W. then and there in his hands held , on the left part of her head feloniously struck , giving her a wound mortall , of which wound mortall the same C. instantly dyed , and so the Jurors aforesaid upon their oath aforesaide say , that the afore saide W.B. the aforesaid C. his Mistris , then and there feloniously slew and murdered a●ainst the peace publique , &c. In testimony of which , &c.

AN Inquisition , &c. upon the view of the body of a certain J.S. there dead lying , by oath of A.B.C.C. &c. to the number of twelve at least of Jur. trie . and charged to enquire in what manner and how I.S. to his death came , who say upon their oath that it so happened , at M. in the County aforesaid , the day , &c. year , &c. about the hour , &c. that where the aforesaid I.S. was in the peace of God , and the Commonwealth at M. aforesaide , the same day , yeare , place , and houre , there came W.L. of M. afores aide , and S. T. of S. in the Countie aforesayd Teoman , as Felons of the Commonwealth of their malices fore thought , upon I.S. then and there assault made , and the aforesaid W.L. with a certaine Ponyard , which in his right hand then and there hee held the sayd I.S. upon the left part of his body , viz. upon his armehole struck to his heart , giving him a wound mortall , upon which the same I.S. instantly died . And so the Jurors aforesaid , upon their Oath aforesaide say , That the aforesaid W.L. the aforesaid I.S. at M. aforesaid , in manner and forme afore said , feloniously slew and murdered against the peace publique , and further the Jurors aforesaid , upon their oath aforesaid say , That the aforesaid T.S. the day , yeare , place , and houre aforesaide was present assisting , abetting , precuring , comforting , and maintaining the aforesayde W.L. to the Felony and Murder afore said , in forme aforesaid doing and committing . In testimony of which , &c.

Manslaughter .

AN Inquis ition , &c. aforesaid . Who say upon their oathes That R. S.lately of D. in the County aforesaid yeoman , the nineteenth day of December , the yeare , &c. by force and armes , viz. with s words , &c upon a certaine T.G. at D. aforesaid , in the County aforesaid , with a certain Candlestick of the value of twelve pence , which the same R. in his right ha●d then and their held , the same T. upon his head feloniously struck , giving to the same T. then and there one wound mortall of the length of two inches , the breadeth of one inch , and the depth of three inches , and after , viz. the same day , yeare , and place . T. then and there to the ground thronne , with his hands and knees so fiercely and violently hee shooke , that the aforesaid T. of the wound and shaking aforesaide dyed . And so the Jurors aforesaid , upon their oath aforesaide say , That the aforesayd R. the aforesaid T. in manner and forme aforesaide , then and there feloniously slew against the peace publique , &c. And further the Jurors aforesaid , upon their oathes aforesaid say , That the afore said R. at the time of the Felony aforesaid , by him as aforesaid done , had no goods or chattels , lands , or tenements in the County aforesaid , nor elsewhere within their knowledge . In testimony of which , &c.

Robbery and Murder by a man unknown .

South . AN Inquisition , &c. Who say upon their oath that the twenty fourth of S. the year , &c. so it happened , that a certaine man unknowne , God before his eyes not having , but by instigation diabolical seduced , and moved ; with force , and armes , viz. with swords , &c. betwixt the houres seven and eight of the same day , at L. in the County afore saide , in the highway , there in and upon the aforesayde S.B. then and there in the peace of God and the Commonwealth being , feloniou sly as a Felon of the Commonwealth assault made , and the aforesayd man unknowne with a sword aforesayd , of the value of foure pence which the same man unknowne in his right hand then and there held , the aforesayd S.B. upon the breast then and there feloniously struck , giving the s ame S.B. then and there with the sword aforesayd , one wound mortall of the breadth of one inch , and depth of six inches , of which wound mortall the sayd S.B. then and there instantly dyed , and so the Jurors aforesayd upon their oath aforesayd say , that the same man unknowne the same S.B. in manner and foresayd feloniously slew and murdered against the peace publique , and further the Jurors afores ayd upon their oath aforesaid say , that the aforesaide man unknown after he the felony and murder aforesaid , viz. in form afore said had done and committed Fled against the peace publique . In tes timony of which , &c.

Murderer of him selfe who hangs himselfe ; no forfeiture of Lands .

AN Inquisition , &c. Who say upn their oath , that the aforesayd H.W. the fourth day of April , the year , &c. abovesaid , about the fourth houre after noone of the same day , God before his eyes not having , but by in stigation diabolicall seduced and moved , at T. aforesayd in a certaine Medow , of the same H. called Edes Meade , then and there alone being , with one girdle of Leather of the value of one penny which he then and there in his hands had and held , and one end thence about his neck then and there put , and one end thence about the bough of a certain willough tree bound , and himselfe then and there with the girdle aforesayd willingly and feloniously hanged and strangled . And the Jurors afores ayd upon their oath aforesayd say , that the aforesayd H. W.in manner and forme aforesayd willingly and feloniously as a felon of himselfe , himselfe murdered against the peace publique , and further the Jurors aforesayd upon their oath aforesayd say , that the aforesaid H.W. the time of the felony aforesayd , no goods or chattels had in the county within their knowledge . In testimony of which , &c.

AN Inquisition , &c. as above . Who say upon their oath , that the aforesayd A. ● . the third day of October , the yeare , &c. abovesaide , about the houre , &c. God before his eyes not having , but by instigation diabolical seduced and moved , of his malice forethought , at S. aforesaid , in the County afore sayd , then and there alone being , in a common brooke there himselfe willingly and feloniou sly drowned : And so the Jurors aforesayd upon their oath aforesayd say , that the aforesayd A.P. in manner and form aforesayd , then and there willingly and feloniously as a felon of himselfe , himselfe slew and murdered , against the peace &c. In tes timony of which , &c.

Of a mad man who drownes himselfe , it is not Felony .

AN Inquisition , &c. upon view of the body of a certaine G.P. there dead lying , by the ●ath of A.B. &c. sworne to inquire in what manner , and how the aforesaid G. p. to his death came , who say upon their oath , that the aforesaid G. P. the fourth day of May , the yeare , &c. abovesaid at H. being then and there not s ound of minde , himselfe into a Spring wilfully cast , and so the Jurors aforesaid , on their oath aforesaid say , That the afores aid G. B. from the cause aforesaid , in manner and forme aforesaid to his death came . In testimony of which , &c.

Of a prisoner who died in the Gaole .

AN Inquisition , &c. upon view of the body of a certaine H. C.lately of O. in the County aforesaid Husbandman , there dead lying , who before then committed was thither by B. T. Knight oon of the Justices of peace of the County aforesaid , for suspition of Felony , by oath of A.B. & c. who say upon their oath that the aforesayd H.G. the tenth day of Ianuary , the yeare abovesaid , in the Gaole aforesayd , of the visitation of God dyed , and so the Jurors aforesaide , upon their oath aforesaid say , that the aforesaid H.G. in manner and form aforesaid to his death came , not otherwise within their knowledge , In testimony of which , &c.

AN Inquisition , &c. Who say upon their oath that the fourteenth day of April , the yeare , &c. abovesaid at C. in the County aforesaid , betwixt the houres seven and eight before noon of the same day , with one Axe which the said L.H. then and there in his hands had and held , hee cut and threw downe one Oake then growing in a certaine wood called , the Chase , by reason of which throwing downe aforesaid , the aforesaid Oake , then and there by misfortune fell upon the head of the aforesaid L.H. giving the same L.H. one wound mortall of the length of three inches , and the depth of one inch , of which wound mortall of the length of three inches , and the depth of one inch , of which wound mortall , the afores aid L.H. th●n and there instantly died , and so the Jurors afores aid , upon their oath aforesaid say , that L.H. in manner and forme aforesaid , by misfortune to his death came . And further the Jurors aforesa●d say , that the aforesaide Oake is of the value of eight shillings , and that it lyes in the wood afores aide , now in the tenure , custodie , or occupation of a certaine I.S. In Tes timony of the which , &c.

Otherwise by misfortune by a Cart with its Loade .

AN Inquisition by Indenture , &c. who say upon their oaths , that the aforesayd R.W. the eleaventh day of October , &c. the yeare , &c. abovesaid , at P. aforesaide in the County aforesaide , going with his Cart from Redding in the County of B. to Ba singstoke in the County of Southamp . aforesaide , by the way betweene R. and B. aforesaide , viz. at P. afores aide , in the County aforesaid , his saide Cart with the loade fell upon the bodie of the afore saide R.W. and so broke his body , that of that breaking the aforesaide R. then and there instantly died . And so the Jurors aforesaid , upon their oath aforesaide say , that the afore saide R. W. in manner and forme aforesaid , by misfortune to his death came . And further the Jurors aforesayde , upon their oath aforesaid s ay , that then and there three Horses and two Oxen , with the Cart afores aide , and their Loade , viz. six Packs of wooll , containing in them by estimaion twenty four Tods of Wooll , moved to death the aforesaid R.W. and that the aforesaide three Horses and two Oxen are of the price of foure pound and tenne shillings , and that the aforesaid Horses , Oxen , and Cart , remaine in the custody of I.W. of P. afores aid , viz. the late wife of the aforesaid R.W. and that the aforesaide six Packs are of the value of sixteen pound , whence they say , that two of the aforesaide six Packs are of the value of foure pound thirteen shillings and foure pence , and remaine in the cus tody of H. P. of B. aforesaid , Clothier ; and that other three packes of the aforesaid six , are of the value of eight pounds , and remaine in the custody of T. B. of Romsey , in the County of S. Clothier , and the aforesayd one other pack , residue of the aforesayd Packs , is of the value of sixty s hillings and eight pence , and remaines in the custody of W. B.of R. aforesayd Clothier . In testimony of which , &c.

The Sherifes Oath for the due execution of his Office .

YOu shall sweare , that well and truly ye shal serve the Keepers of the Liberty of England by authority of Parliament , in the Office of the Sherife of the County of Southampton , and do the Commonwealth profit in al things that belongeth to you to doe by way of your office as farre forth as you can or may : you shall truly keepe the commonwealths right , you shall not assent to decrease , or lessing , nay , to concealment of the commonwealths rights or of its Franchses , And what s oever you have knowledge that the commonwealths right have been concealed or withdrawne , to be in lands , rents , franchises , or suits , or any other things , ye shall doe your true power to make them to bee restored to the commonwealth againe : And if you may not doe it , ye shall certifie the Keepers of the Liberty of England , or some of them thereof , ye shall not respit the Commonwealths debts for any guift or favour , where you may raise them wihout great grievance to the debtors : ye shall truely and rightfully treat the people of your Sherifwicke , and doe right as well to poore as to rich , in all that belongeth to your Office : ye shall doe no wrong to any man for any guift , or other behest or promise of goods for favour nor hate : ye s hall disturbe no mans right : ye shall truely acquit at the Exchequer all tho se of whom ye shall any thing receive of the Commonwealths debts : ye shall nothing take whereby the Commonwealth may lose , or whereby the right may bee letted or disturbed , and the Commonwealth delayed : yee shall truly returne , and truely serve all the Common-wealths Writs , as farre forth as shall be to your cunning : yee shall not have to bee your Undersherife any of the sherifes of the last yeare past : yee s hall take no bailife into your service , but such as you will answer for : you s hall make each of your bailifes to take such oath as you make your selfe in that belongeth to their occupation , you shall receive no Writ by you nor any of yours unsealed , or any s ealed under the seale of any Justice , saving the Justice in Eire , or Jus tice ass igned in the same s hire where ye be sherife , 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 bailifes of true and sufficient men in the countrie . Also ye shall doe all your power and diligence to destroy and make to cease all manner of here sies and errors , commonly called Lollaries , within your bailiwick from time to time to all your power , and assist and be helping to all the Ordinaries and Commi ssaries of the whole Church , and favour and maintaine them as often as you shall be required by the Ordinaries Commissaries : ye shall be dwelling in your owne proper person within your bailiwicke for the time yee s hall be in the same office except yee be otherwise licensed by the Keepers of the liberty of England by authority of Parliament : yee shall not let your s herifewick , nor any bailiwick thereof to any man : yee shall truely set and returne reason and due issues of them that be within your bailiwick after their estate and behaviour , and make your pannels your selfe of such per sons as be next , most sufficient , and not suspect , nor procured , as it is provided by the statutes . And over this , in eschewing and restraint of manslaughters , robberies , and other manifold grievous offences that be done daily , namely by such as name themselves s ouldiers , and by other vagrants , the which increase in number , and multiplie so that the people of this Common-wealth may not surely ride nor goe to doe such things as they have to doe , to their intollerable hurt and hinderance : Ye shall truely and effectually with all diligence possible to your power execute the statutes , as the statutes of Winchester and for Vagabonds . Allthese things ye shall truly obs erve and keep , as God you help , and by the contents of this booke .

Or thus ;

You shall well and truely execute the office of Sherife of the countie of A. during such time as you shall be sherife .

OF THE AVTHORITY OF A SHERIFE , And how and in what manner he ought to execute his Office in all things that are in use . THE SECOND BOOKE .

FIrst of all , when hee is appointed to be Sherife , he is then Keeper of the County , and his power and authority is very great , as hereafter I will set forth and declare at large : And at the entrance into his Office , the first thing that hee must doe , is to go into the Exchequer , into the Remembrancers office there , and to enter into Recognisance there with sureties , or some for him , for the payment of his proffers , at or before mense Paschae , and mense Michael then next following . That done , his Attourney there , will write him a note , thereby s ignifying that he is Sherife of such a county , and that hee hath entred Recognisance for his proffers , the which note the Sherife must deliver to one of the six Clerkes in the Chancery , for his warrant to make the Sherifes tent by , with his Writ of assi stance , and a Writ of discharge to be de● ivered to his predecessor , to discharge him 〈…〉 his office , the which would bee delivered with all speed , for his owne benefit or his undersherifes ; for un●●● it be delivered unto his predecessor , the precede● . Unders herife may doe execution of Proces . And this being done , then if he be so well provided , hee may take his Undersherife with him , and goe either to a Master of the Chancery , or to one of the Judges of the As sises of that Shire , whereof he is Sherife , and take their oathes for the due execution of the sayd Office , or else hee must have a Dedim potestat . out of the Chancery , from the Clerk which made his Patent , directed to two Justices of the Peace of the same County , whereof one must be of the Quorum , to give him his oath in the country ; but his Undersherife may be sworne by two Jus tices of Peace , whereof one must be of the Quorum , without Commission : and untill they bee thus sworne , they may not intermeddle with the execution of any processe by the Law .

A Sherife at or before his first County Court , must take over from the old Sherife his predecessor , all his prisoners , and writs , precisely by view and by Indenture to bee made betweene them , wherein all the causes which he hath against every prisoner ( at the perill of the old Sherife ) must be set forth and declared , or else the new Sherife needs not to take any notice of any thing that is omitted , and left out of the Indenture : for he is not chargeable with it , but the old Sherife , as it appeareth of late in a case adiudged in my L. Cookes 3. booke of Reports , Wesbies case fol. 72. against the She●ife of London : For although they set him over by In●enture , yet they set not over all the causes which they ●ad against him , but omitted an Execution , which after was recovered against the old Sherifes by the plaintife , and Wesby was at liberty , and the Sherifes were sans remedy .

All the Writs which are set over in the Indenture betweene the Sherifes , if they have beene executed by the old Sherife , then they must bee returned by him , and indorsed under by the new Sherife thus ,

I send the Writ as it is indorsed , to mee delivered , it was by R.W. Knight lately Sherife if my next predeces s or , in his going out of his office .

H.C. Knight Sherife .

And a Sherife at the first County Court which shall happen to be after his election , and discharge of the old Sherife , must read his Patent and his Writ of Assi stance , and nominate his Undersherife , the County Clerke , and four deputies of Replevins at the least for ease of the Country , who ought to dwel 12 miles one from another : in every quarter of the County one , to grant Replevins when need shall require .

The first County of F.P. Knight of the County a foresayd , and so next second County , the next County Court , held at the Ca stle of Winchest. such a day and yeare , setting the Keepers of the Liberties of England Stile at large .

Then the Bailife must make an O-yes , and say thus , Essoines and Proffers ( before the Court three times ) for this day . And then say , if any man will bee essoined or enter any plaints , let them come in and they shall bee heard .

A.B. Is ess oined because he is sick , or such like . A.B. Complaines against C.D. of a plea of Debt , unjust de tinue of his Cattell , or of a plea of Debts unjust detinue , trespass , or such like , as the case is .

This Court ought to be kept every moneth upon a day certain of neces sity by reason of the Keepers of the Liberty of Engl. by authority of Parliament writs of Exigents which must be read there .

And the Actions must be called there as they are in a Hundred Court , or Court Baron , and it will not hold plea where the debt or damage is fourty shillings , unlesse it be by Writ of Ius ticies out of the Chancery , which is a commission to the Sherife to hold plea of any summe whatsoever , and yet it is but in the nature of a Distringas , to dis traine a man by his goods to answer there to the plaintifes action , for his body cannot be touched with it by law , nor his lands .

And the like entries , plaints , answers , barres , and issues are to be put in there , as are used in a Hundred Court , or Court Baron ; for this Court is but a Court Baron . And although it be the Sherifes Court , yet the Freeholders of the County are the Judges there in all Actions . And the Commonwealths County Coroners of the aforesaide Keepers are onely Judges to give Judgment upon the Writs of Exigents , and none else ; and if they be Freeholders as they ought by the Law to bee , they are also Judges of their actions ; if they bee not , they may bee removed from their places for lack of Freehold , it is a sufficient exception in Law to bee taken against them in that case .

And the like Process or Precepts as are out of a Hundred Court , changing things to be changed , are to be made out of this Court , viz. summons , attachment , and distresse infinite

Election for Knights for the Parliament , and of Coroners and Verderers , are alwaies made by the Keepers of the Liberty of England by authority of Parliament Writ in the open County Court , and the day and time when , and by whom , viz. by the Freeholders of the County , and the Knights are to bee chosen between 8. and 9. of the clock in the forenoon , the Court sitting . And the names of such Freeholders as are at the election of Coroners and Verderers ought to be set down in the County Court booke , for to testifie such election , and the Sherife is to minister unto the Coroners and the Verderers their several oathes for the due execution of their offices .

A Replevin .

South . F P. Knight Sherife of the County aforesayd , to the Bailey of the Hundred of H. also to I.S. my Bailey for this time , and to both , and jointly and severally greeting . Because W.P. has found me sufficient security , as well for the prosecution of his claime , as for his cattell , viz. one Gelding , three Horses , &c. which I.C. tooke and unjustly deteines ( a●●s sayd ) to bee returned if the returne bee thence adjudged . Therefore of the part of the Keepers of the Liberty of England by authority of Parliament , you and both of you jointly and s everally I command , that you Replevie and delivery make , or one of you replevie and delivery make to the afroesaid W.P. of his cattell aforesaid , and that he put or , &c. by surety and safe pledge the aforesayd I.C. So that hee bee at my next County Court at the Castle of Winchest. to bee held , to ans wer the sayd W.P. a plea of taking and unjust detinue of his Cattell afores ayd , and in what manner , &c. to me at my next County certifie yee , or , &c. Vnder the perrill incumbent . Given under the Seale of my Office , the last day of Decemb. the year , &c.

By mee Rich. W. Knight , Sherife .

And if this Replevin bee granted by a Deputy to the Sherife , then hee must set his name to the Replevin thus .

By mee I.W. one of the Deputies of the sayd Sherife , according to forme of Stat.

And if the first Replevin bee not executed , then the Sherif or his deputy may grant an alias Replevin , and so a plur. Replevin , vel causam mihi significes , and after toties quoteis if need be . And upon all these Replevins , there must bee a Bond of tenne pound at the least taken of him to whom the Replevin is granted for his appearance at the next Court after , and prosecution of his suite with effect against the taker of the cattell , and to make returne thereof , if returne bee adjudged , the forme of which Bond and Condition thereof must bee thus .

Obligation .

KNow all men by these presents , that I W. P. of C. in the County of South . Gentleman , am held , and firmely obliged to F.P. Knight , Sherife of the County afore sayd in tenne pounds of good and lawfull money of England , to bee payd to him the same Sherife , or his certaine Atturney , Executors or Ass ignes , to which payment well and truely to bee made , I oblige my selfe , my Heires , Executors and Administrators firmely by these presents . Sealed with my Seale .

Dated , &c.

Condition .

THe Condition of this present Obligation is such , that if the above bounden W.P. doe appeare at the next County Court to bee holden at the Ca stle of Winchester , and then and there doe prosecute his action with effect against I.C. for the wrongfull taking and detaining of his cattell , videlicet , of one Gelding , and three Horses as it is alledged . And doe also make returne thereof , if returne thereof shall bee adjudged by Law , and also doe save and keepe harmelesse , and indempnified the above named Sherife , his Unders herife , and Bailifes , for , touching and concerning the delivery of the s aid cattell , that then this present Obligation to be voyd and of none effect , or else the s ame to stand , remaine , and continue in force , strength and vertue .

And if in this case the taker of the cattell jus tifie the taking as in his freehold , then this Court can proceede no further therein , but the cause must be removed from thence by the Keepers of the Liberty of England by Authority of Parliament writ out of the Chancery called a Recordare fac loquelam , directed to the Sherife retornable the next terme following , either in the Upper bench , or in the court of Common Pleas , which the party will , for they are both common Law , but they are more properly belonging to the court of Common Pleas , and this writ ought to be openly read and allowed in the said Court , to the end that notice may be given thereof to the plaintife in the Replevin , that he may appeare at the day of the returne thereof , and declare against the taker of his cattell , or else the taker will have A retorn hahend . aver , and so put him to sue forth the second deliverance , which is a dis advantage to the plaintife , for he shall then have no more second deliverance , otherwise he might have another , and let the Attorney for the plaintife see well to the s ealing of the writ of second deliverance with Retorn hend . averior . or else it will fall out to be manifest error , and overthrow the cause , be it never so just , when it is an exec , because the writ of R.D. is an originall writ , but the def. therein shall have no costs , it was the case of Nic. M. Gent. against Tho. Newman in a Replevin for an annuitie adjudged in the upper Bench , Term. Trin. ann . xv . I.R.

Now next , the high Sherife will looke for his security from his under Sherife before he will trust him with his office , because he will sleepe quietly , and take his repose in s afty : and for that commonly he hath bonds and covenants of the undersherife and his friends . That men make not void all these bonds and covenants taken of their undersherifes , Let them looke to the stat. 5. E. 6. c. 16. And that gentlemens Clerkes may s ufficiently know how to execute the office of an undersherife , I have taken occasion to s et forth this booke of directions , sufficiently to teach and in s truct any Clerke that is willing to undergoe the burden of this office for his Master , rather then a Gentleman of worth shall for a little money hazzard his oath or his credit in his country , for by this meanes hee had better ( in discharge of his duty both to God and his Country in the execution of his office ) keepe his office in his house , so that hee may take a continuall survey of it himselfe , then trust a stranger upon bonds and covenants with the whole execution of his Office , which by the Statute of 23 H. 6. ca. 10. are thought by many opinions to be voyd or voydable , for the words of the Statute are these , That no Sherife , nor none of his Officers or Ministers shall take or make any Obligation for any cause mentioned in the sayd Statute , or colour of their office , but onely to themselves , of any person , or by any person which shall be in their ward , by course of the Law , but in the name of their office , and upon condition written , That the s ayd prisoners shall appeare at the day contained in their writs , bill , or warrant , and in such places as the sayd writs , bils , or warrants shall require . And if any Sherife , or any of his officers take any Obligation in any other forme , by colour of their office , that it shall be voyd : And in this course there can be no losse to the Sherife , if his Undersherife bee carefull to follow the directions here layd before him , for he shall hereby both get good knowledg and experience and some profit , and his master may give him good allowance , and yet s ave sufficient out of the honest gaines of the office , to passe his accounts , and to defray part of his other charge , and have his countrymen well dealt withall , and gently intreated according to his oath ; wheras now as the office is used otherwise by undersherifes which buy their offices , they pay for it , or else the under sherife must go away a beggar .

The forme of an Indenture for s etting ever of Prisoners and Writs , betweene two Sherifes .

THis Indenture made , &c. betweene J. K.Es quire , late Sherife of the County of South . of the one party , and Sir H.W. Knight , now Sherife of the s aid County on the other party , witnesseth , that the sayd I.K. by vertue of the Keepers of the Libertie of England by authority of Parliament Writ of dis charge of his late office to him directed , hath delivered and set over unto the said Sir H.W. these Writs following , viz. A Capias , against W.F. returnable the Oct. of Hil. at the suite of Andrew Limbon , &c.

Together with the bodies of I.S. in execution at the s uite of G.H. for a debt of 22. l. and I.H. at the suite of C.D. in execution for 10. l. &c. In witnes s e whereof , &c.

The forme of an Indenture made betweene the High s herife and his under-sherife .

THis Indenture made , &c. between I.H. of D. in the county of S. Esquire , on the one party , and H.R. of G. in the said County , Gentleman , of the other party , witnesseth , that whereas the sayd I.H. being by the Keepers of the liberty of England , by the authority of Parliament appointed to be high Sherife of the said County of S. for this year to come , hath upon s peciall affiance , confidence , and trust that hee hath and beares in and towards the sayd H.R. promised and granted to the saide H.R. the use of the exercising of the office of his undersherifwick of the said C. together with all fees , fines , forfeitures of Bonds , profits , commodities , advantages , casualties , allowances , liberties , franchises , courts , tornes , leets , perquisites of Courts , and other emoluments certaine and uncertain whatsoever , to the office of sherifwick or undersherifwick belonging , or in any , wise appertaining that any s herife or undersherife of the saide County hath heretofore justly and lawfully claimed or had , to have and to enjoy during , and by all such time as he the said I.H. shall be , remaine , and continue high Sherife of the saide C. of this appointment or election not discharged . In cons ideration whereof , the sayd H.R. covenanteth , granteth and agreeth , and faithfully promiseth for him , his heires , executors , and administrators , that hee the said H.R. his heires , executors , or administrators , shall and will dis charge , or otherwise sufficiently save and keep harmlesse as well the sayd I.H. his heires , executors , and administrators , as also his and their and every of their goods , cattels , lands , tenements , and hereditaments , of and from all and all manner of troubles , vexations , suits , actions , informations , complaints , contempts , fines , forfeitures , amerciaments , penalties , pains , sum and sums of mony payable or levyable to or for the Keepers of the liberty of England by authority of Parliament , or any other per son or persons whatsoever , for any matter or thing to be done in or about the sayd office , and of and from all losses , hindrances and damages , that shall or may bee lawfully moved , stirred , procured , commenced , prohibited , prosecuted , happen or fall , or lawfully asked , demanded , or levyed upon the sayd I.H. his heires , executors , or administrators , or of or upon his or their , or of any of their goods , chattels , lands , tenements , or hereditaments , for or by reason of the s ayd office of Sherife , either by non - suing , or unlawfull returning , slow returning , or misreturning of any Precepts , Writs , Warrants , or Proces to the high Sherife directed , or to bee directed , or for , by cause , or meanes of any excessive or unlawfull extortion or exaction , or taking of any money , or other gaine or commodity , for the serving or not serving of any such Writs , Warrants , Precepts , or Proces , or for or by reason of any misdemeanour , misusing , or mis government , negligence , lack of skill , or of ignorance that shall be in the sayd H.R. in or about the doing exercising , or executing of the sayd office of unders herife , and the said H.R. for himselfe , his heires , executors , and administrators , by these presents doth covenant , and grant to and with the sayd I.H. his heires , executors , and adminis trators , in like manner to discharge , or otherwise to save harmeless and indempnified , as well the sayd I.H. his heires , executors , and administrators , as also all their goods and cattels , lands , tenements , and hereditaments , of and from all manner of escapes , both wilfull and negligent , of traitors , felons , and other prisoners committed , or to bee committed to his or their safe keeping or charge , in breach of prisons , and of and from all fines , forfeitures , amerciaments , sums of money , and penalties that he or they or any of them shall or may incur , beare , pay , or sustaine for any escape or breach of prison during all the time of his continuance in the sayd office of high Sherife of this appointment , and moreover the sayd H.R. shall give attendance convenient , and requisite upon the Courts at Westm. upon the Judges of Ass. and Iust. of the peace , and other Commissioners and officers within the s ayd County , upon whom the sayd I.H. or the said H.R. in respect of the s aid office of Sherifwick ought by the Lawes of this nation to attend ; and furthermore shall within one yeare next after the discharge of the s ayd I.H. from his sayd office , justly and truely make a perfect account in the Exchequer or elsewhere of all the sums of money , and other things wherwith the sayd I.H. shall or may be charged ●s Sherife of the County of S. and shall within the sayd time deliver unto the sayd I.H. his heires , &c. a sufficient acquittance or quietus est . And it is further agreed upon by the said parties to these presents , that every one of the Bailifes of Hundreds , and all other the officers under the Sherife , shall enter into sufficient bond by obligation , that they and every of them shall truely and diligently deale in , exercise , and execute their offices during the time aforesayd , and if any shall refuse to enter bond , or misdemeane himselfe , that then it shall be lawfull to and for the said H.R. in his di scretion to place another meet for that office in the roome of such person that s hall refuse or misdemean himselfe as is aforesayd . In witnesse whereof , &c.

The Bonds are commonly taken of the under sherife and his sureties for the performance of these covenants , and they are ordinary as all other bonds are for performance of covenants , and therefore here needs no prefident for them .

A condition for a Gaoler to enter into the Sherife , for the safe keeping of his prisoners .

THe condition , &c. That whereas the above named S.H.W. hath at the speciall instance and request of the above bounden W.V. constituted and appointed the sayd W.V. to bee his Keeper of all such prisoners as shall be arrested or attached by any manner of Writ , Warrant , or Precept , made or to bee made , by or in the name of the saide S. H.W. or by or in the name of I.W. his undersherife . If therefore the sayd W.V. his deputy or deputies , assignee or ass ignees , or any of them shall and do well and safely keepe all such pris oners as shall bee committed to him or them , or any of them , and therein s hall save and keep harmelesse , and indempnified the sayd sherife , his heire● , executors and administrators , at all and every time and times hereafter , of and from all and all manner of escapes of all manner of pris oners that shal be committed to the custody and safe keeping of the said W.V. or left under the custody or charge of any of his deputies or as s ignees , and of and from all manner of judgements , executions , fines , charges , troubles , and incumbrances whatsoever , which shall or may hereafter grow or happen to be taxed , imposed , estreted , or levyed upon , of or against the sayd sherife , as sherife of the C. aforesaide , or by reason of any such E scape , or Escapes , as aforesayde . And if also the s ayd W.V. his deputy or assignee , shall not discharge or set at liberty out of his or their custody and safe keeping , any prisoner or prisosoners which now are , or that hereafter shall or may bee by the sayd sherife , or by his undersherife or deputy , or by any of their Bailifes taken , committed , delivered , or left in the custody of the sayd W. V. his deputy or servant , without the speciall warrant in writing under the hand and seale of the officer of the sayd Sherise in that behalfe first had and obtained . That then , &c.

A condition for a Bailife to enter into , to the Sherife .

THe Condition , &c. That whereas the above named S.B.T. at the speciall instance , earnest intreaty of the above bounden I. P. hath authorized and appointed the sayd I. P : to be one of his Baylifes within the Co. of S. abovesaid , and in more particular hath committed to his charge the Bailiwick of the Hu. of M. and B. if therefore the s ayd I.P. and all such persons , &c. for and about the executing of such things as s hall bee given him in charge to doe and execute , as Bailife of the Hun do justly &c. execute his said office according to the effect and intents of such warrants and precepts as shall be directed unto him , and come to his hands , from the above named sherife , or from his unders herife to bee executed , and shall and doe upon the view of every warrant upon meane proces from the sayd sherife , take sufficient bond with two s ureties for the appearance of the defendant arrested according to the stat. in that case made and provided , and shall safely convey or deliver every such bond , uncancelled unto the said Sherife , or his undersherife , before such time as the process whereupon the said warrant is made is returnable , and also shall at all times , and from time to time , during the continuance of the sayd s herife in office of sherife of the sayd county , bee ready and attendant both upon the s avd sherife , and upon his under sherife , as well at every Assise and sessions , as also at every C. court to be holden , &c. then and there to execute his said office as appertaineth . And also shall well and truly pay , or cause to bee payed to the sayd s herife or his unders herife , at the Feasts of Easter and S. Mich. the Archangel now next comming after the date above written , all and every such s umme and summes of money as hath been accustomed yearly to be payed to the Sherife of the sayd county for the Keepers of the Liberty of England by authority of Parliament out of the sayde Hundreds , upon the account of every Bailife of the sayd Hundreds , commonly called sherifes turne money : And doe in like manner before the sayd feast of S. Mic. collect and gather of the inhabitants within the sayd Hundreds , all summes of money due to the Keepers of the liberty of England , upon the summons and s cedule of the green Wax , a sufficient warrant being in convenient time delivered unto him to that end and purpose , and doe accordingly pay the same to the said sherife , or to his undersherife within one moneth next after he hath gathered and collected the same , without covin or surther delay . That then , &c.

A Sherife is to make warrants upon meane process , or to execute them himselfe , which is not possible for him to doe execution of all : and they must be made according to the severall natures of his Writs , which for the substance will direct him , but not for the form thereof , and that doth differ in many counties , but all to one effect , as in the county of Southampton , thus :

A generall Warrant .

SS. F.P. Knight , Sherife of the County aforesaid to the Baily of the Hundred of Housholt , greeting , of the part of the Keepers of the Liberty of England by authority of Parliament , I command thee that thou takest A.B. if &c. and him safely &c. s o that I may have his body before the Justices of the Common Bench at Westminst. in the Oct. of Saint Hillarie , to answer C.D. of a plea of debt ( or Trespass , according to the Writ , ) and this , &c. Given under the seale of mine Office , the twentieth day of December , the year of our Lord one thousand six hundred forty eight .

A speciall Warrant .

SS. F.P. Knight , sherife of the County aforesayd , to the Baily of the Hundred of H. also to J.W. and T.B. my Bailifes for this time , and to every of them greeting , of the part of the Keepers of the liberties of England by authority of Parliament , you and every of you jointly and severally I command that you take , or &c. A.B. &c. and him safely , &c. so that I may have his body before the Keepers of the libertyes of England by authority of Parliament , in the upper Bench at Westm. on Thursday next after the Oct of Saint Hil to answer C.D. a plea of Trespa ss , &c. given , &c. as above .

20. day of Decemb. the year of our Lord , 1638.

By vertue of the Keepers of the Liberties of England by authority of Parliament Writ to me directed , Ret. before the Keepers of the Liberties of England by authority of Parliament , in the upper bench at Westminst. Thursday next after the Quindene of Saint Hil. Or if it be out of the Court of Common pleas , then , Ret. before the Justices of the Common bench at Westm. in the Oct of Saint Hil , you shall arrest A.B. if he may bee found within my Bailiwick , to ans wer to C.D. in a plea of Trespass , or a plea of Debt , according to the Writ . Given under my seale of office , the day and year abovesaid , &c.

Per I.P. Mil. Vic : To I.P. and R. S. my speciall Bailifes in this behalfe , jointly and s everally greeting .

And in Yorke they use to make their Warrants thus , upon their meane Proces .

SS. George S. Knight and Baronet , Sherife of the county aforesayd , to all my Bailifes , or to all my Bailifes within the County aforesaide , as well within liberties as without , also to I. B. and C.D. my bailifes this time onely Itiner . greeting ,

of the part of the Keepers of the Liberties of England by authority of Parliament , you and every of you jointly and severally , I command , that he take , or &c. A. B.if &c. And him safely , &c. so that I may have his body before the Keepers of the Liberties of England by authority of Parliament , in the upper Bench , ( if the Writ come out of the upper bench ) at Westminst. Thursday next after the Quinden of Saint Hil , but if the Writ come out of the court of Common pleas , then it is , before the Justices of the Common bench at Westm. in the Oct. of saint Hil. to answer C.D. a plea of Trespasse , or Debt , according to the Writ .

Given under the seale of my office , such a day and year , as above .

And this seemes to be the best forme of Warrants to have them served : and there they use to make Warrants upon all their Executions in this forme , s ave onely there is added these words before the Teste of the Warrant , Provided alwaies that this present Warrant is to be executed at the Perill of the Plantife onely . And thereupon the Plaintife will not only pay down the Fee for the Execution , as much as the Statute allows , but also give bond without condition , for the saving of the sherife harmless of the escape , if any should happen to bee , onely they will set downe under the Bond , the cause wherefore the Bond is taken , and the Bond is taken to a stranger , and yet never ques tioned , which makes execution to be the better done , or else the country is so spatious , the Sherife would not bee able to doe a quarter of his worke . And I see no reason but it may bee used in any other country as well as there , and it will make the Sherifes work much the easier to be done , and all things considered the more for his profit .

Also they use there to make warrants upon Capias utlagat . in the like form , and to take Bond , with condition , to bring the defendant to prison if hee be arrested , which makes good execution of these Proce sse ; and it were good this were used in all Countries , then there would not bee so much extortion and indirect dealing used by Undersherifes and Baylifes , to the Weale publique , as there is , or if they take any man upon a Capias utlagatum , they will not onely take money of the Plaintife for to take the Defendant , but when they have taken him , for money they will let him goe againe , and they will alledg for a colour , it is to reverse the Outlawry , which they have nothing to doe withall . He ought to bee brought to prison , and there remaine untill one Attorney or other have reversed the outlawry for him , and not the Sherife ; for although he be an Attorney , he ought not when he is sherife to practise as an Attorney ; but yet notwithstanding they do forestall the Market against the Law and the high sherifes oath , and it is pitty that it is suffered to go unpunished .

The forme of a bond for appearance .

KNow all men by these presents , that wee A. B. of C. in the county of southampton Gent. E. F. of G. in the County aforesayd Yeoman , and H.T. of R. in the county aforesayd Yeoman , are held , and firmely obliged to F.P. Knight , Sherife aforesayd , in fourty pounds of good and lawfull money of England to be payd to the Sherife or his certaine Attorney , Executors or A ssignes , to which payment well and truely to bee made , wee binde our selves , and every one of us by hims elfe , for the whole and in the whole , the heires , executors , and adminstrators of us , and of every one of us , firmely by these presents .

Sealed with our Seales . Dated the 20. day of Decemb. in the year of our Lord 1616.

The Condition of this present Obligation is such , that if the above bounden A.B. doe appeare before the Keepers of the Liberties of England by authority of Parliament , in the upper bench at Westminster , Thursday next after the Quinden of saint Hil , if the Writ bee out of the upper Bench , according to the returne of the Writ : but if the Writ bee returned in the Court of Common pleas , then the words in the condition must bee for the defendant to appeare before the Justices of the Common bench at We stm . in the Oct. of saint Hil. or such other returne , according to the Writ , to answer to C. Din a plea of Trespasse or Debt , as it is in the Writ , that then this present Obligation to bee voyd , and of none effect , or else the same to stand , remaine , and continue , in force , strength and vertue .

Sealed and delivered to the use of the above named sherise in the presence of A.R. and T.S. Two witnesses at the least .

A Sherife before he returne any writ into the Chancery , the upper Bench , the court of common pleas , and the Exchequer , ought to have an Attorney or Deputy in every one of those Courts of Record , to answer for him by warrant of Attorney . And if any Sherife doe contrary to this ordinance in any point , he forfeits 40 li. every time , and treble damages to the party grieved : one moity thereof to the Keepers of the Liberty of England by Authority of Parliament , and the other moity to him that will s ue , by a stat. law made anno 23. H. 6. ca. 10 .

You shall finde in this Book good returnes for all manner of writs now in use , her set downe to your view , whensoever you shall have occasion to use them , and also apt returnes of all your Excheq . proces , with apt and due formes of all sorts of Inquisitions to be returned there , or elsewhere , with your proces .

Sherifes and Undersherifes ought to receive all manner of writs in any place within the County , without taking of any thing , and making thereof warrant : and if he refu se to do it , if he make not a return of those writs , he shall be punished , and render damages to the party grieved by the Statute of 2 Ed. 3. cap. 5.

Also a Sherife may arrest men which goe or ride armed , and commit them to prison , there to remaine at the Keepers of the Libertie of England by Authority of Parliament pleas ure by the same statute . And Also Sherifes and Gaolers must receive theeves indicted or taken with the manner , without taking any thing for their receit , by the statute of 4. E. 3 cap. 16.

Sherifes must returne sufficient and reasonable issues upon such persons as have Lands and goods sufficient : according to the statute of We st. 2. ca. 39. & 1. E. 3. ca. 5.

Sherifes ex officio may arrest within their County suspected persons which walke by night or day , and which are of evill name and same , by the statute of 5. E. 5. ca. 14.

A Sherife ought to have but one Bailife errant within his County , by the statute of 14. E. 3. cap. 8.

Sherifes ought to keep their Torns twice every yeare , viz. one within a month after Easter , and the other within a moneth after the Feast of S. Michael the Archangell , by the stat. of 31. E. 3. ca. 14.

Sherifes must leavy their issues and amerciaments by their extracts under the s eale of the Exchequer , otherwise they shall render to the party damnified , treble damages , and also make fine to the Keepers of the Liberty of England by Authority of Parliament for their offence , which is determinable before the Justices at their Sessions , by the stat. of 43. E. 3 ca. 9.

Sherifes ought to returne their pannels for the sessions 4 dayes before the sessions , at least upon the pain of 20 li. and the Bailifes of liberties ought to make returne of their warrants six dayes before the Sessions at the least , upon the like pain , by the statute of 41. E. 3. cap. 11.

Sherifes ought foure times in the yeare to proclaime the Statute of Winchester in every hundred of his Bayliwick , for it is parcell of their oath , yet they never doe it .

Sherifes ought to take the swords , daggers , and weapons from s ervants labourers , and from servants of Artificers , and Victuallers , if they find them bearing of any , except it be in time of war , or when they travel abroad into the Country with their Ma sters , or goe in their messages , and they may keep such weapons untill the next se s sions , and there present them with the names of those that bore them , by the stat. of 12 R. 2. ca. 9.

Sherifes may ex officio apprehend labourers , servants begging and wandring abroad , and commit them to prison without bayle or mainprise , but they can take no s ees of such persons , neither upon receit or delivery of them , upon paine of a C. s. to the Keepers of the liberty of England by Authority of Parliament , by the sta● . of 12. R. 2. ca. 9.

Sherifes and other of the Keepers of the Liberty of England by Authority of Parliament Officers , when they have notice of unlawfull Assemblies and Riots , ought to rai se the Country , and with all their power to apprehend such malefactors , and commit them to prison , there to remain untill due execution of the Law be done upon them , and all Lords of Seigniories , and all other people ought to bee attendant to the Sherife and other officers , with all their power and force herein , by the stat. of 17. R. 2. ca. 8.

A Sherife ought to dwell within the County in his person during the time of his Sherifewick , and he ought not to let his office to farme , both by his oath and by the statute of 1. H. 4. ca. 5.

A Sherife ought to foresee and provide , That neithe● his Unders herife , nor any of his Clerkes , Baylifes , or Receivers , be an Attorney in any of the Keepers of the Liberty of England by Authority of Parliament Courts , during the time of his Sherivalty , both by his oath , and also by the stat. of 1. H. 5. ca. 4.

Every Sherife ought to proclame the statute of Purveyors four times in his yeare , upon paine of a hundred shillings for every time failing therein , and he ought als o to deliver that to his successor to proclaim upon the like paine , by the stat. of 1. H. 6. ca. 2. but this is never done .

Sherifes ought to make due election of Knigh●s for the Parliament by the Freeholders of the County , and in open County Court , and between 8. and 11. of the clock in the forenoone of the same day , by the stat. of 6. H. 6. c. 6. upon paine of a C. li. and a yeares imprisonment without bail or mainprise .

Sherifes ought to returne upon every precept directed unto them from Justices of P. to enquire of forcible entries , upon every Jury twenty shillings issues a the first day , and Justices of Peace have power and authority to hear and determine those defaults by Bill or Indictment , and Sherifs shall forfeit for every default twenty pounds , whereof he that will sue shall have the moity by the stat. of 8. H. 6 cap. 9.

And Sherifes ought to returne in writs of Attaints , in plea of Land of the yearly value of forty shillings , or in actions for deeds concerning lands to such value , and in actions of forty pounds or more , such persons inhabiting within his Baylywick , which can di spend 20. li. per annum , besides all charges , for terme of life at the least , and out of ancient demesne , Gavelkind , and Cinque ports , and upon the first distresse 40 s. and upon the s econd C. s. and after double issues upon the Jurors , upon paine of 10. li. to the Keepers of the Liberty of England by Authority of Parliament , and 10. li. to the party grieved , and if there be not sufficient persons inhabiting within the County , which can expend 20. li. per annum , then they shall impanell other persons of the most sufficient in possession of yearly value of lands , under the value of 20. li. per annum , upon pain of 10. li. to the Keepers of the Liberty of England by Authority of Parliament , and 10. li. to the plaintiffe , by the statute of 15. H. 6. cap. 5.

A Sherife may not occupy his office above a yeare , and if he doe he s hall forfeit two hundred pound , and be disabled ever to be Sherife of any County after , by the stat. of 23 H. 6. cap. 8.

No Sherife ought to let to farme his County , nor any of his Baylywicks , Hundreds , or Wapentakes , for it is both against his oath , and contrary to the statute of 23 H. 6. cap. 10.

No Sherife , Baylife of Liberty , nor any other Officer shall returne in any pannell or Jury any of his Bailifes , Officers , or servants to any of his Officers , by the Statute of 23 H. 6.

Forfeiture x. li. No Sherife , nor any to his use , shall take any thing of any person to be arrest●d or attached , nor for sparing of any arrest or attachment , for fine , fee , suit of prison , mainprise , letting to bai●e , or for shewing any ease or favour to any such person so arrested , but onely for the Sherife twenty pence , the Baylife which maketh the arrest foure pence , and the Gaoler ( if the prisoner be committed to prison ) four pence , by the s tatute of 23. H. 6. cap. 10.

And a Sherife ought to take but foure pence for the copy of a pannell , and two shillings for returne of a pannell , by the Statute of 27 El. cap. 12.

Sherifes ought to let to bayle all persons being in their keeping , by force of any Letter , Bill , or Warrant , in any personall action , or upon Indictment of Trespas upon reasonable s urety , having s ufficient in the County to appear at the day and place , as those letters , bils , or warrants require , except such persons as are in their guard or custody upon a capias ad satisfaciend . utlagary or excommunication , or for s urety of the peace , or by commandment of any Justices , and vagrants which refuse to s erve ▪ vide Dyerfol . 324 . He is of opinion that the Mar s hall of the upper Bench is within the compass of the stat. of 23 H. 6. cap. 10 : But the Warden of the Fleet , and the Keeper of the prison at Wes tm . are not within the compasse of that statute , for they are excepted .

Note , that a sherife ought to take Bond for the appearance of his pri soner , with two sureties , having sufficient within the same County , otherwise the obligation is held to be voyd , and it must bee made to the sherife by the name of the s herife , and not to the unders herife , and there must bee nothing inserted into the condition of that bond , but that the defendants shall appeare in the court from whence the writ issued at the day of the return thereof to ans wer to the plaintife in his action . Plo. Comment. fol. 68.

If more bee in s erted into the Obligation , then is for the appearance of the party bound , the bond is voyd , per Mountague chiefe Justice Comment. 68. s. in Manninghams case there .

A Bond entred into by a prisoner , to any person save onely to the Sherife for the inlarging of a prisoner , is not not good , but meerly voyd in law , by the s tatute of 23. H. 6. cap. 10. And so it is where a Bond is given to the sherife by a stranger for the inlargement of a prisoner that is not baileable , per 37. H. 6. & Dyer , 2. & 3. P. & M. fol. 119.

A sherife having an Attachment retor● . coram dicto Rege & consilio suo in camera stellat . apud Westm. in quindecim Paschae ad respond . dicto Domino Regi & consilio suo de quodam contemptu & ad fac & resp . ulterius , &c. Return . before the sayd King and his Counsell in the Starre Chamber in 15. of Pasche , to answer the sayd Lord the King and his Counsell a contempt , and to doe and answer further , &c. doth arrest the party and takes bond for his appearance indorsed with such condition , that if the party arrested shall personally appeare before the Kings Majesty , and his counsell at Westminster in Quindecim Paschae , and then and there shall answer to a contempt by him committed , that then , &c. It was a question whether this Bond and Condition was good in Law or no , because these words then and there were added unto the condition , which was more than the stature of 23. H. 6. would warrant ; and it was demurred on in Law , but by the opinions of Dyer and Windham , it was thought to bee a good Bond and Condition , notwithstanding those words were added , yet Mead was of a contrary opinion . But Termino Mich. Anno 2 & 3 El. judgment was given for the Plaintiffe , Dyer 364.

Sherifes ought to take no obligation for any thing whatsoever it be , or by colour of their office , but onely to themselves , nor of any person being in their cus tody but by the name of the office , naming him sherife in the obligation , this upon condition that the party shall appear at the day and place in the writ or warrant specified , and if any obligation bee taken by colour of their office in any other form it is voyd , 23. H. 6. c. 10.

And sherifes ought to take no more but 4. d. for making of any obligation , warrant , or precept , by the same Law .

And sherifs ought to make proclamation when they have received letters for the levying of expence of the knights of the Parliament , at the next County-court after the receipt of the se Letters : and the Coroners ought to bee there to sesse the wages , upon paine of 40. s . and they ought to assesse every Hundred at a certaine summe by it s elfe , and after every village within the Hundred with a certain sum : and if they doe it otherwi se , they shall forfeite for every default twenty pound , and he that will sue shall have the moity thereof with treble damages . 23. H. 6. c. 11.

And every sherife after the receipt of the Kings writ for summoning of the Parliament for the election of Knights for the Parliament , ought forthwith to make out his warrants under the seale of his office , to every Major and Bailifes of Cities and Boroughs within the County , commanding them thereby to chuse Citizens and Burgesses to come to the Parliament : and those Majors and Bailifes must make a lawfull returne of that precept to the sherife by Indenture made betweene them and the sherife , of their election , and of their names which are elected : And the sherife must set his hand and seale of Office to the one part of the Indentures , and then deliver it to the Major or Burgesses , or Citizens to bee kept , and to the other part the Major , and Citizens , or Burgesses must set their hands and seales , and deliver it as their deeds , to the sherife to bee certified and returned by him with the writ of s ummons to the clerk of the Crown , who will have 4. s . for his fees for every Indenture , as I do take it .

The form of an Indenture for the Knights of the Parliament .

THis Indenture made in the full County of South held at the Ca stle of Winch. Munday the last day of May , the yeare , &c. betwixt F.P. Knight , Sherife of the County afores ayd of one part , and C.H. Knight , H.D. Esq . and D. B Esq . &c. and many other persons of the County aforesayd , and Electors of two Knights , to the Parliament , in the Writ to this Indenture annexed specified , of the other part : who as the greater part of the whole County aforesaide , then there being , sworne and exomined , according to the force forme and effect of diverse Statutes thereupon put forth and provided , chose H. W. and E.M. Knights within the County afore sayd Commorant , girt with swords , Knights able and most fit and discreet , giving and granting to the two aforesayde Knights full and sufficient power for thems elves and the whole County aforesayd , to doe and consent to those things which at the Parliament in the sayd Writ contained by the Common Counsell , &c. shall happen to bee ordained , in busine sses in the sayde Writ specified . In testimony of which , the one part of the Indenture remaining with the Keepers of the Libertyes of England by authority of Parliament , the parties abovesayde have put their seales , to the other part of the same Indenture , the afore sayd Sherife has put his seal Dated the day , year and place abovesayd , &c.

The forme of the Indenture for the Citizens and Burges ses .

THis Indenture made , &c. reciting the day , year , &c. Witnesseth that by vertue of a Warrant to mee directed from Sir F.P. Knight , Sherife of the county of Southampton . for the electing and choosing of two Burgesses , men of good understanding , wit , knowledge , and discretion , for causes oncerning the Weale publique of this Nation , to bee at the high Court of Parliament to be holden at the City of Westminster , the 27 day of October next comming , I I.F. Major of the Burrough of C. in the County of S. with the whole assent and consent of the rest of the Burgesses there ; have made choice and election of H. M. of the Middle Temple Esquire , and W.S. of L. Esquire , to bee Burgesses of our sayd Burrough of C. to attend at the s ayd Parliament , according to the tenor of the sayd Warrant to me directed in that behalfe . In witnesse whereof I have to these presents set our common seale of our said Burrough , the day and yeare first above written .

A Sherife ought not to execute the office of a Justice of Peace during the time that hee is Sherife , 1. M. cap. 4.

Where any man by diss imulation , flattery , or by any cunning , slight , meanes , or practise doe make themselves to be beloved of any sole woman , as maide , or widow , which maide or widow have great possessions , or great store of goods or money , and to deceive them of it , and to gaine it for themselves , doe by fraud gaine the po ssession of such woman , and doe convey and keep them in such places where they will not suffer them to goe from them at liberty to dispose of their owne as they list , unlesse such maide or widdow will enter into Bond or Statute to pay some great summe of money ; or el se bind them from marriage with any but such as they will nominate and appoint , for remedy hereof it is ordained , that the party so bound shall have a Writ in the Chancery , containing all the matter of such unreasonable dealing , called a speciall Supplicavit directed to the Sherife of that County where such wrong is offered , commanding him thereby to make proclamation at his next County Court after receipt thereof , that the defendant appeare at a certaine day and place prefixed in the sayde Writ before the Lords Commiss ioners of the great Seale , or before the Judges of Assise of that County , or before some other person assigned by the said Lords Commissioners , and the sherife is bound to execute such Writs according to the tenor of them , upon paine of 300. l. the one moity thereof to the Keepers of the Liberties of England by authority of Parliament , and the other halfe to him that will s ue by action of Debt , where no wager of Ia 〈◊〉 , protection or forreine plea shall be allowed , by the Statute of 31 H. 6. cap 9.

Upon information made to a Justice of P. or other Justices against any person for retaining or giving livery to any , or against any which is retained , the Jus tices ought to make proces upon this information as upon a recovery in debt or trespass e , and the Sherife ought to returne no lesser issues in any suite brought hereupon against any pers on that is sufficient , then 20. s . at the first day upon the distresse , and at the second day 30. s . and at the third day 40. s . and so at every day after , more by ten s hillings in issues , upon pain for every retorn 20. s . ann. 8. Ed. 4 cap. 2.

The ancient Sherifes may returne Writs , and execute their office during the Termes of Saint Michael and Hilarieafter the yeare their office is ended , if they bee not before that time lawfully discharged of their office , 17. Ed. 4. cap. 7.

No Sherife or any other Officer ought to release or take from any pers on arrested or imprisoned for Felony , his goods , untill the same person arrested or imprisoned bee duely convicted and attainted of the same Felony by due course of Law , viz. either by tryall , confe ssion or outlawry , upon paine to forfeite the double value of the goods so taken , to the party grieved , to be recovered by action of debt , wherein no wager of Law , essoine , or protection lyeth , an . 1. R. 3. cap. 3.

Sherifes which have the custody of the Gaole , ought to certifie the names of their pris oners which are in their custody for Felony , to the Justices of the next generall Gaole delivery in a Kalender , upon paine of a hundred shillings for every default , an . 3. H. 7. c. 3.

Also a sherife nor no other person in his name , or by his commandement , shall enter any plaints into their Bookes in any mans name , unlesse the plaintife bee there in his proper person , or else by his sufficient Attorney or Deputy , that is well knowne to be of good name and behaviour , and the Plaintife ought to finde pledges , such persons as are knowne in the Court to pursue his plaint . And a Plaintife shall have but one plaint for one Trespass , or one contract , and if the Sherife , or any of his Officers cause to bee entred any more plaints then the Plaintife hath cause of Action for , then the sherife or his clerk that doth contrary to this act , shall forfeite for every default 40. s . the moity to him that will sue and prove the same matter by action of debt or information .

Also the sherife shall make sufficient Precepts after such plaints entred , but not before , against the defendants , directed to the Bailife of the Hundred , to attach or warne the defendant to appeare at the next County Court , and answer to the sayd plaints , and if there be any default in the sayd Baylifes in the execution of their offices according to the tenor of their precept , then they are to forfeite forty shillings , and to be convicted thereof by examination of the Justices of P. or by any of them .

Also the same sherife , nor his deputies shall make any extracts to levy the shire amerciaments , untill that two Just. of P. whereof one to bee of the Quorum , have the sight of their bookes , and the extracts to be indented between the Just. of Peace , and the sherife and undersherife , sealed with their seales , the one part thereof to remain with the sayd Justices , and the other part with the sherife , for his warrant to levy the amerciament by .

And that those persons that shall be gatherers of the sayd amerciaments , shall be sworne by the sayd Justices , That they take no more money than is forfeite , and certified in their extracts , sealed with the s eales of the Justices to the same , upon the same paine of forfeiture as is above rehear sed , to be convict by examination of the s ame Justices , or one of them . And the same Justices of Peace shall bee appointed at the sessions holden at Mich. by him that is Gustos Rotulorum , or in his absence by the eldest of the Quorum , to have the controlement of the sayd Sherifes , Undersherifes , Shire-Clerks , and others of their sayd Officers , and the s ayd sherifes amerciaments , and the sayd Justices of Peace upon suggestion shall make processe against the Sherife , Unders herife , Shire-clerk or other officers , to appeare before them to answer such suggestion or information , as is used in action of Tr●spas , by the Statute of 21. H. 7. cap. 15.

Also every Sherife upon a precept to him directed from the Justices of Peace to return them a Jury to enquire of any Ryot , or unlawfull Assembly committed , shall returne foure and twenty persons dwelling in the Shire , every one of them having 20. s . per annum of Freehold , or 26. s . 8. d. per annum , copyhold , or of both , besides all charges , and to returne in issues upon every person which maketh default , twenty shillings at the first day , and at the second day forty shillings , and if default bee in the Sherife for returning of persons in s ufficient , or for not returning of Issues in forme aforesayd , then hee doth forfeite twenty pounds , anno 19. Hen. 7. cap. 13 .

Also if any Ryot , or unlawfull Assembly be in any part of the Nation , the Justices of Peace , or two of them at the least , and the Sherife , or Unders herife may come with the power of the County , if need bee , and arrest and restraine such misdoers ; and these Justices and the Sherife have power to record that which they finde done in their presence against the Law . And such misdoers shall be convict by that Record : And if they be gone before the coming of the Justices and the Sherife , or undersherife , then the same Justices , or two of them , ought diligently to enquire thereof within one moneth after such Ryot or Assembly made , and if the truth cannot be found out within one moneth then next insuing , then thos e Justices , or two of them , and the Sherife or Undersherife , shall certifie the Keepers of the Liberties of England by authority of Parliament therof , and of all the circumstances thereof , which Certificate shall bee as an Indictment of twelve men , whereunto they shall be compelled to answer , anno 13 H. 4. cap. ultimo .

And if the sayd Ryot or unlawfull Assembly bee not found by reas on of any Imbracery or maintenances of the savd Jury , then the sayd Justices of Peace , and the Sherife , and Undersherife , over and beside such Certificate that they must make , according to the Statute of an . 13. H. 4. shall in the same Certificate certifie the names of the same Maintainers and Imbracers in that behalfe , if any be , with their misdemeanours that they know , upon paine of every the sayd Justices , and Sherife , and Vndersherife twenty pound , if they have no reasonable excuse for non certifying of the same : which certificate so made shall bee one Indictment in the Law , and every person duely proved to bee a Maintainer or Imbracer shall forfeite twenty pound , and be committed to Ward there , to remaine by the discretion of the Justices , Anno decimo nono Hen. sept. cap. 3 .

Also that no Sherife upon Writs and Precepts directed unto him to returne before Es cheators or Commissioners shall returne any person to enquire of any lands or tenements , except he have lands or tenements of the yearly value of forty shillings , above all charges in the same shire , upon paine of forfeiture for every person so returned , an hundred shillings , anno 3. H. 8. cap. 2 .

Also all pannels put in by the Sherife before any Justices of Gaole delivery , or before Justices of Peace , wherof one to bee of the Quorum in their open Sessions , to enquire for the Keepers of the Liberties of England by authority of Parliament , may be reformed by putting to , and taking from , of the names so impannelled by discretion of the s ame Justices , and that the same Justice or Justices shall command every Sherife and their Ministers in their absence to put other persons in the same pannels by their discretion , and the same pannel so returned by the Justice to bee good , and if any Sherife doe not returne the same pannels so reformed , then every sherife so offending shall forfeite twenty pound , half to him that will sue by action of Debt , bill , or complaint , where such shall happen to bee , and no wager of Law , Essoine , or Protection to be allowed , tertio Henr. octavi cap. duodecimo .

Also upon every Exigent where Writs of Proclamation are to bee awarded , the same Writ of Proclamation is to have the same day of returne that the Exigent hath , and to be delivered of Record by the Exigenter of every shire . And the sherife is to make a Proclamation three s everall dayes in his county , whereof one proclamation is to be made at the generall Romaynes in those parts where the party is supposed to be dwelling , there to yeeld his body to the sherife of the forreine shire , that that sherife may have the body at the day of the returne of the Exigent to answer to the plaintife . And that the sherife of the County that hath such writ of proclamation duely execute , and returne the same , at the day , upon paine to forfeit such amerciament as by the Justices before whom the said Writs shall be returnable shall be assessed . Ann. 6. H. 8. c. 4.

Also Sherifes which have the custody of goales shall make seales to be graven with the name of the Castle that they keepe for to give and seale letters to prisoners acquitted to beg for their sees within the hundred where they be delivered by the space of six weekes next after their delivery , and then to goe to the Hundred where they last dwelled by the space of three yeares , or where they were borne : the Sherife shall not suffer such prisoners to begge for their fees , nor to depart out of prison to doe service and labor , untill he deliver to them such letters , and the Clarke of the Peace is to make such letters within one day after the Sessions , when such prisoner is acquitted , upon pain of 12. d. to the keepers of the liliberties of England by authoritie of Parliament by the statute of 22. H. 8. cap. 21. & 5. El. ca. 4.

Sherifs ought to keep their County court every moneth if it hath bin accu stomed to be so kept . Magna chart . c. 33.

The Keepers of the liberties of England by authoritie of Parliament command that Sherifes and their Officers which receive the debts , shall acquit the debtors upon their account when they have received the debts , and then it shall be allowed upon their accompts in the Exchequer : and if the Sherife do otherwise , and be thereof convicted , he s hall then pay three times so much as he hath received to the party grieved , and al so be fined at the Keepers of the liberties of England by authoritie of Parliament pleasure , Westm. 1. ca. 20.

Sherifes and other which have levyed the Keepers of the liberties of England by authority of Parliament debts , and given acquittances to the debtors , and yet doe not acquit them , it is accorded and set downe for a Law , that when the Sherife is impleaded for it in the Exchequer , if he come not in upon the first distresse , then shall goe out another with proclamation , which must bee made in full county , that the defendant doe come in at a day certaine , and acquit the debtor of the money which he did receive , and if he come not in then , he shall be convicted by default , and the debt levied upon him as a debt recovered against him in the Court of exchequer and the plaintife shall have therein damages according to the discretion of the Barons , by the stat. of 14. E. 3. c. 1.

And it is the Keepers of the liberties of England by authoritie of Parliament commandement , that all Sherifes and Baylifes which have received their debts of the summons of the exchequer , if they acquit not the debts upon their account , that then they shall be punis hed according to the statute de Dis trictionibus Scaccarij ca. 5.

And it is ordained that execution of writs which are brought to Sherifes , should be done by the Bailifes of hundreds sworne and known , and in full county , and not by others , unlesse those Bailifs will not , or cannot execute them , then they are to be done by other convenient pers on or persons sworne by the stat. of Lincolne cap. ultimo .

No Sherife shall suffer a Barretor to maintaine any actions or quarrels in their Countie Courts , nor stewards of great men or others , which is not Atturney to his Lord or Master ; nor they shall not pronounce judgements there , unlesse they be thereunto required by all the s utors , Westm. 1. ca. 23

It shall be lawfull for every Sherife , Justice of Peace , and Eschea or to seise to the Keepers of the liberties of England by authoritie of Parliament use all such goods and chattels as Egyptians have , within their charge , and thereof to give an account to the keepers of the libertie of England by authority of Parliament in the exchequer for the moitie thereof , and to detaine and keepe the other moitie to his owne use , and to pay no fees for the account , nor for the charge the reof .

In these statutes it appeareth what things Sherifes ought to doe by reason of their office , and that they ought to take nothing for doing of their office , but that onely which is appointed for them to take by the same statutes , if they doe otherwise , it is extortion in them , and it ought to bee inquired of by the Ju. of P. and by them punished accordingly .

And it is ordained by the stat. 1. H. 4. c. 5. that if any s herife doe any extortion to the people , and thereof be duelyattainted , that he shall be puni shed for the same extortion at the Keepers of the liberties of England by authoritie of Parliament will .

A Sherife may and ought at his turnes to enquire of common Nusances done to all the people of this common wealth , but not of Assaults made to a sole pers on Per Martin Anno quarto Hen. sexti , octavo Edw. quarto , quinto . Dyer 234.

A Sherife ought to keepe his turnes within a moneth after Easter , and within a moneth after Michaelmas , and if he keepe it at any other time after the moneth , it is void by the Statute of 13. Ed. 3. cap. 19 , and all indictments and pres entments taken there after the monethes are expired , are void by the statute of 38. H. 6.

A Sherife may inquire of blood sheds in his turne , for if any thing be omitted in a leete , it may be enquired of at the Sherifes turn , for all leets were derived and taken out of the Sherifes turne , Pasch. 8. Ed. 4.26.43 . Ed. 3. & . 20. E. 3.3 .

And all the Justices were of opinion , that a Sherife hath authoritie to enquire of all things in his turnes , that ●s either trespasse or felony at the common Law , except of the death of man , but he cannot enquire of trespasse or felony by statute in his turne , 28. E. 3.95 21. E. 4.

If a Sherife inquire of Nusance in his Turne , and it is there found , which should have beene inquired of in a Leete : now the Sherif cannot distraine for his amercia ment , for if he doe , he is a trespassor . But if default bee ●n the Lord of the Leet , for that he did not inquire there-thereof , it seemeth then that the Sherife by the Lords default may inquire thereof in his turne , 28. E. 3.95.2.9 E. 3.27 . 10. H. 21. E. 3.3 .

If a man have a Faire or a Market by grant or by pres cription , and doth not keep his faire or market as he ought to doe , the Sherife may inquire of this in his Turne .

Vpon a presentment of a Nusance in the sherifes turn , the offendor shall be amerced , there the sherife may distraine for that amerciament . And if a Purpre sture bee presented there , the sherife may abate it and returne it Pasc 25. E. 3 .

It appeareth by Master Britton , that all the Freeholders and Terre Tenants inhabiting within the Hundred , ought to come to the sherifes Turn , none excepted , but Knights and Clergy men , their wives and children . And there , twelve at least of the s ufficientest Freeholders within the Hundred ought to bee impanelled and sworne to inquire and present all things there inquirable , and presentable , and all the rest which appeare there , ought to be sworne by the dozeners and villages to present to the sayd Jury all such things as shall bee given them in charge , and it seemeth that the sherife ought to keep his turne in every hundred within his County , and there punish all things which have been omitted at the Leets or law dayes there .

Also by the same Law it seemeth , that they ought to Inquire there of petty Treasons , Homicides , Rapes , Robberyes , Burglaries , and of all manner of Felonyes by the Common Law , and of all other things inquirable at a Leete , according to the statute of 18. Ed. 2. de Vic. Franc. Pleg .

And when the dozeners and villages have delivered their presentments to the sayd Jury , and the Jury , when they are agreed of their Presentments , then they must give up to the Steward or Court-keeper such presentments , as they will stand to , and avow , and if there be any of Felony , they must deliver up these by themselves to the steward privily , and the rest openly .

But this Court is now almost out of use , since sherifes have used to sell both their sherifwickes , and bailiwickes to men of meane estate that will not regard the good of the Common wealth , but altogether their owne private gaine and profit , whereby the Keepers of the Liberties of England by authoritie of Parliament are many times much wronged , and deceived , betweene the Vnde rs herife , and the Bailifes , of all their waifes , straies , and selons goods , which are taken up by the Bailifs , and never accounted for , which may touch the Sherife in his credit and reputation , for when he entreth into his account for the payment of the Keepers of the Liberties of England by authority of Parliament debts , he is then sworne to answer and account for all waifes , straies and felons ●●ods , debts , perquisites , and profits which he seldome or never knowes of , because those ancient Courts are not kept as they ought to be , and therefore how he may dispence with his oath herein is the question .

There is a Writ in the Register , fol. 174. whereby a Sherife may remove all his Bailifes of Hundreds , Wapentakes , Tythings , and Liberties , which have not Lands or Tenements sufficient within the Countie . And sherifes bailifes one yeare , ought not to be in that office in three yeares after , by the statute of 1 H. 5. cap. 4. becau se by their continuall being in that office , they grow so cunning that they are able to deceive both the Keepers of the liberties of England by the authority of Parliament , the s herife , and the countrie .

And sherifes bailifes ought to be sworn to the Keepers of the liberties of England , by authority of Parliament , to exercise their office duly and truly by the statute of 27 Eliz. capitul. 12.

The nature of Executions , and of how many s orts they are .

THey are of six sorts or degrees , viz. upon a Statute Merchant , a statute Staple , a Recognisance , an Elegit , a Capias ad s atisfaciend , and a fieri fac , and a sherife cannot lawfully break any mans house to do execution upon any of these justifiable , except the Keepers of the liberties of England by the authority of Parliament be a party , for every mans house is his safest refuge , as hereafter shall appeare . If a man be bound in a statute Merchant , execution shall be done thereof thus . First a Writ of Certiorare must be sued forth of the Chancery , directed to the place where the Statute was acknowledged , to certifie the acknowledgement of the statute into the petty bagge office in the Chancery , and upon that certificate shall goe out a Capias against the body onely , si laicus sit , returnable in the Court of Common pleas , or in the upper Bench : And upon the returne of that , with the sherife of that shire to whom it was directed , that hee is a Lay man and is not found in his shire , then within a quarter of a yeare after shall goe out an Exigent against all the cognisors lands and goods , and against his body , and for your better satisfaction herein , see the Statute de Mercat●ribus 37. Hen. 6. fol. 6. and Fitzherbert 130. G.

A statute staple must bee certified in the like manner as statute Merchant , and upon that shall goe forth a writ of exe cution , both against body , land , and goods , returnable in the Chancery in the Petty bagge office there , and not in the Court of Common pleas , or upper Bench , as the Writ of execution upon a statute Merchant shall : and upon the returne of this Writ such lands and goods as are taken in execution shall be delivered to the cognisee by the sherife by another Writ called a Liberate , and not before . And note that all the Fee simple lands , which the cognis or had at the time of the acknowledging of the sayd Statute , or at any time after , are lyable to both the sayd statutes , but no intailed Land , but during the cognisors life , nor no copihold land , nor no goods , nor leases for life , or years , but such as the cognisor hath in his owne use and possession at the time of the execution done , Fitz. 131 . D.

Note , that if a statute staple be returned and filed , the cogni see can have no Liberate into any other county . 2 R. 3. fol. 7 .

Vpon a Recognisance there shall not goe out a Capias , but Scire fac . returnable in the Chancerie , and upon the returne thereof they doe use to a ward a Capias , a Fierifacias , or an Elegit , at the choice and election of the cognisee . 48. E. 3. fol. 14.

By an Elegit the sherife may take in execution one halfe of the land of the cognisor , and all his goods , besides oxen and beasts of the plow , A Capias ad satisfaciendum is onely against the body , which the Sherife must be s ure to keepe safe , or else he may perhaps pay the debt , if his prisoner doe escape either with his leave or consent , after that he is once in execution , for then the Sherife hath small remedy or none at all , but if he doe escape against the Sherifes will , and without his consent , then the sheris e may take him againe if he can finde him by 〈…〉 Writ before the returne thereof , or by ano ●●●● after , though it be in another shire , so that he be foll● 〈…〉 fresh suit , and taken againe before the action bro●●●● by the plaintife against the Sherife , for the escape , h●●●oever the Sherife in this case may have his remedy against his prisoner by his action upon the case , if he be able to make him satisfaction , otherwise he may keepe his body , and his prisoner in this case shall not be delivered by supersed upon audita querela , because he cannot take any benefit of his owne wrong . But otherwise it is when a prisoner escapes with the consent of the Sherife or goaler , for then he shall have and maintaine if he will in Audita querela against a Sherife , or a goaler , 〈◊〉 appeareth in my Lord Cookes 3. Booke of Reports fol. 43 . & 44. in Boytons case there .

And in my Lord Cookes said third booke of Reports , it is re solved for Law , That if a Sherife die in the time of his Office , having divers persons in his cusiody , and after a new Sherife is chosen in his place , in this case it behoves the new Sherife to take notice at his perill of all the executions which are against any person which hee findes in the Goale , and that is a matter of necessitie , for in that case there is no man in rerum natura to deliver the prisoners unto him .

Als o in the same case it is resolved , that if a Sherife die in the time of his office , and before another bee appointed to that place and office , a prisoner which was in the pris on in execution , breakes the prison , and so is at large , this is no e scape , and the reason is there alledged , because when the sherife died , all his pris oners were in the custodie of the Law , untill a new sherife was chosen , and set in his place . And therefore although that the pris oners be in the interim out of the walls of the prison , yet the Law hath the custodie of them , and preserves them in execution without any fresh suit made after them , wheresoever they be , and they may be fetched againe in execution at any time after , if they can bee found , and no escape in this case can prejudice the plaintife .

Note also that if a prisoner die in execution before payment or s atisfaction made to the plaintise for his debt for which he is in execution upon a Capias ad satisfaciend . i● this case the pl. shall have an Elegit against the defendants lands and goods , if he had any lands , in fee simple , at or any time after the Judgement was had against him , or any goods at the time of his death . And it is Bloumfields case , in the fift booke of sir Edward Gookes Reports , f. 87. and Fitz. nat. br. fo. 246.

Also when a man is in the Sherifes custody by the proces of Law , and after another Writ is delivered to the sherife against the body of him which is then in his custody , the sherife in this case must be answerable for his prisoner , although he doe not arres t him by the second Writ , by the judgment of the Law , for Lex non praecipit inutilia , And this in Frosts case in the fifth booke of Reports , fol , 89 , and with this agreeth 7. H. 4.30 .

If a Capias , viz. a meane proces be executed and not returned , the arrest is tortious and a wrong , for the arrest is made to that end that the def. should appeare to answer to the plaint his action , but in all Writs of execution except an Elegit , if the execution be duely done , althoughthe Writ be never returned or filed , , it is no great matter if the pl. have his demand ; for then he hath no cause to proceede any futher herein : but in case of an Elegit , because the extent is to be made by an Inquest , and not by the Sherife alone , that ought to be returned , or else it is nothing worth , as it appeareth in Hoes casein the said 5. booke of Reports , fol. 90. and by Fulwods case in the 4 , booke , fol. 65.

Also it is resolved in Seymans case in the said 5 booke of Reports fol. 91. that a mans house is to him his Castle , as well for his defence against in jurie and violence , as for his rest and repose , and that a sherife cannot justifie the the breaking of any mans house to execute a Capias ad s atisfaciendum , or a Fieri fac , but if he doe , it is at his perill , and he is therein a trespasser , if the Keepers of the liberties of England by authoritie of Parliament be not a party , for every mans house is his safest res uge : but if the Keepers of the liberties of England aforesaid be a party , then the Sherife may justifie the breaking of a house to doe execution of his proces , if he cannot otherwise execute his proces , but first he ought to make request to open the doore by the stat. of Westm. 1. c. 17. & 41. of the Assise placit . 17. if hee breake the do●res when hee may enter otherwise , yet in the said Seymans case , it is resolved , That a sherife upon an habere fac s eis inam or possessionem may breake a house and deliver seison and possession thereof to the plaintife , and the reas on therein is , because that after judgment , it is not the defendants house in right and judgement of Law .

Also whether it be for felonie or suspition of felonie , the Keepers of the liberties of England by authority of Parliament officer may breake another mans house to apprehend a theefe , and that for two reasons , viz. one for the good of the Common-wealth , and the other is for the service and duty which he owes to the weale publique , for in every felony , the common - wealth hath an interest , and where the common-wealth hath any interest , the Writ is A non omitt propter aliquam libertatem , and therefore the liberty or priviledge of any mans hous e will not hold against the Keepers of the liberties of England by authoritie of Parliament but where the common wealth , hath no interest , but onely a common person . A Sherife although he make request to open the doores , and deniall is made , if he should then breake them , and so enter and doe execution : that men in the night as well as in the day , should have their houses broken upon any fained matter , for although that a Sherife be an Officer of great authority and trust , yet it appeareth by daily experience , that all or the most part of the Keepers of the liberties of England by authority of Parliament Writs , are executed , and served , by unders herifes and Bailifes , which most commonly are persons of small value and account . And all the authorities which doe prove that when the Processe concerne the aforesaid Keepers of the liberties of England , that the Sherife may then breake the house of any man to execute them , if otherwise hee cannot execute them , implyeth that at the suit of a common person , the house cannot be broken justifiably , and with this resolution agreeth the booke in 6. Edw. 4 fol. 9. A fieri facias is onely against the goods and chattels of a man , as moveable goods , or Leases for yeares , and the sherife had need to be very carefull how , and after what manner he doth execute this Writ , lest he burne his fingers , for if the goods or Leases which he taketh in execution be not the defendants owne goods , or Leases , although he may finde them in the possession of the defendant , which is the best colour in Law to prove them , his , if he use them and take the profit and benefit of them as appeareth in Twynes case in sir Ed. Cookes 3. booke of Reports .

Also s ometimes it doth fall out , that the goods and chattels which a Sherife upon such a Writ taketh in execution , are not the defendants , and then the Sherife is a trespasser to the Owner of the goods , as if the Lands be pawned to the defendant , they are none of his untill the day of the redeeming of them be past , 34. H. 8. Pledges , 〈◊〉 28. & 4. Edw. 6. distr . 75. So if a man bona fide make a Lease of his Oxen for yeares , and after is condemned in a personall Action , these Oxen during the time shall not be taken in execution , 22. E. 4. fol. 10.

In debt where three are bound jointly , and severally , and three Judgments are had against them , in this case if execution be done against one of them , the others shall have a Supersedeas : But in Trespas against three , execution against one of them sufficeth not , and the same Law is in a joynt debt , 4. El. fol. 39.

If goods taken in execution upon tryall are found to be none of the defendants , then the Sherife shall pay damages to the owner of the goods , to the value of the goods so taken , and costs of suit , although he hath delivered them to the plaintife in execution , if he have returned his Writs , that he hath taken so much goods of the defendants , and that he hath those monies ready to tender &c to the plaintife , then he is at a double mischiefe ; for although the value of the goods be recovered against him by the owner of the goods , yet the plaintife in the action may within the yeare after execution done , have a Scire facias upon the judgment and returne , and thereby compell the Sherife to bring the money into the Court , and after the yeare he may have an action of debt against the sherife for it , if he be not otherwise ordered by the Court where the Judgment is depending . And therefore in this cas e the surest course for the Sherife , is either to keepe the goods untill the parties bee agreed , or else to take good security of the plaintife to defend him and save him harmele sse , and to stay the returning of his Writs , untill he may be well advised what to doe therein , for if he take a bond of the plaintife , it is questionable whether it be good or no in Law , and not with in the compasse of the statute of 23. H. 6. to be taken color . officii : s ed hoc quere .

It is resolved in Mi●tons case in my Lord Cookes 4. booke of Reports , fol. 33. & 34. that both the County C. and the goale are appertinent and belonging to the Sherifes office , and ought not to be severed , no more than the Sherifes turne from the office , and it was the opinions of Poph. and Anders . the 2. L. chiefe Justices , and with that agreeth the Judgments of the Parliament ann. 14. E 3. ca. 10.

Now next I will say something as concerning a sherifes account , which will trouble him most of all , if he be never so skilfull therein , it is so tedious and so chargeable , for if he get by his office , he will goe nigh to bee stripped cleane out of his paying of Exchequer fees , and other extraordinarie charges which he cannot avoid , as experience hath taught me , and there is no way to helpe it as I thinke , but by an act of Parliament , and therefore it is no marvell that the Undersherifes make shipwrack of their consciences , to catch what they can to save themselves , and that which they had before they entred into that office , for what betweene some of their high sherifes covetousnes in taking money for their office : and extremitie shewed to them and their sureties upon every light and small occa sion , and the extreme taking of ordinary and extraordinary fees of Exch. ●en , a poore undersherife is stripped out of all that ever he hath , or can make , if he doe not hedge so , as he may be still in action every yeare , as a Fox is stripped out of his skinne ; and yet few or none will pittie him , for in every Court where he is called in question , the name of the undersherife is so odious , and many times not without just cause , that oftentimes an honest man is condemned to be a knave ; before he is heard speake for himselfe ; nay , he is so odious ( I meane a lewd extorting undersherife ) that a Theefe by a generall Pardon , receives more favour then he can , for a theefe is thereby pardoned of all felonies , for the which he might have the benefit of his Clergie , although he cannot reade , but all misdemeanors committed by an undersherife , are commonly excepted out of the Generall pardon , which is somewhat hars h , that all shall be condemned for some , for there is never an Officer the Keepers of the liberties of Lngland by authoty of Parliament have , taketh more paines , and undergoes more perils , and doth the Keepers aforesaid better service , than an honest , understanding and a carefull undersherife doth , but commonly these doe die beggers , by reason of the causes before alledged .

The entrance into the Sherifes Account .

FIrst , in Hillarie Terme next after they are out of office , the high Sherife and unders herifes of most Shires are sworne to yeeld and give a just and true account to the Keepers of the liberties of England by authoritie of Parliament and their officers in the publique Excheq . which they shall be charged withall , by the greene wax of the Exchequer , and of all wayses , streyes , and felons goods , which happened within the compasse of their office , and of all other profits whatsoever , due and belonging to the weale publique , and chargeable by them to answer for , by reason of their office , or much to this effect . Now when this is done , the high Sherife commonly takes no further care , beeause he thinkes himselfe secure , by reason of his securitie which he hath of his undersherife , for thereupon he relyes , and seldome or never remembers what oath he hath taken , and so commits all to his undersherife ; then if his undersherife be a carefull and an hones t man and have skill and regard to doe his best endeavour to levie the Keepers of the liberties of England by authoritie of Parliament debts , and to pay them into the receit duely and orderly , as they ought to be , then the high Sherife may doe well enough , and therein dis charge both his oath and and his Oath and dutie , but if otherwise , a lewd , or an ignorant undersherife , may both undoe his high Sherife , and himselfe , both in this world , and in the world to come , by totting and nichling , that is , in charging or dis charging , unorderly , unhonestly , or or ignorantly , for if if be totted , that is charged , though it can never be levied : it will now hardly be avoided , but it must be paid , and if it be nichiled , if it be issues of Jurours , though they be never so bad , and cannot be levyed , betweene the old Sherife which returned them , and the new sherife which nichised them , they must bee payed , though it be seven yearer after , if there come no pardon in the meane time , by an old Statute made in the 27 yeare of Ed. 1. and to prevent this , it behoves all Sherifes before they take upon them to returne any Jurors , to get them a perfect booke of all the sufficient Freeholders names in the shire , and especially of all which dwell in the gildable , howsoever they doe of those which dwell in liberties , but of both is best , that the one may help the other , and to returne sew or none that be meane Freeholders in the gildable , lest by the sayd Law they bee enforced to pay their issues for them , which is a thing very hardly to be brought to passe , unlesse the Justices of P. in every quarter of the countrie , do cause the Constables and Ballifs to bring a true certificate thereof to the first quarter sessions that shall be holden in the shire , after the election of the new sherife , to be delivered unto him there , and this will hardly bee done , unlesse the Judges of Assise of every shire will be pleased to write their letters to that end and purpose to the Jus tices of peace of every division .

Now next the Undersherife must go to the forren Apposer , and with him hee must either tot , nichil , or set over into liberties all the debts and s ums of money contained in the summons of the green Wax , and in the Extracts of the P. of the Co. where hee was Vndersherife , wherein he must be very careful what he doth , lest he do that which he cannot undoe againe , and to prevent the danger thereof , his best way is to examine his book which hee is to make of all the charge contained in his summons and scedules before and with the Baylife of the shire to have their direction , which are good debts , and which are not , and which are in liberties , and which are not , if he himselfe doe not know it before he come to his account , and then make his booke accordingly , and then he s hall be the better able to perform the duty of an honest man , when hee comes to his Apposals ; but herein if the Sherife know not well the Country , and the Kee●ers of the Liberties of England by authority of Parliament debtors himselfe , hee is many times abu sed by the Baylifes , who most dishonestly will mis-informe him , and for bribes and rewards which they receive of the Freeholders , will tell him that they are either long since dead , or nothing worth , when as they are living , and very sufficient , and they will also s erve him so , with the Recognisances , and by that meanes dishonest Bailifes doe cause sherifes to deceive the Keepers of the liberties of England aforesayd of many of their debts by their ignorance against their wills , in trusting of the reports and informations of their Baylifes ; and this cannot bee helped onlesse the Sherifes will levy the Keepers of the liberties of England by authority of Parliament mony themselves , which they cannot possibly doe , by reason of their other businesse , or had trusty servants about them to do it truly and honestly , without grievance of the countrey , as i● ought to be .

A Particular of the ordinary Charges of the Accompt of the Sherife of the Countie of South-hampton , heretofore used to be payed , as followeth . Termin . sancti Hil. Cro. Purificationis , when he entreth into his Account . INprimis , to his Atturney in Mr. Osbornes Office , for his warrant of Atturney , ij . s. vj. d. Item , to him for his fees , and I cannot tell for what else , xxx . s. Item , to his man for his fees , vj. s. viij . d. Item , to another in that office for entring of that warrant . xij . d. Item , to the punie Baron for ministring of the oath , ij . s. Item , to the Cryers and Tipstaves there , xx . s. Item , to the Marshal then and there , vj. s. viij . d. Item , to the forreine Apposer for his fee , iij. li. x. s. Item , to his men , x. s. Item , to the Clerke of the Extracts for his see , xx . s. Item , to his men , x. s Item , to his Atturney in the pipe for his fees , v. li Item , to his man for his fee , xx . s. Item , to the deputy of the Pipe for his fees , xxiij . s. iiij . d. Item , to the Controuler of the Pipe for his fees , xxvij . s. vij . d. Item , to his man for his fee , x. s. Item , to Ma ster Orms of the Pype for his fees , xvij . s. viij . d. Item , to the Earon for the Apposell upon the s ummons of the pype , x. s. Item , to him for his fee for the vicontels , x. s. Item , to his man for his fee for the same , v. s. Item , to his Atturney in the remembrancers office for ●i fee , iij. s. iiij . d. Item , to his man , iij. s. vj. d. Item , for a Writ of Assistance from your Atturney in M. Osbornes office , v. s. vj. d. Inprimis to the Master of the Pype for his fee , xviij . li. v. s. Termino Paschae . Item , to the Ma. of the Wardrop for his fee , v. li. xj . s. ix . d. Item , to him for a Tally to have thereby an allowance ●iven for it . xvj d. Item , for joyning of that Tally in the Pype , iij. s. iiij . d. Item , for Mast . Elsons fee for the forrest of Wesbeare in ●amps hire . iij. li. x. d. Item , for the Earl of Pembrookes fee for Burley wall in ●e new Forrest in the s ayd County , ix . li. ij . s. vj. d. Item , to Sir Wil. Kingsmill for his fee and reparations 〈◊〉 Freemantle Park in the sayd County , xxix . li. xvij . s. v. d. ob .

All these five last payments are allowed upon the She●●fes account , out of the Keepers of the liberties of Engl●y authority of Parliament mony , which otherwise should ●ee payd to them .

Item , to the forren Apposer for his see for allowance of Justices wages to the Sherife upon the Extracts of the Peace , xl . s. Item , to his men for their fee , xiij . s. iiij . d.

And herein the Sherife of the sayd County is wronged by the Clerk of the Peace of the sayd County , for the Clerk of the Peace there receives all the fines , and payes the wages , and if there be any surplusage he puts it up in his owne purse , and the Sherife payes it into the Exchequer , and never hath it , because the fines are all certified in the Extracts of the Peace , and many times the fines doe exceed the wages of the Justices which are allowed to the Sherife for the wages , for hee is allowed but foure shillings a day a peece for eight Justices , and therefore accounting the fees which hee payes to the Officers in the Exchequer for his allowance , he is a great loser by it , and the Clerk of the peace goes away with the gains , therefore this would be remedyed .

Item , to the forraine Apposer for casting up of the debet upon the s cedules of the green wax , v. s. Item , to the Auditor assigned for the Shire , for declaring of the account , x. li. at the least Item , to the Atturney of the Pype for giving allowance of the Justices wages , before allowed by the forraine Apposer in the sherifes account , xiij . s. iiij . d. Item , to him for giving allowance of Elstons acquitrance , vj. s. viij . d. Item , to him for the foot of the Accompt , xxxiij . s. iiij . d. Item , to his man for his pains taken therein , x. s. Item , to the Baron for declaring of the account , vj. s. viij . d. Item , to his man for his fee , ij . s. Item , to his Atturney in the remembrancers office for examining of the account , v. ● . Item , to one of Ma. Osbornes office for receiving of the account , v. s. Item , for copies of the seisures which the s herife make himselfe in his yeare , in M. Osbornes office commonly 〈◊〉 the least , v. ●● . Item , for copies of the new seisures on the rememb●● side , according to the number of them , but commonly they come to about xx . s. Item , you must leave with your Atturney in M. Osborns office in part of payment for making your petition upon your account , for they will cost you iiij . s. a peece , and you may perhaps have C. x. li. Item , for another Writ of Assistants there , v. s. vj. d , Item , for entring the view of the account in M. Osbornes office , vj. s. iiij . d. Termino Trinitatis . Item , in the alienation office for viewing of the account and for a note of the charge there , iij. s. iiij . d. Item , if the sherife take the benefit of a generall pardon , then he must gee to the Clerke of the Extracts to have scedules made of all , such issues as are pardoned , and they will cost him for every scedule ( as I remember ) xx . d. which may come to foure or five pound , or thereabouts Item , to the Clerk of the Extracts man for his paines therein , xiij . s. iiij . d. Item , then to a Baron for allowing of them , xiij . s. iiij . d. Item , to the Barons man , iiij . s.

And this must all goe out of the Sherifes purse , without any allowance : and it is better then to oppresse the country when they may bee eased by the pardon . For if the Sherife levy any , he must pay it into the receit , or else he is forsworn .

Then if you carried any prisoners by Writ or commandement from the Judges of Assise , you mus t goe to the chiefe Judge of Assise for his warrant , and get your allowance under his hands as good cheape as you can , for some of his men will have money of you for it , x. s. at the least .

And then when you have his hand for it , you must goe to the Chancellor of the Exchequer for his hand to it , and his man will looke to have for his paines therein taken , at the least x. s.

Also in the Alienation office it will cost you for making of the bond and acquittance , with the scedules of seisures against such as have sold land held of the Commi ssioners without lycense of alienation , x. ls. vj. d.

Item , for a Warrant for a day to finish the Account untill Mich. terme , which now will hardly be gotten without extraordinary favour , xl . s. Item , to the Atturney in the Pype office , for setting off from the account six amerciaments , xx . s. Item , to his man for his pains therein to be taken , x. s. Item , payd for discharging the amerciaments in M. Osbotnesoffice , xx . s. Item , for a warrant to set off and dis charge in Sir Henry Fanshawes office , xij . s. vj. d. Item , for another Writ of Assistance , v. s. vj. d. Item , to the Marshal for liberty if the Sherife cannot go thorow with his account in Trinity Term , iiij . li. vj. s. viiij . d. Item , to his man , vj. s. viij . d. Item , to M●st . Osborne for ruling of your Petitions , xl . s. Item , more to his Atturney in the sayd office for making the petitions , v. li. Item , to his man for his pains taken therein , xl . s. Item , to the M●ster of the Pype for his fee , xiij . s. iiij . d. Item , to the Controuler of the Pype for his fee , xxx . s. Item , to his man , xxij . s. Item , to your Att. of the pype for his fee , v. li. Item , to his man , xxij . s. vj. d. Item , for the acquittances of two tallies in the receit ij . s. Item , for striking of those tallies , iij. s. iiij . d. Item , for joyning and allowing of another tally , for payment of a debt de remanent . compoti , v. s. Item , to two Auditors for casting up of a sherifes ac●ount in the Court when he is to be cast out of the Court , x. s. Item , to the Baron then , xx . s. Item , to his men , vij . s. Item , to the Marshall then , vj. s. viij . d. Item , to the Tipstaves and Cryers then , x. s. Item , to the Clerke of the Pype for Reeusants , xxx . s. Item , for allowing and joyning of the tally for Recu sants debts 6 s. Item , to the Baron for respects for Recu sants debts 30 s. Item , to the Cleark of the Pipe for Recusants for alowing of that warrant 10. s Item , to the Master of the Pipe for the same 3. s. 4. d. Item , to the bagg-bearer 12. d. Item , for the Qui●●us est to the Sheriffes Atturney of the Pipe 3. l. 6. s. 8. d. Item , to his man for his paines taken therein 20. s. Item , for the Quieius est for the Recusants 20. s.

Cum multus alus quaenunc praes cribere longum est . Et sic quietus est .

Summa totalis , &c.

All these sums are paid , besides all his charges and fees which he laies out and disburseth in the year that he is Sheriffe , which comes to a great deal more , as experience will teach him .

A Return of Summons of Assises .

Return of Writs . BY vertue of this precept to me directed , I made to come before the Jus tices under written , at a day and place within contained , all the Writs of A ssises and Juris , certified in the County of S. under written , before whatsoever Justices , as well by the divers Writs of the L. P. and M. lately King and Queen of England , as by the divers Writs of The Keepers of the Liberties of England by Authority of Pa liame●t , together with the Panes , Attachments , Reattachments , and all others helps of Assises , the Juries , and those Certificates what way soever corcerning . I have also made to come before the foresaid Jus tices to the Gaol of the Keepers aforesaid , of the Castle of Winch , ass igned for the delivery out of Pris on s there , at the day aforesaid , all Prisoners in the Gaol aforesaid , being together with their Attachments , Re-attachments , and all other helps tho se prisoners any way concerning , and of the visne of every Town and place , where the felonie for which the prisoners stand indicted , appealed or arraigned was committed , as well within the liberties as without , twenty four good and legal men , by whom the truth of the matter may be known and inquired , such as are not of any affinity with the prisoners ; together with four men , and the chief of the town and place of those , to do those things which then and there to them of the part of the Keepers of the Liberties of England by Authority of Parliament , now shall be enjoyned . Publickly al so have I proclaimed through my shire , that all those who will purs ue against those prisoners , that then and there they shall be as just it may be to prosecute . Also I have made known to all Co●oners , Ju s tices of peace , senescals of Lords and great men , Bailies of Liberties and Hundreds of the County aforesaid : That there they be with their rolles , records , indictments , and other their memorandums , to do those things which to their offices belong , as within is commanded me .

The residue of the execution of this precept , appears in certainscedules to this precept annexed .

R.O. Esq. Sher.

And the warrants which the Sheriffe must make by vertue of this Precept for the summoning of the Assi ses to the Bailiffes of Liberties , and Bailiffes of Hundreds , must contain in them the whole substance of this Precept , but whether it be in Latin or English , it is not materiall , so that it be in due form : And it is needfull that the Sheriffe keep for himself a particular note of the names of such persons as he nominateth in his warrant to be s ummoned to serve in the grand Jurie , and not to leave it to the discretion of Bailiffes to put in and out whom they list in that service .

The form of a Warrant .

ss. RObert O. Esq . Sheriffe of the County aforesaid to the Baily of the Liberty of C , or the Baily of the Hundred of A. greeting , By vertue of a certain precept directed to me , I require thee , that thou cause to come before L. T and L.H. Justices of Assise in the County aforesaid , to the Assises at the Castle of Winch , the teuth day of August next to be held , several persons under written , to do those thing which then and of the part of the Keepers of the Liberties of England now , shall be to them injoyned . Publiquely also proclamation make thou , thy whole Bailiwick through , that all those who will pursue against the prisoners in the Gaol of the Keepers of the Liberties of England , and of the County aforesaid , be there against them as just it shall be to prosecute ; Al so known make to all Coroners , Justices of Peace , seneschales of Lords and great men , that then there they be with their Rolls , Records , Indictments , and other memorandums , to do those things which to the●r several Offices belong ▪ And that thou thy self beest then there , to do all those things which to thy office belong , together with this precept under the peril incumbent : Given under the Seal of my office such a day and year , &c.

R.O. Esq. Sher.

Then here at the end of the Warrant under , the Sheriffe must set down the names and dwelling places of such as he will have warned to serve in the grand Jurie in particular , and keep a note of them , that he may be able to shew to the Court , if need s hall require , who he had determined to have returned for that service if they had come , and if the fault f●ll out to be in the Bailiffe , then he shall be punished , and the Sheriff excus ed.

Return of Summons to the Sessions of peace .

BY vertue of this Writ to me directed , I have caused to come before the Justices under written at the Cas tle of Winch , &c. within specified , the day , year , and place within contained all Con stables , and Bailies of Hundreds within the County speci s ied . Also from every of the said Liberties and Hundreds , twenty four Jurors to do thos e things which of the part of the Keepers of the Liberties of England to them then and there shall be injo●ned , And also I have made known to all Constables , Bailies of Hundreds of the County within written , that then there they be , having with them all the names of Artificers , Labourers , and servants in husbandry within the Hundred a foresaid , against the form of the Statute thereupon put forth and provided , And moreover sufficient proclamation within my Shire have I made , that all those , who as well for the Keepers of the Liberties of England , &c. as for themselves , against such like Artificers , Labourers , and servants any complaints against the form of the Statute and Ordinance aforesaid , will complain or prosecute , that then there they be , their Bills to prosecute , and justice there to undergo , if they see it expedient for them , as within to me is commanded .

R.O. E sq . Sher.

The Warrant must begin in the same form as the other , that to come you cause before the Justices of the publick peace in the County aforesaid at , &c. all Constables , &c. according to the substance of the matter contained in the Writ , and to conclude it as the other is concluded .

The return of this Writ is sometimes thus .

THe execution of this Writ appears in certain Pannels to this Writ joyned or annexed .

R.O. Esq. Sher.

Return of the Writ Originall in debt or trespass , if the defendant be infufficient .

Pledg . of prosec . I. Doo . R. Roo .

The within named H.B. and C.D. and if there be more defendants than two , then you must name but one , and the rest of the defendants within named , nothing have within my Shire , by which they may be summoned , if it be debt , but if it be in trespa ss , then it must be by which they may be attached , or he may be , if it be but against one defendant ,

R.O. Esq . Sher.

Return of Capias al. and plur.

THe within named A.B. is not found in my Shire ( And i● there be three then let it be ) And the rest of the defendants within named are not found in my Shire .

R.O. E sq . Sher.

Return of Exigent

BY vertue of this Writ , directed to me at my County hell at the Castle of Winch , in the County of S. within written , Mundav , &c. viz. the twentieth day of I. the year , &c. within written , I.C. and the rest of the de sendants within named , ( i● there be above two ) first were exacted and appeared not , At my County of S. there held on Munday , viz. the twentieth day of A. the yeare aforesaid , the aforesaid I. C.and the rest of the defendants within named the second time were exacted and appeared not , At my County of S. there held , on Mundav , viz. the tenth day of S. the year afore said , the aforesaid I.C. and the other defendant within named , the third time were exacted and appeared not , At my County of S. there held , viz. the twelfth day of O. the year aforesaid , the afore s aid I C. & the rest of the defen . within named , the s ourth time were exacted and appeared not , And at my County of S. there held on Munday , viz. the third day of N afores aid , the aforesaid I.C. and the rest of the defendants within named , the fifth time exacted were and appeared not , therefore I. C and the rest of the defendants within named by judgement of I.W. and W. R.gent . Coroncrs of the Commonwealth , of the County aforesaid , according to Law and Cus tom of the Commonwealth of England outlawed are , and every of them is outl● wed .

R.O. Esq. Sher.

Return of the Writ of Exigent with supers ed.

By vertue , &c. at my County of S. there held on Munday , viz. the twentieth day of A. the year aforesaid , the afores aid I.C. was the fourth time exacted and brought to me the Writ of the Keepers of the Liberties of England , &c. of supersed . and it is to this Writ annexed , For which to the farther executing this Writ I have superseded all together , as to me in this Writ is commanded

R.O. Esq. Sher.

Return of the Writ of Exigent where one renders himself , and all the others appear not .

BY vert●e , &c. at my County of South . there held on Munday , viz. the tenth day of A. aforesaid , the aforesaid I.C. and the rest of the defendants within named the 〈◊〉 time exacted were , at which day the aforesaid I.C. appeared and himself rendred to the prison of the Keepers of the Liberties of England , of the Castle of Winch , whose body before the Justices within written , at the day and place within contained ready I have , as within to me is commanded , but the rest of the defendants within named appeared not , therefore , &c. as above .

He that has rendred himself , languishes in prison .

AT my Court , &c. the aforesaid I.B. has appeared , and rendred himself to the prison of the Keepers of the Liberties of England of the Castle of Winch , within the County of S. aforesai● , and in the same prison now remains languis hing , by divers infirmities withheld , so that because of the weakness of his body and danger of death he cannot be carried , and therefore the body of I.B. aforesaid , before the Justices within written at the day and place within contained , for the present have I cannot , according to the form of this Writ .

Return of the exigent where one renders himself , another brings a Supersed . the third is dead , and the fourth waved .

BY virtue , &c. at my County of S. there held on Munday , viz. the tenth day of A. the year aforesaid , I H. R.S. A.C. and D.P. were the fifth time exacted , and the aforesaid R.S. rendred himself to the prison of the Keepers of the Liberties of England , &c. of the Castle of Winch , in the County aforesaid , whose body before the Ju s tices within written , at the day and place within contained ready I have , to do that which the Writ aforesaid demands and requires , and the afore said D. P. brought me the Writ , &c. of Supersed , annexed to this Writ , so that as to him farther proceed I could not , and the aforesaid I. H.dead is , and the aforesaid A.C. waved , Therefore by the judgement of I.W. and W. R.Coroners of , &c. of the County aforesaid , the aforesaid I.H. is outlawed , and A. C.waved .

R.O. Esq. Sher.

Return of allowance .

THere were allowed to him four days , at which the within named T.C. exacted was and appeared not , and further by vertue o● this Writ at my County held at the Castle of Winch , in the County of T. within written Munday , viz. the eight day of N. the year , &c. the aforesaid D. the fifth time exacted was , and appeared not , Therefore by judgement , &c. as above , he is outlawed .

Return of Exigent betwixt two Sheriffs .

By vertue of this Writ to me directed at my Court of S. held at the Castle of Winch , on Munday , viz. the tenth day of A. the year , &c. the within named R.K. exacted was and appeared .

R.O. E sq . Sher.

This Writ as it is indorsed , to me was delivered by R.O. Esq. Sher , of the County within written , my next predecessor , in the end of his office , And at my County of South . held at the Castle of Winch aforesaid , in the County afore s aid on Munday , viz. the tenth day of D. the year aforesaid , the afore said R.K. the second time exacted was , and appeared not , &c. as above .

And if there want Coroners at the Count to give Judgement , Then the Sheriff shall return his Writs thus , viz. that because of want of I.W. and R.W. Coroners of the Commonwealth of the County aforesaid , further proceed he could not , and then upon this return , the Coroners will be fined for every Writ , unless they can make a good excuse .

R.O. Esq. Sher.

Return of the Writ of Proclamation .

BY vertue of this Writ to me directed at my County of South . held at the Castle of Winch , in the County of South . within written , the twenty one day of March the yeare , &c. within written , to be proclaimed I cau sed , and at the most usuall door of the Church of B. within written , on Sunday , viz. the tenth day of April , the year , &c. immediately after divine Service no Sermon in the s ame Church then and there being , one moneth at least before the said W. the fifth time exacted was , to be proclaimed I caused , and at the general Session of the Peace held at the Castle of Winch afores aid , in the County aforesaid , the thirteenth day of May the year above said in the parts of B. aforesaid , again I caused to be proclaimed , that the within named B. should render himself to me , as within to me is commanded .

Ric. M Kn. Sher.

Return of the Writ of Capias utlag . betwixt two Sheriffs .

BEfore the comming of this Writ I.M. E sq . lately She. of the County of S. took the within named T.D. and in the prison of the Keepers of the Liberties of England of the Castle of Winch , in the County of S. aforesaid in his custody detained , by vertue of a certain Writ of capias utl to the said late Sheriff directed , which I.D. the said late Sheriff together with the said Writ , to me I.D. Knight now Sheriff of the County of S. aforesaid , delivered , whose body with the Writ a foresaid , I the aforesaid now Sheriff , before the Justices within written at the day and place within contained ready have , to do and receive what the said Writ shall demand and require .

R O. Esq . Sher.

Return of the Originall Writ in partition .

Pledges of pros . Joh. Den. Rich. Fen.

Sum. of the within named R.B. and E. his wife W.H. I.F.

R.O. Esq. Sher.

Return of the originall Writ in Covenant .

Pledges of pros . I. Doo . R. Roo .

Sum. of the within named I.P. Den. Fen.

R.O. Esq. Sher.

Return of Sum. in dower .

Pledg of prosec . I. Doo . R. Roo .

Sum. of the within named . I.H. I.W. W.D.

And at the Church Parochial of P. where the within named A.B. &c. on Sunday , viz. the fourth day of July the year within written , immediately after divine service , nosermon then being publiquely , I caused to be proclaimed according to the form of the Statute , as this Writ demands and requires .

R.O. Esq. Sher.

Return of Summons in waste .

Pledges of pros . John . Doo . Richard Roo .

Sum. of the within named L.P. William Fen. Richard Den.

And further I R.O. Esq . Sher. of the County within written , to the Justices within written certifie , that after summons aforesaid , viz. the tenth day of A. the year within written being Sunday after divine service , in the Church Parochial of B. within written , no sermon then there being , at the most usuall door of that Church Parochiall within which Parish the tenements within writtenly and are , I caused the sum . afore said to be proclaimed according to the form of the Statute in such case set forth and provided .

R.O. Esq. Sher.

Return of the Pone .

Pledges to pros . Joh. Den. Rich. Fen.

The within named A.B. is attached by his pledges . viz. Joh. Den. Rich. Fen.

Return of the Petit Cape in Dower .

By vertue , &c. such day and year I took into the hands of the Keepers of the Liberties of England within written the third part of the tenements within specified , with the appurtenancies as within is to me commanded .

Return of the writ of view in Dower .

To the Justices within written , I certifie that by vertue of this writ to me directed , I made the within uamed A.B. to have the view of the third part of the tenements within s pecified , in presence of N.C.R.D.W.B. and C. D.four Knights who were present at the view , and further I certifie which I said , that the four Knights aforesaid be before the Justices within written at the day and place within contained , to testifie that view as by the Writ aforesaid to me was commanded .

R.O. Esq. Sher.

Return of the summons of Assise .

Pledges of pros . I. Doo . R. Roo .

The within named W. L has nothing in my Shire by which he may be attached , nor is he found in it .

Otherwise where he is attached .

The within named W. L , attached is by one Cow of the price of 30. s.

If the partie appear not , his Cow is forfeit , and the Sheriff s hall be answerable for the value , and therefore he had need either to keep the goods attached , or else to have security to be saved harmless therein .

The residue of the Execution of this Writ appears in a certain Panel to this Writ annexed .

R.O. Esq. Sher.

The names of the recognitors of Assise of Novel diss eisin betwixt M.C plaintiff , and T.C. tenant A.B.C.D.

M. of the sum . recognitors aforesaid , and of every of them I.H. R.S.

Return of summons of a Knight of the Parliament .

By vertue of this Writ to me directed , sum . I have made to A.B. Knight , one of the Knights of my County girt with a Sword by B. T.and C.R. that he be before the Justices within written , at the day and place within contained , as this Writ demands and requires .

F.P. Kn. Sher.

Return of summons of Parliament .

The execution of this Writ appears in certain Indentures to this Writ annexed .

The within named A B. John Doo . Richard Roo . Issues — 20. s.

F.P. Kn. Sher.

Return of summons in attaint .

Pledges of pros . John Den. Richard Fen.

Sum. of the within named I.N. John Den. Richard Fen.

The residue of the execution of this Writ appears in a certain panell to this Writ annexed .

R.O. Esq. Sher.

The names of twenty and four Knights .

Richard M. of M. Esq . T.B. of A. E sq . &c.

Summons of the Jurors aforesaid H.H. S. S ,

Names of the Jurors of the first inquest in the Writ to this Panell annexed specifies . E.M. gent. H.E. gent. &c.

Pledges of the aforesaid Jury of the first inquest . Tho. Pit . Will . Fit .

Return of resummon .

The execution of this Writ appears in a certain s cedule to this Writ annexed .

R. O Esq. Sher.

The names of the Jurors of the Jury of twenty four Knights of whom in the Writ to this scedule annexed mention is made . B.M. of N. Esq . T.B. of M. Esq .

Every of the Jurors of the Jury of twenty four Knights afores aid , severally resum . is , by H.R. and M.N. good sum .

R.O. Esq. Sher.

Return of Accedas ad Curiam .

By vertue of this Writ to me directed , in form within written , I came to the Court within written , and in that full Court caused to be recorded the plea within written , And that record as it appears 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 I. B &c. four good and lawfull men of my Shire , of them who were present at that record , and to the parties within written , that day have I prefixed , that then there they be , in that plea as just it s hall be , to prosecute ; as within is to me commanded .

The stile of the Court of Alton .

The Court of Richard T. Knight , &c. there held the thirtieth day of March the year , &c.

I. S plains against W.W. of a plea of taking and unjust detinue of his cattell .

The Bailiffs return of his Warrant to the Sheriff .

By vertue of this precept to me directed , taking with me R. S &c. your discreet Knights of the Hundred of A. aforesaid , I came to the Court of R.T. Knight , and caused to be recorded the plea , which is in the same Court betwixt I.S. plaintiff , and W.W. defendant . And that Record pat . I have under my Seal , and the seals of the aforesaid four Knights of that Court , of them who at that Record were , and to the parties aforesaid that day I presixed , as to me commanded was : in testimony of which matter , as well I R.F. Bailiff of the Hundred aforesaid , as the aforesaid R.S. &c. four legal Knights of the Hundred pre sent , our Seals have put to .

R.O. Esq. Sher.

Return of Recordare .

By vertue of this Writ to me directed , in my full County held at the Castle of Winchin the County of Southampt . within written , such day and year , to be recorded I caused the plea , of which within is made mention , which plea appears in a certain scedule to this writ annexed , and that record I have before the Justices within written , at the day and place within contained , under my seal , and the seals of W.H.E.R. &c. four good and legal Knights of the same County , of them who at that Record present were , and to the parties within written that day I have presixed , there in that plea as just it shall be to prosec . as within to me is commanded .

The residue of the execution of this writ appears in a certain scedule to this writ annexed .

R.S. plaines against T.E. of a plea of taking and unjust detinue of his Cattel .

R.O. Esq. Sher.

Return of Fieri feci upon Fieri fac.

By vertue of this writ to me directed , I have made executions of the goods and chattels of the within named I.H. of a certain demise and grant to the same I.H. by a certain T.G. gent. by his Indenture made for the term of thirty one years , to begin from the firs t day of July the year , &c. within written as by the Indenture bearing date the same day and year , more fully is manifest , and appears , of our Mess uage or farm with the appurtenances , scituate , lying and being in L. in the Parish of F. within my Shire , called or known by the name of B. together with all and singular Lands , Medowes , Pastures , Woods , underwoo●s waters , &c. with all their appurtenances , scituate lying and being within the Village of the Parish and fields of F. afores aid and O. viz. in my Shire , And the afores aid demise , and all and the whole right , state , title , term of years , pos se ssion and demand which the said I.H. now has , of and in the afores aid premisses , by vertue or vigor of the same demise and grant , or otherwise , to sale I have exposed and sold to a certain P.H. gent. for the sum of seventy six pounds thirteen s hillings four pence , and also I have made execution of the other goods and Chattels of the aforesaid I H. to the value of sixty five pounds six shillings eight pence , which sums of monies so in form foresaid by me levied , in the whole amount to the sum of one hundred thirty two pounds twleve shillings , and tho se sums before the Keepers of the Liberties of England , &c. at the day and place within contained I have ready , to render to the within named E.P. and I. his wife in part of satisfaction of their losses within written , as by this Writ within to me is commanded , and that the aforesaid I.H. no other or more goods or Chattels in my shire has , whence the residue of the aforesaid debt of one hundred sixty five pounds six shilings two pence , rai se or levie I may , according to the exigent of this Writ .

R O. Esq . Sher.

Otherwise upon Nihil habet .

The within named R.B. Knight , no goods or Chattels , Lands or Tenements , has in my Shire , whence the monies within specifed levie I may , as within to me is commanded .

R.O. Esq. Sher.

Otherwise upon Fieri fac , execution , and to sale he has exposed .

BY vertue of this Writ to me directed , I have levied of he goods and Chattels , Lands and Tenements , of the beneath named R. B.to the value of two hundred pounds , and those from day to day to sale have I exposed , and thence sold to the value of one hundred pounds , which one hundred pounds at the day and place within contained ready I have , to render to the beneath named I.W. as within to me is commanded , and the residue of the goods and Chattels aforesaid , are yet in my hands remaining for default of buyers .

R.O. Esq. Sher.

Return of Tarde .

This Writ so lately to me delivered was , so that because of shortness of time execute it I could not , as this Writ wills and requires .

R.O. E sq . Sher.

Return special upon Habeas Corpus .

I R.O. Esq . Sher. of the County of S. to the Keepers of the Liberties of England , &c. at the day and place in this Writ to this scedule annexed , contained certifie , that before the coming of this Writ , A.O. in the said Writ named was taken within the County aforesaid by W.A. Esq. lately Sher. of the County aforesaid , and in the prison , &c. of the Castle of Winch. in the County aforesaid , safely under the custody of the same lately Sher. detained , by vertue of a certain Writ of the said Keepers of the Liberties of England of Cap. against the s aid A. gent. witness at Westminster , the ninth day of Oct. the year , &c. and return before the Jus tices of the Common Bench at West . the day of Saint Martin , fifteen dayes then next following , to satisfie T.D. Gent. as well of a certain debt of forty pounds , as of thirty shillings for damages , of which the same A. before the Justices at West . convict was , The body of which A. so taken and in prison aforesaid , under the custody of the said lately Sher. for that occasion being determined , I the aforesaid R.O. now Sher. of the County afore said , received o● the afore said lately Sher. in his going out of his Office , and his body , by me of the aforesaid lately Sher. So received in prison afore said , safely to be kept have I caused , untill after , viz. the tenth day of December the year , &c. I received a certain Writ of the said Keepers , &c. of Supersedeas to me directed the Tenor of which Writ follows in these words , The Keepers , &c. by vertue of which Writ of Supers . because there was not any other caus e to detain the aforesaid A. the said A. to go at la●ge I s uffered , The said Writ of Capias ad satisfaciendum notwith standing , as by the said Writ of Supersedeas to me thence was commanded , Therefore the body of the said A. before the Keepers at the day and place , in the said Writ to this scedule annexed contained , ready to have I cannot , as the same Writ wills and requires .

R.O. E sq . Sher.

Otherwis e.

Before the coming of this Writ to me directed , the within named H.H. committed was , to the Gaol of the Keepers of the Liberties of England , &c. of the Castle of Winch. in the County within written , under my custody , by vertue of a certain Warrant of I.C. and I.W. two of the Justices of the peace publick in the County aforesaid to keep , as also diverse Felonies , trespasses , and other misdeeds in the s ame County committed to hear and determine assigned , bearing date the third day of A. the year within written , for certain trespas ses and contempts against the form of the Statute for punishment of Vagabonds , and for the poor and impotent set forth , and this is the cause of taking and detaining the said H. yet the body of the said H. at the day and place within contained , ready I have as within to me is commanded .

R.O. Esq. Sher.

Otherwise .

I R.O. Esq . Sher. of the County of S. to the Justices within written certifie , that the bodies of R.T. and the rest o● the defendants within named , by me not taken were , but by W.V. Esq. lately Sher of the County aforesaid , my predecessor , and to me by him not delivered in the going out of his office , Therefore the bodies of them before the Justices within written , at the day and place within contained have I cannot , as within to me is commanded .

R.O. Esq. Sher.

Otherwise upon languishing .

TO the Justices within written I certifie , that the within named I.B. so languishes in the prison of the Keepers of the Liberties of England , &c. of the Castle of Winch. in the County of South . by divers infirmities withheld , That because of weakness of his body and danger of death , him safely remove I cannot , therefore his body before the Justices within written , at the day and place within contained , for the present have I cannot , according to the form of this Writ .

R.O. Esq. Sher.

Otherwise .

I R.O. Esq . Sher. of the County of S. to the Keepers of the Liberties of England , &c. certifie , that the body of the within named R.T. lyes under my s afe custody in execution at the suit of T.B. for 100 l. ret. before , the Justices , &c. at Wes tminster , from the day of Saint Michael one month , therefore his body at the day and place within contained have I cannot , as within to me is commanded .

R.O. Esq. Sher.

Return of ● have required the Baily of the Liberty .

BY vertue of this Writ to me directed . I have required the Baily of the Liberty of Thomas Bishop of Winch , to take and arrest the within named I.S. in form within written , who has the full return of all Writs and precepts , and the executions of them within the Libertie aforesaid , And that no execution of this Writ by me can be made within that Liberty afores aid , which Baily no answer to me as yet has given , or thus , who me answered , that the within named I.S. is not found in his Bailiwick , or thus , that he took the body of the within named I.S. whose body at the day and place within contained ready he has , to do all those things which this Writ does will and require .

R.O. Esq. Sher.

Return of the Writ of Restitution .

BY vertue of this Writ to me directed such day & year , &c. within written , the Tenements within written with their appurtenances I have resei sed , and to the within named T. and H. full possession and seisin thereupon restored , as within to me is commanded .

R.O. Esq. Sher.

Return of Habere fac . possession with Fieri fac .

BY vertue of this Writ to me directed the twenty fourth day of May , the year within written I caused to have to the within named H.H. the possession of his term within written , with the appurtenances , And also I have caused execution to be made of the goods and Chattels of the within named W.W. twenty s hillings parcel of the damages within specified , and those monies I have before the Jus tices within written , at the day and place within contained to render to the aforeiaid H.H. as within to me is commanded .

R.O. Esq. Sher.

Return of Writ of seisin .

BY vertue of this Writ to me directed the twenty sixt day of O. the year within written , I caused to have to the within named N. S.plenary seisin of and in the tenements within specified , as within to me is commanded .

R.O. Esq. Sher.

Return of Writ of Seisin in Dower .

The execution of this Writ appears in a certain scedule to this Writ annexed .

TO the Jus tices of the Common Bench I certifie , that by vertue of the Writ of the Keepers of the Liberties of England to me directed , and to this scedule annexed the tenth day of A the year , &c. I caused to have to P.B. widow in the Writ aforesaid , named , plenary seisin of the third part of the Manner of B. with the appurtenances in the same Writ specified , viz. of one Hall and Kitchen of two spares in the tenure of the s aid I. with free ingress and regress to and from the same , als o the upper part of the Mansion house in the tenure of E.C. from the entrance toward the South , and of one Close several , called H. containing by estimation five acres , and of four acres of pasture lying on the North end of one Close called B. and one acre of pasture called C. in the Writ aforesaid specified , to be held by the afores aid P.B. in several by metes and bounds , in name of the whole dower of the same P. to her P. contingent of the whole Mannor in the same Writ specified , as by the Writ aforesaid to me is commanded .

R.O. Esq. Sher.

Return of Venrie fac.

The execution of this Writ appears in a certain Panel to this Writ annexed .

R O. Esq . Sh.

A.B. of E. Gent. and so twenty three others .

●…e Pa●… . Every Juror aforesaid by himself severally attach . is by pledges . John Doo . Rich. Roo .

R.O. Esq. Sher

Return of distress of Jur.

The Execution of this Writ appears in a certain Panel to this Writ annexed .

The Panel . M. of the Jurors aforesaid and every of them . John . Doo . Richard Roo .

The Issues of every of them — 10. s.

R. O Esq. Sher.

Return of Cap. ad sat .

BY vertu● of this Writ to me directed , I took the body of the within named A.B. whose body before the Justices within written , or before the Keepers of the Liberties of England by authority of Parliament , in the upper Bench at the day and place within contained ready I have , to satisfie the within named C.D. of the debt and dammages within specified , as within to me is commanded .

R.O. Esq. Sher.

Return of Elegit

The Execution of this writ appears in a certain Inquis ition to this Writ annexed .

AN Inquisition by Indenture taken at B. in the County aforesaid , the tenth day of I. the year , &c. before me R.O. Esq. Sher. of the County a●oresaid , By vertue of the Writ of the Keepers of the Liberties of England to me directed , and to this Inqui s ition annexed , By the Oath of T B. &c ( and so on to twelve more at least ) who say on their Oath , that B.C. in the Writ aforesaid , named such a day and year , &c. was sei sed in his d●mesne as of Fee , of and in one Messuage called , &c with the appurtenances , lying and being in the City of Winch aforesaid ; now in the occupation of A.G. widow of the clear yearly value in all i s sues ov●r and above the reprises forty shillings , And als o o● and in one Garden with the appurtenances , called , &c. in the City and County aforesaid , of the clear yearly value in all issues over and above the reprises of twenty shillings , and also of and in one other Messuage with the appurtenances in the County and City aforesaid , s cituate lying and being near the Church there , called Saint Clements Church , lately the land of a certaine R.A. deceased , now in the occupation of B.C. or his assignes , together with all the gardens and aedifices to the same Messuage belonging or appertaining of the clear yearly vaelue in all issues over and above the reprises of five pounds , And also of and in one other Messuage called , &c. in the City and County aforesaid , in the tenure of the aforesaid B.C. of the clear yearly value in all is sues over and above the repri ses of ten shillings , which all and singular the aforesaid B.C. lately purcha sed to him and his heirs of certain N.S. and A.L. his wife , one of the daughters of E. coheir of the s aid R.A. which Messuage in the tenure of the afore said B.C. together with a garden to the same Messuage lying and belonging , with all and singular the appurtenances , for the mediety of all the Lands and Tenements aforesaid , I the aforesaid Sher. have caused to be delivered to R.S. in the Writ aforesaid named , to be held to him and his assignes , according to the form of the Statute thence provided as his Frank-tenement , untill his debt of one hundred pounds together with his dammages in the Writ aforesaid mentioned , fully thence he shall have levyed , as the Writ aforesaid wills and requires , And further the Jurors afores aid on their Oath aforesaid say , that the afores aid B.C. no other or more has , or after the recognis ance of the debt aforesaid , had goods or Chattels , Lands or Tenements , in the County afore said within their knowledge : in Testimony of which as well I the aforesaid Sh●r as the Jurors aforefaid to this inquisition our seals alternately have put the day of A. and place above said , &c.

R.O. Esq. Sher.

Return of an Extent .

BY vertue of this Writ to me directed , I have taken the body of the within named W.W. whose body at the day and place within contained ready I have as within to me is commanded .

The residue of the execution of this Writ appears in a certain Inquisition to this Writ annexed .

R.O. Esq. Sher

AN Inquisition by Indenture taken at the City of Winche ster in the County aforesaid , the twelfth day of January , the year , &c. before me R.O. Esq Sher. of the County aforesaid , By vertue of a Writ of the Keepers of the Liberties of England by authority of Parliament to me directed , and to this Inquisition annexed by Oath of T.B. &c ( as above ) who say upon their Oath , the W.W. in the Writ aforesaid named the day of the recogni s ance of the debt in the same Writ specified , was seised in his demesne as of fee , of and in the manner of A. in the County aforesaid , of the clear yearly value in all issues , over and above the repri ses 100. l. and of and in the manner of C. in the County aforesaid , of the clear yearly value in all issues over and above the reprises 100. l. and further , the Jurors aforesaid on their Oath aforesaid say , that the aforesaid W.W. the day of the reconusance of the debt aforesaid , or at any time after no goods or Chatte●s had , nor other or more Lands or Tenements in the County aforesaid , within their knowledge , which extended , apprized , or into the hands of the said Keepers taken or seised may be , which Mannors , Lands , and Tenements aforesaid with the appurtenances , I the aforesaid Sher , the day of the taking of this Inquisition took into the hands of the said Keepers , by extent afores aid . In Testimony of which , as well I the afore said Sher. as the Jurors aforesaid to this Inquisition our Seals alternately have put , the day , year , and place above said , &c.

R.O. Esq. Sher.

Return of a Recognisance out of the Chancery .

The execution of this Writ appeares in a certain Inquisition to this Writ annexed .

AN Inquisition , &c. as above . Who say upon their Oath that E.M. in the Writ aforesaid named , the day of the taking this Inqus ition , was possessed of divers goods and Chattels following , viz. of Rye to the value of ten shillings , of Barly to the value , &c. and of certain Houshold-stuffe to the value , &c. which goods and Chattels I the aforesasd Sheriff have caused to be delivered to the aforesaid R. by precept aforesaid , as by the Writ aforesaid to me was commanded , And further the Jurors aforesaid on their Oath aforesaid , say , that the afore said E. the day of the Recogni sance of the debt , in the same Writ specified , or at any time after , no other or more had goods or Chat●els , lands or tenements in the County afore said , which to the same R.W. in the same Writ named , caus e to be delivered I may , ●n tes timony of which , &c. as above .

R O. Esq . Sher.

Return of Writ of Wast .

The execution of this Writ appeares in a certain Inquis ition to this Writ annexed .

AN Inquisition &c , Who say on their Oath a cresaid , that H.A. and I. his wife , in the same Writ named , have made was t , sale and destruction in all things in that Writ specified , viz by suffering one Hall o● the price of 30. s. two Chambers of the price of 3. l. one Stable of the price of twenty shillings , to be uncovered for default of reparation of the s ame houses , and by tempests with rain upon them descending , became rotten and corrupt , &c. against the form of the provision in the same Writ contained , and further , the said Jurors on their Oath aforesaid s ay , that the aforesaid A. and I. no other nor more waste , sale , or des truction have made , in the houses aforesaid , in Testimony of which , &c. as above .

R.O. Esq. Sher.

Return of the Writ to inquire of damages in Dower , where the Tenant died seised .

The Execution , &c. as aforesaid .

AN Inquisition , &c. who say on their Oath , that the within named W.K. the sifth day of January the year , &c. at K. in the County aforesaid died sei sed , in his demesne as of Fee , of and in the Tenements within s pecified , and that the Tenements aforesaid , are of the clear yearly value in all is sues over and above the reprises of 20 s. And that s ix years and three quarters of one year are passed , from the time of the death of W.K. af resaid , And that the within named I.D. has sustained damages by occasion of her dower within s pecified , to the value of ten pounds , in Testimony of which , &c. as above

R.O. Esq. Sher.

Otherwise in Trespass .

The Execution as above .

South . AN Inquis ition , &c. who say on their Oath , that W.B. in the same Writ named , sustained damages in the same Writ specified , and for mises , and his Costs by him about his suit in that part were set twenty shillings , in Testimony of which , &c.

R.O. Esq. Sher.

Return of Scire fac. scire fec . .

BY vertue of this Writ to me directed by A.B. and C.D. good and lawfull men of my Shire , I have made to know to A. D.that he be before the Justices of the Common bench , or before the Keepers of the Liberties of England , &c , or before the Barons of the Eschequer at the day and place within contained , to s hew and propound , if what for himself he has or to say knows why , &c. ( according to the matter contained in the Writ ) As within to me is commanded .

R.O. Esq. Sher.

Return of Nihil , upon scire fac.

The within named A.B. has nothing in my Shire by which him I might make know , nor is he sound in it .

Return of Devestavit against exec.

BY vertue of this Writ to me directed , I have taken into my hands diverse goods and Chattels which were to H.S. at the time of his death , in the hands of the with in named R.O. and K. hi● wife exec. of the Tes tament of the asor said H. to be administred , being to the value of thirty s even pounds parcel of the debt within written , which goods and Chattels remain in my cus tody for default of buyers , and further to the Justices within written , I certifie , that the afore said R.O. and K. divers goods and Chattels which were to the said H. at the time of his death , to the value of the●esidue of the debt , and the dammages within specified sold and wasted , and the monies thence arising to their proper uses converted , so that the residue of the debt and dammages within s pecified , of the goods and Chattels of the same H.S. Levie or execute I cannot , And further to the Justices a fore said I certifie , that the aforesaid R.O. and K. his wife , no goods have or Chattels of their goods , and Chattels proper , within my Shire whence the re sidue of the debt and the dammages within s pecified , or any parcell thence execute I may , as within to me is commanded .

Return of Replevin upon return to be had of the beasts .

BY vertue of this Writ to me directed , to be delivered I have cau sed , to the within named I.B. the beas t s which T.M. took , and to the same T.M. in the Court of the Common Bench adjudged were , as within to me is commanded .

R.O. Esq. Sher.

Return of beasts eloigned upon second deliverance .

Before the coming of this Writ , the beasts within written , by the within named T.C. eloigned were to places to me unknown , so that the view of them to the within named H. and T. to be returned have I could not , as within to me is commanded .

R.O. Esq. Sher.

Return of Withernam .

BY vertue of this Writ I took two pots brazen , two skillets brazen , &c. of the goods and Chattels of I.S. in this Writ named in Withernam , and those to W.B. to be delivered I have caused , to be had to the same W.B. untill the aforesaid I.B. the beasts of the aforesaid W.B. deliver will , as this Writ wills and requires : and further to you I certifie , that the aforesaid I.H. in this Writ named no other goods has , nor chattels which in Withernam taken may be● or by which be attached he may according to the tenor of this Writ .

R.O. Esq. Sher.

Return of the Writ of Collect of the 15. and 10. out of the Exchequer .

BY vertue of this Writ to me directed , to know I have caused to the within named A.B. And also tho se things which of the part of the Ke pers of the Liberties of Englandare to be done , I have given in command to the said A. B.concerning the levying and collection of the sixt Quirisme and Disme o● six whole Quiri smes and Dismes within written , and an Obligation according to the form of the statute within written to the aforesaid A.B. to be shown have caused , by him of the part of the said Keepers to bee s ealed , and as his Deed to the use of the said Keepers to be delivered , viz. I gave in command : but the ●oresaid A.B. altogether it to seale , or about the collection aforesaid to intermeddle , refused , and yet refuses , in contempt of the said Keepers , therefore the said Obligation at the day and place within contained have I cannot , as within to me is commanded . And therefore I certifie that to know I have caused to the within named C. D. that he about the levying and collection of he said sixth Quirismie and Disme of the ●foresaid six whole Quirizmes and Dismes within written diligently doe intend , and an obligation according to the form o● the Statute within written from the same C.D. have I received , and the same in the Exchequer , &c. at the day within contained I certifie , as within to me is commanded .

R.O. E sq . Sher.

The return of a Wood writ in the Exchequer .

TO the Barons within written I certifie , that P.M. L.S. & T.W. in the scedule to this Writ annexed , named no goods have , or Chattels , Lands or Tenements within my Shire , whence the severall debts upon them , and every of them imposed levy I may , but by vertue of this Writ to me directed , I have levied of the goods and Chattels of H.L.T.K. and I.B. in the said s cedule named , the severall summes upon them and every of them charged , and those monies before the Barons within written , at the day and place within contained ready I have , as within to me is commanded . And further I certifie , that I.B. E.A. and W.B. in the said scedule named , have alledged , that they have wherewith to exonerate the actions for the s evrall summes upon them and every of them charged , and for this have I taken of them s ufficient surety and have prefixed them a day of being here at the Exchequer , within written at the day and place within contained as within to me is commanded .

R.O. Esq. Sher.

Return of the Writ of Respit of Homage oth Distringas in the Exchequer .

M. of the within named A.B. I. Doo . Rich. Roo .

Issues — xx . s. Or according to the value of the Land more or lesse .

R.O. Esq. Sher.

Return of Seisure in the Exchequer in name of distress .

BY vertue of this Writ to me directed the twentieth day of M. the year , &c. within written fifteenth , into the hands of the Keepers of the Liberties of England , &c. the mannor of S. within written , with the appurtenances in S. in the County aforesaid , which Mannor is of the clear yearly value in all is sues over and above the reprises of twenty pounds of the Land of P.B. in the scedule to this Writ annexed named , I have taken also into the hands of the said Keepers one gun called a Petronel , with the Flax and touch box of the value of ten shillings , in name of distress of the goods and Chattels . of I.C. in the s cedule aforesaid , named as this Writ wills and requires , &c.

R.O. Esq. Sher.

Otherwise where Nihil is returned .

TO the Barons within written I certifie , that A. B C. D.and the other persons in certain scedules to this Writ annexed named , no goods have or Chattels within my Shire , whence the several debts upon them charged , or any parcel thence levie I may , nor are they found , nor of them is any found in my Shire , nor are there any Executors of the Testament , or last Will of the aforesaid several persons , nor administrators of the goods and Chattels which theirs were , nor any Heirs or Tenants of Lands of the aforesaid several persons or of any of them within my Shire which I might distrain , as that Writ wills and requires .

The res idue of the Execution of this Writ appears in a certain Inquisition to this Writ annexed .

R.O. Esq. Sher.

Nihil return .

South . AN Inquisition by Indenture , &c. who say on their Oath that A.B.C.D. &c. in the s cedule to this Writ annexed named , several dayes and years in which first debtors they became to the Keepers of the Liberties of England , &c. or at any time since to this time , no goods had or Chattels , Lands or Tenements within my Shire , which extended or apprized might be within their knowledge , And that dead they are but what day and year , or dayes and years , and where , altogether they are ignorant of , In Testimonie of which , &c. as above .

R.O. Esq. Sher.

Where the Land extendable lies in another County .

TO the Barons within written I certifie , that all the Lands and Tenements which were to the within named N.F. or to any of his ancestors lie in the County of S. and no ; in my Shire .

R.O. Esq. Sher.

Commorant in another County .

The within named E.S. is Sher. of the County of O. and is Commorant in the said County of O. and is not found in my Shire .

R.O. Esq. Sher.

Return for the Sheriff hims elf .

TO the Barons within written I certifie , that I H. W.Knight , now am Sher. of the County of S. therefore my self distrain I cannot , as within to me is commanded .

H.W. Knight Sher.

Return of the Writ for election of Kn. for the Parliament .

BY vertue of this Writ to me directed , to be chosen I have cau sed , two Knights with Swords girt , the most fit and discreet of my County aforesaid , viz. W.F. and I.S. which Knights full and sufficient power for themselves and the Commonalty of the County aforesaid , have , to do and consent to those things which at the day and place within contained of the Common Counsel , &c. of England , to be ordained shall happen , And the aforesaid W.F. and I.S. mainprised are by I. P.W.B.R.D.and R N. to be at the Parliament , &c. at Westminsterat the day within contained , to do as that Writ shall exact and require , I have made also a precept to I.P. and W.S. Bailies of the Liberty of the town of G. that of the Burrough of G. to be chosen they cause two Burgesses of the most discreet and most s ufficient , that they may be at the Parliament , &c. at the day within contained , to do and consent as aforesaid . Which Bailies so to me answered , that to be chosen they have caused of the aforesaid Burrough of G. two Burgesses , discreet , and the most sufficient to be at the Parliament aforesaid , viz. S.W. and R.W.

The residue of the execution of this Writ appears in a certain Inquisition to this Writ annexed .

R.O. Esq. Sher.

Return of the Writ to receive the order of Knighthood .

BY vertue of this Writ to me directed , as well within the Liberty as without , through my whole Shire publickly to be proclaimed have I caused , that all and s ingular persons , having Lands , Tenements , or Rents , as within written is , whose names in a certain s cedule to this Writ annexed are written , to the presence of the Keepers of the Liberties of England , about the Feast within written , pers onally do appear and come ; the aforesaid Order to receive , as within to me is commanded .

F.P. Kn. Sher.

Return of Rescuous .

The Execution of this Writ appears in a certain scedule to this Writ annexed .

BY vertue of this Writ of the Keepers of the Liberties of England , &c. to medirected , and to this s cedule anuexed , have I made a certain my Warrant , to a certain I.M. my Baily itinerant , to take and arrest E.G. in the said Writ named , which my Baily by vertue of my Warrant aforesaid , the tenth day of I. the year , &c. at D. in the County of S. afore said , took and arrested the body of the aforesaid E.G. and then and there , him E.G. in his custody had , upon which F G. of C. aforesaid , in the County aforesaid gent. and T.M. of the same town and County , gent. then and there by force and Armes , viz. with Swords , Ponyards , and Staves , upon my aforesaid Baily as sault made , and him my aforesaid Baily then and there , against the Law and Cus tome of , &c. England , &c. and against the will of him my Baily impris oned , and him my Baily in prison , there by the s pace of one howe then and there held , and twenty pence in monies numerate of the goods and Chattels and pence of him my Baily , from the pers on of him my Baily then and there , the aforesaid T.M. took , and the aforesaid E. by force and Armes aforesaid , then and there out of the Custody of my s aid Baily took and rescued , And als o the same E. himself then and there out of the custody of my aforesaid Baily res cued , against the will of the same my Baily , and against the peace publick , and after the same E. was not found in my Shire .

R.O. Esq. Sher.

Otherwise by the Baily of the Hundred .

BY vertue of this Writ have I made a certain my Warrant to W.H. Baily of the Hundred of H. who thus me answered , that where he by vertue of the Warrant aforesaid , the tenth day of S. the year , &c. at C. in the County aforesaid , took a certain I.S. and him to the Gaol of the Keepers of the Liberties of England , &c. of the Castle of Winch. would have brought safely to be kept , thither came a certain I.G. and R.S. with many others unknown , by force and Armes , in manner Warlike arrayed , and from the custody of the said Baily at , &c. the afores aid I.S. took and carried away , and the said Baily would have killed , unless the same S. to escape he had permitted , and so because of fear of his death , him I.S. to escape he permitted , And so that cause the body of the said I.S. before the Keepers of the Liberties of England , in the upper Bench , &c. at the day and place within contained have I cannot as within to me is commanded . And further I certifie that the aforesaid tenth day , &c. the afores aid I.S. was not found in my Shire .

R.O. Esq. Sher.

Otherwi se by the Baily of the Liberty .

BY vertue of this Writ to me directed , I have commanded I.S. the Baily of the Liberty of D. in the County aforesaid , who has full return of all Writs , Precepts , Warrants , to him thence directed , And who such day and year at P. in the County afores aid , T.S. in the Writ to this scedule annexed named took , and arrested , and him T.S. in his custody by occa sion aforesaid then and there had and held , And a certain I.C. lately of S. in the County aforesaid Husbandman , gathering to him many other Malefactors unknown , of the peace of the Commonwealth troublers , to the number of twenty persons , in manner warlike arraied , by force and Armes , viz. &c. upon him the Baily then and there riotously ass ault made , and him beat , wounded , and evil intreated , so that his life was de s paired , And that I.C. and the others , &c. him T.S. out of the Custody of the said Bailie then and there took and res cued , and as he listed at large to goe permitted , against the will of the afore said Baily , And the same T.S. himself out of the custody of the said Baily then and there in like manner rescued against the peace publick , &c. and after the same T. was not found in my Shire .

R.O. Esq. Sher.

Return of a Proclamation out of the Chancery .

BY vertue of this Writ to me directed publickly to be proclaimed have I caused , within my Shire , that the within named H. under the pain of his ingagement before the Keepers of the Liberties of England , &c. in the Chancery within written , at the day within contained appear , as within to me is commanded , also to the Keepers of the Liberties aforesaid I certifie , that the with in named H. B is not found in my Shire .

R.O. Esq. Sher.

Return of the Commis sion of Rebellion .

TO the Keepers of the Liberties of England , &c. I certifie , that the time of the receit of this Commis sion , to me and others directed , the within named W.W. taken and arrested was by W.S. Knight , Sheriff of the County of S. by vertue of divers Wri●s to the same Sheriff directed , and to the Gaol of the said Keepers of the Castle of Winch. by the same Sheriff committed was , in which Gaol I the aforesaid I.W. the aforesaid W.W. by vertue of this Commission him to be attached have caused , as within to me is commanded , but his body at the day and place within contained , have I cannot , because the same W. in the same Gaol , under safe custody of the said Sher. for diverse other causes there is detained .

I.O. Commission .

The return of a Dedimus potestatem to take the Oath of a Sheriff .

BY vertue of this Writ to us directed such day and year , &c. within written , we haue received the Oath of the within named R.O. Sher. of the County of S. that office well and faithfully to perform , according to the form of a certain scedule to these presents annexed , as within to us is commanded , and as this Writ exacts and requires .

W.S. and B.T. Commiss .

Return of a Writ of Premunire .

BY vertue of this Writ such day and year by I.S. T.W. and I.F. good and legall men of my Shire , to forewarn have I c●used W. K.Clerk within named , that he be before the Keepers of the Liberties of England , &c. at the day and place where s oever , &c. to do and receive as this Writ shall exact and require , and I. B.and the res t of the Desendants within named , nothing have in my Shire , by which them forewarned make I may , no● are they found in it .

R.O. Esq. Sher.

Return of the Writ where a Clerk has no lay Fee .

BY vertue of this Writ to me directed , to the Justices within written I certifie , that the within named T.H. Clerk , is beneficed in the Bishoprick of London , having no lay Fee in my Shire where he may be summoned .

R.O. E sq . Sher.

Return of the Writ of Election of a Verdour of a Forrest .

TO the Keepers of the Liberties of England I certifie , that the within named I.H. before the comming of this Writ to me directed dead was , and that I after the receit of this Writ , in my full County held at the Castle of Winch. in my County , the twenty ninth day of March , the year within written , by assent of the s ame County in the place aforesaid I. to be chosen have caused , a certain N.S. Esq. Verdour of the Forrest of B. within written , to do all those things which to that office belong , as this Writ exacts and requires .

R.O. Esq. Sher.

Return of the Writ of Summons before the Justices of the Forrest .

BY vertue of this Writ to me directed , to be summoned have I caused the Arch Bishops , Bishops , Earls , Barous , and all other free-holders who Lands and Tenements have within the metes of the Forrest of the Commonwealth within written , and four men and the chief of every town within the metes of the same Forrest , And also two good and lawfull men of every Burrough within the metes of the said Forrest , bound to come as they ought and were wont , that they be before the Justices within written , at the day and place within contained , as within to me is commanded , publickly also to be proclaimed have I caused through my whole Shire , as well in Burroughes as in other Towns , and in Faires , Markets , and other places publick , that all those who by Charter of the Keepers of the Liberties of England now , or of their Ancestors or Progenitors , or any other manner any Liberties or Franchises hold , or Liberties to have claim , And by what Warrant , That they be before the said Justices at the day & place aforesaid , To be proclaimed also have I caused , that all men attached for Vert and Venison in the Forrest aforesaid , after the las t plea of the Forrest aforesaid held , and their pledges and mainpernours , who have day by mainprise aforesaid , to be before the aforesaid Jus tices , to stand to the right , and to do those things which according to Law of Forrest do they ought .

The residue of the Execution of this Writ appears in a certain Panel to this Writ annexed .

R O. Esq . Sh.

The Panel .

Anthon. B. of C. gent. and so twenty four for the grand Jurie , and twelve for the petty Jurie .

When any man shews the Sheriff his Tallies

BY vertue of this Writ to me directed , to the Barons within written I certifie , that the Fermors within named , after the receit , to me have shown their Tallies of payment of their Ferm within specified , For which I have prefixed them a day to be before the Barons within written , to do and receive upon their Tallies aforesaid , according to the tenor of this Writ , And therefore the levying of the sum within specified , I supers . as within to me is commanded .

W.V. Esq. Sher.

Return of the Writ to proclaim the Sheriff to render his account by the Coroners .

BY vertue of this Writ to us directed , to the Barons within written we certifie , that in the full County of S. within written , held at the Castle of Winchester in the County of S. aforesaid , the twentieth day of A. the year , &c. within written , And also in the full County aforesaid at W. aforesaid , the eighteenth day of September , the year , &c. as als o diverse times after in the County aforesaid , articulately to be proclaimed have we caused , all and singular the Articles which in this Writ are contained and specified , as by this Writ to us within is commanded .

I.W. W. R gent Coron. R.O. Esq. Sher.

Return of Capias out of the Exchequer , as well of the body as of the Land in name of dis tress .

BY vertue of this Writ to me directed , to the Barons within written I certifie , that I have taken the body of the within written I.R. whose body before the said Barons ready I have , at the day and place within contained , also the twentieth day of I. the year , &c. within written , I have taken into the hands of the Keepers of the Liberties of England , &c. in name of Distre ss , certain Lands and Tenements of the within named I.R. lying and being in B. of the yearly value of C. s. as this Writ exacts and requires .

R.O. Esq. Sher.

Capias in to our hand a Manner .

BY vertue of this Writ to me directed , to the Barons within written I certifie , that the twentieth day of March the year , &c. within written , I have taken into the hands of the Keepers of the Liberties of England , &c. within specified , the manner within written , with the appurtenances , as within to me is commanded . And if it be with Inquisition for the annual value , then thus is the Writ aforesaid returned .

The residue of the Execution of this Writ appears in a certain Inquisition to this Writ annexed .

R.O. Esq. Sher. An Inquisition indented taken at , &c. as the Inquisition is before for the form , only putting in the new matter .

Return of the Writ of , who is Tenant out of the Exchequer .

BY vertue of this Writ to me directed , to the Barons within written I certifie , that W.B. and M. his wise , are Tenants of the third part of the Mannor within written , in three parts to be divided , and C.A.M.E. and I.B. the daughter of C.D. deceased , are Tenants of the s econd part of the Mannor aforesaid , in three parts to be divided , and the third part of the Mannor aforesaid remains in the custody of the Keepers of the Liberties of England , by reason of the Minority of P.B. son and heir of the aforesaid C.B.

M. of the aforenamed W.B. and his wife . John Doo . Rich. Roo .

R O. Esq . Sher.

Return of a Venire fac. out of the Exchequer , or Office of the Coron. in nature of Summons , where he is insufficient ,

The within named A.B. nothing hath in my Shire by which he may be attached , or where summon him I may .

The within named A.B. attached is by pledg . viz. Io. Fen. Rich. Den.

R.O. Esq. Sher.

The Issues of these 1 Mark●

And further , if these words be receited in the Writ , As also to show , then in every one ten shillings .

Return of Distringas where part nothing has in the Land .

The within named A.B. nothing has in the Lands , Tenements , and Hereditaments within written , by which him di strain I may :

Otherwise .

No such mannor is there nor any Land or Tenement known by the name of E. lying in the County of S. upon which the Tenants thence distrain I may , as within to me is commanded .

R.O. Esq. Sher.

Return of Venditioni Exposita .

Kitch . Exponend . BY vertue of this Writ to me directed , from day to day to sale have I expo sed those goods and Cattels to the value of C. s. resid . of the 8. l. which lately of the goods and Chattels , Lands & Tenements of T.E. within named , I took , and thereupon sold to the value of xl . s. which xl . s. at the day and place within contained , ready I have to render to the within named C.D. as within to me is commanded . And the residue of the goods and Chattels aforesaid yet in my hands remain unsold for default of buyers .

Otherwise of the return of vendition Exponas . .

TO the Barons within written I certifie , that those C. sheep in this Writ specified to sale expose I could not , because that yet they remain in the hands of the within named R.N. lately Sheriff of the County of S. and never to me the aforesaid now Sheriff ; yet by the aforesaid lately Sheriff delivered were .

R.O. Esq. Sher.

Return of Fieri facias , wherein addition is given to the Defendant .

TO the Barons within written I certifie , that there are divers per sons in my County of the name and sirname of I K. viz. I.K. of B. I.K. of F. and I.K. of A. and that they are not contained in this Writ , of which aforesaid I.K. &c. his goods and Chattels the monies within specified to levy I know not , therefore to the execution of this Writ proceed I could not .

R.O. Esq. Sher.

Return of a Writ out of the Court of Wards and Liveries .

AFter the receit of this Writ , and before the return of the s ame , severall summes of moneys within written paid were by severall persons within named , to the receiver of our Lord the King of his Court of Wards and Liveries , therefore to the execution of this Writ proceed I could not , as within to me is commaned .

R.O. Esq. Sher.

The Return of a Significavit .

BY vertue of this Writ to me directed , I have taken the body of the within named A.B. whose body remaines in the prison of the Keepers of the Liberties of England , &c. of the Castle of Winch. under my safe custody untill to holy Church as well for the contempt as wrong to it don , by him shall be satisfied , as this Writ exacts and requires .

R.O. Esq. Sher.

The Return of a Signific . with Proclam .

THe within named A.B. is not found within my Shire , but by vertue of this Writ to me directed in my full County held at the Castle of Winch , in the County within written the 15 day of July the yeare within written , publickly to be proclaimed I caused , that the aforesaid A.B. within six dayes after that proclamation his body render in form within written , as that Writ exacts and requires .

R.O. Esq. Sher.

AN Inquisition , &c. who say upon their Oath , that W.F. in the seedule to the Writ a oresaid annexed named , is deceased ; but what day and year , or where , altogether they are ignorant of , and that W.M. also in the same scedule named , is resident in London , and I.S. is Commorant at B. in the County of W. and A.R. in the town and County of Southampt . without the County of Southampt . and the other per sons in the same scedule named , do so wander and remove up and down the County aforesaid ; that taken or arrested they cannot be . In tes timony of which , &c.

South . AN Inquisition , &c. who say on their Oath , that H.S. in the s cedule to this Writ annexed specific , no others or more Mannors has in the County afore said , besides and above the Manor , Lands and Tenements in the s cedule to the Writ aforesaid annexed specified , which extended , or into the hands of the Keepers of the Liberties of England , &c. seised may be . In testimony of which , &c.

South . AN Inquisition , &c. who say upon their Oath , that I.W. in the Writ aforesaid named , the day of the taking of this Inquisition , was poss es sed of a certain demise for the term of twenty years of one mess uage , &c. in A. in the County aforesaid , with the appurienances of the annuall value in all issues over and above the reprises of 4. l. which demise I the aforesaid Sheriff the day of the taking this inquis ition , took into the hands of the Keepers of the Liberties of England , &c. In te stimony of which , &c.

AN Inquisition , &c. who say on their Oath , that a certain day and yeare the late Earle of H. died and where , altogether they are ignorant of , and that he no goods hath , or Chattels in the County aforesaid , which taken and into the hands of the s aid Keepers extended may be . And further they say , that the aforesaid Earle of H. the day in which he died , was seised in his demesme as of see , of and in the Mannor of C. with the appurtenances of the clear annuall value in all issues , over and above the reprises of 25. l. which Mannor with the appurtenances before the comming of this Writ , I the aforesaid Sheriff by vertue of another Writ out of this Court issuing , and of the part of the Remembrance of the said Keepers of this Excheq . filed to be seised have cau sed into the hands of the said Keepers by extent aforesaid . In tes timony of which .

Otherwise .

THe Vicar . within written with the appurtetenances in the hands of the said Keepers , is the Sea of the Bishop . of Winchester , now being vacant .

Otherwise .

THat the Manors , Land & Tenements of the lately W. Lord of Ware , in the hands of the s aid Keepers are , because T.W. Knight , now Lord of Ware , son and heire of the aforesaid W. has not sued his livery out of the Court of the said Keepers , &c. In testimony of which , &c.

The Return of a Writ of Partition .

I R.O. Esq . Sher. of the County aforesaid , to the Justices in the Writ to this scedule annexed , spec. Certifie , That by vertue of this Writ in my proper person , the fifteenth day of J. the yeare , &c. I came to the Messuage in the writ afores aid , spec. and there by the oath of A. B , &c. ( to the number of twelve ) good and lawfull men of the County aforesaid , and of visne in the s ame Writ spec. ( having respect to the true value of the same me ssuage , the same messuage with the appurtenances in foure equall parts to be parted I caused , and one part of those parts , viz. &c. to be held to the same H.S. and his wife in the Writ aforesaid named in severally by metes and bounds in the right of the said I.E. Another part thence , viz. &c. to be held to I.C. and E. his wife in the Writ aforesaid named in severally in the right of the s aid E. and two other parts thence , viz. &c. to be held to the aforesaid I.C. in severally in his right proper . And I the aforesaid Sheriff , the day and yeare above said those to be delivered and a ssigned , have caused , as the same Writ exacts and requires .

R.O. Esq. Sher.

The manner and form how to keep a Court Leet , or a Law-day with all things thereunto appertaining as followeth . The third Book .

Altō West brake . First the Steward must make his precept to warn the Court thus .

I W. Gentleman Steward of R.T. Knight of his Mannor , or his hundred of A. to the Baily of the s●me Mannor greeting ; I command thee that diligently warn thou do●t the Court , with view of Frankpledge of the Mannor aforesaid , to be held the 20. day of October next following , about the hour of nine , before noone of the same day , at the place accustomed ; given under my s eal the twentieth day of September , the yeer , &c.

By me I.W. Steward there .

Then enter the Court.

SS. The view of Frankpledge , with the Court of T. Knight there held on Thurs day , viz. the twentieth day of October , the yeer , &c.

By I.W. Steward there .

Then cause the Bailiff to make three Proclamations , and say after the Steward thus .

All maner of persons which are Resiants or Dozoners , and owe suit Royal to this Court Leet or Law day , come in and do your suite , and answer to your names as you shall be called , every man at the first call , upon pain and peril that shall fall thereon .

Then call the free suitors and dozoners one after another thus :

L.G. Gent. come into the Court and do your suit and service , or else you will be amerced , and when you have called them , all those which made default , mark them over the head thus , Laurente G. is amerced two pence , and when all the free suiters be called , you must write thus , They are Freehorders of this mannor , and owe suit to this Court , and have made default , therefore every of them is amerced as it appears upon their heads .

Then the Steward must cause the Bailiffs to make three Proclamations , and then to say thus , And if any man will be Ess oined , let him come in and he shall be received , and all such persons as were Es soined the last Court , let them come now in and warrant their E ss oines , or else they will be amerced both for this Court , and al so for the last , that is , they must appear , and not be again Ess oined ; for if that be suffered , it will hinder the service ; And if any desire to be Es soined by their Tythingman or other ne●ghbour , then for the first Court they may be Essoined , and their Essoines must be entred as they are in the hundred Court in this book .

Then let the Bailiff say after the Steward , if any man will enter any plaints , let them come forth and they shall be heard .

Then if any come to have any plaints entred , then enter them as they are entred in the hundred Courts , and if need be , those declarations and pleadings will serve here .

Then call the Tythingman of every tything with his tything , and demand of him if his whole tything be there or no , and ask him what Law-day , or hundred silver he hath brought , this done , receive his money , and swear him thus .

The Tything-mans Oath .

YOu shall swear , that you shall make true inquiry , and the same present of all such Articles and things as shall be given you in charge , concerning the keepers of the Liberty of England , by the Authority of Parliament , and the Lord of this Leet or Law-day , wherein you shall no concealment make , you s hall spare nothing meet to be presented within your tything for love , favor , affection or corruption , neither shall you present any thing for malice , hatred or envy , but according as the truth of things have , may or shall come to your knowledge , by information or otherwise : So shall you make thereof a true presentment without concealment , So help you God , &c.

Then call the whole tything by name and swear them thus .

The same Oath which A.B. your thythingman hath on his part taken before you and every of you , you shall for your parts observe , perform , and keep in every Article and thing which shall be given you in charge at the Leet , so help yee God and the contents of this Book .

Then call the Constables of the hundred if there be any there , and swear them thus :

You shall swear , that you shall make due inquiry , and the s ame present of all such Articles and things as shall be given you in charge , and of all and every such thing and things , which are , shall , or may come to your knowledge m●et to be presented at this Court concerning your office , wherein you shall spare no man for love , fear , favor , affection , or corruption , neither shall you present any man for malice , hatred , or envy , so shall you make both a j●st and a true pres entment thereof without concealment , So help you God ; and the contents of this Book .

In like manner you shall swear Ale-tasters , Heywards , and other officers , if any such be answerable , or ought to appear there according to their particular offices .

Then call to the Bailiff for the names of the Jury , and bid him return them in writing , whereof must be twenty four , which return made and delivered , bid the Bailiff make an O-yes and say after you thus :

You good men that be returned to inquire for the keepers of the Liberty of England , by Authority of Parliament , and the Lord of this Leet or Law-day , answer to your names , as you shall be called , every man at the first call , upon pain of amerciament .

Then call the Jurors s everally by name as they be returned , and prick them openly which appear , and none els e , and when fourteen or fifteen , or more have appeared , then call the foreman to the Book , and swear him thus :

The foremans Oath .

YOu shall duly inquire , and true presentment make of all such Articles and things as shall be given you in charge , the keepers of the Liberty of England , by Authority of Parliament councel , your fellows , and your own you shall well and truly keep , and not disclo se the same , but here in Court you shall present the truth , and nothing but the truth , so help ye God and the contents of this Book ; and then let him kiss the Book to affirm his Oath .

Then call the rest of the Jury by three or four at once , and swear them thus :

Also such oath as A.B. your foreman hath taken before you on his part , you and every one of you s hall well and truly observe and keep on your part , so God yee help , and the contents of this Book .

And note that the Steward may impannel any stranger , if there want to make twelve of the Jury , because it is for the service of the keepers of the Liberty of England by Authority of Parliament for a presentment made by fewer then by twelve is traversable .

Jo. Doe . Jur. Ri. Roe . Jur. Jo. Den. Jur. Wil. Fen. Jur. Wal. Neate . Jur. Jo. Feate . Jur. Jo. Hye . Jur. Jo. Pye . Jur. J. Miles . Jur. Th. Giles . Jur. Ri. Cooke Jur. and Th. Snooke . Jur.

Then count them .

This done , then command the Bailiff to make Proclamation , and say thus after the Steward : You good men that are impannelled to inquire for the keepers of the Liberty of England by Authority of Parliament , and for the Lord of this Leet or Law-day , draw neer and hear your charge , and the Court commandeth all others to keep silence whilest the charge is given , upon pain of imprisonment .

An exhortation to the Jury before the charge .

MY masters you that be sworn , before I enter to give you your charge , I shall exhort you in the fear of God , first of all to remember your duties to Almighty God , next to the keepers of the Liberty of England , by Authority of Parliament , and la stly to the Lord of this Leet or Law-day , and therein to have a special regard for the good of the Commonwealth , here within the precinct of the Leet or Law - day . God delivered to his servant Moses in the Mount Sinai ten Laws or Commandments , which are divided into two tables , the four first which are the first table , do teach us our duties to God , the other six which are the second table , do teach us our duties one towards another : as the body of man is subject to many sicknesses and diseases , so the Common-wealth is subject to many mischiefs and inconveniences , and as the one is often curable by physick , so the other is to be redressed and reformed by the due execution of Laws which are as the sinews of the Commonwealth , to keep it in good order , and the execution of the Law is the life of the Law , otherwise it is but as a dead thing , and therefore good Rulers and Magis trates are said to be as fostering fathers and mothers to the Commonwealth , as well as natural parents are to their own children , and the people that honor their Governors , the child that honoreth his parents , and the servant that honoreth his or her master or mistris , ought to honor them of duty in singleness of heart , and not for fear of puni shment , or hope of reward .

England long since was divided into Counties , and so into Hundreds , Ridings , Lathes , Leets , and Wapentakes , which are all one in effect , though they differ in name according to the cus tome of every Country . And there is no man living within this Nation , but he is resident and abiding within the precinct of some one of these and there he ought to appear twice every yeer , if he be not otherwise priviledged by his place or office , and if any wrong be done unto any man under the value of forty shillings , there he ought to have redress , and not elswhere . Then these Laws were afterwards confirmed by the Statute of Mar●ebridge ca. 38. before the making of which Statute , a Lord of a Leet or Law day might have kept as many Leets or Law-days in a yeer as he would , and as few . But by that Statute men were limited and appointed to keep but two every yeer , viz. one within a moneth of Easter , and the other within a moneth of Michaelmas . And afterwards becau s e men were of sundry opinions , what things were inquirable at Leets or Law - days , and what were not , there was another Statute Law made in the seventeenth yeer of E. 2. by which it appeareth what things are inquirable at a Leer or Law-day , and what are not ; and sithence that time there have been divers other Statutes made , whereby divers other Articles are inquirable at Leets or Law - days , which before the making of the Statutes were not . Now therefore considering that these Leets or Law-dayes were first ordained for the causes already delivered by me unto you , con s idering also , that the redress of all wrongs , and the punishment of all offendors here within the precinct of this Leet or Law-day resteth in you who are here especially elected , sworn and put in trust as the most meetest , and worthiest men within the precinct of this Court for that s ervice , it therefore behooveth you to have a special regard to your oathes therein that you may the better perform the trust which is reposed in you , for now it is your parts and duties to try right from wrong , and truth from falshood , and to punish off●ndors , and to defend the innocent . The Prophet 〈…〉 teacheth you a good lesson , and that is this , 〈◊〉 his saith he , in veritate , in judic & in Justicia & amovere morem & ●merem odium & spem , that is , you must s wear in truth , judgement and justice , not regarding the substance , authority or power of a rich man , nor the imbecility or poverty of a poor man , but rather you must follow the rule of that wise Phylosopher Plato , who saith thus , That Justumest judicium ubi non persona sed opera cons iderant . that is a right wise judgement , where the person of a man is not regarded , but his offence ; Et ex co●dibus v● stris omnent affectionem expellite , & memores estore quantas minas deus in stituit pro Juramenti violat . You must if you would do as you ought to do , remove all affection out of your mindes , and call to remembrance what threatnings God hath laid upon such as have violated their oaths , for it is written in the 14. Chap. of Leviticus , thus , Qui bla sphemat nomen Dom. morte morietur , that is , he that blasphemeth the name of God shal die the death ; and in the fifth Cha●ter of the Acts of the Apostles , it was s aid to Ananias and Saph●ra , Non vives qui locutus es mendac & confe stim occisi fue●unt pro men●●c in vendend . Agr. that is , it was told them that they should not live any longer because they have dealt deceitfully , and made a lie to colour their deceit in selling of a field , and they were presently slain for it : if God did then so punish them for making of a lie , which thing is so common now a dayes , what will he do ●o them which do not stick to lie and wilfully fo rs wear thems elves ? therefore it behoves us to beware and to learn to be warned by other mens harms , lest we fall into the like judgement of God our s elves . In doing well , and performing your duties in this service which you are to take in hand , you shall not only plea se God therein greatly , and do the Keepers of the Liberty of England , by Authority of Parliament , and the Lord of this Leet good service ; but you shall also do good to your selves and to your posterities , and therein cause the Commonwealth to slorish and increase in godliness and piety ; but on the contrary part if you shall be remiss and careless in doing of your duties , therein you shall not only offend God very greatly , and incurr the danger of the Laws of England , but you shall also embolden and incourage wicked and lew'd persons to continue still in their own wickedne s s , and to go forward à mal● adpejus , and so to draw one sin upon s in , as it were with cartropes , to their utter ruine and des trection . And I would have you to know , that if I find you careless and negligent in this s ervice , I may then by the law impannel another Jury to inquire of your concealements , the which if they shall finde , then may I set such fines upon you as I shall think fit , according to the quality of your offence . But I hope that you will give me no such occasion , but rather that you will duly and truly inquire of and present all such things as I shall give you in charge .

And so I will here cease to trouble you any further by way of exhortaion , and proceed as God shall inable me and your patience to the particulars of your charge .

Your charge will be somewhat long and tedious , and standeth upon many parts , but I will make it as short as I can , and reduce it into five chief heads o● parts , viz. Petty Treasons . Felonies by Statute Law . Felonies by the Common Law . Offences upon divers Statutes . Laws and common annoizances .

And so of these in their order .

Petty Treason .

It is petty Treason for a woman to kill her husband , or a Clerke his Ordinary , and the punishment for these offences , is death , and loss of lands and goods .

Misprision of Treason .

Next to this is mis prision of Treason , and that is , when any one knows of the Treason aforesaid , or any of them , and concealeth it twenty four hours , after knowledge thereof had , the punishment for this offence is loss of goods and chattels for ever , and of lands during life and perpetual imprisonment .

Felonies by Statute Law , Rape .

18. E. 2. & 1. H. 7. Next you shall inquire of Felonies by Statute Law , and therein first of Rapes , and that is if any man have ravished , or had carnal knowledge of any womans body against her will , or hath stolne or carried away any widow or maide against their wils , and their friends , though it was done to the intent to marry them , yet it is felony , and the offendor therein shall suffer death , and lose his lands and goods for it .

Hunters by night .

1. H. 7. Next you shall enquire of hunters by night , in any forrest , park , chase , or warren , with vi sards disguised , to the intent not to be known , if they be apprehended and deny it afore a Justice of Peace upon their examination , it is felony , but if they confess it , it is then but a trespas s , and so finable .

Defacers of a mans Phisnomy .

Next you shall inquire if any man or woman hath defaced anothers phisnomy in putting wilfully his or her eyes out , or cutting out of his or her tongue , either of both , is felony , and the offender shall suffer death , and lose lands and goods , 5. H. 7.

Servants imbesselling their masters goods .

Also you shall inquire of servants which have imbesselled their masters or their mistresses goods , being put in trust therewith , if it amount to xl . s. and upwards , it is fellony . 21. H. ca. 7. and the offenders shall suffer death in this case , and lose lands and goods .

Witches and Sorcerers .

Also ye shall inquire of Witches and Sorcerers , for if any of them have killed or destroyed any man , woman , or child , with Witchcraft or Sorcery , it is in them felony , and the offendor shall lo se both his lands and goods for it , 5. El.

Rebellions .

1. & . 5. Eli. Also you shall inquire of Rebellions , Riots , Routs , and unlawful ass emblies , and that is where persons to the number of twelve or upwards , do with sorce unlawfully go about to alter Laws made by Act of Parliament , or any other Laws of this Nation , and being requ●●ed by the Keepers of the Liberty of England , by Authority of Parliament Officers , upon Proclamation to return to their dewllings , and yet do remain together by the space of one hour after such Proclamation made , or after do attempt the like thing , it is selony , 1. ●uz . And so it is where any such number have assembl●d themselves together to break , or digg up , or cast down any p●●es , hedges , ditches , or other inclosures , or to pul● up any pondheads . conduits , or pipes , to the intent to kill or destroy any Deer in any Park , Conies in any W●●ren or Fish in any Fish-ponds , or have fired my dwelling house , or any barn , wherein any Corn was said , or any ●ick of Corn , or ring any Bell. sound any Tru●p●t , o● D●u●● , winde any Horn fire any Beacon , or speak any Rebellious words , or bring or send any money , vict●al , harne ss , or weapon to any such rebellious persons , is felony , and the offenders herein shall suffer death , and lose lands and goods . Also there are concealers of the se offe●●es , the which if they conceal four and twenty hours , they are to have nine moneths impris onment , without baile or mainprise ; and Farmers and Copiholders ought to lose their Farms and Copiholds if they refuse to go to suppress such rebellion as is afore said .

Felonies by the Common Law .

Next , you shall inquire of felonies by the Common Law , and that is where any doth st●al to the value of twelve pence or upwards , or doth steal any marked Swans , or their signet , or their eggs , or ●ame Deer , or rob Churches , Chappels , Pigeon-houses , or dwelling-houses , or any upon the high way , though he take but the worth of a penny from him , it is felony , and the offendor shall die for it , and lo se his lands and goods , and so shall their accessary .

Petty Larceny .

18. Ed. 2. Also you shall inquire of Petty Larceny , and those be such as steal pigs , geese , hens , chickins , corn out of fields , clothes from hedges , or out of windows , rob orchards , or go in theeves messages : the offendors herein are to have corporal puni shment , and so their accessaries : but they forfeit their goods if they have any .

Now I must tell you that all those offences which I have already spoken of unto you , are but onely to be here inquired of and presented , but not here punis hed , but they are to be punished by the Justices of the shire upon certificate made thereof by the Steward of a Leet or Law day .

But now follow the offences which are both here to be inquired of , presented , and punished .

Affraies and blood-sheds .

And therefore because man is the worthyest creature that God made , I will first begin to put you in remembrance of the Law made for his safety and preservation . You shall therefore first inquire if any man within your inquiry have broken the peace , or made any affray or bloodshed : if any have offended herein , you must present him or them , and the manner of it , with what weapon , for that it is forfeit to the Lord of this Leet , and the offendor or offendors are to be fined for such offence .

Hue and Cry .

Next you shall inquire whether hue and cry after theeves and robbers have been duely pursued and followed as they ought to have been or no ; if not , then you must present him or them which made default therein , for he forfeits five pound .

Constables and Tythingmen to punish Rogues .

Also you shall inquire how Constables and Thythingmen have executed their offices in punishing of rogues , vagabonds , and sturdy beggers which have come within their charge ; for if they have been remiss therein , then they ought to lose twenty shillings for every default . No man or woman may be suffered to beg by the Law nor no man or woman may give any almes , upon pain of ten shillings for every time they give .

Who are said to be Rogues .

These persons by particular are said to be by the statute rogues , viz. Procters of Spittlehouses , Parent - gatherers , or Collectors for Gaoles , prisons , or Hospitals , Fencers , Bearwards , common Plaiers of enterludes , Minstriles wandring abroad , Glass-men , Saylers , Souldiers , Schollers , and all other idle persons which go about begging .

Stocks in every Tything .

Also for the punishment of these offendors , you shall inquire if there be in every tything a paire of stocks , according as there ought to be by the statute or no : if there be not , then the tything do lose five pound .

Artillery to be maintained .

33. H. 8. cap. 9. Al so you shall inquire whether every one have Bow and Arrows according to the Statute , or no ; for every man-child from seven yeers old to seventeen ought to have a Bow and two Arrows , and every man from s eventeen to threescore ought to have a bow and four Arrows , upon pain of six shillings eight pence for every default ; and parents ought to provide them for their children , and masters for their servants with their wages , or else they ought to undergo the penalty thereof .

Buts in every Tything .

33. H. 8. And also for the exercise of Archers in shooting at times convenient , there ought to be Buts made in every Tything , Village , and Hamlet , or els e the Tything , Village , or hamlet ought to lose twenty shillings for every three moneths wanting Buts there .

Playes or Games .

33. H. 8. Also you shall inquire if any Alehouse-keeper or other person do keep any unlawful games in his or their house or houses or elsewhere , as cards , dice , tables , loggets , quoits , bowles , or such like , in this case the house - keeper loseth for every day fourty shillings , and every player six s hillings eight pence for every time .

Also Constables ought to search monethly for such unlawful ga●●es and disorders in Ale-houses upon pain of fourty shillings , and they may arrest such as they find playing at unlawful games , and commit them to ward untill they put in sureties not to play any more at any unlawful game .

No man may play at any unlawful game insatiably , unless he can d● spend a hundred pound per annum in lands , fees , or offices , for life , at the least : and he may not play neither in any open place where every one that will may see him , but in his house , ●or in his Orchard or Garden upon pain of six shillings eight pence for every time , except in the Christmas time ; for then all men may play . 33. H. 8.

Shooting in Guns .

33. H. 2. cap. 6. Next you shall enquire of such as shoot in hand-guns , or cross-bows ; for no man may shoot in them unle ss he can dispend a hundred pound per annum in lands , tenements , offices , annuities , or fees , neither may those shoot at any Phesant , Partridge , Herne , Duck , Mallard , House-dove , Pigeon , Wigeon , Teal , or Heath-cock , upon pain of ten pound for every s hoot .

Also by another Law made 1. Jac. Reg. he that shoots in a Gun , Cro ss-bow , or long-bow at any of the fowles aforesaid , or at any Hare or Deer , and cannot dispend ten pound yeerly in lands , nor is worth two hundred pound in goods , s hall forfeit twenty shillings for every shoot , which shall be to the use of the poor of the Parish where such offence is committed , if the same be either confe ssed or proved by two witnesses , or else if the offendor be not able to pay the said penalty , or will not , then he must have three moneths imprisonment without baile or mainprise . But if such offender can dispend ten pound per ann . or more , then he shall forfeit fourty shillings to the use afore said , and find sufficient sureties that he shall offend therein no more .

But by the same law all such as have plackards or licences , may kill Crows , Rooks , Choghes , Pyes , Ieyes , Ring-doves , and other small birds for Hawks meat only , with a gun , or otherwise .

Next you shall inquire whether your high wayes be sufficiently amended and made pas sable , as they ought to be or no , for to that end and purpose there ought to be two Supervisors chosen in every Parish , between Easter and Midsomer by the Con stables and Churchwardens , and there ought to be six dayes appointed for amending of the high wayes , eight hours every day , upon pain of twenty shillings to be lost by the Supervisors . And every one that hath a cart ought to send two able men with it , with tooles fit for that s ervice , or else to lose ten shillings for every day wanting , and every hou sholder ought to find an able man for that service , or else to lose twelve pence for every day wanting . And they ought most chiefly to amend the wayes leading to market Towns , and they may gather stones in any mans ground , and also digg pits of ten yards square in any mans several for stones and rubbish ( if it be needful ) filling the same up again , without danger of Law . And they must turn springs , if they can out of the high wayes ; and trees and hedges which hang over the publike high wayes , must be cut and shreded upon pain of ten s hillings for every default .

Purprestures and Assarts .

18. E. 2. Next you shall inquire of Purprestures and Assarts , and that is where any Wall , Hedge , Ditch , or House is set , levyed , or abated in the publike high way , or any watercourse stooped or turned into the high way to hinder the pa ssage of the weal publike , or any way annoy them .

Bonds and markes .

Also you shall inquire whether any mear stones or stakes , bonds or markes , between this Lordship and any other , or between tenant and tenant , hath been removed since the last law day , or before , and not set in the usual place again , if there be any which have offended herein , you must present them .

High-wayes or foot-steps stopped up .

Also if any high wayes or foot pathes to Church , Mill , or Market be stopped or hedged up , which have been accustomed to lie open , you must present him or them which shut it up , for the people of the Common-wealth must not be stopped of his lawful passage to Church , mill , or market .

Common Bridges broken .

Also if any common Bridges over Common Streams be broken , that by reason thereof the people of the Commonwealth cannot pass about their affaires and businesses , you must present those which ought to make them , upon a pain .

Common pounds broken .

And also if common pounds be broken so that they will hold no distress that is brought to them untill they be delivered thence by order of Law , you must present those which ought to make such pounds , upon a pain .

Sleepers by day , and walkers by night .

Also you shall inquire of Sleepers by day , and walkers by night , to steal and purloin other mens goods and Conies out of Warrens , Fish out of mens several ponds or Waters , Hens from Henrous e , or any other thing whatsoever , for they are ill members in a Common-wealth , and deserve punishment , therefore if you know any such pres ent them .

Eves-droppers .

Al so you shall inquire of Eves-droppers , and those are such as by night stand or lye harkening under wa●s or windows of other mens , to hear what is said in another mans house , to the end to set debate and dissention between neighbors , which is a very ill office , therefore if you know any such , present them .

Forestallers , Regraters , and Ingrossers .

Also you shall inquire of Forestallers , Regraters , and Ingrossers , evil members in a Commonwealth .

A Forestaller is he which buyeth or causeth to be bought any victuals whatsoever going to any Faire or Market to be sold , and maketh any bargain for the buying thereof before the same be brought into the Faire or Market , or doth make any motion for the inhancing of the price of any victuals , or doth move or perswade any person comming to the Faire or Market with victuals , to absent and forbear his comming hicher with any victual to be sold there .

Regrator is he that getteth into his hands in any Faire or Market , any Corn , Tallow , or Candles , or any dead victual what s oever , brought to any Faire or Market to be sold , and doth sell the s ame again in any Faire or Market , within four miles next adjoyning thereunto .

An Ingrosser is he or she that doth ingross and get into his or her hands , by buying or promise taken , other then by demise , grant , or lease , of bond or bill , of Corn growing in the Fields , or any other Corn , Grain , Butter , Cheese , Fish , or any other dead victual what soever to the intent to sell the same again for profit .

Their punishment . For the first offence they ought to have two moneths imprisonment , without baile or mainprise , and forfeit the value of the goods bought and sold .

For the second offence they ought to have half a yeers imprisonment , and to forfeit double the value of the goods bought and sold .

And for the third offence they ought to be set upon the Pillory , and to lose all their goods and chattels , and be impris oned during the Keepers of the Liberty of England by Authority of Parliaments pleasure .

Cattel sold with in five weeks .

Also you shall inquire of such as use to buy Cattel and to sell them again within five weeks , they ought to lose double the value of their Cattel .

Of Butchers .

No Butcher ought to sell in any open Faire or Market , any other victual then that which is good and wholesome for mans body , and for reasonable gaines , and not at excessive prices .

Shoomakers .

5. Eliz. They ought to make their Shooes , and Boots of good and well tanned Leather , and well licoured , curried and sowed , to keep men dry of their leggs and feet .

Tanners .

Also you shall inquire of Tanners that have used the occupation of a Cordwainer , or a Currier , or that hath put any Leather to sale , but red Leather as it came from the Tan-sat , or that hath put any Hide or peece of Leather to sale , before it be well dryed , marked , and sorted , and then sold in open market , or that hath tanned any sheep skins .

Glovers .

Also you shall inquire , whether Glovers , or white Tawers of Leather , do make any other ware , than that which is good and substantiall , well tawed and dryed , and not rotten nor tainted , and sell the same at reasonable prices . And a White Tawer may taw no Calfe skins except they be put to him to be tanned , upon pain to loose for every Calf skin twenty pence .

Bakers .

Also you shall inquire whether the bakers do their duties or not , in making of good and wholesome bread for mans body , of sweet corn , and not corrupted , and that they make their bread in weight , according to the price of wheat , in three markets next adjoyning , not changing the as sise of bread , but by six pence in weight in increasing or abating , and if they do the contrary , and be thereof duly convicted , then for the first , second , and third time they shall be amerced after the quantity of their fault , and shall lose from time to time their bread so found too light in weight , but if they shall be found faulty herein the fourth time , then they must be set upon the pillory in open Market , whose punishment may not be released for gold or silver .

Also a Baker must set his own proper mark jupon every loafe of bread that he maketh and selleth , to the end that if any bread be faulty in weight , it may be then known in whom the fault is .

Brewers .

5. H. 3.58 . E. 3. Also you shall inquire of Brewers , and Tiplers , whether they make good and wholsome Ale and Beer for mans body , or not , and s ell and utter the same according to the Laws and Statutes of this Nation . And also they ought not to put out their sign or Ale-stake untill their Ale be asseyed by the Ale-tas ter , and then to sell , and not before .

Fishers .

25. H. 8. ca. 7.31 . H. 8. ca. 2. Also you shall inquire of Fishers , whether they do their duties or no , in bringing to the Market such Fi●h as good and wholso me for mans body , and not corrup● to or stinking , and there sell the s ame at reasonable prices , without taking of any excessive gaines , but onely for every twelve-pence bestowing , one penny cleer gaines over and besides their charges , and if any Fisher shall do the contrary , then he shall be grievously amerced from time to time , and his Fish if it be corrupt and stinking to be taken from him and openly burned in the Market .

Also no person may kill or destroy any yong Fry of Fish , in what soever River , fresh or salt ; nor kill or take any Salmon or Trout , or any Pike or Pickeril , not being in length ten inches of cleer Fis h or more , nor any Barbel except he be twelve inches long in cleer fish or more , upon pain of twenty shillings for every fish so taken and killed being not of the several lengths aforesaid .

Also no man ought to fish with any Net or Engine , angling only excepted , but with such Net or Trannel as every meash shall be two inches and a halfe wide , except Nets onely to take Loches , Mennas , Butheads , Gudgions , Eeles , and none other Fish , upon pain of twenty shillings for every time offending , and loss of the fish and the unlawful Net .

Conspiracy of victualers .

Al so you shall inquire of the conspiracy of Victualers , and that is where any Butcher , Baker , Brewer , Poulter , or Cook , shall or do cons pire , promise , or make oath , that they will not sell their victuals but at certain prices , or if any artifieers , or labourers do con spire , promise , or covenant likewise not to do the work which others have begun , or will do but certain work in a day , or will not work but at certain hours and times , then every such person so cons piring , promising , swearing , and offending , being thereof lawfully convicted , shall forfeit for the first offence ten pound , if he have it to pay , then he must pay it within six dayes after his conviction , or else he is to have twenty dayes imprisonment , and have onely bread and water for his sustenance , and for the second offence twenty pound to be paid as is aforesaid , or else to suffer punishment on the Pillory , and for the third offence , he shall lose fourty pound to be paid as is afore said , or else to be set upon the Pillory , and lose one of his cars , and ever after to be taken as an infamous person . 2. E. 6. And if such conspiracy shall happen to be made by any Company or Corporation , they s hall lose their Corporation , besides the penalty and the particular punis hment aforesaid .

False Waights and double Measures .

5● . E. 3. Also if any within your inquiry , shall use any false Waights or double measures in deceiving of the Commonwealth , in buying with a great measure , and in s elling with a less , the offender thereof therein shall be grievously punis hed and imprisoned untill he hath made fine with the Keepers of the Liberty of England , by Authority of Parliament for his offence .

No man ought to sell any corn , ale , bread , or wine , but by a measure sealed with this letter H. upon pain of forfeiture for the first offence six shillings eight pence ; for the second offence thirteen shillings four pence , and for the third offence , twenty s hillings and to be set on the Pillory , to the example of others ; and the measure not sealed to be broken , all which forfeitures are to the Lord of the Liberty where such offence is committed , and if it be in a City , or Borough , then it is to the Maior and Commonalty .

1. Jacob. Also you shall inquire of such as use to trace Hares in the snow , or to kill Hares with harepipes , or other egines , by an old Law they forfeit six s hillings eight pence for every Hare so killed , but by a latter Law made in the first yeer of the late King James , twenty shillings

No Lay man may lawfully keep any Greyhound , or Hunting Dog , Ferits , or Nets , unless he can dispend forty shillings per annum , Freehold , nor no spiritual man unless he can dispend ten pound per annum , of spiritual promotion , upon pain of a yeers imprisonment .

Crow net .

5. Eliz. Next you shall inquire if there be in every Paris h and Tything within your inquiry a Crow net , provided to kill and destroy Crows , Rooks , and Choughes , according to the Statute , or no , if there be not , they ought to lose ten shillings for every default , and it is not enough to have one , but it must be used , and scrapes made in the winter to that purpose , upon the like pain , but house-doves and pigeons may not in any case be taken with it . 5. Jacob.

Apparel .

24. H. 8. And you shall inquire of such as exceed in apparel contrary to the Statute , for no man except he may dispend twenty pound yeerly in lands for his life at the leas t , or is worth two hundred pounds in goods , ought to wear any silk on his hat , hose , shoes , girdle , scabberd or spurleathers , upon pain for every dayes wearing of it ten pound , and three moneths imprisonment ; and if any man know his servant to offend herein , and do not put him away , and not take him again within a yeer after , doth forfeit a hundred pound for every such offence by the same Statute , and the se persons onely are accepted out of the Statute , viz. The Councel of State , the Barons of the Exchequer , Judges of the Law , Serjants at Law , Maiors and Recorders of Cities and Towns corporate , and their wives .

Refuse to go to muster .

Also you shall inquire if any have refu sed to go to Musters , if there be any such they ought to lose forty s hilings , and to have ten dayes imprisonment .

Al so no man ought to water any Hempe or Flax in any runing stream , upon pain of twenty shillings .

Drunkards .

● . Iacob . Also you shall inquire of Drunkards , for they ought to be presented , and to pay if they be able for every time they be drunk five shillings to the use of the poor of the Parish where the offence is committed , if not able , then after con viction thereof , they ought to sit six hours in the Stockes .

● . Iacob . Also an Alehouse-keeper ought to lose twenty shillings for every pot they sell that is not a full quart , and ten s hillings for suffering any Towne sman to sit drinking in their houses , except he be brought thither by a stranger , and then he may not stay there above one hour .

And Brewers by the same Law ought to lose for every barrel of Beer or Ale six shillings eight pence , which they lay into any mans seller to be sold there by retaile by any that is not licened to sell Ale or Beer .

Waifes , s traies , and felons goods .

18. E. 2. Also you shall inquire of waises , strayes , and felons goods . Waifes are Cattel stoln and waved out of the possession of him that stole them , and straies are Cattel strayed out of their haunt , and they ought to be seised upon to the Lords use , and to be wreathed and put into an open place , and not in a covert , to the end the owner may have the view of them , and they must be cryed at three Market Towns next adjoyning to the place where they are s trayed , and if they be not challenged within a yeer and a day , then they belong to the Lord o● the soile where they are , by the Law , otherwife not .

Which is all manner of felons goods which may presently after the felony is known to be committed , be seised upon , but not take away but left with the township , for the felon must have his finding out of it so long as he lives unconvicted or attainted , but when he is convicted or attained , his goods then properly belong to the Lord of the Leet , if he have words for it in his Charter , otherwise they belong to the keepe●s of the Liberty of Englandby Authority of Parliament .

Treasure trove .

Also you shall inquire of Treasure troues , either upon the ground , or within the ground , for if any hath been found within the jurisdiction of this Court , it belongs to the Lord of this Leet or Law day .

Mortmain .

Also you shall inquire if any man hath given any lands in Mortmain , that is , to any Religious house , or Religious person , or to any Corporation , Guild , or fraternity , without licence , such guift is void , and the Lord may enter by way of Escheat .

Also you shall inquire if the pains laid at the last Leet or Law-day be performed or no , if not , then you must pres ent them that have made default , and then those pains must be read to the Jury .

And to conclude , if there shall any other thing come to your knowledge meet to be presented , and by any omitted to be given in charge , you shall as well inquire thereof , and present it as the re s t.

Then cause the Bailiff to make three Proclamations , and say thus : If any man can inform the Stew●●d of this Leet , or his inquest of any petty Treason , Felony , petty Larceny breach of Peac● , or of any other matter or thing now given in charg● , 〈◊〉 them come forth and they shall be heard .

And if any do come in , then swear them thu● : that the evidence which they shall give , shall be the truth , and the whole truth , and nothing but the truth , so God them help , and the contents of this Book , then adjorn the Court till after dinner .

Then at your return from dinner , call all the Tythingmen and take their presentments .

And then that done , take the pres entments of the Jury , if they be ready with them , or else give them a day to bring in their presentments , and then commonly is the best service done .

Then swear all the officers to their several offices that are then and there to be s worn .

Then adjorn the Court untill the day given to the Jury to bring in their presentments , but if they have no day given them , you may discharge the Court by Proclamation thus , viz. according as other Courts are discharged .

Then at the day when the Jury delivers in their presentments , you must first call them by their names to see if all be there or no , and then aske them if they be agreed of their pres entments , if they say they be , then receive their presentments in writing in English , under their hands , for the Stewards warrant .

Petty Treason .

IN primis , The Jurors aforesaid , say and present on their Oath , that R.S. of A. Gentleman , at A. within the jurisdiction of this Court , as a felon of the Commonwealth , one hundred peeces of gold , and three hundred groates falsly and feloniou sly coyned , and made , letters patents of , &c. thence first not obtained , against the peace publike , and against the form of the Statute in such case put forth and provided .

Felony for burning a house .

Also they present that a certain T.D. Yeoman such a day , &c. at I. within the jurisdiction of this Court , by force and armes , &c. voluntarily and feloniously of his malice fore-thought , the house of a certain I.S. burnt against the peace publick , therefore is it commanded the Bailiff to seize all his lands , tenements , goods and chattels , that he may answer them to the Lord of the Mannor .

Felon .

Al so they present that W.P. of I. aforesaid laborer , such day , &c. at A. within the jurisdiction of this Court , by force and armes , &c. and against the peace publike , the close of a certain A. B.at I. aforesaid , broke and entered , and one s uite of s atten of black colour , of the goods and chattels of the aforesaid A. then and there found , feloniously took and carryed away , therefore is it commanded to the bailiff to seise , as above .

Accessary .

Also they present that W.S. of I. aforesaid Yeoman within the jurisdiction of this Court , councelled , instigated procured , comforted , and abetted a certain H.W. &c. one Cow of black colour of the price of thirty shillings , of the goods and chattels of a certain E. F. then and there found feloniously to steal , take , and lead away , and the foresaid L. by force of the said councel , in stigation , procurement , comfort , and abetting of the afore said W.S. the aforesaid Cow such day , &c. yeer , &c. feloniously stole , took , and led away .

Rape .

Al so they present that A.B. of I. Yeoman , such daye , &c. at I. within the jurisdiction of this Court , the close and house of a certain C.B. broke and entered , and upon a certain K. C.the daughter , &c. in the peace of God , and the Commonwealth being ass ault made , and her by force and armes then and there against her will ravished , and her carnally knew , against the peace , &c.

Felony .

Al so they present that A.B. of I. aforesaid , Yeoman such day , &c. at I. within the jurisdiction of this Court , about the hour of nine in the night of the same day , the house and mansion of a certain C.D. as a felon of the Commonwealth , broke and entered , with the intention to spoile the aforesaid C.D. and six Angels of gold , of the goods and chattels of the aforesaid C.D. then and there in a certain chest being feloniously took and carried away , against the peace , &c.

Robbery .

Also they present that E.F. of I. aforesaid laborer such day , & c. at I. within the jurisdiction of this Court , by force and armes , and against the peace , &c. upon a certain T. B.at , &c. within the jurisdiction of this Court , in the high way , there in the peace of God , and the Commonwealth , being assault made , and him T.B. then and there spoiled , and sixteen s hillings , and one Angel of gold , of the goods and chattels of the aforesaid T. B.in a certain his purse , then and there being from the person of him T. B.feloniously took and carried away , against the peace , &c.

Hutes s.

Also they present , that the aforesaid T.B. being spoiled rai sed a great hiew and cry , and the aforesaid E.F. as a felon of the Commonwealth , the said day and yeer , from the aforesaid place where so spoiled he was , freshly pur sued , as far as the aforesaid town of , &c. and that no inhabitant there the aforesaid felon upon the hiew afore said followed , and so the aforesaid felon escaped in contempt of the keepers of the Liberty of England , and against the form of the Statute of Winchest. in such like case put forth and provided , therefore the aforesaid town of , &c. is amerced , &c.

Flight he made .

Also they present that E.L. of I. aforesaid Yeoman such day and yeer , &c. at I. within the jurisdiction of this Court , a certain gelding of black colour of the price , &c. of the goods and chattels of a certain A.B. in the common field there being feloniously s tole , took and lead away , therefore is it commanded to the baily to seise two cows of the goods and chattels of the aforesaid E.L. as an e s cheat , and to the Lord forfeit , and that safely they be kept to the use of the Lord , or thus , if it be for the Commonwealth , to the use of the Commowealth .

Es cape .

Also they present , that when a certain B. R. of I. aforesaid Yeoman , taken was , and arested , for suspition of a certain felony , and in the stocks put , a certain I. F. of I. aforesaid laborer such day and yeer , &c. at I. aforesaid , the afore said stocks by force and armes , feloniously broke , and the foresaid B.R. then and there to escape , and at large go permitted , against the peace , Therefore is it commanded to the baily as before , &c.

Felony in rescuous .

Also they present , that T.I. of I. afore said , within the jurisdiction of this Court one Calf of the price , &c. of the goods and chattels of a certain I.B. then and there found , feloniously took and carried away , and that W.O. baily of the mannor aforesaid such day and yeer , &c. at I. aforesaid , the afore said T.I. for suspition of the selony aforesaid arresied , and that W.F. of I. laborer by force and and armes , &c. at I. aforesaid , the said day and yeer , upon the afores aid W.O. in the peace of God and the Commonwealth , being as sault made , and the afores aid T. I. in the custody of the afore said W. then and there feloniou sly took , got away , and res cued , and at large to go permitted , against the peace , &c. therefore to the baily commanded is , as above , &c.

Felon of a Dovehouse .

Also they present that A.B. of I. aforesaid , Yeoman such day and yeer , &c. at I. within the jurisdiction of this Court , about the hour of one in the night of the same day , a certain Dove-house of a certain , &c. broke and entered , and fourty Pige●ns of the price of , &c. of the goods and chattels , &c. feloniously took and carried away against the peace , &c. therefore , &c.

Felon of a Doe Dome stick .

Also they present that I.W. of I. aforesaid gentleman , such day and yeer , &c. at I. within the jurisdiction of this Court , a certain Doe Domestick , and bearing a caperane about her neck , of the price of , &c. of the goods and chattels of a certain , & c. then and there found feloniously took and carryed away against the peace , and therefore commanded is it to the bailiff , &c. as above .

Felon of a trunck broken .

Also they present that I.L. of I. aforesaid Yeoman such day , & c. at I. aforesaid , within the jurisdiction of this Court , about the first hour of the night of the same day , a certain trunck of a certa●● , &c. broke , and entred , and ten fishes called Pykes , of the price , &c. of the goods and chattels of the afore said , &c. from the trunck of the s ame , &c. then and there feloniously took and carryed away against the peace , &c. therefore , &c.

Petty Larceny .

Also they present that P.I. of I. aforesaid Yeoman such day , & c. the clo se of a certain ; &c. at I. broke and entred , and one towel of the value of six pence of the goods and chattels of the afore said , &c. then and there found , feloniously took and carryed away , therefore , &c.

Selling in the Church-yard .

Also they present that W.B. and T.B. of I. aforesaid Butchers such day , &c. within the precinct of the view of Frank-pledge laid out their flesh , and other things venal in the Church , and Church-yard of I. to sell them ; which where divine service is celebrated , and mens bodies are buryed , they sold against the form of the Statute ofWinch . in such like case set forth and provided , therefore are they amerced , &c.

Chattels waved .

Also they present that a certain M.S. came within the juri sdiction of this Court , and hither brought certain goods and chattels by him stoln , viz. One Smock , one Petticote , and one Shirt ; all which aforefaid are of the value of twenty s hillings and no more , all which and singular hither by the foresaid M. were brought , and the same M. here within the jurisdiction of this mannor , these waved left and fled , by which all the goods and chattels aforesaid came to the Lord of this mannor upon the afore said . Commanded it was to the Baily to seize into the hands of the Lord , as an eschete , and to the Lord forfeit , and so did he , and the goods and chattels afores aid were delivered to the Lord in this Court .

Common fine .

Also they say that they give to the Lord in certain for the Common fine at this day of ancient custome six shillings eight pence .

Default of Dec●…iners .

Also they pre sent upon their oath that I.R. R.W. and I.W. are resident within the view of Frank pledge aforesaid , and at this day have made default , therefore is every of them amerced as it appears upon their heads .

Nusance of water .

Also they present that R.C. of I. afores aid Yeoman , has diverted the common course of a certain rivolet , leading by the house of a certain T.H. out of the right course in which it used to run ; therefore is it commanded him , to suffer that rivolet to run in its right and ancient course , by the feast , &c. under the penalty , &c.

Nusance of boughes , &c.

Also they present , that there is a certain hedge of great thickness , and that the boughes thence hang beyond the venelle called the publike lane , to the Nusance of carriages , beyond the same venelle , to be carryed in defect of W.C. therefore is it commanded to him to cut or lop that hedge by the feast , &c.

Nusance of a gutter .

Also they present , that there is a certain gutter , leading from the house or Kitchin of T.I. by which the filthy or stinking water of the said Kitchin is conveyed into the publike way , to the grevious nusance of the way publike , and of all carriages beyond it , to be carried by the people of the Commonwealth ; therefore is it commanded him , that to amove or stop up , by the feast , & c.

The common wayes .

Also they present , That the common way leading by the field called Prebends field , is the common way for leading or riding , and so used was from the time whose contrary in the memory of man is not , and because the gate and the bridge beyond the further bridge , ought to be maintained and kept by the Land tenants , and now are not ; therefore is it commanded , the same gate and bridge , to mend , and repaire before the feas t , &c. under the penalty , &c.

Nus ance of a dunghill .

Also they present that R.W. has erected a certain Dunghill against his house neer the publike way , to the nusance of the people of the Commonwealth ; therefore commanded it is to him , that to amove and eary thence by the feast , &c. under the penalty , &c.

Nusance of a Ditch .

Also they present that there is a certain ditch unscoured and unclean in defect of R.S. to the nusance , &c. therefore is he amerced twelve pence , and commanded it is to him that to scoure and maka clean by the feast , &c. under the penalty , &c.

An Hostess of whores .

Also they present that A.B. widow , is a common Hoste s s , and receiver of whores , and of women of bad fame and conversation , to the grievous nu sance of her neighbors ; therefore is she amerced two shillings .

A scold .

Also they present that N.C. widow , is a common scold with her neighbors , and a common breaker of hedges , and keeps a certain W.C. her son in her hous e , and he is not of good fame or government , therefore are they amerced as it appears upon , &c.

Trespass .

Also they present that a certain A.B. s ervant of W.C. Baily of the Lord , as he was leading certain cattel of a certain R G. to the pound of the Lord there to impound them , came a certain D.P. with great violence to the pound aforesaid , with one sword of the value of five s hillings , and then and therethe aforesaid A. B , struck with the s ame sword on his head , and spilt blood upon the same A.B. by occasion of which blow the aforesaid B. fel to the ground , as if dead he had been . Therefore the aforesaid D.P. is amerced , and affer . by the chief pledges to five shillings .

Trespass and Battery .

Also they present that I.S. made an affray within the juri jurisdiction of this Court , and drew blood , therefore is he amerced six shillings eight pence .

Default of a Constable .

Also they present that W.G. is Constable , and is not here at the view of Frank-pledge , to present that which to that office belongs , but has made default , therefore is he amerced three shillings four pence .

Common apprisers .

Also they present that B.R. and W. G.are common apprisers , and ought to be here to present that which to that office belongs , and made default , therefore are they amerced three shillings four pence .

Searchers of Victuals make default .

Also they present that R.B. and C.D. are searchers of Victuals , and s hould be here at the view of frankpledge to pre sent that which to that office belongs , and made default ; therefore each of them is amerced two shillings .

Scowrers of streets make default .

Also they present that T.I. and W.I. are scowrers of streets , and ought to be here at the view of frankpledge , and made default , therefore is each of them amerced six pence .

Estray .

Also they present upon their Oath , that the twentieth day of May , the yeer , &c. there came within this Lordship , one hors e of colour grey an estray , and remaines in custody X.D. to be proclamed .

Also they present that there is one 〈◊〉 colour bay , of age four yeers or more , which came within this Lord ship an estray the ninth day of September , the yeer , &c. of the price of twenty four s hillings , and remained in the custody of the Baily by the space of one yeer , and one day , after three Proclamations three several dayes made according to the form of the Statute , therefore the property of the same Colt is in the Lord .

Bakers amerced .

Also they present that W M. twelve pence , and R.B. twelve pence , are common Bakers of mans bread , and diverse times have baked bread unwholesome , and broken the A ss. therefore is each of them amerced as it appears upon their heads .

Brewers amerced .

Also they present that R.W. twelve pence , and I.D. twelve pence , are common brewers of Ale , and have brewed several times Ale unwholesome , and broken the Ass. therefore is each of them amerced as it appears upon their heads .

Tiplers amerced .

Also they present that E.W. twelve pence , and W. X twelve pence by their wives are common Tiplers of Ale , and by unlawful measures have sold Ale and broken the Ass. therefore is each of them amerced , as it appears upon their heads .

Penatly Set.

First , Ordained it is that B.R. make and scour his ditch at the nether end of great hill-field , containing by estimation twenty perches , by the feast of the Nativity of Saint John Baptist next coming , under penalty for every perch there eight pence .

Penalty .

Al so ordained it is that T.M. reform and expose a certain parcel of land lately by him incr●ched , betwixt Wash-lane and Pickam common , before the feast of all Saints next coming , under the penalty for every perch not reformed and exposed twenty pence .

Penalty .

Al so ordained it is , that no man permit his beasts , viz. his Oxener Cowes to go into or feed upon the common of this Lord , but in the lanes to this manner belonging , without a keeper , under penalty of forfeiture to the Lord for every of them every time two pence .

Penalty .

Al so ordained it is that W.I. amove his dunghill lying by the way publick against his house , before the feast of Easter next , under the penalty of forfeiture of ten s hillings to the lord of this mannor .

Penalty .

Al so ordained it is , th●t I.F. make an● maintain a bridge in his clos e , called great Co●mans , in the way leading from Alton town , under penalty of forfeiture of ten shillings to the lord .

Penalty .

Al so ordained it is that every man yoke or ring his hogs before the feast of Saint Michael the Archangel next , and those keep so yoked or ringed untill the feast of Saint John Baptist then next following under penalty of forfeiture to the lordfor every hog , every week three shillings four pence .

Then there rests no more to be done at a Leet or a Law day , but to minister to every officer his particular oath , and first the Maiors oath , if there be one there , and that must be thus :

The Maiors Oath .

YOu shall swear that you well and truly shall serve the keepers of the Liberties of Englan● , by Authority of Parliament , and the Commonwealth , in one office of a Maior , and as Maior of this Town and Borough of P. for and during the space of one whole yeer now next ensuing ; and you shall minister equal ju stice as well to the poor as to the rich , to the best of your cunning , wit , and power ; and you shall diligently procure such things to be done , as may honestly and justly be to the profit and commodity of the Corporation of this Town ; and also endevor your self to the utmost of your power to see all Heresies , Treasons , Felonies , and all other Trespas ses , Misdemeanors , and Offences whatsoever to be committed within this Town and Borough , during the time of your office , to be repressed , reformed , and amended , and the offenders duly punished according to the Law . And finally you shall support , uphold , and maintain the Commonwealth within this Town , prescribed customes , rights , liberties , juri sdictions , tranchises , compositions , and all lawful ordinances of this Town and Borough ; and as concerning all other things appertaining to your office , you shall therein faithfully and uprightly behave your self for the most quietness , benefit , worship , honesty , and credit of this Town , and of the inhabitants thereof , So help you God , and the holy contents of that book .

The O● th of the Recorder .

YOu shall swear that you well and truly shall serve the keepers of the Liberty of England , by Authority of Parliament , and the Maior , Aldermen , and Burgesses of this Town and Borough of P. in the office of Recorder , and as the Recordor of this Town and Borough of P. ye s halbe faithful and just and give good advice and counsel unto the Maior , Aldermen , and Burgesses of this Town , for & concerning any matter or cause that shal concern or touch the Franchiles , Liberties , and good orders of this Town , whensoever they shall require or desire you s o to do , you shall not utter or disclose any of their secrets or councel , touching the Fellowship or Corporation of this Town , whereby any prejudice , loss , or hindrance , or s lander , shall or may arise , grow , or be to the same Corporation : And further ye shall do to your power , wit , and cunning , all and every thing that shall appertain to your office for the most benefit , worship , and credit of this Town , and of the Inhabitants thereof . So help ye God and the contents of this book .

The Oath of the Town Cleark or Steward .

YOu s hall swear that you well and truly shall serve the Maior , Aldermen , and Burgesses of this Town , in the Office of Steward and Town Clerk of this Town and Borrough of P. and truly to see all Plaints , Actions , Process , and matters in the Courts to be holden before the Maior , Aldermen and Burgesses of this Town , and by you or your sufficient Deputy , according to custome and Liberties of this Town , to be entred and recorded as they ought to be , after the best of you cunning wit , or power , taking for the same you due fees and the perqui sits , issues , profits , and amerciaments of the same Courts ; you shall justly and truely write and extract yeerly , 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 neer as God shall give you grace . So help you God and the contents of this book .

The Oath of the Coroner , if there be any .

YOu shall swear , that you well and truly shall serve the keepers of the Liberty of England , by Authority of Parliament , and the Commonwealth , in the office of a Coroner , as Coroner of this Town and Borough of P. and you shall diligently and truly do and accomplish all and every thing and things appertaining to your office after the best of your cunning , wit , and power , for the most quietness , profit , ease , and credit of this Town , and the inhabitants thereof , taking such fees as you ought to take by the Laws and Statutes of this realm . So help you God , and the contents of this book .

The Oath of the Receiver● .

YOu shall swear that you well and truly shall serve the Maior , Aldermen , and Burgesses of this Town of P. in the office of Receivership , and as Receivers of the s ame Town for and during the space of one whole yeer now next insuing , and ye shall reasonably and honestly procure the profit of the Corporation of this Town , in those things which touch your office ; and ye s hall al so well and truly Collect , levy , and gather all and all manner Rents , Revenues , Casualties , Duties , and Profits belonging unto the said Office , and the same shall truly pay and deliver , and true declaration and accompt thereof make at the time appointed for payment and accompt thereof to be made , without concealment : and further , you shall diligently give attendance to the Maior of this Town and Corporation according to ancient cus tome ; and every other thing belonging to your office you shall well and truly do and accompli accomplish the best of your skil or power . So help ye God , and the contents of this book .

The Oath of the Chamberlain , and general Receiver .

YOu shall swear that you well and truly shall serve the Maior , Aldermen , and Burgesses of this Town and Borough of P. in the office of Chamberlain or generall receiver of this Town , and therein shall you do right to all manner of people both poor and rich in those things which touch your office ; the receit of the money due or belonging to the Maior , Aldermen and Burgesses of this Town and Corporation , you shall truly and safely keep , and have alwayes in a readiness to the use and behoof of the Corporation of this Town whensoever occasion shall serve , and not waste or di spend the same , but make true declaration and accunt thereof , when you shall be thereunto required without concealement , according to the credit and trust to you committed in this behalf , So God you help , &c.

The Oath of a Burgess .

YOu shall swear that you well and tr●ly shall serve the keepers of the Liberty of England by Authority of Parliament , and the Inhabitants of thi● Town & borough of P. as one of the Burgesses of this Town , and shall minis ter equall justice to poor and rich , after the best of your cunning , wir , and power , and als o shall well and truly observe , perform , fulfill , and keep all such good orders , rules , and composi●ions , as are or shall be made , ordred , or es tablished by the common-councel of this Town , for the good government thereof in all things to you appertaining , and you shall not utter or disclose any counsel or secret thing or matter , touching the Fellowship or corporation of this Town , whereby any prejudice , loss , hinderance , or slander shall or may arise , grow , or be to the same corporation , but you shall in all things belonging to the fellowship and corporation of this Town , faithfully , honestly , and indifferently behave your self , for the most benefit , worship , and honesty of this Town , and the Inhabitants thereof , So God you help , &c.

The like Oath is to be minis tred to an Alderman , muratis mutandis .

The Oath of the Cons tables .

YOu and either of you shall swear , that you well and truly shall s erve ●e keepers of the Liberty of England by Authority of Parliament , and the Maior , Aldermen , and Burge sses of this Town and Borough of ●●in the office of Constableship , and as Constables of this Town , for and during the space of one whole yeer now next in s uing ; you shall endeavor your selves to the utmost of your powers , to see the publike peace to be kept , and watch and ward obs erved and kept in this town , as hath been accustomed , and as it ought to be : likewis e you shall indevour your selves to learn and understand the contents of the Statute of Winchest. and divers other Laws and Statutes of this Nation made for the puni s hment of rogues , vagabonds , and s turdy beggers , haunting and resorting within the precinct of your office , and punish the offenders accordingly . Also you shall punish all such persons as do or s hall play at any unlawful games . according to the Statute in that case made and provided . You shall also have regard for the maintenance of A●●illery within your said office , and that you shall do and accomplish to the uttermost of your powers , So help you God , &c.

The Oath of the Serjeants .

YOu and either of you shall swear , that you well and truly s hall serve the Maior , Aldermen , and Burge s ses of this Town , in the office of a Serjantship , and as Serjeants of this Town , for and during the space of one whole yeer now next coming ; and you shall well and truly serve , do , and execute all and all manner precepts , warrants , and commandments to you and either of you to be lawfully given and directed , touching or concerning any matter , cause , or proces , to be moved , had , or depending in the keepers of the Liberty of England , by Authority of Parliament court , to be holden within this Town , according to the liberties thereof , or at large , and shall make due returns and answers thereunto , and make Certificate thereof , according to the effect of such Precepts , Warrants , and commandements , taking therefore your ordinary fees , and none other : And also you shall diligently give attendance unto Master Maior , and waite on him , as hath been accustomed , and as you ought to do , and his commandments mess ages truly to do and say , and not alter the same , so that it may be prejudicial or hurtful unto the said Master Maior or any other : and likewise you shall give attendance and be aiding and assisting unto the Con stables of this Town , in any thing that they or either of them shall reas onably and lawfully command or will you to do : and you shall diligently and truly do all other things appertaining to your said office , to the utmost of your power . So help you God , and the contents of this Book .

The Oath of a free-man .

YOu shall swear that you shall be true and faithful to the keepers of the Liberty of England , by Authority of Parliament , and to the government of the Commonwealth of England , as it is now established , and to your power shall aide and assist the Maior and other officers of this Town for the time being , and to them shall be obedient and attendant concerning such things as they or any of them shall lawfully and reasonably will or command you to do ; you shall also well and truly observe , perform , fulfil , and keep all such orders and rules as are and shall be made and established by the Common Counsel of this Town , for the good government thereof , in all things to you appertaining : you shall also give , yeeld , and be contributary to and with the Corporation of this Town , so far forth as you ought or shall be chargeable to do , and you shall not by colour of your freedom bear out , or cover under you any forrain person or s tranger , but according to the best of your skill , wit , cunning and power , you shall uphold and maintain all the Liberties , Franchises , good customes , orders , and usages of this Town and Corporation . So help you God , &c.

The Oath of the Tithing-man or petty Constable .

THe Oath of the Tything-man or petty Constable is in all points as the the Oath of the Constable , mutatis mutandis , saving further that the Tything-man must be s worn to be attendant on the Constable when he shall execute his office , being thereunto required .

The Oath of an Ale-taster .

YOu shall swear that you shall well and truly serve the keepers of the Liberty of England , by Authority of Parliament , and the Lord of this Leet in the office of the Ale - taster , or Assizor of this Liberty and Hundred for this yeer to come ; you shall duly and truly see from time to time , that the bread brought to be sold be truly weighed , and that the same to contain 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 B●ewers 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 sold before it be as sayed by you , and then to be sold agreeable to the prices limited and appointed by the Jus tices 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 punis hment 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 yeer to come , So help you God , &c.

The Oath of fealty to a Freeholder .

YOu shall swear by the contents of that book , that you will be true and faithful to the Lord of this Mannor , and shall from henceforth bear , do , and pay to your said Lord and to his heirs , at terms ass igned , all such Rents , Customes , and Services , as you ought to pay and do for all such lands and tenements as you claim to hold of him , So help you God , &c.

The Oath of the Y●●gling .

THis hear you the Steward and the Court that I shall swear , that I will true faith and troth bear to the keepers of the Liberty of England by Authority of Parliament , and to the government of the Commonwealth of Englandas it is now establi shed : And I shall with all my power , wit , and endeavor , defend and maintain the right and title of this Commonwealth against all forraine Princes and forrain Potentates , and shall no felony nor treason commit , nor thereunto assent , but as soon as any trea son shall come to my knowledge , I shall make the same to be known to the keepers of the Liberty of England by Authority of Parliament , or to the Justices of the Peace publike , within four and twenty hours next and immediately after it shal come to my knowledge , and shal be obedient to all the Laws of England , and in all things I shall well and truly behave my self like a true and faithful member of this Commonwealth during the term of my natural life , So God me help , &c.

The Oath of a Desnier .

YOu shall swear that you I. S. from this day during you life , s hall be faithful to the Keepers of the Liberty of England , and you shall hear of no hurt or damage that may befall them , but you shall disclose it , and to the uttermost of your power you shall defend them , So God you help , &c.

The Oath of the Heyward .

YOu shall swear , that you shall well and truly serve the keepers of the Liberty of England , by Authority of Parliament , and the Lord of this Leet in the office of a Heyward for this yeer to come ; you shall duely and truely execute all such Attachements and other Process as shall be directed unto you from this Court : and you s hall from time to time signifie and present all such Pound breaches as shall happen to be made within your office .

And likewise you shall present all such cattel estrayed , as shall usually come within your office , and in every other thing well and truly behave your self during the time afore said . So God you help , &c.

The Oath of the Affiers .

YOu and either of you shall swear by the holy contents of this book , That you will truly and indifferently taxe , assess , and affier all such amerciaments as are pre sented at this Court ; wherein you shall spare no man for love , favor , affection , or corruption , nor raise or inhance upon any man ( of malice ) more grievous Amerciaments than shall be thought reasonable , according to the quality of the offence , and the faults committed , and not otherwi se . So help you God , &c.

Then must the Steward command all men to s tand by , and the two Affiers to stand as neer him as they can , and he must read unto them every presentment that ought to be affied , and so that they may rate them accordingly untill they have done , and then discharge the Court thus :

Conclusion .

The Bailiff mus t make an O yes , and say after the Steward thus : If any man have any more to do at this Court , let him come in , and he shall be heard , or else every man may depart for this time in Gods peace and the publike , and keep your day here according to custom , if it be a cus tomary Leer , otherwise it must be upon a new warning . And s o God save the Lord of this Leet or Law-day , and make us all his servants , Amen .

Now I will shew you how Manors took their beginning , and within what Mannors a Court Baron shall or may be kept , and within what Mannors they may not , as followeth .

Perkina fol. 127. saith , That the beginning of Mannors was , when the King gave a thousand Acres of Land , or more or less , to a man and his heires for ever . And before the Statute of Quia emptores terrarum , A man seised of Land , infeoffed another of ten Acres , another of twelve Acres , a third of twenty Acres , to be holden of hims elf , and the Tenants to do him service , and pay him a quit rent , and so by this means by continuance of time out of the memory of man , such donor or feoffor had a Mannor .

Also , 33. H. 8. tit . Compris e. A man at this day cannot make a Mannor ; For although that a gift in taile be made to divers to hold of the donor by his services or suit of Court , although this be a tenure , yet it cannot make a Court , for it cannot be without prescription .

Also if a man have a Mannor , and all his free suiters but one do commit felony , or die without heirs general or special , whereby their land escheats , or if the Lord purchase their lands , the Mannor is destroyed ; for it cannot be a Mannor without Suiters , there must be two at the least , as it appeereth by 35. H. 8. tit . Tenures 102. m. And in 26. H. 8.4 . Two Copartners made partition of a Mannor , so that either of them had parcel in demesne , and parcel in service ; in this case either of them hath a Mannor , and either of them may keep a Court Baron , i● either of them have two Suiters ; otherwise not . But 12. H. 4.15 . Partition is made of a Mannor , so that one Copartener hath the demeans , and ●he other the services , suit of Court in this case is sus pended ; and so long as the mannor continues so , there can be no Court kept . And 8. H. 7.4 . it is held , That a Court Baron is incident to a Mannor , of common right , so that within every Mannor there ought to be a Court Baron , although there be no s uiters belonging to it , or although by partition the suit is suspended , as is aforesaid . And 34. H. 6.53 . But note , That divers are called Mannors , where there are not free Suitors , but onely Copy-holders , Ad voluntatem Domini secunaum con●uetu ●linem Manerii . And yet those s eigniories are called Mannors , and there are Court Barons kept to grant Copiholdes tates ; otherwise they cannot be granted by Copy , but by lease they may , and by that means a Mannor will be utterly destroyed .

THE Manner and form how to keep a Court BARON . ss THE Court Baron of I.F. and P. his wife , there held the twelfth day of October , the yeer . &c. by me I.W. Steward there .

Then command the Bailiff to make an O yes , and say after you thus , All manner of persons that have any thing to do at this Court , draw neer and give your attendance , and if any man will be essoined or enter any plaints , let them come forth and they shall be heard .

Then let the Bailiff say after the Steward , Essoines and proffers of suit or plea three times for this Court , and if any will be essoined , let the essoiny for suit of Court be entred thus :

I.S. Essonied is for suit of Court by T.D.

And if any will enter any plaints , then let them enter their plaints thus .

W.K. plaines against I.H. a plea of debt or trespa ss , or taking or injust determing of his beasts , or such like .

Then call the Freeholders , and so many as make default , present their names and marke them over the heads thus .

Richard W. Knight Amerced two pence . and M. B gentleman , Amerced two pence . are freeholders of this Court and have made default , therefore each of them is amerced as appears upon their heads .

Will . Kelsey . Jur. Joh. Vallor . Jur. Rob. Corse . Jur. Joh. Mathew . Jur. Joh. Newman . Jur. Matheus Bull. Jur. Joh. Heult Jur. and Thomas L. Jur.

The Foremans Oath .

YOu shall swear that you as Foreman of this Homage , with the rest of your fellows , shall duely inquire , and true presentment make of all such Articles and things as shall be given you in charge , and therein you shall not spare no man , for love , favor , 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 thereof true presentment without concealement , So God you help , and the contents of this book .

Then call the rest of the Homage , and swear them by four at a time thus ; The same Oath that W. Kelsey your Foreman hath taken before you one this part , you and every one of you shall observe and keep of your parts , So help you God and the contents of this book .

Then let the Bailiff call them by name , and bid them stand neer and here their charge .

An exhortation to the Jury before the charge .

SIRS , You that be sworn , before I enter into your Charge , I purpose by Gods assistance to deliver unto you the causes of your assembly here together , which are two ; one is , for that you hold lands of the Lord of this Mannor , some as Freeholders , and some as Copiholders , and therefore by reason of your tenures you ought to appear at this Court so often as it shall be kept , and here to do your suit and service , or else to be amerced ; and the other cause of your coming hither , is to get knowledge by hearing of the Laws and cus tomes of this Court dilated upon unto you , and hereby you may be the better taught , in s tructed , and enabled to know how to perform your duties in doing well and eschewing evil . And for that you shall the better consider and inquire of , and present all things which are now here presentable , I have ministred unto you a corporal oath , which oath standeth upon three parts ( that is to say ) upon Truth , Judgement , and Justice : It s tandeth upon truth , for that you ought to present nothing but the Truth , and likewise not to omit any thing that is true and presentable here unpre sented ; It s tandeth upon Judgement , that you do not present any thing rashly or unadvisedly , but certainly to know the truth thereof before you do present it ; And it s tandeth upon Justice , that you do not for favor , affection , corruption of money , or other reward , for fear of any mans dis pleasure , or for any private gaine or profit , leave any thing unpresented that is here pres entable , neither for malice to present any thing contrary to the truth . These three principal things you ought duely to cons ider of , and so hoping that you will have a special care thereof , according to your oaths and duties , and the trust that is reposed in you , I will cea se to trouble you any further at this time by way of exhortation , and proceed to your Charge .

The Charge .

FIrst , you shall enquire whether all such persons as owe suit and service to this court , be here to do the same or no : and if any make default , you must present their names .

And I must tell you , If there be two Coparcenes , or two Joyntenants which do owe suit and service to this Court for any Lands which they hold of the Lord of this Mannor , the one of them ought to be here to do the same , suit , and the other ought to be contributer to his charge .

Also if any Tenant having twenty acres of Land granteth or letteth the same to twenty several persons , in this case every one of those twenty ought to do such suit and s ervice as hath been accustomed to be done for the same Land .

Also , you shall enquire if any Tenant be dead since the last Court , or before , and his death as yet not pre sented , then you shall enquire what Land he held of the Lord of this Mannor , and by what tenure or service he held the same , whether by Knights s ervice , Soccage tenure , or by Copy ; and what benefit or advantage is faln to the Lord by his death ; whether ward , marriage , relief , escheat , or any other profit , and who is his next Heire , and of what age he is , and in whose cus tody he is : For if any Tenant which holds by Knights service die , and his heir male under the age of twenty one yeers , and not married , then the Lord s hall have the ward ship and marriage of such heir male : but if it be a female and under the age of 14. yeers , and not married , then the Lord s hall have likewise the wardship and marriage of such heir female ● and if the heir male be 21. yeers at the death of his ancestor : or the heir female fourteen yeers , then the Lord shall have onely a relief , which ●s , if they held by a whole Knights fee , a hundred shillings : if by the moity of a Knights fee , fifty shillings , and so according to the rate of their tenure .

Also if any tenant which held by Soccage tenure be dead , his heir being under the age of fourteen yeers , the Lord ought to have the value of his land for one yeer for a relief , which is due immediately after the death of the Tenant ; and the next of kin to the heir to whom the inheritance cannot descend , ought to have the wardship of such heir .

Al so if any customary Tenant or copiholder , hold two parcels of land by herriot service , and by several copies , if such tenant dye thereof seised , the Lord ought to have two herriots .

Also you shall iniquire whether any of the Lords tenants be dead without heir generall or special ; if there be any such ; then the Lord ought to have his land by Es cheat .

Also if any Bastard hath purchased any land within this Lords hip , and is dead without issue of his body lawfully begotten , then the Lord ought to have his land by Escheat .

Also if any Freeholder of this Mannor hath committed felony , and thereof hath been attainted , that is , either hath confessed the felony , or hath been convict by verdict of twelve men , or fled , and thereupon outlawed for the felony , in this chse the Keepers of the liberty of England by authority of Parliament must have yeer , day and wast in his land , and after it ought to come to the Lord by Escheat .

Also if any Copiholder hath committed felony , and therefore hath been attainted as is aforesaid , then the Lord may enter into his Copihold for a forfeiture .

Also if any Copiholders hath lea sed his Copihold for any longer time than a year and a day without the Lords licen s e , is is a forfeiture of his Copihold , unless he may do it by the cus tome .

Also if any Copiholder deny to pay his rent , or deny to come to his Lords Court , or deny to be sworn of the homage , or deny to go with his Lord to suppress rebels , every one of these denials is a forfeiture of his copihold . Also if any copiholder hath sold any of his copihold land by deed , and made livery of seisin thereof according to the deed , it is a forfeiture of so much as he hath so sold .

Also if any Copiholder hath cut down any Timber trees within his Copihold without licence , or lopped any Timber trees there at an uns easonable time of the yeer , by reas on whereof they die , either of both is a forfeiture of his copihold .

Also if any copiholder s uffer his copihold tenement to decay and fall down for lack of reparations , it is a forfeiture of his copihold .

Also if a copiholder be a Recusant , if his Lord also be not a Recusant , he ought to forfeit his copihold estate according to the statute Law made ann. 35. El.

Also if any copiholder have surrendred his copihold tenement into the hands of two of the tenants since the last court to the use of any person , every such surrender ought to be presented at this Court , or else the tenants which took such surrender , ought to forfeit their copiholds , because it may be thought if they do not present it , that they go about not only to defeat the Lord of his fine , but also to disinherit the party to who se use the same s urrender was taken .

Also if any Copiholder having two Copiholds , hath impaired the one to amend the other , this is a forfeiture of the Copihold that is impaired .

Also if any Villain or Bondman of blood , hath purchased any Land within his Lordship , the Lord may sei se both it and such villains goods at his pleasure .

Also you shall inquire whether any Tenant of this mannor hath given any of his lands in mortmain , That is to s ay , to any religious house , religious person , and their successors , or to any Guild , Fraternity , or corporation , and their successors , without the Keepers of the Liberty of England , by Authority of Parliaments licence , and the Lords of this Mannor , for it is here inquirable and presentable , to the end that the Lord if there be any such grant made , may make his claim within the yeer and the day , according to the s tatute in that case made and provided .

Also if any Tenant hath sold his land by Deed , and hath not given notice thereof to the Lord , nor he which bought it hath not done his fealty to the Lord , or suit of Court , so that by reason thereof the Lord doth not know who is his tenant , therefore you ought to present it : for it is very needful and necessary , that the lord should know who is his Tenant , by reason of his services and escheats which may grow due unto him .

Also if any Tenant within this Lordship hath suffered any house of husbandry to decay by taking of the land from it to lay it to another , in this case the Lord ought to have the moity of the profits thereof to his own use , untill it be made and maintained a Husbandry again , and this you ought to inquire of for the Lords benefit .

Also if any Tenant hath inclosed any land which hath been accustomed to lie open without the Lords licence and the Freeholders , you must present it , for he cannot justifie the doing thereof .

Also you shall inquire whether any of the Lords lands within this Mannor be withholden from him , and held and occupied without his licence , if there be any such thing , then you must inquire by whom it is withholden , and what land it is , and what it is worth by the yeer , and how long it hath been withholden that the Lord may recover his damage for the withholding thereof accordingly .

Also you s hall inquire whether there be any rent custome , or service , behind and unpayed to the Lord of this Mannor , by whom it is due , and what rent , custome , or service it is , how long it hath been withholden , and where the land lieth , that the Lord may dis traine for the arrearages thereof .

Also you shall inquire if any Bailiff or other officer of this Mannor , hath made any arrest for any rent , cu stome , or service , due to the Lord of this Mannor , and rescouse therein hath been made ; you ought then to present him or them which made the rescouse , and where and when it was done .

Also if any distress hath been taken and put into the lords pound , and hath been taken out from thence without leave or authority of the law , then such taking is a pound breach , and here inquirable and pres entable .

Also if any tenant doth surcharge the common by putting more cattel there then by the custome he ought to have go there , or by putting of cattel there not commonable , as pigs , goats , and geese , and such like , you must present them .

Also if any Tenant of this Mannor , having two Farm●s , one in this Mannor , and another in another Mannor , doth use in the Summer-time or open time of the yeer , when Corn and Hay is housed , to bring cattel from his other farm unto his farm within this Mannor , which hath been usually kept at his other farm out of this Mannor , this is called chasing , and here requirable and punishable , unless these cattel be kept within his own s everal grounds , and not in the common fields .

Al so if any man hath removed any bounds or marks , meer-s tones or stakes , between this Lordship and any other , or between tenant and tenant , you must present their names ; for it is an evil ossice , and they deserve to be punis hed for it .

Also if any man hath fished , hawked , or hunted within this Lord ship , without the leave or license of the Lord of this Mannor , you must present them , for they are the Lords Realties , and therefore no man can lawfully come here to do either one or the other without his leave .

Also if any tenant by reason of his tenure ought to grinde at the Lords Mill , if he do it not , you must present him .

Also if you know any man that keepeth , deraineth , or withholdeth any of the Lords evidences of this mannor , as court ro●s , rentals , or immuniments appertenant and belonging to the Lord of this Mannor , you must present them , for it is fit that the Lord should have the custody of this Evidence himself .

Also if there was any thing pained at the last Coure to be done , and as yet is not done , you must enquire who have made default therein , and present his heirs , or their names : And you shal likewise inquire of all other things which you shall think needful to be inquired of , by me omitted , and not given you in charge , a swel as if I had given you it in charge , and so bring in your presentment in writing by one of the clock in the afternoone .

Then let the Bailiff make an O yes , and adjorn the the Court till after dinner thus :

All manner of persons that have an● more to do at this court , may depart for this time , and keep their hour here at one of the clock in the asternoone .

And then after dinner , call the Jury for their presentments ; and if they be ready , take them , and swear two Affiers to affier them , as before at the Leet .

This being done , let the Bailiff make an O yes , and discharge the court thus . All manner of persons which have any more to do at this Coure , let them come forth and they shall be heard , or else they and every one else may depart for this time , and keep their day here upon a new warning , and so God save the Commonwealth of England , and the Lord of this Mannor .

Fealty to be ministred to a customary tenant .

YOu shall swear that you shall be true Tenant , and faith and truth shall bear to the Lord of this mannor , and to his heirs , for all such customary Lands and Tenements as you claime to hold of him , by vertue of your copy for term of your life : you shall also well and truely bear , pay , and do all such rents , customes , and services as are and shall be from time to time to be paid and done for the said lands to your said Lord , and his heires : you shall also be justified by your Lord and his officers , in every thing as a cus tomary Tenant ought to be justified ; and you shall in every other thing well and honestly behave your self o long as you shall be Tenant , So help you God , and the contents of that Book . And so let him kiss the Book to affirm his Oath .

But this Oath must be ministred before the Court be ended .

The Oath of the Reeve or Bailiff of a Mannor .

YOu shall swear that you shall well and truly serve the keepers of the Liberty of England by Authority of Parliament and the Lord of this Mannor for the yeer to come , in the office of the Reeve or Bailiff of the same Mannor ; and you shall duly and truly gather all such rents , revenues , or other yeerly profits as s hal be extracted out unto you , and thereof you shall make and yeeld up a true account at the end of the said yeer , and in every other thing you shall well and honestly behave your self in the said office during the time aforesaid , So help you God and the contents of that Book . This must also be done before the end of the Court.

And the presentments are to be put into this form by the Steward of the Court thus , viz. next after the presentment of the freeholders , for their defaults , the copiholders thus :

Default of Copiholders .

Also the Jury say upon their Oath , that W.I. four pence , and J.R. four pence , are tenants by Copy Rolls of the Court , and owe suit to the Court , and at this day hath made default , therefore is each of them amerced as appears upon their heads .

Death .

Also they pre sent that W.N. who of the Lord held freely one messuage , and thirty Acres of medow and pasture , with the appurtinances within this Lordship , by fealty and s uit of Court and by rent annual of six pence , dyed of such estate so seised and that R.I. is the son and next heir of the aforesaid W.I. and is of the age of ten yeers , and to this Court came the afore s aid R.I. and paid to the Lord for relief six pence , and made fealty .

Alienation .

Also they say upon their oath , that G.B. who of the lord held freely one messuage , one Orchard , and six acres of medow with the appurtinences , by his deed indented bearing date the sixt day of I. the yeer , &c. gave , granted , bargained , and sold , all and singular the premisses aforesaid , with the appurtinences to R.K. of , &c. to have and to hold all and s ingular the premisses aforesaid with their appurtinences to the afore s aid R. K. his heirs and assignes of the chief lords of the fee by the rent s ervices and customes , &c. thence heretofore due , and of right accus tomed , and the premisses he holds of the Lord of this manner by fealty and suit of Court and by rent annual of 12. pence , and at this Court the said R.K. made to the Lord fealty .

Legation .

Also they say upon their oath that W.A. who of the Lord held freely one messuage or tenement , and twenty acres of land called H. by fealty , suit of Court and by rent annual of six pence dyed seised , and by his last will written made , bearing date the 28. day of Sept. the yeer , &c. devi sed the messuage or tenement and the aforesaid twenty Acres of land to certain R.A. and T.A. his sons , by the name of all his lands , tenements , and hereditaments , scituate lying and being in I. afore said , to have and hold the aforesaid messuage or tenements to the s ame R.A. and T. A.their heirs and a ssigns for ever , to the proper behoof and use of them R.T. their heirs and e ssignes for ever . Therefore is it commanded to the Baily to de strain the afore said R.A. and T.A. according to the form of a Statute in that case provided to pay relief , and also dis train to do fealty .

Upon Surr.

Also they say upon their oath , that R. R.tenant customary of this mannor , out of Court surrended into the hands of the Lord , by the hands of W.T. and R. W.two customary tenants of this mannor , all that me ssuage and thirty acres of land medow and pasture with the appurtenances now in the tenure and occupation of R.B. to the behoof and use of the aforesaid R.R. for tenure of his life natural , and after the decease of the said R. R.then to the behoof and use of T.B. and the heirs of the body of the said T. lawfully begotten , and for defect of such issue of the body of the said T.B. lawfully begotten , to remain to I.I. the son of R.I. gentleman , his heirs and a ssignes for ever ; and they say that the aforesaid R. is dead , and now to this Court the aforesaid T.B. comes and requires to be admitted to all and singular the premisses aforesaid , and at this Court the Lord by I. Khis seneschal , has granted thence to him seisin by the verge ; to have and to hold to him T.B. and the heirs of his body lawfully begotten ; and for defect of such issue , to remain to the behoof and use of the said I.I. and his heirs for ever ; and the aforesaid T.B. gave the Lord as for his fine four pounds , and he did to the Lord fealty and is admitted thereof Tenant .

Surrender by the Seneschal taken .

At this Court witnessed is by W.T. sene s ch. that W.N. on his death bed lying the tenth day of A. the yeer , &c. surrendred into the hands of the Lord , by the hands of the same Senesch . ( absent being the Court ) in the presence of R.C.R.P. and C. H one tenement called M. in which now dwels W.G. with all his lands and tenements , within the mannor of I. to the behoof and use of M. his wife for term of her life , and after the decease of her M. to remaine thence to W. T. the s on of the aforesaid W the father and G the daughter of the same W. the father , and the si ster of the afores aid W. the son , and to their heirs ; ●et upon condition following , that if it happen any of the aforesaid W. the son or G. the daughter , to dye without heir of his or her body issuing , that then he or she which soever shall survive , shall have and injoy the tenements aforesaid to his , or her and their heirs for ever ; and upon this came into this Court the afore said M. and requires to be admitted to the tenement afore said with the appurtenances , to whom the Lord by I. K , his sene sch. granted thereof seisin by verge to have to her in form aforesaid , at the will of the Lord according to custome of the mannor , and she gives to the Lord her fine for her entrance thereupon to be had , and maketh to the Lord fealty and admitted is thereof tenant .

Death of the Copiholder .

Also at this Court found it is by the homage that a certain W.W. one of the sons and heir of R.W. deceased , held of the Lord to him and his heirs according to the custome of the mannor , the moity of two me ssuages or tenements , and of one garden with the appurtenances in I. and long before this Court dyed thereof seised within the age of ten yeers , and in the custody of R.W. according to the custome of the mannor , and that S.W. is the brother and sole heir of the aforesaid W.W. and of full age , who pre sent is here in Court , and requires to be admitted to all the Lands and Tenements C●s tomary of which he the aforesaid W. W.dyed sei sed viz. to the aforesaid moyty of two Messuag●s or Tenements , a loft and garden with the appurtenances within that Mannor , to whom the Lord by I K. his Seneschal , granted thereof seisin , to have and to hold to him and his heirs of the Lord by verg , at the will of the Lord according to Cu stome of the Mannor aforesaid , by the Rent , Customes and Services therefore heretofore due and accustomed ; And he giveth the Lord for a Fine for his Entrance as it appears ovet his head ; And maketht to the Lord fealty and is admitted thereof Tenant .

Surr. in Court .

Also to this Court came I.T. and s urrendered into the hands of the Lord ten acres of land more or less , with the appurtenan●es called S. four Acres of Land more or less called K. and four Acres of medow more or les s called C. customary to the behoof and use of R.B. gentleman , his heirs and essignes for ever by verge at the will of the Lord , according to custome of the mannor aforesaid , to which R. B.the Lord by his Senesch granted seisin to have and to hold to him and his heirs of the Lord by the rent of ten shillings by the yeer , and other services ; therefore heretofore due , and he giveth the Lord for a fine for his entrance thereupon to be had , four pound , and made to the Lord fealty , and is admitted thereof tenant .

Death of a parcener .

Also the homage say upon their oath , that a certain R.S. who of the Lord held as parcener by custome of the mannor , nine acres of land customary , with one grange , together with T.S. his brother to him and his heirs , dyed about the last Court so seised , and that a certain I.S. is son and next heir of the same R. as to the moity of the aforesaid land and grange aforesaid , and is of age eight yeers , and upon this as well the custody of the aforesaid I.S. as the land and grange afores aid are committed to a certain S. I.as to his good friend , &c. And he found pledge in Court E.N. to render to the aforesaid I. the profits thereof , when the age of fourteen yeers he should attain .

Enchrochment .

Also they say upon their oath that R. W.has encroched upon the wast of the Lord at C. in length ten yard lands , and in bredth one yard land , therefore he is amerced , &c. and ordained it is that he expose the same before the feast of Saint John Baptist next under the penelty of forfeiture to the Lord for every yard-land two s hillings six pence .

Rescuous .

Also they say upon their oathes that G. B. the Baily of the Lord such day and yeer , &c. within that Lordship des trained H.H. for rent of the Lord then by the s aid H.H. behind and not paid , And that the aforesaid H. then and there rescuous made upon the s ame G.B. therefore is he amerced , &c.

The form and manner of divers grants and surrenders , aswell of Copiholders of inheritance , as also of Copiholds for lives , as followeth .

Broxhead .

ss. TO the Court of the mannor there held the fourteen day of Febr. the yeer , &c. came N. R. and took out of the hands of the Lord one mess uage and yardland with the appurtinences in B. lately in the tenure of J.A. to have to him and R.P. his son , and to A. now the wife of the said N. for the term of life of them , and either of them longest living successively according to the custome of the manner afores aid by the rent and service , before thence due and accustomed , and he giveth to the Lord for such estate ; so thereof to be had three pound , and make there the Lord fealty , and is admitted thereof tenant , and the fealties of the aforesaid R. and A. are respited untill , &c.

By I.W. Senesch there .

Forfeiture of Cop and retaking .

To this Court , &c. the homage present that P.C. lately the relict of I.C. which of the Lord held , during her widowhood according to the custome of the mannor one messuage , & c. with the appurtinences in A. took for Husband R. L. by which forfeited she has her estate in the premi sses , and so remaineth it in the hands of the lord , upon which proclainat . made is , If any one , &c , whereupon came the afores aid R.L. and took out of the hands of the lord one messuage , &c. with the appurtinences , to have to him for term of his life , according to custome of the mannor aforesaid , by rent and services thereof before due , and of right accu stomed , and he giveth to the Lord for a fine , such state so thereof to have , six pound and maketh to the Lord fealty , and admitted is thereof tenant .

Grant of reversion .

To the Court , &c. came W. H.and took out of the hands of the Lord , the reversion of one mes suage , &c. with the in Y. now in the tenure of J. H.widow lately the wife of W.H. to have and to hold the reversion aforesaid , to the aforesaid W. H.and B. his son , for term of the lives of them , and either of them longes t living successively according to the custome of the mannor aforesaid , when by the death surrender or any for feiture of the foresaid I. in any manner done or committed to the hands of the Lord to come it shall happen , by the rent and serzices thereof before due and of right accustomed , and he giveth to the Lord for a fine for such reversion so thereof to be had seven pound , and his fealty is re spited until , &c.

Death .

THe Jurors present , that I.C. who of the Lord held one tenement with its appurtenances in I. in which I.C. the father of the aforesaid I. lately dwelt deceased about the last Court , whence fell to the Lord for Heriot one Ox of the price of fourty s hillings delivered to the use of the lord of this mannor , whereupon proclam . made was in Court , If any man , &c. upon which came Ann the relict of the aforesaid I. and claimes the premis ses during her widowhood , according to the custome of the manner by rent works , cus tomes and services thereof due and accus tomed , &c.

Surr. and retaking .

TO this Court came C.W. who of the Lord held by Copy Rolle of the Court dat , &c. one Tenement , &c. with the appurtenances in E. sometime in the tenure of R.C. and all thos e surrendred into the hands of the Lord , and all his estate title and interest in the premi sses with that intention that it would please the Lord a new grant thereof to him the afores aid C. W. and others to make , according to the custome of the mannor afores aid ; upon which surrender there fell to the Lord for He iot of agreement twenty s hillings ; and into the same Court came the said C.W. and took out of the hands of the Lord the said tenement , &c. with its appurtenances , to have to the s ame C.W. R and I.W. his sons for term of life of them and either of them longest living successively , according to the custome of the Manor aforesaid , by the rent , works , customes , and s ervices thereof before due and of right accustomed , and for such estate and entrance so thereof to be had , the aforesaid C.W. gives the Lord for fine 26. l. and maketh to the Lord fealty , and so the aforesaid C.W. admitted is thereof tenant , and the fealties of the aforesaid R. and I. respited are untill , &c.

Grant of Copy-hold of Inheritance by the Yard .

AT this Court the Lord granted out of his hands by I.F. his chief Senesch to T.D. & A. his wife , one Mess , &c. with all the appurtenances lying at B. to whom the Lord by by his Senes ch aforesaid granted seisin to have to them and their heires of the Lord by the Yard , at the will of the Lord , according to the custome of the Manor aforesaid , and they give the Lord for a fine for entrance threreof to be had , as it appears upon their heads , and he made to the Lord fealty , and is admitted thereof tenant

Grant for annuall Rent .

AT this Court the Lord granted by I.F. his Sene s chal to T.B. and M. his wife one Me ssuage with six Acres of land , &c. with the appurtenances , to the afores aid T. M. their Heirs and As s ignes , at the will of the Lord , according to the custome of the Mannor , rendring therefore yearly to the Lord his heirs ( and successors if the Lord be a Bishop or Dean , &c. ) 6. s. 8. d. for all and singular the services at two tearms of the yeare , viz. at the feast of S. Mich. the Archangel , and the Annunciation of the blessed virgin Mary , by equall portions , and they give to the Lord for a fine , &c. and made fealty , and are admitted thereof tenants .

Court in ancient Demesne .

TO this Court held there such day and year , A. C. the son and heir of I.C. came , and surrendred into the hands of the Lord one Messuage , &c. in D. within the Jurisdiction of this Court , to the behoof and use of T.H. his heires and assignes for ever , by vertue of bargain or partition betwixt them made , and upon this publick proclamation in the same Court made was , that if any man any right or title to the same Messuage , Land , &c. or in any parcel thereof pretend will , or has , he should come and be heard , and no man came at this Court , wherefore according to the custom of the Mannor afores aid , the Mess . and Land &c. remain should in the hands of the Lord , untill the third Proclamation them concerning be made , whereupon day is given to the parties aforesaid , to be at the next Court of the Mannor afore said , to hear thereof their judgement upon the Premis es .

And at this Court held there such day and year , as well the afores aid A.B. as the aforesaid T.H. came , and hereupon the second Proclamation made was concerning the Premis es , that if any man any right or title to the same Messuage Land , &c. has or pretends , he should come and be heard , and no man came , and upon this day was given to the parties aforesaid to be here at the next C. of the Manor aforesaid , to hear thereof their judgment upon the premises .

And at this Court there held such day and year , as well the aforesaid A.C. as T.H. came , and hereupon the proclamation made was upon the premises , that if any man any right or title to the aforesaid Mess uage land , &c. or in any parcel of these has or pretends , he should come and be heard , and no man yet came , whereupon the Lord by I.H. his senescale granted hath , sei sin of the aforesaid Messuage , &c. with their appurtenances aforesaid to T.H. to be held to him , his heires and assignes , according to the custom of the Mannor aforesaid , and he gives to the Lord for a Fine for his entrance , &c. and made to the Lord fealty , and is admitted thereof Tenant .

Otherwise in ancient demesne where the wife is examinned .

AT the Court held there such day and year , T.B. of N. and E. his wise in the presence of the Court alone examined and confessed , surrendred into the hands of the Lord , one Messuage and half an Oxgang of land , with the appurtenances in D. called R. to the use of W.C. of O. whence fell to the Lord one horse for Heriot , and upon this came the said W.C. and took of the Lord the said Messuage , &c. with the appur● enancee , to have and to hold , to him and A. his wife , and the heires and assignes of him W. for ever , according to the custom of the Mannor aforesaid , by the rent customes and s ervices thereof before due and accus tomed , and they give to the Lord for a Fine for entrance to have in the said Messuage and other the Premises , &c. and they made fealty , and are admitted thereof Tenants .

Surrender to the Baily out of Court .

At this Court , &c. found it is that T.C. out of the Court ●urrend●ed into the the hands of I.B. Baily in the presence of D.R. and other the Tenants of the L. of this Mannor this witne ss. one acre of Land in R. heretofore the Land of T.R. to the use of W.I. to whom the , Lord thereof granted ●eisin , to be held to him and his heires , &c.

A Surrender upon Condition .

TO this Court , &c. came I.C. and s urrendred into the hands of the Lord , one Cotage lying , &c. to the behoof and use of I.A. to be held to him and his heires of the Lord at the will of the Lord , according to the custom of the manner , under the Conditions following , viz. if the aforesaid I.A. pay , or to be paid cause to the aforesaid I.C. xl s. at the Feast of Saint John Baptist , and all Saints next comming , after the date of this Court by equal portions , that then the present surrender to be of s trength and effect , and if he fail in the payment aforesaid , in part or in whole , that then well may the aforesaid I.C. and his assignes to reenter , and again have the afore said Cottage , this s urrender in any thing notwithstanding , and he giveth the Lord for a Fine , &c. and made fealty , and admitted is thereof Tenant .

Grant of a Copyhold forfeit .

AT the Court , &c. held such day and year , &c. commanded it was to the Baily to seise into the hands of the Lord , one Tenement with the appurtenances lately in the tenure of I.B. called R. for that he aliened and sold the said Tenement to a certain T.V. without the License of the Lord , &c. And thereof shall he answer to the Lord for the issues untill , &c. And in this same Court the Lord of his grace special hath granted the s aid Tenement with appurtenances to the aforesaid I.B. to whom the Lord thereof hath granted seisin to have to him and his heires , &c. of the Lord at will according to the custome of the Mannor afore said , and he giveth the Lord for a Fine , &c. and hath made to the Lord fealty , and admitted is thereof Tenant .

Copy for tearm of years .

AT this Court the Lord by I.F. his s enescale granted to E.R. one Messuage , &c. with the appurtenances called A. to have and to hold to him and his as signes , from the Feast of Saint Mich. the Archang . next to come after the date of this Court , to the end and term of fourty years from thence next following , and fully to be compleated , rendring therefore annually twenty s hillings at two terms of the year , viz. &c. by equal portions ; provided alwayes that during the term aforesaid , the aforesaid Lord shall finde Timber , Mertar , & Wood , as oft as neces sary it shall be the said Tenements to mend , repair , and sustain , and he giveth the Lord a Fine , &c. and made the Lord fealty , and admitted is thereof Tenant .

Release in Court of a Title .

AT this Court held , &c. found it is that the Lord by T. P his senescal , at the Court held at C. such day and year granted into the hands of W.P. and to his heires one piece of ground containing about three acres of Land more or less , s ometime the Land of T.C. in A. lying there betwixt the Land of A B. on the South part , and the Land of W. S.on the North part , to have and to hold , &c. at the will of the Lord , according to the cus tom of the Mannor , and after came a certain A.W. before the aforesaid T.P. senescale of the Lord , and pretends to have title to the said piece of Land , and here present in the Court , remised , rel eased , and for ever quit claimed , to the afores aid W. P.and his heires by license of the Lord at his right and claim which she ha●●r had , or for the future have may in the aforesaid piece of Land , and in any parcel thereof , so that viz. neither he A , nor his heirs , nor any other in the name of them , any right or claim in the afores aid piece of land hereafer make or challenge may , but from all action of right or claim be excluded for ever by these present sand giveth to the Lord , &c , and maketh fealty , &c.

Grant to the heir after the Fathers death .

AT this Court held , &c. found it is , that I , Bdyed seised , after the last Court , who of the Lord held to him & his heirs one tenement called E , and dyed thereof seised , and they say that R.B. his sonne is next heir , and of full age , or within age , if he be within age , viz. of 12 yeares , and in the custody of T.W. or R.M. his brother or kin s man , and present here in Court , sues to be admitted , & admitted is thereof tenant , to hold to him and his heirs of the Lord at the will of the Lord , according to the custome of the Manor , &c. and giveth the Lord for a fine , &c. and maketh to the Lord fealty , &c.

Otherwise of an intail with remainders .

AT this Court found it is , that R.B. of A. at the Court held such a day and year , &c. at E. surrendred into the hands of the Lord one tenement , &c. called C. to the use of R. B.the son of the same R. and A his wife , to whom the Lord granted seisin to hold to them and the heirs of their bodies lawfully begotten . And if the afore s aid R. and A. his wife shall die without heirs of their bodis lawfully begotten , that then the aforesaid tenements , &c. with the appurtenances , shall remain to the right heirs of him R.B. And now this Court is informed by the whole homage , that the afores aid R and A are dead without heirs lawfully betwixt them begotten , and the aforesaid R B. likewise , and hereupon comes I.B. brother and heir of the aforesaid R.B. and sues to be admitted , and admitted is tenant , &c. and by licence of the Lord , the afore said I.B. s ues to be admitted to the aforesaid tenement with the appurtenances , to whom the Lord thereof granted seisin , to hold at the will of the Lord according to the custome of the Manor , and giveth the Lord for a fi●e , &c. and maketh to the Lord fealty , &c.

Otherwise . A copy for life , with divers Remainders over .

TO this Court came A.T. and surrendred into the hands of the Lord one Messuage & 8 Acres of land customary called I , that the Lord may doe thereupon at his will , and the Lord thereof had sei●●n , and of his grace speciall he regramed the afore said Me ssuage and land to the afore said A.T. and K. his wife , during their lives , so that after the decease of them , the aforesaid land and tenement should remain to the right heirs of him A. T.for ever , to hold to the same A.T. and K. his wife during the life of them by the verge at the will of the Lord according to the custome of the Manor in form aforesaid , saving the right of every man , and the afores aid A.T. and K. gave the Lord for a fine , &c. and made fealty , &c.

Surrender out of the Court and Remainder with condition upon the death-bed .

AT this Court found it is , that R. I.languis hing on his death-bed , surrendred into the hands of B.R. out of the Court by the hands of I.H. in the presence of A.C. and B. D tenants of this Manor , this Test . one Mess uage with the appurtenances , &c. to the use of A. the wife of the afores aid R.I. to hold to her by the service therefore due according to the custome of the Manor for term of her life , so that after the death of the said A , the afores aid Mess . shall remain to I. the son of the aforesaid R. and A , and the Heires of his body lawfully begotten . And if it shall happen that the said I. shall die without Heire of his Body lawfully begotten , that then the aforesaid Messuage by the Executors of either of them longest living be sold , and the monies thence received , and arising on the poore , and other almes to be disposed , and distributed , as to them best shall s eem expedient , to whom the Lord thereof granted seisin to hold in forme aforesaid , at the will of the Lord according to the custome of the Manor , and they give the Lord for a s ine , &c. and make fealty , &c.

Supplication of the Tenant to the Lord .

TO this Court came R.C. instantly s upplicating , as he for many times bypast hath supplicated , and proffers the Lord a fine annuall , for the reason of exemption , that he of grace special and favour , because of old age , , infirmnesse & weaknesse of his body , may be exonerated hereafter , from all and singular Inquests , Juries and Offices whatsoever , as well in this town as elswhere within the said Manor to be cast upon him and assigned . Wherefore out of respect of his old age , together with his infirmnesse and weaknesse under the fine annuall in name of the exemption therfore proffered and his s uggestion , to the tenants seeming that truly he had testified in the premi ses . Now the Lord has granted in this Court by I.F. his Seneschal to the aforesaid R.C. licence , his favour and exemption for term of life , & the aforesaid R.C. gives the Lord for an annuall rent , 4. d. payable at the terms usuall .

Licence for suit of Court .

TO this Court came I.S. Villeni of the Lord , & gives for a fine for suit of Court to be respited for one year , 2. s.

Licence to marry his daughter .

TO this Court came I.S. Villeni of the Lord of this Manor , and requests licence to marry his daughter within this Lordship or without , and the Lord by I.W. his Sene schall hath granted licence , &c.

Licence to demise Tenem . customary .

TO this Court came T.R. and requests licence of the Lord to demise all and singular his lands and tenements customary , situate , lying and being within this Lordship to what person or what persons soever it shall please the same T.R. for the term and to the term of 21. year next following the date of this Court , to which T. R.the Lord license hath given in form aforesaid , for the Fine of 10 s. paid in the Court to the use of the Lord of this Mannor .

Note , that there is no manner of estates made of free land by deed pole , or deed indented , but the like estates may be made by copie of Court roll of copihold Land of inheritance , and entred in the Court rolls : and the Steward is bound by Law and cons cience to be an indifferent judge between the Lord and his Tenants , and to enter their copies truly , in the Lords Court rolls , the which are the Lords Register to know his pres idents , customes , and services : And al so they are a great surety to the Tenants , that if their copies by any casual means be lost , ●hey may resort to the Lords Court rolls , and the Steward may make them new copies , according to the old president in the Lords Court roll : like as at the Common Law , when a matter in variance between two men is passed by verdict , and judgement given thereupon and entred in the Keepers of the Liberties of England by authority of Parl. Records , there it resteth of Record to be found if occasion serve to search for it . And also if a Deed or a Patent be inrolled , there it remaineth of record to be seen , if need be , and any man that hath occasion may have a copie thereof , if they sue to the Judges and the officers of the place where the record lieth , and they may have it exemplified under the seal of the office of the same place where such record lieth , if he will be at the charge thereof . And also if a man have occasion he may plead the same record in any of the Keepers of the Liberties of England by authority of Parliament Courts . And the Lords steward may do the like with his Court Rolls .

Pleass of a Court Baron .

R H. plains against C.E. and A. his wife of a plea of Land , viz. of one Mess uage , two Cottages , twenty acres of medow pasture , with the appurtenances in I. within the Jurisdiction of this Court , and hath made protestation to pr●s ecute this plaint , in form and nature of the Writ of the Keepers of the Liberties of England , of Formd●n in remainder at the Common Law , and hath found pledges to prosecute that plaint in form and nature afores aid , viz. I.H. and R. M.and he requires proce ss hereupon to be made him , according to the Custom of the Mannor aforesaid , against C. and A. his wife , therefore according to the custom of the Mannor , the contrary of which within the memory of men is not used , commanded is it to the under Baily of the Mannor aforesaid , and Minister of the Court aforesaid that he summon by good summons the aforesaid C. and A. that they before the suiters of the Court afore said , at the next Court of the Mannor aforesaid on Thur sday viz. the 20. day of Ju. the year &c. at the Mannor aforesaid to be held , to ans wer the aforesaid R.H. of the afore said plea , &c. the same day is given to the afore s aid R. here , &c. at which next Court came as well the afores aid R. H.as the aforesaid C. and A. by I.R. their Atturney , and the aforesaid Manister of the Court afores aid returned here in Court , that he by vertue of the precept afores aid to him directed , s ummoned the aforesaid C. and A. by good s ummons , viz. by I.C. and R.R. to be here at this Court to answer the a●oresaid R.H. of the aforesaid plea of the afore said Messuage , two Cottages , twenty acres of Land , twenty acres of Medow , and twenty acres of Pasture , with the appurtenances as to him commanded was , and upon this the aforesaid R.H. demands against the aforesaid C. and A. the Tenements aforesaid with the appurtenances , as his right and inheritance , s aying , that a certain W.H. was s eised of the Tenements aforesaid , with the appurtenances in his demes ne as of Fee , at the will of the Lord , according to the custom of the Mannor aforesaid , and so sei sed being according to the cust●m of that Mannor , from the time out of the memory of men , used and approved , at the Court of the Mannor aforesaid , held at I. within the precinct of the Mannor aforesaid , Wednesday next after the Feast of P. the year , &c. by I.A. and T.P. deputies of the Bailies of the Mannor aforesaid , in the presence of T.C. T.S. R.L. I.M. T R. and I.B. then Tenants of the Lord of the Mannor afores aid , surrendered into the hands of the Lord , the Tenements afore said with the appurtenances , to the behoof and u se of a certain M. then wife of the afore said W.H. to hold for the term of her life , and after the deceas of the said M. the Tenements aforesaid , with the appurtenances wholy should remain to a certain I.H. the son of N.H. the brother of the aforesaid W.H. and the heires of his body lawfully begotten , and for defect of such issue of the s aid I. the aforesaid Tenements with the appurtenances wholly to remain to a certain E.H. daughter of the aforesaid W.H. to hold to her and the heires of her body lawfully begotten ; and for defect of such i ssue of the same E. the aforesaid Tenements with the appurtenances , wholly to remain to the right heires of the aforesaid W. H , and their heires for ever . By vertue of which surrender , the aforesaid M. was sei sed of the Tenements aforesaid in her demesne as of Frank tenement at the will of the Lord according to the custom of the Mannor afore said in the time of peace , &c. taking thereof the explees to the value , &c. And from the same M. remained a right by forme of the surrender afore said , according to the cus tome of the Manor aforesaid to I.H. by which the same I. was seized of the tenements aforesaid , with the appurtenances in his deme sne , as of fee-tail at the will of the Lord , according to the custome of the Manor by form of surrender aforesaid , in the time of peace in the time of the Lord Edward lately King of Englandthe s econd , taking the Esplers to the value , &c. and from him I. after the death of E. because both the aforesaid I. and E. dyed without heir of their body lawfully begotten , remained hath the right by form of the surender aforesaid , according to the custome of the Manor afores aid to this R , H , who now demands , viz. as son and heir of W.H. brother and heir of the aforesaid W. H , &c. and thereof produces his suit , &c.

And the aforesaid C and H , by T. their Atturney , come and defend their right , when , &c. and say that the aforesaid W , H. gave not the tenements afore said with the appurtenances to the aforesaid , and the heirs of his body issuing . So that if the aforesaid W , H , s hould die without heirs of his body issuing , the tenements with the appurtenances to the aforesaid R H. and the heirs of his bod● iss uing , s hould remain for ever in the form which the aforesaid R , H , by his Writ and Court aforesaid supposes , and of this , &c. therfore the twelve , &c.

Plaints of Mort d'ancester .

R.C. plains against W.L. and E. his wife , of a plea of land , viz. of one Mess uage , thirty Acres of Medow , and one hundred Acres of Pasture , with the appurtenances in L. within the jurisdiction of this Court , and made protestation to prosecute this Plaint in form and nature of the Writ of the Keepers of the Liberties of England , &c. of assise of Mort d'ance ster at the Common Law , &c. and he requires process for him to be made , according to Custom of the Mannor in form and nature of the Writ afore said to be directed to the Baily and Ministers of this Court , and that the s ame Baily and Ministers , by Mandate and precepts of the Lord of this Mannor , and according to the Cus tome of the same Mannor sum . by good sum . 12 good and legall men of the homage of the same Mannor , that they be before the senescal of the same Mannor , at the next Court within this Mannor to be held , ready by Oath to acknowledge , if R. C.the Father of the aforesaid R was seised in demesne as of Fee , at the will of the Lord , according to the Cu stome of this Mannor , the day he died , of and in one Mes suage , 30. acres of Medow , 100. acres of Pasture of Land custome of this Mannor with the appurtenances called C. within the Jurisdiction of this Court the day he died , and if the same R. the Father died within fifty years now last past , and if the aforesaid R. the son be next heir of the aforesaid R. the Father , and in the mean time the Lands and Tenements aforesaid let them view , and that they s um . by good sum . the aforesaid W. and E. who the same Lands and Tenements now hold , that they be there to hear the recogn . and he found pledges to pros ecute the plaint aforesaid .

I. Doo . R. Roo .

Barre .

And now here to this Court comes the aforesaid W.L. in his proper person , and saies that the aforesaid R. Father of the aforesaid plaintiff seised was not in his demesne , as of Fee at the will of the Lord , according to the Cu stome of this Mannor , the day he died of the aforesaid Messuage , and thirty acres of Medow , and one hundred acres of Pasture with the appurtenances , in manner and form as by the aforesaid plaintiff before is supposed , and this he requires may be inquired by the assise , and the afores aid plaintiff likewise , &c.

Entre in the Per and Cui .

TO this Court comes I.N. in his proper pers on , and plains against T. M of a plea of land , viz. of one Messuage , one Garden , and one Orchard with the appurtenances , and he found pledge to prosecute this plaint aforesaid , viz. I B. and R. R. and he protests to prosecute his plaint aforesaid of one Mes suage , one Garden , and one Orchard with the appurtenances in S. in nature and form of the Writ of the Keepers of the Liberties of England , &c. of Entre in the Per and Cui , saying that the same Messuage , Garden and Orchard with the appurtenances , are his right and inheritance according to the custome of the Manor aforesaid , and into which the aforesaid T.M. has not Entrie , but by E. lately the wife of W.M. and daughter of R.P. to whom the aforeaid R. P. and M. his wife those demised , who thereof unjustly , and without judgement disseised R. N.the father of him I.N. within 50 years last past , &c. & he requires processe therupon for him to be made against the afore s aid T. M.according to the custome of the Manor ; therefore according to the custome of that Manor commanded is it , to I.B. under Baily of the same Manor , & the Minister of the Court afores aid , that according to the custome of the Manor aforesaid , he s ummon by good summons the aforesaid T.M. that he be at the next Court , viz. the fourth day of M. next to come here to be held , to an swer the aforesaid I.N. the plea aforesaid , &c. the same day is given to I.N. here , &c.

Common Recovery in right Patent by cons ent.

TO this Court comes A.B. Citizen and Merchant of L. in his proper person , and plains against W.W. of a plea of land , viz. of one Messuage , one Garden , and one Acre of land with the appurtenances in I. held of this manner by copy of Court Roll , and makes protestation to pros ecute his plaint a●oresaid , in the Court aforesaid in form and nature of the Writ of the Keepers of the Lib. of Eng. &c. of right patent at the Common Law , according to the custome of the Manor , and found pledge to p●osecute his plaint afores aid here in the Court aforesaid , viz. Io. Den. and Ri. Fen. & requires proce sse thereupon to be made , against the aforesaid W.W. according to the custome of the Manor afore said , therefore according to the custome of the Manor afores aid , commanded it was to I.S. Baily of the Manor aforesaid , and Minister of this Court , that he summon the aforesaid W.W. so that he be here at the next Court of the Manor aforesaid here , viz. Saturday the 4. of Ianuary to bee held , to answer A. B.the plea afore said , and that then he have there the names of the summons and this writ , and the s ame day is given to the demandant here , &c. And now , viz. to this Court came the aforesaid W.W. in his proper person , & in ful Court here freely offered to answer the aforesaid A.B. the plea aforesaid by good summons , is to wit , I. D , R. R , according to the custome of the Manor aforesaid , and uppon this now to this Court the aforesaid A , B , viz. in his proper person , comes and demands against the aforesaid W , W , the Messuage aforesaid , Garden and Acres o● Land afore said with the appurtenances in I , aforesaid held of this Manor by copy of the Rolls of this Court , as his right and inheritance , and whence be sayes that himself was s eised of the tenements aforesaid with the appur●enances in his demes ne , as of the see and right , according to custome of the Manor aforesaid in the time of peace , &c. taking thereof the explees to the value , &c. And th●t such is his right he offers , &c.

Answer .

And the aforesaid W.W. comes and defends his right when , &c. and seisin , of which seisin , &c. as of Fee and right , &c. and especially of the Tenements aforesaid with the appurtenances and the whole , &c. and puts himself upon the homage of the aforesaid Keepers of the Liberties , &c. of the Court afore said , according to the custom of the Mannor aforesaid , and reque sts recogn . to be made , whether he more right has to hold the Tenements aforesaid with the appurtenances , as he holds , or the aforesaid A. B.to have the Tenements afore said with the appurtenances as he above demands , & c ,

Imparlance .

And the aforesaid A.B. requires license thereupon to imparle untill the eleventh hour before noon of the same day , and he hath , &c. and the same hour is given to the afore said W. here , &c. and after the same A.B. again came here into the Court the same day at the afore said hour in his proper person , and the aforesaid W.W. though solemnly exacted , came not again , but in contempt of the Court receded and default made , therefore according to custom of the Mannor aforesaid , granted is it by the Court that the afores aid A.B. recover his seisin against the aforesaid W. W.of the Tenements aforesaid with the appurtenances according to the custom of the Mannor afore said , to hold to the same A.B. and his heires according to the cus tome of the said Mannor quit of the aforesaid W.W. and his heirs for ever , and the same W.W. is amerced , &c. and now at this court the Lord in execution of the judgment and recovery aforesaid , by his Sene schal granted to the afore said A. B. of the tenements afores aid with the appertinences seisin , to hold to him , his heirs and ass ignes by the yard at the will of the Lord according to the custome of this Mannor , and he made therefore to the Lord a fine and fealty , and admitted is thereof tenant .

And after , to wit ) to this same court aforesaid A.B. then present being , came also the afores aid W.W. and surrendred into the hands of the lord the tenements afores aid with the appertinences to the behoof and use of the aforesaid A. B. his heirs & assigns for ever . And further the afores aid W.W. hath remi sed , released , and all things for him and his heirs for ever quit claimed to the aforesaid A. B. his heirs & a ss ignes , in his ful & peaceable possession & seisin being the day of the making the present , all his right , estate , title , claim , interest or demands whatsoever , which at any time he had , has or by any manner hereafter have may of or in the tenements aforesaid with the appertinences , or in any parcel of the same , so that , viz. neither the aforesaid W.W. nor his heirs , nor any of them , any right , title , e state , claim , interes t or demand of or in the tenements afores aid with the appertinences , nor in any parcel of the same hereafter exact , claim or challenge may nor ought for the future , but from all action of right , title , claim , use , interest and demand therefore to be made , for ever be excluded , and let every of them be excluded by the se presents . And besides the aforesaid W.W. grants for him self and his heirs , that he does warrant the tenement afore said with the appertinences to the aforesaid A. B. and his heirs against all men for ever .

Common recovery in Entrie in the Post by consent .

And after ( to wit ) to this Court came R.M. and W.M. and plain against the foresaid M.M. a plea of land , viz. of the aforesaid eighteen acres of meadow , and made prote station to follow this plaint in form and nature of the writ of the Keepers of the Liberties &c. of entry upon dis seisin in the post ; and upon this the aforesaid R. and W.M. in their proper persons demand against the aforesaid M.M. the aforesaid eight acres of meadow with the appertinences in I. within the Jurisdiction of this Court , as their right and inheritance , and into which the said M.M. entry has not , but after the dis seisin which H.H. thereof unjustly and without judgment made to R. and W. within thirty yeers now last past , & c. and whence they say , that themselves were se●sed of the afores aid eight acres of meadow with the appertinences in their demesne , as of fee and right at the will of the Lord , according to the custom of the Mannor afore said , taking thereof the explees to the value &c. And into which &c. And thereof they produce their suit , &c.

And the aforesaid M.M. in his proper pers on came , and defends his right , whence &c. and vouches thereof to warrant the aforesaid W.T. who present is here in Court in his proper pers on , and freely the aforesaid eight acres of meadow with the appertinences to him warrant : And upon this the aforesaid R. and W.M. demand against him W. T.tenent by his warrant aforesaid , the eight acres of meadow with the appertinences , whence they say themselves were seised of the same eight acres of meadow with the appertinences in his demesne , as of fee and right , at the will of the Lord , according to the custom of the Mannor aforesaid , in the time of peace , &c. taking thereof the explees to the value , &c. And into which , &c. And thereof they produce their suit . &c.

And the aforesaid W.T. tenent by his warrant defends his right when , &c. and further vouches thereof to warrant C.D. who ( to wit ) present is here in Court in his proper per son , and freely the aforesaid eight acres of meadow , with the appertinences to him warranteth , &c. and upon this the s ame R. and W.M. demand against C. tenant by warranty the afore said eight acres of meadow with the appertinences , whence they say thems elves were seised of the same eight acres of meadow with the appertinences in his deme sne as of fee and right , at the will of the Lord , according to the cus tom of the Mannor aforesaid , in the time of peace , &c. taking thereof the explees to the val , &c. and into which , &c. and thereof they produce their suit , &c.

And the aforesaid R. and W. M. require licence to imparle , and have it , &c. and after the same R. and W.M. againe came here into the Court , at the same Court , in their proper persons , and the aforesaid T. though solemnly exacted he was , came not againe , but in contempt of the Court rereceded , and default made , therefore granted is it that the aforesaid R. and W.M. recover their s eisin against the aforesaid M.M. of the aforesaid eight acres of meadow with the appertinences , &c. and that the same M.M. have of the Land of the said W.T. to the value , &c. and that the same W. T. further have of the Land of the aforesaid C.D. to the value , &c. and the same C. is amerced &c. and upon this the aforesaid R. and W.M. request a precept to make them have plenary seisin of the aforesaid eight acres of meadow with the appertinences , to the Minister of the Court aforesaid to be directed , and to them is it granted returnable here without delay , &c. And after ( to wit ) this same first day of April , came here into the Court aforesaid , R. and W. M in their proper persons , and the Minister of the Court aforesaid , viz. R.W. certified to the Court afore s aid , that he by vertue of the precept aforesaid , to him thence directed the first day of April , to have made the aforesaid R. and W. M. ful seisin of the afores aid eight acres of meadow with the appertinences as by the precept aforesaid to him commanded was , &c.

And after , to wit , to this same Court the afore said R. and W.M. and the foresaid W.T. then present being came and surrendred into the hands of the Lord in the same Court , the foresaid eight acres of meadow with the appertinences to the behoof and use of the aforesaid M.M. his heirs and assignes , to whom the Lord by his Seneschal aforesaid granted thereof sesin by the yard , to have and to hold to him and his heirs , at the will of the Lord , according to the custome of the Mannor aforesaid , &c. and further the aforesaid R. and W.M. and W.T. have remised released and altogether for themselves and their heirs for ever quit claimed to the aforesaid M.M. his heirs and assignes in his full and peaceble possession , being in full Court , all their right , estate , claim , interest or demands whatsoever , which at any time they have had , have , or in any manner for the future have may of or in the foresaid eight acres of meadow with the appertinences , or in any parcel thereof , so viz. that neither the fore said R. and W.M. and W.T. nor their heirs , or any of them any right , title , estate , claim , interest or demand , of or in the foresaid eight acres of meadow with their appertinences , hereafter exact , claim or challenge may nor ought for the future ; but from all occasion of right , title , claim , use , interest and demand thereof to be made excluded , and let every of them be excluded for ever by these presents . And further the foresaid W.T. grants for himself and his heirs , that he does warrant the fores aid eight acres of meadow with the appertinences to the foresaid M.M. and his heirs against all men for ever , &c.

Upon buying .

G.B. plains against R.G. a plea of debt of xxx . s. iiii . d. for that , viz. that when the afore said R.G. the tenth day of April the year , &c. at I. within the Juri sdiction of this Court bought of the same G. B.thirteen jars of oyle , called meat oyle , for fifteen shillings and three pence , one hundred of madder for fifteen s hillings and one penny , to be paid to the same G.B. when therefore required he was , which summes in the whole amount to the foresaid xxx . s. iiii . d. afore said . Yet R. G. though often required he was for the foresaid xxx . s. iiii . d. it to the s ame G.B. hath not yet rendred , but to him to this time to render it hath refused , and yet refuses ; wherefore he sayes that the worse he is , and dammage has to the value of x. s. and thereupon produces his s uit , &c.

And the aforesaid R.G. by A. his Atturny comes and defends the force and injury when , &c. and saith , that he ●weth not to the aforesaid G.B. the afores aid 30. s. 4. d. ●or any penny thereof , in the form which G.B. above against him plaines : therefore granted is it , that the foresaid R.G. wage thereof his Law of the twelfth hand , pledg of Law I.M. and R.F. and they came with their Law ●●re at the next Court , in proper person , and said it was 〈◊〉 the foresaid Atturny of the fore said R.G. that then ●hey have here the same R.G. their Master in his proper ●ers on , to the perfecting his Law aforesaid , &c.

At which day here came the foresaid R. G.and perfe●ied thereof his law aforesaid of the twelfth hand , as it a●ove he waged : therfore granted it is that the foresaid plain●if nothing take by his plea foresaid , but be amerced for his ●●lse clamor thence , &c. and that the foresaid defendant go without day .

And as for all other actions which will lie in this Court , you shall find s ufficient presidents for them 〈◊〉 the Hundred Court , parcell of this booke , whereunto ●refer you .

Writ of Grand Cape .

I.W. Seneschal to the baily of the same Mannor greeting . I command thee that thou takest into the hands of the Lord , by view of good and legal men of this Mannor the third part of one messuage , and twenty acres of land with the appertinences in I. which A.I. in this Court , &c. claims against T.I. lately of I. as the dower of her , of the indowment of the foresaid C.I. sometime her husband by writ of dower , whereof nothing she has for defect of him T. and the day of taking make known to me , and summ by good summ the sa●● T. that he be here at the next court , thereof to ans wer , a●● shew why he was not here at the last court , as s ummoned 〈◊〉 was , and leave there the names of those by whose view this thou hast done , the s umm witnesse , &c.

The entre of the Grand Cape .

A. Which was the wife of C.L. by A.B. her Attur● offered her self at this Court against T.I. concerning a ple● of the third part of one mes suage & twenty acres of 〈◊〉 with the appertinences in I. which the same A. in this court here claimes as her dower of the indowment of the foresaid I.C. sometime her husband , because the tenements afores aid are within this Lordship , and women which after the death of their husbands of tenements in I. foresaid being , dowable are , according to the cus tome of the same Manner of A. time in which there is not memory of men used , of the third part of the s ame indowed ought to be , &c. and he came not and is s ummoned , &c. therefore by judgment of the court let the third part aforesaid with the appertinences b● taken into the hand of the Lord , &c. and the day , &c. the fores aid summ that he be here at the next court , &c.

Petit Cape .

I.W. Seneschal to the baily of the same greeting . Thee I command that thou takest into the hand of the Lord by the view of good and legal men of this Mannor one messuage with the appertinences which A.C. in this Court claims as his right , against B.R. by plaint of formdon in remainder , for defect of him B. and the day of taking known make to me at the next Court , and summ the foresaid B. R.that he be here before , &c. such day , thereof to answer and shew , why he was not here in this Court before , &c. such day next past as summ he was , and have there this precept , and how , &c.

Entre of the Petit Cape .

T. Q.Esq . and I. his wife by their Atturney oppose themselves the fourth day , against H.B. of I. and A. his wife , concerning a plea of land of the third part of eight messuages , and eight yardlands of land with the appertinences in I. which the foresaid T. and I. in this Court claim as their dower of her A. of the indowment of G.S. sometimes her husband , against them , and they came not : And they had therefore day here untill this day , to wit , the tenth day , &c. after at another time they had appeared in Court ; therefore by judgement let the third part aforesaid with the appertinences be taken into the hand of the Lord , and they be summ , &c. that they be here the day , &c. to hear thereof their judgment , &c.

Habere facias seisinam .

I.W. Seneschal to the baily of the same greeting . Know that A.B. in the Court held such day , by con sideration of the same Court recovered his seisin against B. C. of eight acres of land with the appertinences in I. by default of the aforesaid B. And therefore I command thee that to the same A.B. plenary seisin of the tenements aforesaid , with the appertinencies , without delay sei sin thou make to have . And have there this precept , and how , &c.

Given , &c.

The manner and form how to keep an Hundred Court , or Court Baron , commonly called a three-weeks Court , and a Court of Ancient Deme sne , as followeth .

FIrst the Steward must enter in his Court book the Stile of the Court thus :

The Court of R.T. Knight , of the Mannor or Hundred of A. Westbrook , held there such day and yeer , &c. before A.B. and C.D. suitors of the same Court .

This done , then the bailif must say O-yes ; that is , he must make an O-yes , and say Essoines and proffers before the Court three times , and then say . All manner of persons that have any thing to do at this Court , draw neer , and give your attendance , and if any man wil be essoined , let him come forth and he shal be received ; or if any man will enter any plaints , let him come and he shall be heard .

This done , if any man will enter any plaints , you must enter them after this manner :

A.B. plains against C.D. a plea of debt , or a plea of trespass , or a plea of ●aking and unjust deteining his cattel , or such like &c.

And if any man will be ess oined , you must enter their essoines thus .

I. S is ess oined for suit of Court by W. D.

Also there be four other manner of essoins which are seldome used to be cast , and thes e be they , viz. If a man be in the warres of the Parliament of England , or Emba ssage , or in any other of the Parliaments of Englands busine ss , or beyond the seas , or if any man be sick in his bed , or if any man be letted or hindred by water , so that he cannot come to the court : which essoines must be entred after this manner .

I.S. e ssonied is because he is in the service of the Parliament , &c. A.S. is essoined because he is beyond sea . T.S. is e ssoined because he is sick in bed . W.G. is essoined because he could not come for the overflow or height of water .

And there be other two manner of essoines which are in plea , the one after summ , or attachment , and the other after issue joyned , are to be entred after this manner .

I.S. who s ummoned was , or attached was to be here at this court to answer to T.K. a plea of debt , or such like , now essoined is by W.D. &c.

And the other must be entred after this manner .

I.S. who hath day until this court , who the issue joyned betwixt T.K. plaintif and I.W. defendant , now essoined is by D.W. &c.

And if it be upon a wager in Law , then it must be entred after this manner .

I.S. who hath day to this court to make his law against T.K. plaintif in a plea of debt now ess oined is by W.D.

And in like manner the plaintif may be essoined if he will ; and if the one party be essoined at one Court , the other party may be essoined at the next Court following .

And you must understand , that whosover will cast any essoin in these Courts , he must come at the beginning of the Court when proclamation is made , or else he ought not to be received .

And note also , that in all these cases following , the party cannot be essoined : first if he have an Atturney in the self same plea pre sent in the Court , or if the party himself be seene in the Court , or if there be no plea , if the party made default at the last Court before , then he cannot be essoined , or if he come in by Cepi corpus , or distress , or if he come in the end of the Court , he cannot be e ssoined , as appeareth by the statute of Essoines made in the 21. yeere of E. 2.

And you must also understand , that for every default that the defendant maketh after this appearance , and day given to ans wer or do his Law , and then make default at any day , he shall be called non-s uit , and he and his pledges amercied , and that is where the plaintif is a stranger dwelling out of the jurisdiction of the Court , where he finds pledges , if the case should pass against him , his pledges mus t then pay the defendants cost , which is a thing ever reas onable , but s eldome or never used .

And the Steward of the Court , at the beginning of the Court must inquire of the Bailife how he hath served the attachments and distresses , and other precepts to him directed , and if he say that they were served , then call the parties , and if the plaintife have not his declaration ready when the defendant appeareth , he must be called non-suit , thus . A.B. come forth and prosecute thy Action against C.D. or else thou wilt be non-suit : and if he come not forth sitting the Court , or some for him to crave further time to declare , which the Court in discretion may grant him , then he shall be non-suit of course : and if the defendant make default , processe must goe forth against him : and in a personall Action the processe are summons , attachment , and distresse infinite , which attachments and distresses must be reasonable , and not outragious , according to the statute of Marlebridge cap. 4. And if the defendant make default upon the attachment or distress , they being served , and so returned by the bailif , then the goods so taken by attachment or distress be forfeit to the Lord of the Court , and the defendant shal al so be amerced , and a new Distringas shall go out against him . And if the defendant appear and then after make default , he shall be condemned by default , and a nihil dicit entred against him , and the Steward must enter both the effect of the declaration for the plaintif , and of the plea or answer for the defendant .

And if the parties plead to an issue triable by an Inquest , process must be made to summon the Jury , viz. a venire fac , and if the defendant be condemned either by default or by verdict , then a Levare fac s hall be awarded to make levie of his goods , and thereupon the defendants goods shall be taken , praised , and sold to satisfie the party plaintif , and if the defendant have no goods whereupon levie may be made , then the plaintif is without remedy , except it be by a private custome , which is used in some places , to take the body , then the body may be taken by a Capias ad satisfac and laid in prison , there to remain untill the plaintif be satisfied : but you must understand that in a county Court , hundred Court , or court Baron , there can be no plea held where the debt or damages amount to ten s hillings or above .

And it is a maxim in law , that in all courts which are not courts of record , the matter if it be for debt , ought to be tryed by oath , that is , by wager of law by the defendant and not otherwise , unless it be by as sent of both parties .

The forme of Proce sse in base Courts , which are Courts of Record .

A Summons .

COmmanded it is to the Baily there that summ he make C. D.that he be here at the next Court to answer A.B. in a plea of debt , detinne , tres pass , or such like .

An Attachment .

Commanded it is to the Baily there , that he attach C.D. by his goods and chattels , that he be at the next court , to answer A.B. of a plea of debt , or such like .

A Distringas .

Commanded it is to the Baily there that he distrein E.D. by his goods and chattels , that he be here at the next Court , to answer A.B. a plea of debt , &c. witness I.W. Gent. Senesc . there .

Al dis tring & plur. distring .

Commanded it is to the baily there as else , or many times to thee commanded was that thou distrein &c. as above .

A Venire fac.

Commanded is it to the Baily there , that to come he caus e twelve good and legall men of his bailywick , that they be here at the next Court , to try the i ssue joyned betwixt A.B. plaintiff , and C.D. defendant , of a plea of debt , or such like .

And if a full Jury do not appear , then as many as make default , and be not essoyned , shall be amercied , and a Decem tales awarded to summon ten more , as followeth , and the s ame day given to the first Jury .

Decem tales .

Commanded it is to the Baily there , that he to come cause ten such good and legall men of his bailiwick , that they be here at the next Court with others , who to them and there may be a ssociated , to try the issue joyned betwixt A.B. Plaintiff , and C.D. Defendant , concerning a plea of debt , or such like .

At which day as many as make default , and be not e ssoyned , shall be amercied ; and then an Octo tales shall be awarded ; and after that , if need be , a Sex tales .

And if there appear a full Jury , then both the parties shall have their challenges lawfull to the Jurors ; and if the Jury finde for the plaintife , then they must give cost of suit and damages : and in the like manner they shall assess damages , if they find for an Advowant in a Replevin , &c.

A levare fac.

Command the baily there that of the goods and chattels of G.D. to be levied he cause xx . s. which A.B. in this Court recovered against him , in a plea of Debt , or such like , and for his mises and Co sts 12. d. So that those monies he have here at the next Court , to render to the foresaid A. B.Witness , &c.

And if the bailife returne that he can find no goods of the said C.D. then if the custome serve , he may have a Capias to take the body and lay him in prison , untill such time as he hath satisfied the party . The forme of which precept is thus :

A Cap ad satisf .

Commanded it is to the baily there that he take C. D. and him in his prison safely to be kept cause , untill he has satisfied A B. as well of the xx . s. for debt which the foresaid A.B. recovered against him , as of the 12. d. for his mises and costs , &c. witness , &c.

And if any goods be taken wrongfully , then the party grieved may have a replevin , which must be made after this manner .

A replevin .

I.W. Gent Senesch . of R. T. Kn. to R.F. baily of the hundred of A. greeting . Because A.B. has found me sufficient s ecurity , as well his clamour to prosecute , as for his beasts , viz. one oxe which C.D. took and unjustly deteins as it is said , to be return , if the return thereof be adjudged , therefore thee I charge and also command , that the ox aforesaid to the aforesaid A.B. without delay replevied to be and delivered thou causest , and put by surety and safe pledg the foresaid G.D. that he be at the next court at A. aforesaid to be held , to answer the fore said A.B. a plea of taking and unjust deteining of his ●oxe aforesaid , and how this my precept shall be executed , to me at the next Court at A. aforesaid to be held make known , under perill incumbent , together with this precept given under my seal the tenth day of April , the year , &c.

I.W. gent Seneschal there .

And if the Bailif do not deliver the plaintif his cattell by vertue of the said Replevin , then the plaintif may have an Alias replevin with these words , vel causam mihi significes , which Replevin must be made after this manner .

Al replevin .

I.W. Gentleman Seneschal of R.T. to R. F.baily of his Mannor or bund of A. greeting . Because A.B. hath found me s ufficient security , as well his clamour to prosecute , &c. ( as in the other replevin ) therefore I charge and also command thee as else thee have I commanded , that the oxe aforesaid to the same A.B. without delay to be replevied thou causest , or the cause to me thou signifiest wherefore my mandates to thee therefore directed execute thou wouldest not or mightest not , and put by suerties and safe pledg , &c. as before in the other replevin .

And if the Bailif do not deliver the plaintif his cattell upon this Replevin , nor shew sufficient cause why he did not , then the party may have a Pluries replevin , vel causam mihi s ignifices , which must be made verbatim as the alias Replevin was made , onely changing this word alias into Pluries . And if the bailif return upon any of these Replevins ; quod averia elongat sunt ad loca sibi ignot , Ita quod a veria ill pref. C.D. deliberar non potuit , then the plaintif may have a Withernam , which must be made in this manner .

A Withernam .

I.W. Gent Seneschal of R. T. Knight , to R.F. Baily of his Mannor or Hundred of A. greeting . Since that A.B. hath found me s ufficient s ecurity as well his clamour to prosecute , as for return to be had of one ox , &c. if the return thereof be adjudged , which E.D. at C. took , and unjustly detains , as it is s aid , and the aforesaid baily upon divers my precepts for replevie to be made to the same baily directed , me hath certified , that the same oxe eloygned is to places to him unknown , so that view of the same have he could not . Therefore thee I charge and also command , that thou takest in Withernam chattels to the value of the said Ox , of the chattels of the said C.D. to be delivered to the foresaid A.B. for the Ox afore said so eloigned , and put by sureties and safe pledges the afore said C.D. as above in the first replevin , &c.

Deliverance .

I.W. Gent Seneschal of R. T. of the Court of his Mannor or Hundred of A. to R. F.baily of the Mannor or Hundred aforesaid ; as also to R. B.and I.S. bailies this time onely , greeting . Of the part of the Keepers of the Libert of &c. you and every of you , joyntly and severally I command , that to be delivered you cause , or one of you to be delivered cause to C.D. his beasts , which A.B. took and unjustly deteined against surety and pledg , as is s aid . And that you put , or &c. the foresaid A.B. that he be here at the next Court to be held , the foresaid C.D. to an swer concerning the plea aforesaid , and the answer of this precept make known to me , or &c. at the next Court. Given , &c.

Al Capias in Withernam .

I.W. Gent Sene such of R.T. knight of his Mannor or hundred of A. to the baily of the hundred of A. as als o to A.D. and C.B. my bailies for this time Itinerant , greeting . Because R. E. baily of the hundred aforesaid , at the Court of this hundred before me held at A. such day and year , &c. to me hath returned that by vertue of my warrant to him many times directed , he came to the pound of I.D. to ●he place where the beasts aforesaid impounded and deteined were by the same I.D. and these beasts going and eloigned were before his coming , out of the hundred afores aid , to places to him unknown , by the aforesaid I.D. for which the beasts afore s aid the baily foresaid replevie could not ; wherefore con s idered it is by the Court , willing the malice of him I. to meet with , that the beas t s of the foresaid I. be taken in Withernam to the value , &c. and those to the foresaid A. B.be delivered safely and surely to be kept , untill to the same A. B.his beasts afores aid , according to Law , replevie you can , and according to the tenor of my mandate aforesaid : therefore you and every of you , jointly and s everally I command , that ye take , or , &c. the beasts of the fore said I. D. to the value , &c. in Withernam , and those to the foresaid A.B. to be delivered you cause , or , &c. safely and surely to be kept untill , &c. and distrein ye , or , &c. the aforesaid I.D. so that he be at A. at the next Court there to be held , to answer the foresaid A.B. the plea foresaid , and the an swer of this my precept known make ye , &c. at the next Court. Given under the seal of my Office such day and year , &c.

Note that when the said Replevin is granted , there must be a bond taken of him to whom it is granted , or of some other for him , to appear at the next Court , and to prosecute his s uit with effect , or else it may be prejudiciall both to the granter 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 I. Anton. D. of A. in the County of S. Gent. am held and firmly obliged to Richard T. Kn , Lord of the hundred of A. in ten pounds of good and lawfull money of England , to be paid to the same R. or his certain Atturney , his executors or Assignes : to which payment well and truly to be made , I bind me , my heirs , executors and administrators firmly by these presents with my seal sealed . Dated the tenth day of February , the year , &c.

The Condition thereof .

The Condition of this Obligation is such , That if the above bounden A. D.do appear the next Court of the above named Sir R. T. to be holden within this Mannor of A. in the Countie of South-hampton , and then and there prosecute with effect his suit or action against A.B. for the wrongfull taking and detayning of his cattell , as he hath alleaged , and do make return thereof , if returne thereof s hall be adjudged in the said Court by course of Law , and also do save and keep harmless the s aid I.W. Steward of the said court , and the balifs in all things touching or concerning the granting or execution of the said Replevin , without fraud , covin , or delay , That then this present obligation to be void , and of none effect , or el se the s ame to stand , remain , and continue in force , strength , and vertue .

And if it be Ancient Demes ne , then they use to acknowledg Fines , and suffer recoveries of their land which they buy and sell within Ancient Demesne , and that is by the Keepers of the Liberty of England by authority of Parliament their Writ of Right Close , issuing out of the Chancery , directed to the bailif of the court , and they are entred in the court book after this manner :

Alton Westbrook , the form and manner of a Fine there .

The Court of Richard T. and H. his wife , there held Thursday the tenth day of I. the yeer &c. before Richard B. and I. suiters of the s ame Court , according to the custom of the same Mannor , from the time who se contrary in the memory of man is not . To this Court came I.M. in his proper person , and brought here into the Court the Writ of the s aid Keepers of the Libert of &c. of Right Clo se , against I. F.and S. his wife , to the baily of R. T.Knight and H. his wife , of his Mannor of Alton Wes tbrook directed , and in form of right according to the custome of the Mannor afore s aid , to be executed and determined : of which Writ the tenor followeth in these words : The Keepers , &c. and so reciting the whole Writ word by word , &c. Upon which the foresaid I. M.according to the custom of the Mannor aforesaid , hath made protestation to pros ecute his Writ aforesaid against the foresaid I.F. and S. his wife , in form and nature of the Writ of the Keep of the Lib &c. of covenant at the common Law , a Fine thereupon betwixt them of the tenements aforesaid with the appertinences in the writ aforesaid specif . to make and levie , requiring that I.F. and S. his wife may keep to him the covenant of the tenements aforesaid , with the appertinences in Alton Westbr . and he found pledg to prosecute his Writ aforesaid , viz. I.D. and R.R. Upon which the same I. F. and S. his wife solemnly exacted are , and appeared ; and upon this the same I. F.and S. his wife request licence to concord with the foresaid I. M.the plea foresaid , and they give the Lord for such licence 3. s. 4. d.

And the concord is such , viz. That I.F. and S. his wife do recognize the tenement afore s aid with the appertinences to be the right of him I.M. as tho se which the same I.M. hath of the gift of the foresaid I. F.and S. his wife , and those have remised and quit-claimed from them and their heirs , to the foresaid I.M. and his heires for ever : And further the same I.F. and S. his wife have granted for them and the heirs of I.F. that they do warrant the tenement aforesaid with the appertinences to the fores aid I. M.and his heirs , against the foresaid I.F. and S. and the heirs of the foresaid I.F. for ever : And for this recognizance , remission , quit-claim , warrant , fine and concord , the same I.M. hath given the foresaid I.F. and S. his wife xl . Mark s terling , &c.

The stile of the Court must be set down as it is before in the fine , mutatis mutandis , and is as occasion shall serve . Then thus :

The form of a Recovery there .

TO this Court came R.H. and T.S. in their proper persons , and they brought here in the Court the Writ of the Keepers of the Libert of Right Close against I.M. to the Baily of R.T. Knight , and H. his wife , of their Mannor of Alton Westbrook directed , in form of right , according to the custome of the Mannor aforesaid , to be executed and determined , of which Writ the tenor followeth in these words : The Keepers , &c. and so reciting the Writ word by word ( as above in the Fine . ) Upon which the foresaid R. H. and T. S.according to the custom of the Manor aforesaid , made prote s tation to prosecute this writ aforesaid against I. M.in form and nature of the Writ of the Keepers of the Liberties , & c. of right at the common law , and they found pledg to prosecute their Writ aforesaid , viz. I. Doo . R. Roo . and they require processe for them to be made against the aforesaid I. M.according to the custome of the Mannor aforesaid , and the foresaid I.M. s olemnly exacted , appeared , and came here into the Court in his proper pers on : whereupon the same R.H. and T. S. demand against the foresaid I.M. the tenements aforesaid with the appertinences as their right and inheritance , and into which the same I.M. had not entrance , but after the disseisin which H.H. unjustly and without judgement made to the foresaid R. H.and T.S. within thirty years , &c. and whence they say that themselves were s eised of the tenements aforesaid with the appertinences in their Deme sne as of fee and right , in the time of peace , taking thereof the explees to the value , &c. and into which , &c. And thereof they produce their s uit , &c.

And the foresaid I.M. in his own person came , and defends his right , when , &c. and vouches thereupon to warrant I.F. who present is here in Court in his proper person , and freely the tenements aforesaid to him warrants , &c. And upon this the same R. H.and T.S. demand against him I.F. by his warrant , the tenements aforesaid , with the appertinences in form afores aid , & c. and whence they say that themselves were seised of the tenements afore said in their Deme s ne , as of fee and right in the time of peace , taking thereof the explees to the value &c. into which &c. and thereof they produce their suit . And the afores aid I. F.tenant by warranty defends his right , when &c. and vouches thereupon to warranty I.P. who in like manner present is here in Court in his proper person , and freely the tenements aforesaid to him warrants : and upon this the same R.H. and T.S. demand the tenements aforesaid with the appertinences , in form aforesaid , and whence they say that themselves were seised of the tenements aforesaid , with the appertinences in their demesne as of fee and right , in the time of peace , & c. taking thereof the expleces to the value &c.

And the foresaid I. P.tenant by his warranty defends his right , when , &c. and puts hims elf upon the great assise of the Keep of the lib. &c. and praies recognis to be made whether he more right hath to hold the tenements aforesaid , with the appertinences as tenent thereof by his warranty as he holds , or the foresaid R.H. and T.S. to have the same tenements with the appertinences as they above demand , &c. and the foresaid R.H. and T. S.pray licence thereupon to imparle , and they have it , &c.

And after the same R.H. and T. S.came again here in to the Court , viz. this same day in their proper persons , and the foresaid I.P. although s olemnly exacted , came not again , but in contempt of the Court receded and default hath made , therefore considered it is by the Court that the foresaid R. H. and T.S. recover their seisin agains t the foresaid . I. M. of the tenements aforesaid with the appertinences , to hold to the s ame R.H. and T.S. and their heirs quit of the foresaid I. M. and their heirs , as also of the foresaid I.F. and his heirs , and also of the fore said I.P. and his heirs for ever ; and that the same I.M. have of the land of the fore said I. F. to the value , and that the same I.F. have of the land of the foresaid I.P. to the value , and the same I.P. is amerced , &c.

Ex by I.W. Seneschal there .

Now here doe follow divers and sundry formes of declarations and pleadings incident and belonging to this Court , as followeth .

A declaration for a debt upon s pecialty .

WIll . S. summ was to ans wer E.F. a plea that he render to him 39. s. which he to him oweth , and unjustly deteineth , &c. and whence the same E. by I.B. his Atturny sayes , that whereas the aforesaid the fifth day of March , the year , &c. at A. within the jurisdiction of this Court by a certain his writing obligatory had yeelded himselfe to be bound to the same E. in the foresaid 39. s. to be paid to the same E. when therefore required he should be , the foresaid W. notwithstanding though often required , the foresaid 39. s. to the same E. as yet hath not rendred , but those to him hitherto to render refused , and yet refuses , whence he sayes he is the worse , and dammage hath to the value of xx . s. and thereof produces his suit , &c. and bringeth forth here in the Court the writing aforesaid , which the debt aforesaid in form aforesaid , witnesses , whose date is the day and year abovesaid , &c.

Pledg of prosecution J. Doo . R. Roo .

Barre in debt .

By ready to pay , and offers . ANd the foresaid defendant came , and defends the force and wrong when , &c. and sayes that he at all times from the foresaid fifth day of March the year abovesaid , hitherto , ready hath been and yet is to pay to the foresaid plaint the foresaid 39. s. and those here in the Court proffereth ready to pay , upon which the same plaint those 39. s. here in the Court received , therefore the fores aid defendant is thereof quit , &c.

A declaration upon a bill oblig .

I.H. summ was to answer I.H. a plea that he render him 30. s. which to him he oweth , and unjustly deteineth , &c. and whence the same I.H. by I. B. his Atturny saith , that whereas the foresaid I.H. the fifteenth day of Octob. the year , &c. here at A. within the jurisdiction of this Court , by a certain his bill obligatory which the same J. Hammon with the seal of him J. Holtsealed , here in the Court bringeth forth , whos e date is the same day and year , acknowledged himself to owe to the same J. Ham. xv . s. to be paid to the same J. Ham. his executors , administrators or assignes , in or upon the feast of Pentecost then next following the date of the bill afores aid , and to the same payment well and faithfully to be made , the same J. Holt had obliged himself , his heirs ; executors and adminis trators to the same J. Ham. in the fores . xxx . s. which he acknowledged by his bill aforesaid to satisfie , for not payment of the foresaid xv . s. and the s ame J. Ham. in fact s aith , that the foresaid J. Holthath not paid the same J. Ham. the xv . s. nor any penny thereof , according to the form and effect of the bill aforesaid , by which action accrues to the same J. Ham. to have an exact of the fores aid J. Holt the foresaid xxx . s. afore s aid , yet the foresaid J. Holt though oftentimes required the s ame xxx . s. to the same J. Ham. as yet has not rendred , but those to him hitherto to render refused and yet refus es . Wherefore he saith that he the worse is , and dammage hath to the value of x. s. and thereof produces his suit , &c.

Barre by within age .

ANd the foresaid I. Holt by I. F.his Atturney came , and defends the force and wrong , when , &c. and saith that he with the debt aforesaid by vertue of the bill afore said charged ought not to be , because he saith , that at the time of the making the bill aforesaid he was within the age of 21. years , and this ready is he to verifie ; whence he prayes judgment , whether the foresaid I. Hammon his action aforesaid by vertue of the bill aforesaid in form afores aid made against him to have ought .

Replicat and Rejoinder .

ANd the fores aid . I. Hammon sayth , that he by any matters praealledged , from his action afore said having , praecluded ought not to be , because he saith , that the foresaid I. Holt at the time of the making the bill aforesaid was of full age of 21. yeares , and not within age , and this he prayes may be inquired by the Country , and the foresaid I.H. likewise ; therefore the twelve , &c.

Debt upon reteiner for wages .

A.B. &c. summ was to ans wer C.D. a plea that he render to him 39. s. which he oweth to him , and unjustly detcineth , and whence the same C. by D.W. his Atturny saith , that whereas the foresaid A. the x. day of March , the year , &c. at S. within the Jurisdiction of this Court had reteined him C. to serve the same A. from the same day for one whole year next following in the office of one Valet , the commands and businesses of him A. whatsoever lawfull and honest according to his power and knowledg to the doing , s olliciting and executing , taking of the same A. for his s alary for that time 39. s. and the same C. the foresaid A. in the office aforesaid , for the time aforesaid well and faithfully had served , all his commands and bus ine s ses lawfull and honest according to his power and knowledge , during that time , well and faithfully had done , sollicited and executed , and the fore said 39. s. to the s ame C. for his salary foresaid , by the time aforesaid behind , were not pay'd ; wherefore action accrued to the same C. to exact the s ame , and to have of the aforesaid A. the same 39. s. the foresaid A. notwithstanding that he often required , the foresaid 39. s. to the same C. hath not rendred , but those to him hitherto to render hath refused , and yet refus es ; wherefore he saith that he the worse is , and damage hath to the value , &c. and thereof produces his suit .

Barre by nothing him he owes .

And the foresaid A.B. by I.W. his Aturny came , and defendeth the force and wrong , when &c. and saith that he oweth not the foresaid C.D. the foresaid 39. s. nor any penny thence in the form which the same C. above against him warranteth : And this he prayes may be inquired by the country , and the foresaid C. likewi s e. Therefore the 12. &c.

A confession in debt .

And the foresaid A. by I. W.his Atturney came , &c. and saith he cannot deny the action aforesaid of C. afore said , nor but that he oweth the aforesaid C. the aforesaid 39. s. as the aforesaid C. above against him hath declared : therfore granted is it , that the foresaid C. may recover against the afore said A. his debt aforesaid and his dammages by occasion of the deteining that debt to 40. s. to the s ame C. of his assent by the Court here are adjudged , and the fores aid A. is amerced , &c.

Debt upon he borrowed .

A.B. attached is to answer E. F.a plea that he render him 30. s. which to him he oweth and unjustly deteineth , and whence the same E.F. by I.W. his atturney saith , that the same foresaid A.B. the 10. day of F. the year , &c. At &c within the Juri sdiction of this court borrowed of the same E.F. 30. s. to be paid to the same E.F. when therefore required he was ; notwithstanding the foresaid A.B. though often required the fore s aid 30. s. to the same E.F. as yet hath not rendred , but those to him hitherto to render refused , and as yet refu ses , wherefore he saith that the worse he is , and damage hath to the val of x. s. and thereof produces his suit , &c.

Imparlance .

And the fores . A. by S.T. his Atturny comes and defendeth the force and armes , when &c. and prayes licence thereupon to imparle here until the next Court , and hath it , &c. The same day is given to the foresaid C. here , &c.

By threats .

And the foresaid W. by N. E.his atturny comes and defendeth the force and wrong , when , &c. and he saith , that he to the debt aforesaid by vertue of the writing charged ought not to be , because he saith that the foresaid R. the time of the making the writing aforesaid , to the same W. such and so great menaces of his life and mutilation of his members upon him to be brought , unless he the writing aforesaid to the foresaid R. make and seal would at A. within the jurisdiction of this Court , , that the same W. that writing for fear of those menaces to the foresaid R. then and there made , and this ready is he to verifie , whence he prayeth judgment , whether the foresaid R. his action aforesaid , by vertue of the writing aforesaid against him to have ought , &c.

Replication , &c.

And the foresaid R. saith , that he by any matters praealledged from his action aforesaid having praecluded ought not to be , because he saith that the foresaid W. the time of the making the writing aforesaid , was in his own power at large , and that writing of his meer and freewil to the foresaid R. made , and not out of fear of menaces as the foresaid R. in his plea hath alledged , and this he prayes inquired may be by the Country , and the fore s aid W. likewise : Therefore the 12.

Barre by protestation .

And the foresaid A.B. by T.C. his atturny comes and defendeth the force and wrong , when , &c. and he saith that the foresaid R.S. his action afore said thence against him have or maintain ought , because he prote sts that no such collocution betwixt the foresaid A. and R. had there was , that the same A. should deliver the fore s . R. the fores . two pieces , &c. in part of s atisfaction of the fores . 39. s. in the declaration afores . s pecif . protesting also that the fores . A. brought not with him the foresaid C. in this declaration aforesaid als o specif . the two pieces , &c. to carry away , to deceive and defraud the foresaid R. of the foresaid two pieces , as in the declar . afores aid above is supposed , protesting also that the foresaid A. giving beleef to the assumption of the foresaid R. delivered not to the fores . C. the fores . two pieces &c. by limitation and a ssumps . of the said A. as in the declar . afores . al s o s upposed is , protesting also that a certain collocution had was betwixt the foresaid A. and R. that the foresaid R. s hould deliver upon lone to the foresaid A. 29. s. in moneys numerate , under a certain condition , and upon which agree they could not ; therefore the foresaid discourse void and of no vigor was , and for plea the same A. saith that he promised not , nor upon him assumed in manner and form , as the fore s aid R. above against him plaineth , and this he prayes may be inquired by the country , And the foresaid R. likewise . Therefore 12. &c.

Barre by concord .

And the foresaid A. by I. W.his Atturny came , and defendeth the force and wrong , when , &c. and saith that the foresaid C. his action afores aid therefore against him have or maintein ought not , because prote sting that he acknowledges not any of the things in the declaration afore said to be true , for plea yet he saith , that after the assumption and promise afore said made , viz. the 10. day of May , the year , &c. at &c. between the same A. and the fores aid R. as well of the ass umption and promise aforesaid as of all other trespasses and offences betwixt the same A. and the foresaid R. before the same 10. day of May had , were moved and done or hanging , by mediation of friends betwixt them amicably interveneing was had such concord , viz. that the same A. in ful satisfaction and release as well of the ass ump sit whence the foresaid R. above him now plaines , as of all other trespas ses and offences by the same A. before that time to the foresaid R. done , should give to the same R. two cowes , and that the same A. from that time against the fore s aid R. as well of the assumpsit and promise aforesaid , as of all other trespasses and offences should be quit for ever , and the same A saith , that he then and there gave and delivered to the foresaid R. two cows , and the same R. the se two cows of the same A. then and there received , according to the form and effect of the concord aforesaid , and this ready is he to verify , &c.

No such concord .

Praecluded not : because he saith there was not had any such concord betwixt him R. and the fore said A. in manner and form which the same A. in barr pleading alledged hath , and this he prayes may be inquired by the country , and the foresaid A. likewise , &c. therefore 12. &c.

Count upon delivery by anothers hands .

T.G. summ was to answer N.P. a plea that he render him 30. s. which to him he oweth and unjustly deteins , &c. and whence the s ame N. by R.L. his Atturney saith , that whereas a certain P.R. the last day of I. the year , &c. at B. within the jurisdiction of this Court had delivered to the foresaid T. G.the foresaid 30. s. to be payed and delivered to the same N. whensoever by the foresaid N. he s hould be required , yet the foresaid T.G. although often times required , the same 30. s. to the same N. as yet hath not rendred , but those to him hitherto to render refused and as yet refu ses ; wherefore he saith , that he the worse is , and dammage hath to the value of x. s. and thereof produces his suit , &c.

Nothing him he owes by Law .

And the foresaid T. by B. C.his Atturny came , and defends the force and wrong , when , &c. and saith , that he oweth not the foresaid N. the fore said 30. s. nor any penny thereof in the form which the same N. above against him declared hath , and this ready he is to defend against him and his suit by the Law of him T. as the court here shall grant thereof to be made , &c. whence he prayes judgment whether the foresaid N. his action aforesaid agains t him to maintain ought , &c.

Demurrer thereupon .

And the foresaid N. saith , that the fore said defence of the foresaid T. by his Law to be made pretended , is not a s ufficient issue , nor admitable him T. against the foresaid matter in the Declaration of him N. conteined , from his action aforesaid having to preclude ; wherefore he prayes judgment , and his debt aforesaid , together with his damages &c. for defect of sufficient answer and iss ue , to him to be adjudged .

And the aforesaid T. since that the foresaid ans wer and said defence by his Law to be made in form aforesaid , sufficient answer and i ssue admitable are in law , the foresaid N. from is action aforesaid to praeclude , and the foresaid N. the law of him T. in this part to be made , to admit altogether refuses , he prayes judgement , and that the foresaid N. from his action aforesaid having praecluded , may be , &c.

Debt brought by exec against exec upon spec.

A.T. exec of the test of T. B sum was to answer E.W. exec of the test of S.A. a plea , that he together with C. co exec of the aforesaid T. of the test of the fores T. render to him 38. s. which from him unju stly he deteineth , &c. and whence the same E. by I.W. his Atturney saith , that whereas the aforesaid T.B. the twentieth day of August , the year , &c. at P. within the juris diction of this Court , by a certain his writing obligatory yeelded himself to be bound to the same S. in the foresaid 38. s. to be paid to the same S. in the Feast &c. the fores aid T. notwiths tanding in his life time , nor the foresaid execut of his test after the death of the same T. though oftentimes required the foresaid 38. s. to the foresaid S. in his life time , nor to the same exec after the death of the same S. rendred have not , but those to him to render , and yet refu ses , and those from him unjustly deteineth : wherefore he saith that he the worse is , and dammages hath to the value of x. s. and thereof he produces his suit , &c. And he brings forth here in Court as well the writing aforesaid as the testament , by which it is apparent enough , that he E. is executor of the te stam of the foresaid S.

Debt brought by Administrators .

W.W. summoned was to answer I. A. Administratrix of all and singular the goods and chattels of L.A. who dyed inte state , as said is , a plea that he tender her 39. s. which from her unjustly he deteins , &c. and whence the same I. by I. W.her Atturney saith , that whereas the said W. such day and yeer &c. at S. within the jurisdiction of this Court , by a certain his bill obligatory , which the same I. with the seal of W. s igned here in Court brings forth , whose date is the same day and yeer , acknowledged himself to owe to the foresaid L. the fores aid 39. s. in his life time to be paid to the same L. at s uch a feast next , &c. and to that payment well and faithfully to be made , the foresaid W. hath obliged himself , his heirs and executors by the s ame bill , yet the fores aid W. though often required , the 39. s. to the foresaid L. in his life time , or to the same I. after the death of the same L. to whom the administration of all the goods and chattels of the fores aid L. at the time of his death , by W.L. of the Lawes Doctor , of the Court Prerogative of Canterbury Master , the twentieth day of May , the yeer of our Lord One thousand s ix hundred and s ixteen , at L. aforesaid , after the death of the fores aid L. committed was , hath not rendred , but those to her to render refused , and those to the same I. to render refus es , and unjustly deteineth ; wherefore she saith that s he the worse is , and dammage hath to the value of twenty shillings , and thereof she produces her suit , &c. And she brings forth here in Court the letters of administration of the foresaid W.C. by which , &c.

Non sum informatus . Not informed .

And the foresaid W. by N. E.his Atturny came , and , defendeth the force and wrong , when , &c. and said it was to the same Atturny of the same W. that for the same W. his Master , to the foresaid I. in the plea foresaid , he should answer ; and the same Atturny saith , he is not informed by the same W. his Master of any answer for the same W. to the foresaid I. in the plea foresaid to be given , and no other thing thence saith , by which the fore s aid I. remains against the foresaid W. thence undefended . Therefore granted is it that the foresaid I. re●●ver against the foresaid W. his debt aforesaid , and damages by occasion of the detaining that debt to 56. s. to the same I. by her assent , by the Court here adjudged are , and the foresaid V.V. is amerced , &c.

Plenè administravit . Fully administed .

And the foresaid A. by T. B.his Atturny came , and defendeth the force and wrong , when &c. and saith that the foresaid plaintif his action afore said , against her to have ought not , because she saith , that she fully administred hath of the goods and chattels of the foresaid I. at the time of his death , and that s he no other goods hath , nor chattels of the s aid I. at the time of his death in her hands , administred to be , nor had the day of the entry of this plea of the plaintif , nor at any time after , and this ready is she to verifie ; wherfore she prayes judgement whether the foresaid plaint the action aforesaid against her to have ought , &c.

Replication , and Rejoynder .

And the foresaid plaint saith , that he by any things praealledged from his action afores aid having , praecluded ought not to be , because he saith , that the foresaid defend the day of the entry of the plea of the foresaid plaint , viz. such day and year , & c. had divers goods and chattels of the foresaid , I. at the time of his death in her hands administred to be , to the value of the debt aforesaid , whereof the same plaint of that debt have satisfied s he might , viz. at A. within the jurisdiction of this Court , and this he prayes may be inquired by the Country , and the foresaid defend likewise : therefore 12. &c.

A Speciall not his Deed.

And the foresaid defend . by G.P. his Atturny came , and defendeth the force and injury , when &c. and saith , that he with the debt aforesaid , by vertue of the bill afores aid , charged ought not to be , because he saith , that after the same defend , sealed and delivered had the bill aforesaid to the fore said plaint , that bill a new written and interlined was in these words , viz. Th Curwen , by which that bill so anew written and interlined , its force lost and effect , and so that bill aforesaid is not his deed , and of this he puts him self upon the Country , and the foresaid plaint likewise , &c. Therefore 12. &c.

Nihil dicit in debito . Nothing he saith .

And the foresaid defend by A. B. his Atturny came , and defendeth the force and wrong , when &c. and nothing saith in barr of the action aforesaid , of the plaint aforesaid , by which the plaint remains against the same defend therefore undefended . Therefore granted it is that the foresaid plaint recover against the fores . defendant his debt aforesaid and dammages by occa sion of the deteining this debt to x. s. to the same plaint by his assent by the Court here adjudged , and the fores . def. is amerced , &c.

Action on the case upon indebted he assumed

G.D. by R.M. his Atturny plaineth against R.D. a plea of trepa sse upon the case , for that that whereas the fores . def. the day and year , &c. at , &c. indebted was to the fores . pl in xi . s. lawful mony of England for one jerkin by him the pl to the def afores . before sold and delivered , and so indebted being after viz. the 1 day of I. the year , &c. at S. within the jurisdiction of this Court , the fores . def in cons ideration thereof upon him assumed , and to the same plaintif then and there faithfully promised to pay to the same plaintif the fore said xi . s. yet the foresaid defendant his promise and as sumption aforesaid not regarding , but contriving him the plaintif of his foresaid xi . s. craftily to deceive and defraud , the foresaid xi . s. to the s ame plaintif as yet hath not paid , although to the same plaintif to pay them after viz. the s ame day , year and place within the jurisdiction of this Court , by the same plaintif required he was , to the dammage of him the plaintif x. s. and thereof he produces his suit , &c.

Pledg of prosecution J. Doo . R. Roo .

Otherwise indebted he ass umed .

I.C. attached is to answer I. W.plea of trespass upon the case , and whence I. W.by I.S. his Atturny saith , that whereas the fore said I.C. the first day of Oct. the year , &c. here at S. within the juri s diction of this Court indebted was to the foresaid I.W. in the summ of 38. s. of lawfull mony of England for arreres of rent of one messuage and one acre of land , and for diverse summes of pence upon borrowing delivered , and also for diverse other things to the same I. by the foresaid I. before that time due and payable , and so indebted being , the same I.C. in cons ideration thereof upon him assumed , that he the s ame I. C.the fores . 38. s. to the s ame I.W. when therefore required he should be , well and faithfully to pay and content would , yet the foresaid I.C. his promise and assump not regarding , but contriving and fraudulently intending the same I.W. in this part craftily and naughtily to deceive and defraud of the fores . 38. s. the same I. according to his promise and as sump aforesaid , though to this after viz. the 10. day of Octo. the year &c. above said , at S. afores . by the same I. required he was , he paid not , but those to him altogether as yet to pay hath refused and yet refuses , wherefore he saith he the worse is , and dammage hath to the value of x. s. and thereof produces his s uit , &c.

Not assumed .

And the fores . I. by I.W. his Atturny came and defendeth the force and injury , when &c. and saith , that he assumed not to the same plaint in manner and form as the foresaid plaintif against him plaineth ; and of this he puts himselfe upon the Country , and the foresaid plaintif likewise : therefore 12. &c.

Action upon the case upon together they accounted .

R.S. plaineth of N.W. a plea of trespa ss upon the case , for that viz. that whereas certain H.W. and R.H. the 2. day of I. the year , &c. at A. within the jurisdiction of this Court together accounted with the same R. of diverse summes of pence , before that time for arreres of rent , and other things to the same R. by the s ame H. and R. due and to be paid , and upon that account , the same H. and R. found were in arreres to the foresaid R. in the summ of 36. s. of lawfull mony of England , to be paid to the same R. when therefore required they should be , and whereas the foresaid W. then and there likewise the same 2. day of I. the year above said , at A. afores . instantly required the fores . R that the same R. would acquit and exonerate the fore s . H. and R. of the fores . 36. s. and the fores . N. in consideration thereof upon him a s s unted , and to the same R. then and there faithfully promised , that he the same N. the fores . 36. s. to the same R. when therefore required he should be , well and faithfully pay and content would , and the same R. in fact saith , that he beleefe having to the promise and assumps of him N. afores then and there acquitted and exornated the fo rs . H. and R. of the fores . 36 s. yet the foresaid N. his promise and ass ump so little regarding , and fraudulently intending the same R. in this part craftity and naught●ly to deceive and defraud the 36 s. to the same R. though to this at A. aforesaid within the jurisdiction aforesaid , after viz the last day of I. the year aboves . by the fores . R. required he was , he paid not , nor in any manner for the same contented , by which the same R. saith , that he the whole gain , commodity and profit which he with the fores . 36. s. by buying and selling and lawfully bargaining have had , and gain might , if the fores . N. his promi se and assump ●fores . so in form afore s . made , had held and performed , wholly lost and missed hath : wherefore the same R. saith that he the worse is , and dammage hath to the value of xx . s. and thereof he produceth his s uit , &c.

Action upon the case upon indebted he assumes .

T.E. plaineth against B.B. a plea of tre spas upon the case , for that viz. that whereas the fore s . B. the first day of I. the year , &c. at A within the jurisdiction of this Court , in cons ideration that he fore s . T. at the speciall instance and request of him B. then and there upon lone gave and lent to the same B. 30. s. of good and lawfull mony of England , upon him he assumed , and to the s ame T. then and there faithfully promised , that he the same B. 30. s. of good and lawfull mony of England to the same T. when therefore required he s hould be well and truly pay and content would ; yet the foresaid B. his promis e and assump afores . litle regarding , but contriving the fores . T. of the fores . 30. s. craftily and subtilly to deceive and defraud , the fores . 30. s. to the foresaid T. though by the s ame T. after viz. the first day of Oct. the year , &c. abovesaid at A. afore s . required was , according to his promise and as sumpt aforesaid as yet has not paid , nor in any manner contented , by which the fores . T. in his credit toward diverse of the people of &c. and especially toward I.M. to whom the same T. in the like summ of 30. s. indebted was , and to whom the same T. the same 30. s. at the right day now long since past , upon hope and beleef of the true performance of the promise and assumption aforesaid , to pay and content had promi sed , manifoldly hurt and the worse is , and dammage hath to the value of xx . s. and thereof produces his s uit , &c.

Plaint upon replevin .

William L. summ was to answer W.B. a plea of taking and unjust deteining of his beasts , and whence the same W.B. by R.D. his Atturny plaineth that the fores . W.L. the fifth day of December , the year , &c. at Q. in a certain place there called Bu shy close of his W.B. within the jurisdict of this Court , took his beasts , viz. one Cow of his W.B. and that unju stly deteined against suert and pleg untill &c. wherefore he saith that he the worse is , and damages hath to the value of 39. s. and thereof produces his s uit , &c.

Avowry for damage doing in his franktenem .

And the said W. in his proper person came , and defendeth the force and wrong , when &c. and well avows the taking of the beasts aforesaid in the foresaid place in which &c. and justly &c. becau se he saith that the foresaid place in which supposed is the taking of the beasts aforesaid to be , is , and the aforesaid time of the taking aforesaid supposed to be , was the soyl and franktenement of him W. and that the cow aforesaid was at that time in the same place , the herb then and there growing eating up , and damage doing , by which the same W. that cow then and there so damage doing , took and impounded , as well he might , and this ready he is to veri●ie : wherefore he prayes judgment , and the return of the beasts aforesaid to him to be adjudged , &c.

Avowry otherwi se one in his own right , and otherwi se as a servant by his command .

And the foresaid R. B.and T. B.by their Atturny came and defend their force and wrong , when , &c. and say , that the fore s R.B. is , and at the time of the taking of the beasts afore s . to be supposed , was seised of a certain close called the Coniger , in the fores . Town of E. within the jurisdiction of this Court , in his demesne as of fee , a certain mare the afores . time in which &c. was in this close called the Coniger , his herb there eating up , and damage doing , by which the same R.B. in his own right , and the afores . T.B. by his command , took that mare , and her impounded , as well they might , without that , that they took the mare afore s aid in that aforesaid place called the Common Mead , as the afores aid W.T. against them plaineth ; and this ready they are to verifie . Wherefore they pray judgment , and return of the beasts aforesaid to be to them adjudged , &c.

Avowry for amercement in the Leet .

And the fores aid L.P. by T. R.his Atturny came , and defends the force and injury , when &c. and as baily of T.H. Esq well acknowledges the taking of the heifer aforesaid in the aforesaid place in which &c. and justly &c. Because he saith , that the same place in which supposed is the taking of the heifer aforesaid to be conteineth , and the foresaid time in which supposed is the taking of the heifer afores . to be conteined 12 acres of land called Reke fields in W. afore s . within the precinct of the Court of view of frankpledg of the said T.H. within the Manor of M. to be held in the County of South afores . of which Manor with the appertinen before the foresaid time in which , &c. and the same time in which &c. the foresaid T.H. was seised in his demesne as of fee , within which Mannor the same Thomas and all those whose e state the same Thomas now hath , and the foresaid time in which , &c. had in the Mannor afores . with the appertin . from the time the contrary of which in the memory of men is not ; have had , and to have , hold and keep have used a court of view of frankpledg twice by the year , viz. once within a mouth next after the feast of Easter , and again within a month next after the feast of Saint Mich. the Archangel at that Mannor , before the Seneschal of that Mannor for the time being , and all the inhabitants and res idents within that Mannor at the Court of view of frankpledg of the Mannor aforesaid accustomed were to appear , and there charged to be and sworn of and upon all articles which at the court of view of frankpledge afores aid belong to be inquired of , and that the foresaid T. and all tho se whose e state the same T. in the Mannor aforesaid with the pertinen now hath , and the fores aid time in which , &c. have had , and from the whole time aforesaid have used to di strein for penalties & amercements in the same Court of view of frankpledg imposed , and the s ame L. saith , that before the foresaid time in which , &c. viz. at a certain court of view of frankpleg held at the Mannor afores . within the month next after the feast of Saint Mich. the Archangel viz , the 30. day of Sept. the year , &c. before W.Y. Gent. the Senes ch of the Court of view of frank pldeg of his Mannor afores . by certain John N. &c. ( reciting all the jurors by their names , ) in the same Court of view of frankpledge , of those things which to the Court of view of frankpledg afores belong , charged & sworn to inquire upon their oath pres ented was it , that the fores W.T. resident and inhabitant within the praecinct of the Court of view of frankpledg afores . then was , and that diverse hedges of the s ame W. within the praecinct of the Mannor afores . open lay , to the hurt of diverse inhabitants within the Mannor afores . for which then and there commanded was it to the same W. T.sufficient to make his hedges , viz. at the home breach against the way publ. and his hedgesagainst the lane called Mor●e lane , &c. before the 15. day of Octo. then next to come , under the penalty of 20. s. before which day the same W. his hedges afore s . made not , according to the precept of the jurors afores . by which the fores . penalty of the fores . xx . s. by the foresaid W.T. forfeited were ; and because the fores . xx . s. for the penalty fores . the fore s . time in which , &c. to the fore s aid T.H. arrere were unpaid , the same L. as baily of the fores . T. for the same xx . s. for the penalty fores . arrer being unpaid , well acknowledges the taking of the heyfer afores . in the fore s . place in which , &c. and justly , &c. within the precinct of the view of frankpledg aforesaid , &c.

Barre when beasts enter for default of Inclo sure , and the avowant ought to make it .

And the fores . T. saith , that the fore s . E. the taking of the beasts afores . by the reason prealledged justly to avow ought not , because he saith that the time of the taking afores . done , a certain W.C. was s eised of a certain close called R. in M. in the County foresaid , in the fores . place called G. contiguously lying in his demesne as of fee , and the same W. s o thereof seised , before the same time in which , &c. at A. that close demised to the same T. to have to him at will of the s aid W. by which praetext the same T. the time of the taking afore s aid done , of that close was possessed , and the fore s . E. the same time was seised of the foresaid close called G. in his demesne as of fee , and the same E. and all those who se estate then he had in that place , have made and repaired , and used were to make and repair , as often as need should be , a certain hedge or clos ure the same place called G. from the foresaid clos e called M altogether separating and fenceing , from the time the contrary of which in the memory of men is not , and the same T. saith , that he of the foresaid close called M. by vertue of the demise afore s aid possessed , before the foresaid time in which &c. put his beasts aforesaid into that close to feed there , and because the hedges of the foresaid E. the time of the taking afore said done , and before for defect of reparation thereof in diverse parts of the same , broken was and wasted , the beasts aforesaid into that close in the foresaid place called G. by that breach at the time of the taking aforesaid , escaped and entred , and the foresaid E. then there being , the beasts then and there took , as by the Court aforesaid is s upposed , and this ready is he to verisie ; wherefore he prayes judgment and his dammages by occasion of the taking to be adjudged , &c.

Replic of the pl. the inclosure was sufficient .

And the foresaid E. saith , that tho se beasts the time of the taking aforesaid suppo sed to be , the hedg aforesaid sufficiently made and repaired violently broke , and into the same place called G. entred , and the herb in that place growing cat up , and dammages in it did , for which the same E. tho se beasts then and there took , as the same E. above alledegd hath , and this ●eady is he to verisie ; wherefore he prayes judgment , and the return of those beasts to be adjudged him , &c.

Rejoinder .

And the fore said T. saith , that the hedges aforesaid at the time of the taking afores . s upposed to be , broken and wasted were in the form which the same T. above alledged hath , and this he prayes may be inquired by the country , and &c. likewise : therefore 12. &c.

Action of trover . Finding .

ss. I.P. plaines of I.K. of a plea of trespass upon the case , and whence the s ame I. by I.W. his atturny saith , that whereas the fore s . I.P. the first day of N. the year , &c. at P. within the jurisdiction of this court possessed was of two ewes of the price of x. s. as of his goods and chattels proper , and so thereof posse ssed being after viz. the same day and year at P. afores . the goods and chattels afores . out of his hands and possession casually he lost and missed , which goods and chattels after viz. the same day and year at P. afores . to the hands and possession of him I.K. by finding came , yet the fores . I. certainly knowing the goods and chattels afores . to be the goods and chatt of the foresaid I. P.and to him I.P. of right to belong and pertain , contriving and fraudulently intending the same I.P. in this part craftily and subtilly to defraud and deceive , the goods and chatt afores . of the fores . I.P. though often required , &c. as yet hath not given up nor delivered , but the goods and chattels aforesaid after viz. the first day of D. the year abovesaid , to his own use and commodity di sposed and converted , to the damage of him I.P. of xx . s. and thereof he produces his suit , &c.

Count in tre spass .

S.S. attached was to answer I. E.a plea why he together with W.L. the close and house of him I. at B. within the jurisdiction of this court broke , and other enormous , &c. Whence the same I. by I.H. his atturney plaines that the foresaid S. together , &c. the xxx . day of September the year &c. the clo se and house of him B. at B. within the Jurisdiction of this court broke , and other enormous , &c to the grievous damage of him I. whence he sayes that he the worse is , and damage hath to the value ofxx . s. and thereof he produces his suit , &c.

For the close and house broken , and herbes taken , then so .

And whence the same H. in his proper person plaines that the fores . I. together with R.R. and I.L. the 1. day of Sept. the year , &c. the clo se and house of him A. at W. within the Jurisdiction of this court broke , and his herb to the value of xx . s. now lately growing with certain beasts viz. horses , oxen , cowes and hoggrels cat up , trampled and consumed , and other enormous things to him hath done , to the damage of him H. xxx . s. and thereof he produces his suit , &c.

Culpable not pleaded .

And the fores . def. by I.F. his atturny came , and defendeth the force & wrong when , &c. and as to so many trespasses afores . besides the breaking of the clos afores . he saith that he no whit is thereof culpable , as the fores . plaint above against him plaineth , & of this he puts hims elf upon the country , and the fores . pl. likewi se : and as to the breaking the close afores . the same def. saith , that the foresaid pl. his action against him to have ought not , because he saith , that the foresaid plaintif before the time in which suppo sed is the trespass aforesaid to be , one cow of his the def at G. aforesaid found , without cause reas onable took , and her into the close aforesaid drove , and her there impounded , for which the same def. that cow again to have , the close aforesaid the aforesaid time in which &c. entred , and her then and there took and brought away , as well he might ; and this ready is he to verifie ; wherefore he prayes judgment whether the fores . pl. his action afore said therefore against him to have ought , &c.

Replication of his own wrong without such cause and issue upon it .

And the foresaid plaintif saith that he for any things prealledged from his action aforesaid of breaking the close aforesaid against the def. aforesaid praecluded ought not to be , because he saith that the fore said def. the day and year abovesaid , of his own wrong , and without the cause by him the def. praealledged , the close of him the pl. at C. aforesaid broke , as he above against him plaineth , and this be prayes may be inquired by the country , and the fores . def. likewise : therefore 12. &c.

Barre in trespasse by offer of reasonable amends .

And the foresaid def. by I. W. his atturny came , and defend the force and wrong , when , &c. and saith that the foresaid plaint his action afore said against him to have ought not , because he saith that he immediately after the foresaid time of the trespasse aforesaid to be supposed , viz. the 10. day of Jan. the year &c. at N. afore said , by the proper hands of him the def. offered to pay to the fore said pl. xi . s. for his damages with the cowes afores . in the fores . place in which , &c. to the fores . pl. done , which xi . s. were suffic . amendment for the dammages with the Cows afore said , in the foresaid place in which , &c. the same time which , &c. done , which xi . s. the foresaid pl. of the same def. to receive then and there altogether refused . And this ready is he to verifie ; wherefore he prayes judgement , whether the fores . plaint the action afore s . therefore against him to have or maintain ought , &c.

Tender of sufficient amends is a good plea in repleg before impounding the beasts , not after .

Note , that if any man pl. or def. be minded to remove any action out of this Court , he must do it by the Keepers of the liberty of England by authority of Parliaments writ , called an Accedas ad cur , which issueth out of the Chancery ; and it must be made by a Cursiter of that Shire where the action lieth , and directed to the sherife of the same County , who will make his warrant to the bailife of that Court , and the bailife must take his return of the warrant , thus ; First the bailife sends or delivers to the sherife a copy of the entrance of the Court when the cause was removed , thus :

Alton Westbrook .

The Court of R.T. Knight , thereheld on Thursday , viz. the x. day of May the year , &c. before I.W. G.S. R.H. and T.D. suiters of the s ame Court.

The Copy of the plaint .

I.S. plaineth against W.W. a plea of taking and unjust deteining of his beasts .

By certue of this precept to me directed , taking with me I. W &c. four discreet Knights of the hundred of A. foresaid , I came to the Court of R. T.Knight , and to be recorded caused the plea which is in the same Court betwixt I.S. pl and W.W. defen , and that record ready I have under my seal and the seals of the foresaid 4. Knights of the same Court , of tho se who at that record present were , and to the parties aforesaid the s ame day have I prefixed as to me commanded was , In testimony of which matter as well I R.F. baily of the Hundred aforesaid , as the foresaid I. W.&c . 4. legal Knights of the Hundred aforesaid to these presents our Seal have put .

Thereupon the sherife maketh his returne , as to the said writ appeareth .

FINIS .