Bouleutērion, or A practical demonstration of county judicatures. Wherein is amply explained the judiciall and ministeriall authority of sheriffs. Together with the original, jurisdiction, and method of keeping all countrey courts. / By Will: Greenwood, philomath. Greenwood, Will. William. This text is an enriched version of the TCP digital transcription A85670 of text xxx in the English Short Title Catalog (Thomason E1789_1). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 1014 KB of XML-encoded text transcribed from 242 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2018 A85670 Wing G1870 Thomason E1789_1 ESTC R209680 99868546 99868546 170372 2240952906

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Early English books online. (EEBO-TCP ; phase 1, no. A85670) Transcribed from: (Early English Books Online ; image set 170372) Images scanned from microfilm: (Thomason Tracts ; 223:E1789[1]) Bouleutērion, or A practical demonstration of county judicatures. Wherein is amply explained the judiciall and ministeriall authority of sheriffs. Together with the original, jurisdiction, and method of keeping all countrey courts. / By Will: Greenwood, philomath. Greenwood, Will. William. [22], 397, [43] p. Printed by T.R. for John Place, at Furnivals Inne Gate, and William Place at Grays-Inne Gate in Holborne, London, : 1659. "Bouleut-erion" and "Philomath." are in Greek characters. Annotation on Thomason copy: "June". Reproduction of the original in the British Library. eng County courts -- England -- Early works to 1800. Sheriffs -- England -- Early works to 1800. Coroners -- England -- Early works to 1800. eebo Bouleutērion, or A practical demonstration of county judicatures.: Wherein is amply explained the judiciall and ministeriall authority of sheriffs. T Greenwood, Will. 1659 484 177426 84 0 0 0 0 0 4.73 B The rate of 4.73 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2007-10 Assigned for keying and markup 2007-10 Keyed and coded from ProQuest page images 2007-11 Sampled and proofread 2007-11 Text and markup reviewed and edited 2008-02 Batch review (QC) and XML conversion

ΒΟΥΛΕΥΤΗΡΙΟΝ , OR A Practical Demonstration OF County Judicatures . Wherein is amply explained the Judiciall and Ministeriall Authority of SHERIFFS . Together with the Original , Jurisdiction , and method of keeping all Countrey COURTS .

By WILL : GREENWOOD , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 .

Theophrastus . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Qui nihil injuste agit , nulla opus habet lege .

LONDON , Printed by T. R. for John Place , at Furnivals Inne Gate , and William Place at Grays-Inne Gate in Holborne , 1659.

To the Right Honorable , Thomas LORD Widdrington , Lord Chief Baron of his Highness Court of the Publique Exchequer . My Lord ,

I Am bold , by vertue of your Patronage , to expose this small Tract to the publique View and Censure of the World . It 's Refuge is the sanctuary of your Name ; the Result amounting to no more then a persuasive hope of Security from the contagious emissions of that universal Basilisk , Detraction : and , by the indulgence of your favour and acceptation , will triumph over self-martyring envy . I presume not to present it to your judicious aspect , as that your Honour should learn any thing by the act of one in the April of years & literature , as I am ; but hoping that if at any your recreatory houres , you shall grace it with the view of your discerning eye , you may observe something in it that may conduce to publick utility . I might well fear my rudeness should offend your Honorable survey ; but that it is your nobleness rather to smile at the errors committed by young heads , then censure them . However I humbly crave your Lordships pardon for presenting things so unworthy your view , and to accept of them as an incourager of my meane endeavours , who shall ever continue

Your Lordships most humbly devoted Servant , W. Greenwood .
TO THE CANDID AND Ingenuous Readers .

HOw worthy of observation is that ingenious Apothegme of Divine Plato , when he said ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Non nobis solum nati sumus , sed ortus nostri partim sibi patria vendicat , partim parentes , partim amici . So the perswasive dictates of this golden Theme suggested to me the utility a Treatise of this nature would produce to the Countrey , which instigated my Pen to demonstrate as well the Theorick as Practick part of those Courts generally incident to it ; for the more the countrey knows them , the better they will affect them , ignoti nulla cupido . I cannot comprehend how any thing can be more usefull to and for the Countrey , and consequently more generally expetible and wished for , then the theorick and practick knowledge of these Courts ; for who is there in any County of this Common-wealth , or within the several Precincts or Jurisdictions of any of these , that is not or may not sue and be sued in them ? So that here they may read , & understand how their Actions do proceed , and what , and how far the power and force of every precept and warrant doth extend , and what the fees are ; & may , as with a touch-stone , try and examin the actions and proceedings of their Attorneys or Solicitors . I must acknowledge my early experience ( that I am but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Asinus ad Lyram in these discourses ) in comparison to some of the more grave and ancient practicers , is but as a drop of water to an overflowing bucket : neither am I ignorant that much hath been writ upon these particular subjects , by men whose sage and industrious Labours , and strenuous abilities , I dare not so much as emulate ; yet , in a matter of so grand and publique importance , I hope I shall not be too severely blamed if I , according to my cursory and imperfect manner ( for never any at once vaulted into perfection ) adventure to follow their footsteps ; for the subject is not new as touching matter , but only in invention , order , style & method of handling it ; for I walk not upon mine own legs , but am stilted by what I have borrowed from those Luminaries of Learning : I am indebted to all ; yet not being beholding to any of my Creditors without giving them a note under my hand , nor averring any thing of my selfe , thereby to muzzle the mouth of contradiction ; for I know the too acute severity of some , will be furnished with latitude enough to charge my pen with Lapses , and Imperfections . Therefore you must expect better and more generous Wine of the old Vine-tree , according to that of Pliny , Vetustioribus semper vitibus vinum melius , for I dare not promise you ( Amphoram ne urceus exeat ) mountain , lest it produce the ridiculous issue in the Fable .

Objections may peradventure arise , That in this I have imitated the Amygdala or Almond-tree , that with celerity buds and brings forth her fruit , or that I have soared above my pitch , attempting an Eagles flight with the flagging wings of a Wren in the high spring tide of an over weening opinion , pricked forward by an insatiate desire of posthume glory , or conducted by the Ignis fatuus of popular applause ; but this I look upon as the carp of some Aristarchus , stept in to calumniate what he cannot better , neither do I expect but to be subject to such a lash ; for I confess it ( according to that of Nicomachus ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Difficile esse in hac vita degentem , omnes invidentium oculos latere , yet let such Criticks take this by the way , that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , it is far easier not to like then to do the like . But though they do uncivily prejudicate my endeavors with a sinister conceit , or uncourteously censure my non-ability , impeaching me for some things that do distaste their delicate palates , as my former appearances have done , yet jacta nobis est alea , I intend by the divine favour happily to proceed , though unhappily I have begun ; ( for in truth the subject would require the studious pen of a sage Lawyer , yea the combination of learned heads to do it to the life , yet neglected ) for I ever esteemed the employment of those talents , either naturally bestowed on man by the Deitie , or acquired by study and industry , ought more properly , yea , and of duty to be employed in the service of our Countrey , than to be made use of in the satisfaction of our private humours : therefore I do here ( in acquittance of that general obligation ) endeavour to offer up this mite of my endeavours among the many learned and elaborate works which the choice wits and studious pens of our age have produced in all kinds , for the World at this time is oppressed with nothing more then the press , every one striving to distil the dewy qu intessence of his brain through the Limbeck of invention ; so amongst the rest I have not altogether sequesterd my selfe : for when I had employment , they were my vacancies to rest , when I was infected with vice-nourishing idlenesse , they were my employments .

I assume not upon me to write any Encomium's upon the Book , it belongs not to me ; but now it is abroad , must totally be submitted to your judgment and censure . And I know it must be the worth of a book , and not the wyre-drawn flourishes of an obsequious Epistle that causeth your approbation , so that this must stand or fall by the weight or levity you shall finde in it .

Now as this Tract is chiefly intended for the commodity of the Countrey , and as it is their sole object to place their invectives point-blanck against Law and Lawyers , and if I vindicate them , I shall rather seem to detract from , then add to , their fame , it having been the sole subject of many learned pens ; yet I hope it 's no presumption , if I add one Lawrel more to the learned's Crown : The Lawes constituted by learned men , antiquity own'd & receiv'd as from the command of the gods , accounting onely those men fit to converse with the gods ; Thus Minos the Cretan is said to converse with Jupiter , and in his presence to compile those Laws he after gave to the people ; and Lycurgus the Lacaedemonian , to have command from the Oracle at Delphos ; and Numa to consult with the Goddess Aegeria , that the Lawes might be more cordially admitted and obeyd as made by the gods themselves . Nay , in a kind , by a civil non obstante , excepting them ( so learned ) from being obliged by Law , as other men of less magnitude were ; as appears in that carriage of Architas the Pythagorean his Citizens to him , whom they would choose seven times their head Governor , though the Law prohibited any other that office and honour above a year . Have a retro-spect to the Journals of Antiquity , view the Diaries of time , and you shal find men learned in the Lawes , noble advantages to their Countrey , their Champions to defend them , their Oracles to advise them , and their Orators to plead for them .

And now , as to the Laws themselves , which may be truly term'd the Walls and Palizadoes of Governments and Nations ; yea , the strongest sinews of humane society ; for , take away the potency of Laws , & who is it that can say , This is mine , or that he is within the Bulworks of incolumity ? according to that eloquent Aphorism of Demosthenes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Leges esse animam civitatis , ut etiam corpus cum anima orbatum est , concidit : Ita & civitas sine legibus consistere non potest : So the true end of all Laws is to ordain , and settle in order and government amongst us , the jurisdiction whereof we are rather obliged to obey , then dispute . Though Thales compared laws to spiders webs ; But such are ever to be spun in a corrupt state ; ours are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , speaking laws , that dare tax a Delinquent be he never so potent ; For the Law is grounded upon the rules & axioms of reason , & therefore have an ingeminate denomination : the absence of the one is the deformity of the other , being in a kind convertibilia , and inseparable . That common Reason we have ingraffed in our natures , is a law , directing what we are to do , prohibiting the contrary , according to that of Cicero , Eadem ratio cum est in hominis mente confirmata et confecta lex est . For Law is nothing but reason dilated and applied upon several occasions and accidents : The comprehension of reason is of publick enormities and necessities , for which they be severally at several times constituted , being infinite : so that the disease in our knowledg many times hath the priority of the remedy . And thus the reverence and duty we owe to lawes , is nothing else but obedience to reason , which is the begetter , correcter & preserver of the very laws themselves . Those therefore who will not obey them , are more propinque to the nature of bruits and salvages , then men indued withreason . It is law & reason that do knit the true Gordian knot , that binds and cements us to unity and peace amongst our selves , and dissipateth all such violent and illegal courses , as otherwise unbridled liberty would insinuate , preserving every man in his right , and preventing others , who if they thought their actions might passe with impunity , would not measure their course by the rule of Aequum & Justum , but by the square of their private commodity and affections ; and so being not circumscribed within reasonable Bounds or Land-marks , their reason becomes invisible ; whereas when they finde that Justice hath a predominant power , they are deterred from proceeding in those Acts , that otherwise their owne wills and inclinations would give them leave to effect . And these were the causes that prompted prudent Antiquity to institute these Courts of Judicature in each County , and their severall Precincts , and likewise was the cause instigated me to compile this Miscellanie of Courts , which in it selfe is methodical , facile and perspicuous , to benefit the meanest capacity , yet satisfie the highest . I have now nothing more but to Apologize with Isocrates , who with this rule prepares me to endure the supercilious censures & various opinions of men . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And that I hope your candid ingenuities ( Juvenili mea aetate considerata ) will promise me your connivance at those Errors that shall occur , and that you will ( mitissimo aspectu ) smile upon this Cradle brat , whose little desert , though it cannot expect the perusall , yet its humility in prostrating it selfe before you , may merit your acceptance , whereby he shall be encouraged to higher designs , whose highest ambition is to be

Your friend to serve you , W. G. From Furnivals Inne , April 20. 1659.
Ad amicum eruditissimum G. Greenwood in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 suum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 .

DVm stupendam ingenii tui foecunditatem , lanuginosa conclusam atate , suspicio , in mentem subit , imberbem Apollinem in te suum transfudisse genium , ut testaretur tibi minus pili , quam eruditionis accrevisse . Minerva non multo pridem , è Ioviali tuo cerebro prodiens , Affectus amoris titulo vulgo insignita , inventionem ovantem plane ostendit ; luxuriantis calami veneres dulcescentes suas exhibent pulchritudines , nec formosa facetiarum rosa caret Aculeis , lascivientes digitos stimulantibus . In desudato hoc 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 tuo limatum triumphat judicium , antiquissimarum Curiarum leges , & methodos à prudentissimis sui aevi inventas & excogitatas , ad immensum decus , elucubrasti : quae tenebricosae vetustatis ruderibus jacebant occulta , in lucem dedisti : Magis familiaria , sive indigesta , seu disseminata , politiori disposuisti ordine , & in unum velut perfectionis corpus congessisti . In debitum hujus libri non excurram elogium ; quaelibet pagina suis turget laudibus , tuamque ultra Herculis Columnas diffundit famam . Magni futuri nominis eximia sunt haec praeludia ; nec de expectatione , tantis suffulta speciminibus , dubitandum foelicissimam cerebri tui ubertatem largiori rivo in publicas utilitates manaturam ; ego interim , impositis ori digitis , silebo , & mirabor ,

Tui amantissimus J. P.
THE COUNTY-COURT .
OF THE ORIGINALL OF Shires , Sheriffs , and the first institution of this COURT .

BEFORE we anatomise the practice of this Court , we thought it convenient to deduce it from its Originall or Prototype , Quia origo rerum attendenda● : And first of the Shire .

Shire is a Saxon word scyra , and hath its etymology from shiran , ( id est ) partiri , to divide , as Mr. Lambert saith in his explication of Saxon words , Verb. Centur. And Mr. Cambden in his Britania reporteth , that Alfred ( a Saxon ) King of England , was the first that divided this Common wealth into Shires , those Shires into Ridings , and those Ridings into Weapentakes or Hundreds , &c. Likewise as Sir Henry Spelman in his Glossarie saith , Sunt qui Comitatum distinct ones sub Berengariis & Othonibus , vel sub Carolo magno , apud exteros accidisse opinautur ; quod de plurimis forte verum fuerit , nounullae autem antiquius deprehenduntur . Rem apud nos perspicuam facit Ingulphus , si sane fides . Rex ( Alfridus alias Aluredus & Aethelfridus , qui regnum iniit Anne 871 ) totius ( inquit ) Angliae pagos & provincias in Comitatus , primus omnium commutavit , Comitatus in centurias & hundredas , & in decennas ( id est ) tithingas divisit . Which strenous authorities , are sufficiently valid to prove the originall of Shires and their divisions .

The Republick being thus disunited or dissected into Shires , every Shire is intirely governed by one Officer called a Sheriffe , or Shire-reeve , Vicecomes , compounded of these two Saxon words scyr viz. Satrapia , a Shire , and reue , viz. Praefectus , a Governour of the Shire , Mr. Cambden thus describes his Office : Singulis vero annis , nobilis aliquis ex incolis proficitur , quem Vicecomitem quasi vicarium comitis & nostra lingua Sheriff , viz. Comitatus praepositum vocamus : qui etiam comitatus , vel provinciae Quaestor recte dici potest . But in Seldeni Jani fol. 53. & 54. you have two Governours of the Shire assigned ; where he saith , Praefectus provinciarum qui antea vice-domini ( ad Ingulphum reversus est Aluredum ) in duo officia divisit . 1. in Judices quos nunc justiciarios vocamus , & in Vicecomites , qui ad huc idem nomen retinent . Facessat ergo Polidoras urbinas , qui primos a Normanno petit Vicecomites , which we now call Vicount a Vice-comite , which cometh from our Conquerors the Normans , as Sheriffe from our Ancestors the Saxons . Also Sir Henry Spelman in his Glossarie saith , Quinem autem tunc essent magistratus quos Ingulphus hic vocat Justiciarios & Vicecomites ; non plàne assequor . Reor , Aldermanni provinciarum , & Grevii ; Saxonice , Ealdormen & gerefas . De Grevii ( saith he ) tamen munere nec habeo definitum : discrepare enim videtur a Vicecomite , quod hic tum adhuc comitis esset vicarius ille regis officialis , unde in Anglo-Saxonum legibus : atque ipsius Aluredi ; Cyninger gereþan , id est , Grevius regis , vel ( ut Latine sae●ius reditur ) Praepositus regis appellatus est . And that he is Governour of the County , the words of his Patent import as much , viz. Commissimus tibi custodiam comitatus . So that he is an Officer of great antiquity , trust , and authority , having ( formerly from the King , as now ) from his Highnesse the Lord Protector , the custody , tuition , and command of the whole County , Co. l. 4. 33. Mittons case .

The aforesayd Alfred at the division of the Kingdome into Shires or Counties , instituted this Court called the County Court , and established Jurisdiction in it ; granting power and authority to the Sheriffe to heare and determine such matters as by just cause of appellation ( either for Law or Equity ) should be brought unto him . This Court ( as it is recorded by Mr. Selden in his Treatise of Tythes ) was joyntly exercised by the Bishop of the Diocesse , and by the Sheriffe or Alderman of the sciregemot , or Hundred , or County Court , where the one sate to give Godes fight , the other for puruldre right , that is , the one to judge according to the Lawes of the Kingdome , the other to direct according to Divinity . And Sir Henry Spelman in his Glossary saith , Comitatum simul regebant , pariterque in foro considentes , judicia publica exercebant : hic secundum jus humanum , ille vero divinum , LL. Canuti MS. ca. 44. Habeatur ter in anno Burgesmotus ( i. Civitatis conventus ) & Schiresmotus ( i. pagi , vel comitatus conventus ) bis nisi Saepius opus sit : & intersit Episcopus , & Aldermannus , & doceat ibi Dei rectum & seculi : uterque scil. Pro suo munere . Idem Ladgari , LL. ca. 5. sed pro Aldermannus , illic comes extat ( ut supra demonstravimus ) & utrumque recte . Nam in comitatu simus considisse reor , Comittem relpub . partes tueretur ; Episcopum , qui Ecclesiae ; & Aldermannum , qui Legem diceret & exponeret . But at the Norman Conquest , this kinde of holding Ecclesiasticall Pleas in the Hundred of County Court was taken away , as may appeare by this Mandate of William the Conqueror , recorded in Seld. Jani . lib. 2. fol. 76. Willielmus Dei gratia Rex Anglorum , Comitibus Vicecomitibus , & omnibus Francigenis , & Anglis qui in Episcopatu Remigii terras habent salutem . Sciatis vos omnes & caeteri mei fideles , qui in Anglia manent , quod Episcopales leges , quae non bene , nec secundum sanctorum Canonum praecepta , usque ad mea tempora in regno Anglorum fuerunt , communi consilio Archiep. meorum , & caeterorum Episcoporum , & Abatum , & omnium principum , Regni mei emendandas judicavi . Propterea mando , & regia authoritate praecipio , ut nullus Episcopus vel Archidiaconus de legibus Episcopalibus amplius in hundredo placita teneat , nec causam , quae ad regimen animarum pertinet , ad judicium secularium hominum adducant , sed quicunque secundum Episcopales leges , de quacunque causa , vel culpa interpellatus fuerit , ad locum , quem ad hoc Episcopus elegerit & nominaverit , veniat , ibique de causa sua respondeat & non secundum hundredum , sed secundum Canones & Episcopales leges , rectum Deo & Episcopo suo faciat .

Lambert . arch . All actions whatsoever were brought in this Court before the Sheriff , as it is reported by Mr. Lambert in his Archeion in that particle of the Lawes of Edgar to our matter in hand , Viz. Let no man seeke to the King in matter of variance , unlesse he cannot finde right at home : But if it be too heavy for him , then let him seeke to the King to have it lightned . The very like whereof in effect is to be seene in the Lawes of Canutus the Dane , sometimes King of this Realme ; out of which Lawes may be collected foure things .

First , That every man had meanes , and was authorized to sue and commence their Actions in this Court , in their owne Shire or County .

Secondly , That no man ought to sue out of the County , or to remove or draw his plea from thence without good cause ; both which things do plainely appear in the letter of this Law .

Thirdly , That the King himself had a high Court of Justice , wherein it seemeth that he sate in person ; as these words do demonstrate , Let him not seek to the King , &c.

And lastly , That the same Court of the Kings did judge not onely according to meer right and Law , but also after equity and good conscience . And after this order , and in these two Courts , was all Justice administred . This Court continuing ( untill the time of William the Conqueror , and ever since during the times and raignes of the ancient Kings ) and doth yet continue ( in manner ) the same forme and substance that it then was ( and will doe in despite of those Sycophants , that have had their Primum mobile from it , and now endeavour its subversion ; that Viperous brood of Birds , that have so much defiled their owne Nest , that the whole Countrey laughs at their folly ) and that the pleas ought no more to be taken from it now in our dayes ( without cause ) than they ought then to have been ; which may evidently be proved by those ancient Writs of Pone , Recordare , Writ of false Judgment , and Accedeas ad curiam , which are yet in use to this day , and to this onely end to remove suits ( upon cause ) out of this Court into superior Courts . But because this requireth great search of Records to make any further progression ( whereunto I have no accesse ) I must leave it to such , whose abilities are more strenuous to travell in that so intricate a path .

This Court no Court of Record . This Court is no Court of Record , but onely a Court Baron ( though it had in ancient times the cognition of great matters , as may appear by * * Hengham f. 8. cap. 2. placita vero de furtis , melletis , hutesio plagis , verberibus , transgressionibus ubi non agitur de pace domini Regis fracta , ad Vicecomites pertinent audienda & determinanda . See Seldens Notes upon it , f 135 , 136 , 137 , 138 , 139 , & 140. Likewise Sir Henry Spelmans Glossarie , fol. 18. & 438. LL. Edovar . Confess . cap. 12. Chimini vero minores de Civitate ad Civitatem ducentes , & de burgis ad burgos , per quos mercata vehuntur , & caetera negotia fiunt , sub lege Comitatus sunt , &c. Glanvile , lib. 1. cap. 23. 4. by Bracton and Britton in diverse places , and by Fleta , lib. 2. cap. 62. but it was abridged by the Statute of Magna Charta , cap. 17. and much more by 1 E. 4. cap. unico . ) therefore pleas holden in this Court by Plaint , nor pleas holden by Writ of Justicies , are not taken as matters of Record , for those pleas are holden by reason of the Court which the Sheriff holdeth by reason of his Office .

Why instituted . This Court ( as Dalton reporteth in his Office of Sheriffs ) was ordained for the Sheriff to hold Pleas there for particular or private matters ( under forty shillings ) between party and party .

The time when it is to be holden It is now , as it was alwaies , holden once every moneth , upon a day certaine , the moneth being computed according to twenty eight dayes in the moneth , and not according to the Kallander , 9 H 3. c. 35. 2 E. 6. c 25.

Co. Inst. 4. cap. 55. It holdeth no plea of debt or damages to the value of forty shillings or above , because a Fine is due thereby to the Lord Protector , yet if the debt be forty shillings or above , and the Plaintiff will acknowledge in his Declaration the receit of so much as to bring it within forty shillings , in this case the plaint is good . But if the debt be above forty shillings , as five pounds , the Plaintiff cannot divide this into five severall actions to make this Court hold plea of it , for in this case the Defendant may wage his Law .

And of Debt , Detinue , Trespasse , and other actions personall above forty shillings , the Sheriff may hold plea by force of a Writ of Justicies to him directed , for that is in nature of a Commission to him , and is not returnable . Neither doth this Writ alter the nature of the Court , for therein the Sheriff is not Judge , but the Freeholders or Suitors , yet all Judgments shall be pronounced by the Sheriff .

Where to be kept . St. anno . 2 E. 6. cap. 25. Stat. 15 H. 7. cap. 24. 33 H. 8. c. 26. This Court may be kept at any place within the County at the pleasure of the Sheriff , but not out of it . Yet the Sheriff of Northumberland ( by the Statute ) is to keep his County Court in the Towne or Castle of Alnewicke , and in no other place . The Sheriff of Sussex ( by the Statute ) is to hold his County Court one time at Chester , and the other time at the Burrough of Lewes , and so to be kept alternis vicibus for ever : And also the Sheriff of the County of Chester is to keep his County Court in the Shire Hall of the sayd County , Daltons Office of Sheriffs , fol. 157. & 158.

To this Court all persons dwelling within the County , owe suit by reason of their resiance .

No Fine . No Fine can be imposed in this Court upon any offendor , because it is no Court of Record , Co. 8. 41. & 60. & 11. 43. Fitz. 73. d.

Amercement . What actions will not lye in this Court . But a man may be amerced for a contempt , or a disturbance of the Court , in the presence of the Court.

This Court will entertaine no suits for Charters of Land , or for Inheritance , or for Freehold of Land , or any titles of Land , or to make severall plaints upon one entire debt by Bond , or Trespasse Vi & armis , or actions touching life , nor actions to compell one to render an account .

The Office of the County Clarke .

THe Sheriff being elected , which is done yearly in the morrow after All soules , in the Exchequer Chamber , by the Statutes , 9. E. 2. & 14 E. 3. cap. 7. And his Letters Patents do commonly beare date the sixth day of November , 1 2 E. 4. e. 1. unlesse it be in cases of necessity , that the Court is forced to adjourne it , Crook fol. 595. ( before the next County day after his election , and discharge of the old Sheriff ) he ought to be very diligent in deputing and constituting a County Clarke , such a one as is sufficient and able to keep the Court , that no corrupt dealing be in it , as he will answer the contrary : and that he be very skilfull in entring the proceedings in it .

He ought to be endued with these qualities , according to the description of Fleta , Provideat sibi Vice com' de Clerico circumspecto , & fideli , viro provido , & discreto , & gratioso , humili , pudico , pacifico , & modesto , qui in legibus consuetudinibusque provinciae ; & officio Commit' Cleric' se cognoscat , & jura in omnibus teneri affectei , quique sub-balivos in suis erroribus & ambiguis sciat instruere & docere , &c. Which is thus Paraphrased , That a County Clarke ought to be endued and qualified with circumspection , fidelity , providence , humility , peace , and modesty ; and must know himselfe ( or be expert ) in the Lawes and customes of the Countrey , and to have ability to instruct or direct the Bailiffs or other Ministers in dubious things wherein they may erre . He must neither be attracted by price nor lucratory corruption , nor any sinister affection to wander out of the way of right . Qui nec ( as Bracton adviseth ) ad dextram nec ad sinistram , vel propter prosperitatem terrenam , vel adversitatis metum à tramite justiciae declinet .

The Sheriff ( and not the Protector ) hath power to delegate this Office to whom he pleaseth , as it appears in Myttons case in the fourth Reports ; where Queen Elizabeth by Letters Patents did grant the Office of Clarkship of the County Court of Somerset to Mytton , with all Fees , &c. for life . Arthur Hopton Esquire , Sheriff of the same Shire interrupted him , because it was incident to his Office . Mitton complained to the Lords of the Councell , and was referred to the two chiefe Justices , Wray and Anderson ; and after many arguments concerning the validity of that Grant , and conference had with all the other Justices , It was resolved by all the Justices , Nullo contradicente aut reluctante , that the sayd Letters Patents were voyd ; and their reasons were , That the Office of Sheriff was an ancient Office before the Conquest ; and of great trust and authority , for the King committeth unto him Custodium Comitatus : And although the King may determine the Office ad beneplacitum , yet he cannot determine this in part , as for one Town or Hundred , nor abridge him in any incidents to his Office ; for the Office is entire , and ought to continue so without any fraction , or diminution , ( unlesse by Parliament ) and the County Court , and the entring of all Proceedings therein , are incident to the Sheriffs Office , &c. And though it was granted when the Office of Sheriff was void , yet the new Sheriff shall avoid it ; as Scroges case , in the time of Vacation in the Office of Chief Justice of the Common Bench , Queen Mary granted the Office of the Exigenter of London , resolved , that the next chief Justice shall avoid it , for it was incident to his Office Also in all Writs directed to the Sheriff concerning the County Court , the King sayes , in comitatu tuo , and in return of Exigents made by him , he sayes , ad comitatum meum tent . &c. and the stile of the Court proves it , and by the Statute of 33 H. 8. the Sheriff of Denbigh shall keep his Shire Court at , &c. In a false Judgment it is said , in pleno com . tuo recordari facias , &c. and in a Precept of Tolt , it is said summoneas , &c. quod sit ad comitatum meum , and it should be very inconvenient that another should have the custody of the Enteries , and Rolls of Court , which may be imbezzelled , and the Sheriff responsible for them . And it was resolved that the custody of all the Goales within every County appertains to the Sheriff by right , and are annexed and incident by Law to the Sheriffs Office , vide an. 14 E. 3. cap. 10.

But note , that his late Highnesse , in the year 1653. granted the Office of Clark-ship for the County of York to one Master R. H. though dissonant to common Law , yet consentaneous to a gladiatorie power , like those in Livie , in armis jus ferre , & omnia fortium virorum esse , that all Lawes are engraven on the hilt of a victorious Sword , to whose Mandamus both Statute and common Law must submit .

He cannot execute the Office of a County Clark , and practice as an Attorny , both at one time , it being prohibited by the Statute of 1 H. 5. 4. being a cause of encreasing Suits , and a hinderance in dispatch of Clyents causes .

He cannot act any thing without the assent of the Suitors ; if he do an Action of Trespasse lyeth against the Sheriff .

He must be carefull in deputing honest , able and sufficient men , as Bayliffs , for the executing of the Precepts issuing out of the Court.

He ought to enter no Plaints ( except in case of Replevins ) out of Court , but in full County ( sedente curia ) yet the case is otherwise at this day , and ( as it seems ) good enough verifying the Diverbe , communis error facit jus .

He must make sufficient Precepts after the Plaints entred ( but not before ) against the Defendants directed to his Bayliffs , to attach or warn the Defendants to appear at the next County Court , and answer the Plaintiff .

The County Clark and Plaintiff upon complaint of the party grieved , may be examined by one Justice of Peace concerning the taking or entring of Plaints in the County Court , and book , against the Statute : If thereby the Justice find any fault or offence committed , that shall stand for a sufficient conviction and attainder without any further inquirie or examination . And the said Justice must certifie the examination , within a quarter of a year into the Exchequer by the Statute of 11 H. 7. cap. 15.

If a Writ of discharge of the ancient Sheriff be delivered to the County Clark , sitting in the County Court , the authority of the said Sheriff ( although absent ) shall presently cease .

At the adjourning of every Court , he must appoint a day certain for the next Court , to the intent the Country may know at what time they may resort thither to hear the Lord Protectors Writs of Exigent and Proclamations read .

The Office of a Coroner in this Court .

A Coroner is one of the principall Officers of this Court , being chosen in it ( by a Writ de Coronatore elegendo , directed to the Sheriff ) by the Freeholders or Suitors in open and full Court , and is published there , and after the Sheriff is to returne and certifie into the Chancery the election of every such Coroner and their names ; likewise the County Clark in Court must administer to the Coroner his oath for the due execution of his Office .

The Coroner being thus elected and sworn , he is to sit there with the Sheriff every County Court , to give Judgment upon Outlawries , which Judgment shall be given and pronounced by him in the fifth County , and there the Sheriff is to returne the Outlawry with the Exigent : But by this Judgment no goods are forfeited before the Outlawry appear upon Record : neither shall such an Outlawry disable the party .

Exigents and Proclamations to be proclaimed five County dayes . Exigents and Proclamations are to be proclaimed five County dayes one after another , and once in the open Sessions , and once at the Parish Church doore , where he doth or did lately dwell , that he appear , or else that he shall be outlawed . And if Proclamation be made five County dayes , and at the fifth County day the Defendant appear not , then the Coroner shall give Judgment that he shall be out of the Protection of the Lord Protector , and out of the ayd of the Law . F. N. B. 163. But before I conclude let me give you in brief , why a man is said to be outlawed , and a woman waived ; viz. A man is said to F. N. B. 163. idem . 395. be outlawed because he was sworn to the Law : and now for his contumacy he is put from the Law , and said outlawed , as it were extra legem positus , but a woman is not so , but she is waived , and not outlawed , because she was never sworn to the Law .

Of Attorneys in this Court .

IT was once objected to me , that no Attorney could legally practice in this Court , and that every man ought to prosecute his own cause himself : Epitomie of the Statute of Westminster 2. cap. 10. That every man which oweth Suit to the County Court may make a generall Attorny to prosecute and follow his Suits in all Pleas : And likewise in the Statute of Merton . cap. 10. Quod quilibet liber homo , qui sectam debet ad Com. &c. libere possit facere Atturn . suum ad sectas illas pro eo faciendas , and an Attorny may doe every thing in the name , and as the act of him , who gave him the authority , as if he did it himself : he is aliorum negotiorum gestor ; for , qui per alium facit , per seipsum facere videtar : likewise , these Statutes following do institute Attorneys in the County Court , viz. 6 E. 1. cap. 8. 20 H. 3. cap. 10. &c. F. N. B. 156. I could instance many more , but I hope these are sufficient to stop the black mouth of a scurrilous Antagonist .

In their practice , they ought to be honest and just , according to their office and oath , not exciting men to Suits , especially such as are forrain , and illegall , nor for little offences , and small debts , nor voluntarily ( argenti gratia ) delay their Clyents , nor demand any sums of mony for the prosecution of the Action otherwise then is allowed by the Court.

Of Bayliffs .

A Bayliff is a Servant or Minister of the Law , and by consequence a Servant to the party , at whose Suit he is to distraine the goods of any one . Therefore he ought to be true , faithfull and vigilant in levying of Distresses , he ought not to be exoculated with common rurall bribes ; ( as too many of them are ) His office is thus described by Fleta . Balivus esse debet in verbo verax , & in opere diligens & fidelis , ac pro diserto appruatore cognitus , plegiatus & clericus , qui de communioribus legibus pro tanto officio sufficienter se cognoscat , Et qui sit ita justus ; quod ob vindictam seu cupiditatem non querat versus aliquos &c. He is to be contented with his wages and fees allowed him , which are certain and known ( and as I have described particularly ) being usually paid , & if he take more then he ought , or commit any error in the Execution of his Office contrary to the tenure of his Precept , then is he to forfeit forty shillings , and to be convicted thereof , by the examinations of the Justices of Peace or any of them , 14 E. 3. cap. 9. And the Sheriff ought not ( by his oath ) to have any Bayliff , but such as he will answer for , and such as be true and sufficient men in the County , and make each Bayliff take an oath for the true execution of his office ; but such things are now not taken notice of . And by the Statute of 27 Eliz. cap. no Bayliff , or other person ought to take a Distresse , nor to execute any Processe untill he be sworn , but now common experience , and practice at this day , bears testimony to the contrary . Alfred , once King of England hanged Judge Arnold , for saving a Bayliff from death , who had robbed the people by Distresse , and for extorting of Fees . If the like Law were executed upon some of our grand Malefactors , it would make the Remainder more honest .

What Actions may be brought in this Court .

Bract. l , 3. f. 98. Fleta l. 1. cap. 15. HAving precipitated my self thus far , before I enter upon the Proceedings of the Court ; I will demonstrate the grounds and cause of Proceedings , and that is , Actions , which is the form of a Suit , given by Law to recover a mans right : or , actio nihil aliud est quam jus prosequendi in judicio quod sibi debetur Therefore what Actions will hold in this Court , take as followes .

All Actions of debt , either upon an account made by the parties for wages after a hire ; sums of mony owing or due from one man to another , whether by writings or otherwise , it is grounded sometimes by writing , as an Obligation , Bill , Covenant , or other especialty : sometimes without writing , as an Arbitrament , Rent , mony lent , Parol , Contracts , or the like .

All Actions of Detinue , Trover and Conversion , deceit upon a Warranty , a Delivery , Nusance , Case for scandalous words , case upon Assumpsits , and other Actions of the case , as for a Dog killing Cattell , abusing a Distresse , spoyling my Goods , &c. Actions of Trespass , Assault and Battery , &c.

All these Actions would afford very much matter to treat of at large ( but least this Treatise should swell beyond its limits ) I will refer you to the reading Fitzherberts Natura brevium , which doth learnedly treat of the nature of all Actions , that lye in any Court of Judicature .

Within what time Actions must be brought .

31 Eliz. cap. 5. ALL Actions of debt grounded upon any lending or contract , as Book-debt , without especialty , and for Rents in arrear : all Actions of Trespasse , quare clausum fregit , Actions of Trespasse , Trover , Detinue , and Replevin for taking away Goods and Chattels , Actions of account , all Actions of the case ( except Actions for Slander ) which shall be sued , must be commenced and brought within six years after the cause of such Action or Suit accrued ; if the Plaintiff be then of full age , discovert , compos mentis , at Liberty , out of Prison and in England ; otherwise within such time after he becomes so , and not after .

All Actions of Trespasse for Assault , Menace , Battery , wounding and imprisonment , within four years after the cause of Action , and not after .

All Actions of the case for scandalous words , within two years next after the words spoken , and not after .

Who may bring Actions , and who not .

IDiots , mad men , or such as have lucida intervalla , such as are deaf and dumbe , or any other man , woman or child ( except persons disabled by Law ) being wronged , may bring the proper Action appointed for remedy in that case ; and all , or any of these wronging others may be sued . And if an Idiot sue or be sued , he must doe it in person .

An Infant must sue by Prochein amy , and being sued , must defend by Guardian .

A Feme covert cannot sue but with her Husband .

An outlawed person is disabled to sue any Action against any man in any Court of Law or Equity ( yet as Executor he may sue , because it is not in his own right , but in trust for another ) but any man may sue him , by Coo. Sup. Litt. 128. A man that is attainted in a Praemunire , may not sue in any Action , Idem . 129. And a man that is a convict recusant is disabled , so long as he so continues .

No Barretor can maintain any Action in this Court , nor have Judgment , unlesse it be required by all the Suitors . West . 1. cap. 3.

But note , all these disabilities remain during the continuation of the same impediment .

Of Pledges in this Court .

PLedges are absolute , except it be for Forrainers , or such as live out of the County , or out of the Jurisdiction of the Court , or such as are unmarried , that have no goods distrainable , and it is if these be Plaintiffs : but if the Defendant should non-suit the Plaintiff , and have Judgment against the Plaintiff and his Pledges . I never yet saw the forme of the Judiciall Precept , that ever issued out to levy the costs upon the Pledges goods .

Of the Proceedings in the Court .

BEcause I would not have the Country , and young Practisers ignorant of the Proceedings in the Court , which is the life of practice ; I thought it necessary to make an Abridgment of the terms of Law now used in the Proceedings . And first of Appearance , because it is the first thing done after goods attached .

Appearance . The first thing the Defendant in any Action or Suit is to do , is to appear , and shew himself in person , or by an Attorny in the Court , to answer the Action , and defend the Suit .

Essoyn . He may also appear by an Essoin which is an excusation coming from the French word Exoine , it doth delay the cause a Court day longer ; ( the common Essoin is de male vener ) and if he do not appear the next Court , then it passeth by default , Judgment entred , and Execution issues out against his Goods and Chattels . But after the Defendant hath once appeared in the Court by an Attorny , there shall be no Essoin allowed .

Duc. tec. But if he appear neither by an Attorny , nor by Essoin , then further Processe issues out against his Goods and Chattels , viz. The Precept of Duces tecum , and attachment , and Distresse upon attachment infinite , untill he do appear .

Declaration . After the Processe executed , the next Court the Plaintiff is to appear and file his Declaration , to shew his cause of Action , or matter of complaint , in which must be shewn who complaineth , and against whom , for what matter , how , and in what manner the Action grew between the parties , and at what time and place the wrong was done ; and in conclusion he must aver and profer to prove his Suit , and shew the damage he hath sustained by the wrong done unto him . Speciall care ought to be had that it be drawn in manner and form , yet by the Statute of 36 E. 3. Modo & forma . cap. 15. A Declaration shall be good , if it have matter of substance , though the terms he not apt ; however to avoid doubts , and that the Attornies may not depend altogether upon uncertainties , let them be diligent in taking right and full instructions from their Clyents , and inform themselves of every puntilio which may be materially incident to the case , that so they may know what manner of Action is most proper to be brought on the behalf of their Clyents .

Nota. In some cases manner and form is chiefly to be looked at , but in other some not altogether so materiall . As if an Action of debt be brought of the sale of a Horse for five pounds ( where the bargain was for two horses ) the Defendant pleads that he oweth him nothing in manner and form : the Jury ought to find for the Defendant , for that that the bargaine was for two horses for five pounds , fo manner and form there is materiall , and parcell of the Modo & forma . charge ; and so it is in every case , where the Action varies from the bargain or speciall matter .

27 H. 8. fo. 29. But if an Action of the case be brought by the Husband alone , upon an Assumpsit to him by R. the Desendant saith he did not assume in manner and form , and the Plaintiff gives in evidence of an Assumpsit made to his wife , and his agreement to it afterwards , this is good , and manner and form is not materiall .

If an Action be brought before there is any cause of Action , the Declaration is insufficient . But if a Trespasse was done the fourth day of May , and the Plaintiff declareth the same to be done the fifth or the first day of May , when no trespasse was committed , yet if upon evidence it salleth out that the Trespasse was done before the action brought , it sufficeth . 19 H. 6. 47. 5 E. 4 5. 21 E. 4. 66. And Littleton saith , That the Jury may finde the Defendant guilty at another day then the Plaintiff supposeth , for the Law of England respecteth more the effect and substance of the matter , then every nicity of forme and circumstance : Apices juris non sunt jura .

Note , that in actions of debt upon Emisset for Wares , for Money or other things lent , upon an In simul computassent , actions of Trespasse , Battery , or upon the case , &c. you are not tyed to lay the certaine day ; but you may lay it any time after the cause of action accrued .

If an action upon the case be brought upon an Assumpsit , the Plaintiff must declare upon the whole promise made , and not upon part of it , else the Declaration is not good , Mich. 22. Car. b. r.

If there be words in a Declaration , which have no signification , the words shall be adjudged to be void words , and shall not hurt the Declaration : but the Declaration shall be taken as if those words were left out of the Declaration . Hill. 23. Car. B. R. Pasc . 24. Car. B. r.

A Declaration ought not to shew a thing by implication it must be set forth expressely .

If the Plaintiff do alter his Declaration after the Defendant hath pleaded to it ; the Defendant may alter his Plea . For by the amendment of it , it may be so altered in matter , that it may require a different answer from what was sormerly pleaded , and in that case if he should not amend his Plea , he might be triced for want of a good Plea . Prac. reg. fo. 235.

Count. A Declaration is sometimes called a Count , as Count in debt . Kitch. 281. Count in Trespasse , Brit. cap. 26. Count in an Action of Trespasse upon the case for a slander , Kitch. 251. But a Count is more properly used in Reall than Personall Actions . And a Declaration more applyed to Personall than Reall . F N. B. 18. a. 60. D. N. 71. a. 191. c. 217. a. Non-suit .

If after Processe executed , the Plaintiff do not appear and file his Declaration , and the Defendant doth appear , upon such default the Plaintiff is non-suited , and the Defendant may have Judgment and Execution for his costs .

Empartance . In every case where the Plaintiff may have costs against the Defendant , there , if the Plaintiff be non-suit , or a Verdict passe against him , the Desendant shall have his costs , as in Trespasse , Debt , Covenant by Specialty , or upon Contract , Detinue , Accounts , Actions upon the case , or upon the Statute for personall wrongs , 23 H. 8. cap. 15. Administrators nor Executors shall not pay any costs neither upon Non-suit or Verdict , because their Actions are brought upon Debts or Contracts not made between them and the Defendants . But if they bring Actions for things done to themselves , as for the taking away of goods from them , &c. and they be Non suit or Verdict passe against them , in this case they shall pay costs .

After the Plaintiff hath appeared , and Declaration filed , upon the appearance of the Defendant , Emparlance is to be entered : Emparlance is , when the Defendant being to answer the Suit or Action of the Plaintiff , desireth some time of respite to advise himself the better what he shall answer , being nothing else but a Continuance of a cause till a further day .

Continuance . Now to demonstrate what the word Continuance signifieth ; it is , after a Suit is begun and the Plaintiff hath declared , he must continue his Suit from Court day to Court day , or else the adverse party may take advantage of it , and this is called a Continuance , being but onely a proroguing of a Suit from time to time , to keep it in being ; And this is by the Act or order of the Court , and some times by the agreement of the Attorneys of both parties .

Rule . The Rule , or dies datus , is when further day is given to the Plaintiff , to put in his Declaration , or to the Defendant to put in his answer : the time given is usually fourteen dayes , or more or lesse , according to the order of the Court , and the agreement of their Attorneys .

Answer . The next Court after the filing of the Declaration , and Emparlance given , the Defendant is to put in his answer , which he pleadeth and saith in bar to avoid the Action of the Plaintiff , either by consession and avoidage , or denying the materiall parts thereof . It must be legall , full , and perfect , for a bad or insufficient plea is in Law as no Plea .

Replication . If Issue be not joyned upon the answer , then the Plaintiff is to file his Replication to the answer of the Defendant , which must affirme and pursue his Declaration .

Rejoynder . Then the Defendant must put in his Rejoynder to the Plaintiffs Replication , which must pursue and confirme his answer ; for every Rejoynder ought to have these two properties specially ; that is , it ought to be a sufficient answer to the Replication , and also to follow and enforce the matter of the Bar. Sur-rejoynder .

If the parties be not at issue by reason of some new matter disclosed in the Defendants Rejoynder that requireth answer ; then may the Plaintiff Sur-rejoyn to the said Rejoynder , if there be cause , but it salleth out very seldome . This Sur-rejoynder is a second defence of the Plaintiffs Declaration , opposite to the Defendants Rejoynder .

〈…〉 rrer . C● . Inst. 1. fo. 7. b. Demurrer cometh of the Latine word Demorari , to abide , and therefore he who demurreth in Law , is said , he that abideth in Law , moratur , or demoratur in Lege , when so ever the Counsell of the party is of opinion that the Declaration or Plea of the adverse party is insufficient in Law , then he demurreth or abideth in Law , and referreth the same to the Judgment of the Court. Now there is no Demurrer in Law but when it is joyned , and therefore when a Demurrer is offered by the one party , as is aforesaid , the adverse party joyneth with him , and thereupon the Demurrer is said to be joyned , and then the case is by Councell of both sides argued . Nota.

Not informed . When the Declaration , Answer , Replication , &c. are defective in respect of some circumstance of time or place , &c. it may be remedied by consent of the Court , or parties , or by a motion to the Steward .

Nil dicit . Non sum informatus , is a formall answer of course made by an Attorney , whereby he is deemed to leave his Clyent undefended , and Judgment passeth for the adverse party .

Generall issues . It is a failing to put in answer to the Declaration of the Plaintiff ( in any Action ) by the day assigned , which if a man do , Judgment shall passe against him , because he saith nothing to the contrary .

To an Action of Debt upon Specialty . Not his Deed , To an Action of Debt for mony lent , &c. He owes nothing by the Country . To a Bond for performance of Covenants upon an Indenture or Arbitrament . Not his Deed , or not guilty . To an Action of case upon an Assumpsit . He did not assume . To an Action of Trespasse . Not guilty . To an Action of Assault , and Battery and Slander . Not guilty . To a Contract without Deed , the Plea is Payment , or an Obligation made for the debt , &c.

Pleas specially to be pleaded . Obligation . To an Obligation the Plea is Payment , &c. but to plead payment to an Obligation without Acquittance is no Plea : For an Obligation , or other matter in writing may not be discharged by any agreement by word , but by writing ? unumquodque dissolvitur , eo modo quo colligatur . But to plea d payment to an Obligation with Condition , though no Acquittance by writing , it is good , for the Condition is in nature of a Defeasance to the Obligation .

To an Action of debt ; He owes nothing by the Country , or by the Law , or Paid .

Debt . If the Action be brought against an Executor or Administrator , the ordinary Plea is , that he never was Executor , or hath fully Administred , &c. Against Executors or Administrators . Non-age . Woman covert .

If the Suit be upon a Deed , or Contract without Deed ; That he was within age when he made the Deed or Contract .

If it be against a woman , That she was Covert : that is to say , had a Husband when she made the Deed or Contract .

Arbitrament . If upon an Arbitrament ; That there was no Arbitrament legally made , or That he hath performed the Award .

Trespasse Damage feasant If upon an Action of Trespasse Damage feasant ; That the Beasts came in by the default of the inclosure of the Plaintiff , or That he hath little of Common there , &c ,

If upon an Action brought for Rent , That there is no rent in arrear , &c.

Rent . To an Action of Detinue , That he doth not detain the thing sued for : A release or gift to him by the Plaintiff , or That he did tender the thing sued for Detinue . before Action brought , That the De-fendant did deliver it to him as Pledge for ten shillings which he hath not paid , &c.

Slander . To an Action of the case for Slander : Not guilty , or Justifie the words .

Warranty . Case upon a Warranty : That he did not warrant .

Upon a Bond or Bill , plead ; Conditions performed , Debt . by Threats , Duresse , Imprisonment , &c.

Demise . Trespass . Upon a Demise : Not demised .

To Trespass : Not guilty , an Arbitrament , Tender of amends before the Action brought , &c.

Nota. If diverse men do a Trespasse , and one makes a good accord , this will discharge and be a Bar to all the rest . Co. 9. 79.

If Freehold be pleaded , the Court in that case can proceed no further . Liberum tenementum , or Freehold .

There are divers Pleas to Actions of Trespass , some of one nature , and some of another , as justification , &c. If the Defendant have matter of Justification or excuse to plead , he must be sure to plead it specially , for if he plead the generall Issue , viz. Not guilty , it will be found against him ; But now by the late Act , made the 23 of October 1650. The Defendant may plead the generall Issue of Not guilty , or such like generall Plea , and give the speciall matter in Evidence .

Where the Defendant is not constrained to plead a speciall Plea , he may plead the generall Issue proper for the Action brought , and give the speciall matter in Evidence . For every Plea must be so framed , that it may give a full answer to the matter set forth in the Declaration , to wit , all such as are materially to be answered unto .

If one be sued upon an Obligation , he cannot be compelled to plead before he have Oyer of the Condition of the Obligation .

If an Action of Debt be brought for Rent , upon an Indenture of Demise for years , the Defendant may plead payment without shewing the Deeds , for the Lease shall be intended to be in being at the time of the Action brought . Trin. 24. Car. B. R.

If an Obligation of an hundred pounds be made , with Condition for payment of fifty pounds at a day , and at the day the Obligor tenders the mony , and the Obligee refuseth the same , yet upon an Action of debt upon the Obligation , if the Defendant plead the tender and resusall , he must also plead that he is yet ready to pay the mony , and tender the same in Court ; but if the Plaintiff will not then recieve it , but take issue upon the tender , and the same be found against him , he hath lost the mony for ever .

Nota. Et hoc paratus est verificare . Et de hoc ponit se super patriam . Et hoc petit , quod inquiratur per patriam . Every Plea must be offered to be proved true , by saying in the Plea ; And this he is ready to verifie , and this is termed an Averment .

If tender of Issue come on the Defendants part , the form is , And of this he putteth himself upon the Country .

If on the part of the Plaintiff , it is , And this he prayeth may be inquired of by the Country .

If Issue be taken upon these Pleas , and Jury thereupon warned to appear to try them , the Jury appearing , the parties may have their challenges .

Challenge of Jurors .

CHallenge is said to be , where there is evident favour , 21 E. 4. f. 11. & 63. 20. Ass. 11. 2 H. 4. fo. 16. 4 E. 4. fo. 1. 2 H. 4. fo. 14. 13 H. 4. fo. 14. 22. B. 2. Car. 177. 8 E. 3. fo. 69. 3 H. 6. fo 24. 9 E. 4. fo. 49. Brit fo. 134. 11 H. 4. fo. 40. 33 H. 6. fo. 55. 18 H. 8. fo 2. 8 H. 6. fo. 60 Pasch 31. Eliz. 21 E 4. 74. 11 H. 4. c. 9. 23 Ass. 11. Mirror . cap 3. as Kindred , &c. the Juror of Alliance , Servant , Bears malice , or hath some Action against the Challenger . Juror a Gossip of the Plaintiff ; Juror master to the Plaintiff : the Juror eat at the Plaintiffs cost , or take mony for his charges . If the Juror was chosen Arbitrator for one party , but otherwise where he was chosen indifferent for them . The Sheriff or Bayliff which make the Pannell , is of the Plaintiffs kindred . Those who have been attaint of false oath , or were seen on the Pillory , or against whom there was Judgment of life or member . Those who pretend to have some right in the thing demanded . The Juror outlawed , if the Record be shown . Juror attaint of Conspiracy . The Sheriff being Plaintiff . It was allowed for a principall challenge , that the Defendant was indebted to the Juror . If any one or more of the Jury be returned at the denomination of the party Plaintiff or Defendant , the whole array shall be quashed ▪ If there be a Challenge for Cozinage , he that taketh the Challenge must shew how the Juror is Cozin . If one within the age of one and twenty years be returned , it is a good cause of Challenge .

Having now brought the Jury to the Bar , ( and that they prove all honest men ) being sworn let them stand to the Bar and hear their Evidence .

Nota. If a full Jury do not appear , as many as make default , may be amerced .

What witnesses are not sufficient to give in Evidence , and what are .

THe word Evidence is of a different signification , as signifying authenticall writings of Contract ; but here it is taken for proof of a matter in question and at issue , by testimonie of witnesses before a Jury , and according to the Evidence the Jury are to give their Verdict according to their oaths .

Co. Lit. fo. 6. Plow. 8. 12. And to demonstrate who are insufficient and may be excepted against , are such , as are infamous , as are persons attainted of Felony , or of a false Verdict , or of Conspiracy , or of Perjury , or in a Praemunire , or of Forgery upon the Statute of 5 El. c. 14. and not upon the Statute of 1 H. 5. 3. and such as have had Judgment to lose their ears , or stand on the Pillory , or have been stigmatized or branded ; and infidells , men not of sound memory , or not of discretion , or such as are interessed in the cause , and may have benefit by the thing in question , these are not competent witnesses ; and a wife cannot be witnesse for or against her Husband . But all other persons , though they be never so near in consanguinity , Tenants , Servants , Masters , Counsellors or Attorneys are allowed for competent witnesses , Co. Lit. fo. 6. Plow . 8. 12. And these being required must come in to give Evidence , or they forfeit to the party damnified so much as the Court shall award , and must give him costs and damages , Statute of 5 Eliz. cap. 9. The Poet in two verses doth declare what things are required in a witnesse .

Conditio , sexus , aetas , discretio , fama , Et fortuna , fides , in testibus , ista requires .
The manner of keeping the Court.

THe Sheriff at the first Court , which shall be after his Election and discharge of the old Sheriff , must read his Patent and Writ of assistance , and nominate his under Sheriff and County Clark , and 1 & 2 Phi. & Ma. cap. 12. four Deputies ( at the least ) of the Replevins for the ease of the County .

Then enter the stile of the Court after this manner .

Y. ss. The stile of the Court. Proclamation . The first County Court of I. B. Esq Sheriff of the County aforesaid held at the Castle of Y. on Munday the seventh day of July 1656.

Then command the Bayliff to make Proclamation three times . O yes , &c , and say ,

All manner of persons that have any thing to do at the County Court holden here this day , before I. B. Esq Sheriff of the County of Y. come forth and give your attendance .

Proclamation . Command the Bayliff to make Proclamation again , O yes , &c. and say ,

All manner of persons keep silence , and hear the Lord Protectors Writs of Exigent and Proclamation read .

A Coroner is to be there then present to pronounce Judgment of Outlawry against those that do not appear upon the Exigent and Proclamation at the fifth County .

Proclamation . Command the Bayliff the third time to make Proclamation , O yes , &c and say ,

Essoynes and profers ( before the Court three times ) for this day . And then say ; If any man will be Essoyned , or enter any Plaints , let him come forth and he shall be heard .

Plaint . Then enter your Plaint in this manner .

A. B. against C. D. of a Plea of debt .

Then call the Plaintiff thus ,

A. B. appear or thou losest thy Plaint , three times .

If he appear by an Attorney , then enter his Warrant of Attorney , viz. the two first letters of his name , over the name of the Plaintiff , and then file his Declaration . Declaration .

Then call the Defendant .

C. D. appear and answer A B. in an Action of debt , ( or as the case is ) or thou forfeits thy goods distrained , and further Processe will be awarded against thee .

If he appear , then enter his appearance , and an Imparlance , to put in his answer ( to the Plaintiffs Declaration ) the next Court.

Answer . When the Defendant hath put in his answer , If the Plaintiff joyne Issue , they may proceed to tryall the next Court day ; except they proceed further by Replication , Rejoynder , &c.

Venire facias . If they be at Issue , send out a Venire facias to summon the Jury .

Then enter on the head of the Pannell , thus ;

Jury betwixt A. B. Plaintiff , and C. D. Defendant , in a Plea of debt .

When they are brought to the Bar , command the Bayliff to make Proclamation , &c. and say ;

You good men that be impannelled to try the Issue between A. B. Plaintiff , and C. D. Defendant , answer to your names , every man upon the first call , upon pain and perill that shall fall thereon .

If twelve appear , then swear them one by one , in this manner .

The oath of the Jury . You shall well and truly try this Issue , between party and party , according to your Evidence , so help you God .

And as they are sworn , enter by every mans name Jur. viz. juratus est . he is sworn .

Being all sworn bid them stand together to hear their Evidence .

Then swear the Witnesses .

The oath of the Witnesses . The Evidence that you are to give to this Inquest , touching the matter in variance , shall be the truth , the whole truth , and nothing but the truth , so help you God .

Then let the Jury depart from the Bar , to agree upon their Verdict .

At their return , command the Bayliff to call every one by their names , and count them .

Then aske them if they be all agreed on their Verdict :

Jur. yea .

Who shall say for you ?

Jur. The foreman .

Then call the Plaintiff A. B. appear or thou loseth thy Plaint , three times . Then aske the Jury if they will stand to their Verdict :

Jur. yea .

Whether do you find for the Plaintiff or for the Defendant ?

Jur. for the Plaintiff .

What damages ?

Jur. 2 d.

What costs of Suit ?

Jur. 2 d.

Harken to your Verdict , this you say , you find for the Plaintiff , and assesse damages 2 d. and costs of Suit 2 d. so say you all ?

Jur. yea .

Then bid the Plaintiff pay the Jury .

Nota , If the Verdict find matter incertainly , or ambiguously , it is insufficient , and no Judgment ought to be given thereupon : as if an Executor plead plene administravit , viz. fully Administred of all the goods and Chattels which were of the Testator , and issue is joyned thereupon , and the Jury find that the Defendant hath goods within his hands to be administred , but find not of what value , this is incertain , and therefore insufficient .

A Verdict that findeth part of the issue , & findeth nothing 17 E. 3. 47. 18 E. 3 48. 22 E. 3. 2. 18 E. 3. 56. 15 E. 3. Judg. 58 , &c. Hil. 25. Eliz. Mic. 28 & 39 Eliz. inter Gommersall and Gomersall , &c. Adjournment . for the residue , this is insufficient for the whole , because they have not tryed the whole Issue wherewith they were charged ; But if the Jury give a Verdict of the whole Issue , and of more , &c. That which is more is Surplusage , and shall not stay Judgment : for utile per inutile non vitiatur , but necessary incidents required by the Law the Jury may find .

The Court being ended , adjourn the Court to another day to be kept , commanding the Bayliff to make Proclamation . O yes , &c. and say .

All manner of persons that have any more to do at this Court , let them come forth and they shal be heard , otherwise they , and every one else , may depart for this time , and keep their houre here on Munday the fourth day of August next by nine a clock in the morning , &c.

Now the Court being done , and the Defendant condemned by Verdict , then ( Judgment being entred ) a Fieri facias shall be awarded to make Levy of his goods ; and thereupon the Defendants goods shall be taken , praised and sold , to satisfie the party Plaintiff , and if the Defendant hath no goods , whereupon Levy may be made , then the Plaintiff rests without remedy in this Court .

Of Distresse .

COnsidering the many lacrymable wrongs the Country hath sustained by those Locusts , that litigious generation of men , a clamorous company , qui ex injuria vivunt , Seminaries of discord , worse then any polars by the high way side , monstra hominum , rabulas forenses , irreligious harpies , scraping , griping catchpoles , Bayliffs , and corrupt practisers , and how much the ignorant people are abused and deceived , yea , many times ( as the sad experience of many will inform us ) ruined and utterly undone by them , they being the sole causes of those ignominious aspersions cast upon the Court . The advantage that it would produce to the Common-wealth is in-explainable , if the Statute of 1. of H. 5. cap. 4. were observed , that is , that Sheriffs Bayliffs , one year , not to be in that Office in three years after , because by their continuall being in that Office , they grow so crafty and cunning , that they are able to deceive the Sheriff and ruine the whole Country ; Therefore , that the Country may not be altogether ignorant of their seeming authorized Actions : I will declare , what , and when they may distrain , and what , and when they may not .

But first to declare what a Distresse is .

Broo. 146. Finches . Ley 135. Coo. Sup. Litt. 97. A Distresse is either said to be reall ( that is ) when Land is distrained upon a grand cape , or petit cape , of which we have nothing to say here : or it is said to be personall , where moveable things are distrained : and this is that we are to speak unto . Therefore a Distresse is where one doth take and distrain the Beasts , Cattell and other things of another man in some ground or place for debt , rent , or other duty behind , or for some wrong or damage done .

The Sheriff nor his officers cannot break a mans house in the night time to execute any Processe , or to do any ministeriall act : for the Law giveth no colour to break a mans house by night .

None can be distrained that are out of the Jurisdiction of the Court . Marl. cap. 2.

No Distresse can be made in the night , but for Damage feasant .

The Bayliff may attach a man by his goods , citing him to appear , and answer such a day , at such a mans Suit in such a Court , and for such a cause ; Or he may onely give the Defendant warning ( in the presence of two others ) to appear such a day , in such a Court , at such a mans Suit , it is sufficient ; And if an Attachment be made , it must be of such goods ( of the Defendants own proper goods ) as are movables , viz. by meer Chattels personalls , which may be forseited by Outlawry , and not immovables .

A Bayliff cannot sever horses joyned to a Cart.

Sheep may not be distraind , if there be a sufficient Distresse besides .

No man shall drive a Distresse out of the County where it was taken .

A Distresse may not be impounded in severall places upon pain of five pounds and trebble damages .

A man cannot work goods distrained , nor convert them to his own use .

The goods of any man may be taken in any place within the County , in another mans house or ground , as well as his own .

If a Bayliff distrain or attach the horse of a master , where the Plaint is against the servant , Trespasse lyes for the Master against the Bayliff , for the Bayliff ought to take notice at his perill whose goods he distrains or attaches , 13 H. 4. fo. 2. 14 H. 4. 24. 11 H. 4. 90. Dr. and St. 139.

After Distresse or Attachment made , if the Bayliff doth not return his Precept the next Court : Trespass lyes against the Bayliff for the Defendant , and an Action of the case lyes against him for the Plaintiff , for not returning of the Precept . 10 E. 4. fo. 18. 3 H. 7. fo. 3.

By Choke . If one take Beasts in the name of a Distresse , he ought to put them in an open Pound , for that he who is distrained may give to them sustenance : but if he distraine dead Chattels , he may put them where he will , but if they spoyl in his default , he must answer for them . 19 E. 4. fo. 2. b.

If goods distrained be put in an open Pound , and they die , it is the losse of the Owner , but if they be put in another place , it is otherwise , 39 H. 8. Fitz. Distresse 6. He that distrains Beasts may put them in a close House , if he will give them meat ; for the putting of them into an open Pound , is but to the intent , that the Owner may give them meat : 1 & 2. Phil. & Mar. cap. 12. tit . Distresse . That no Distresse shall be taken out of the Hundred , unlesse to the open Pound , nor above three miles .

Where a man distraineth Cattell for doing Damage-feasant , or for rent , or service , and put them into the common Pound , or into another Pound , or place , and he who hath property in the Cattell , or other person , taketh the Cattell out of the said Pound , and driveth them where he pleaseth , he who distrained them may have a Writ de parco fracto , Fitz. Na. Br. 293. E.

A man may not distrain for any Rent or thing done for any Land , but upon the same Land that is charged therewith ; but in case where I come to distrain , and the other seeing my purpose , chaseth the Beasts , or beareth the thing out , to the intent that I shall not take it for a Distresse upon the ground , then I may well pursue , and if I take it presently in the high way , or in anothers ground , the taking is lawfull as well as there , upon the same Land charged , to whomsoever the properties of the goods be .

If one distrain my goods that are not distrainable by Law , I may have a generall Action of Trespasse , or an Action of the case against him at my choice , Co. 4. 94.

The Distresse must be reasonable , somewhat proportionable to the thing , or cause for which it was taken , and yet if the cause be so that a man cannot take a Distresse of lesse value , and the thing be after a sort entire , as in the Distresse of a Cart with its carryage , or with the Horse , or Oxen annexed to them for twenty shillings , though there be much inequality , yet may it not be unreasonable , Marl. 1. 4. 22 E. 4. 15. 20 E. 4. 3. 41 E. 3. 26. But such Distresses as are either excessive for magnitude , as if one take four Sheep for four pence , or four Oxen for two shillings , or the like ; these are unlawfull Distresses , for which the Bayliff or Distrainer shall be punished , Excessus in re qualibet in jure reprobatur . Yet if he take a Horse or Oxe for two pence , where no other Distresse is to be had , it is not excessive ; but if there were a Sheep , or other goods somewhat proportionable to be taken , there it is excessive and punishable , Co. 2. part . Inst. 107. 51 H. 3. Marl. 4. Co. 11. 44. 4. 8 H. 4. Fitz. Na. Br. 174. 45 Ed. 3. 26.

If one distrain my Kine great with Calf , and by driving they lose their Calfs , I may have an Action of the case , F. N. B. 86.

If goods be impounded in a close House , or secret place , so that the Defendant cannot come to seed them , and the goods do perish for want of sustenance , the Distrainer must pay for them . 33 H. 8. tit . Distresse 66.

If the Distrainer give the Cattell meat in the Pound , he cannot compell the Owner of the Cattell to pay for this , for the Distrainer is not compelled by Law to give them sustenance : and if they do agree after the Distresse upon a sum , yet this is no excuse , but it is for their deliverance ; but if they do agree at the time of the Distresse taken , that he should give them meat , and that he should have twenty shillings ( or a certain propounded sum ) for the same , this is a good bargain , 21 E. 4 , fo. 53.

An Action of Trespasse was brought upon the Statute , that none should be distrained by his Cattell in the Plough , so long as any other reasonable Distresse may be had : and the Plaintiff declared the taking to be against the Statute , and did not specially shew that he had other Cattell to be distrained , yet it was adjudged good for the Defendant to alleadg this , 4 E. 3. & 18 E. 2.

Stuff sent to a Taylor , Weaver , Fuller , Sheerman , Miller , &c. shall not be distrained , for these Officers are necessary for the Common-wealth ; and the like Law is of and in a Common Inn.

A Distresse must be of a thing whereof a valuable property is in some body , and therefore Dogs , Bucks , Hares , Does , Cunnies , Bees , and the like , that are ferae naturae , or apparel , Armour or Jewels cannot be distrained . Yet though it be of a valuable property as a horse that a man rideth upon cannot be distrained , Fitzherb . in rescous , 11. quod nota .

If a man come into a common Inn , his Goods and Beasts shall not be distrained there , because then it would be prejudiciall to the Common-wealth .

Also Goods and Chattels brought into a Fair or Market to be sold , shall not be distrained , per. cur . Mich. 7 H. 7 fo. 15. 10 H. 7. fo. 21.

Windowes , Doors , Tables fixed on a post , a Furnace , pale , Timber , Boards fixed on the ground , Glasse , &c. cannot be distrained nor sorfeited by Outlawry : but if these are not used in a House , but standers by , then they may be distrained , Mich. 21 H. 7. fo. 13. Pasc. 14. fo. 25. H. 8. fo. 25. Trin. 21. H. 7. fo. 27.

If a Bayliff come to a house to distrain , the dores being fast shut and barred , and with his hand through a crevice or hole did shove the bar , and open the dore , and did take out two Cows in the name of a Distresse , and because he did take a Distresse in this manner , it was adjudged the Distresse to be wrongfull , Fitzherb . abridg . fo. 296.

No goods shall be distrained but the proper goods of the party , and not pledges , nor yet borrowed goods , 35. H. 6. fo. 25. per Moyle Justice . And it is not of Chattels reall , as a Lease for years , nor of apparrell 7 H. 6. 9.

A Distresse made by the servant of the Bayliff is good , 27. Ass. 6. 7.

If a man distrain Cattell , and they of their own accord come home again to the owner , he who distrained them cannot take them again , by reason of the first Distresse , except he doth freshly follow them , per Danby Justice , because of the negligence of the distrainer , 9 E. 4. fo. 2.

If a man come to distrain for Damage-feasant , and see the Beasts in his ground , and the Owner chaseth them out of purpose before the Distresse taken , the Owner of the ground cannot distrain them , and if he doth the Owner of the Cattell may rescue them , for the Beasts must be Damage-feasant at the time of the Distresse . 16 E. 4. 10. 2. 6. 2. Avowry , 182. lib. 9.

A horse cannot be distrained while the Owner thereof is riding upon him , or leading of him , nor if he be tyed at a Mill , and came thither with grist , nor a horse tyed at a mans dore , the Owner being gone into the House on some businesse , Pas . 39. Eliz. Co. B. adjudged .

If a Beast be unruly in the pound , and is like to leap over the pound , it seemes the distrainer cannot justifie the tying him to the pound nor the fettering of him . Broo. Trespasse 250. 27 Ass. pl. 64.

None shall distrain wrongfully upon the penalties provided , upon the Statute of Marlb . West . 1. 16. 3 E. 1.

None shall procure any to distrain another , to make him appear at the County Court , or any other inferiour Court , on purpose to vex him , and put him to charge and trouble , on pain to make Fine to the Lord Protector , and to pay the party grieved trebble damages , West . 1. 36. 13. E. 1.

An Axe that is in a mans hand cutting of wood , nor goods that are impounded , and in the custody of the Law , cannot be distrained , being distrained already , Damage-feasant .

If one distrain my Cattell , or Goods , without any cause or colour , that is not good and just : or if a man having distrained my goods , will not tell me , requiring it , and offering to give satisfaction for what cause he distrained them , or if having cause to distrain , he do distrain Beasts not distrainable , as Beasts of the Plough , or Sheep , or if having distrained Beasts distrainable , he afterward abuse them , as if being a Horse or an Oxe he work it , or being unruly he setter it , or lay it so as it be thereby hurt , or if he put the Distresse in an unknown place , that I cannot tell how to come to it , to feed it : or if he take them out of the County , and put them into a Pound in another County , or if he distrain them in a place not distrainable ; In all these cases , I may have an Action of Trespasse against him , Co. 8. 147. Doct. & St. 112. F. N. B. 47.

What goods may be taken upon an Execution .

EXecution is a Judiciall Precept , issuing out after Judgment ; properly called a Fieri facias , and lyeth where a man hath recovered in any Action lying in this Court , either by default or Verdict , then he that hath recovered may have this Precept , commanding the Bayliff to levy the monies ( so recovered ) of the Goods and Chattells of the Defendant , and to bring it into the Court , that the party Plaintiff may have it .

The Bailiff may ( by vertue of this precept or warrant after Judgement ) distraine the Defendants goods , and detaine the distresse in his hands , in safegard till the Defendant hath satisfied the Plaintiff of the condemnation , 22 Ass. 72. F. N. B. 165. and 4 H. 6. fol. 17. Action .

The Bailiff upon this precept is to do his utmost endeavour to levy the Money upon the Goods and Chattels of the Defendant , and for that purpose to enquire and search if he can finde out any Goods and Chattels of his , whereof Execution may be made ; and it will be wisedome in the Plaintiff to make a diligent search , to see if he can finde out any thing to be taken hold of , and if he can discover any , to direct the Bayliff to it , who ex officio is to take it , and to sell it ; and if he cannot sell it , he is to return it so , and thereupon a Precept called a Venditioni exponas shall be sent to the Bayliff , to force him to sell it , and pay the Plaintiff .

Goods taken in Execution , must be praised , and Execution made of them , 27. Ass. 72.

Where erroneous Judgment is given , the Officer which doth the Execution is excused , 22. Ass. 64. Plowden 194. But the contray , if Judgment be given that is void or voidable : for where Judgment and Execution is of a thing whereof they have no Jurisdiction , there Trespasse lyes against the Officer , for executing it ▪ but if Judgment be there but erroneous ; and so void , false Judgment lyes , and no Trespasse against the Officers , Plowdens com. 394.

If after Judgment a man doth sell his goods , to defraud me of my Execution , and neverthelesse taketh the profits of them : if it be so found , I may have Execution of the goods sold by fraud , 43 E. 3. fo. 2. 22. Ass. 72. 50 E. 3.

If the Bayliff hath a Fieri facias against a man , and before Execution he payeth the mony ; in this case he cannot do Execution after : if he do , an Action of Trespasse lyeth against him . B. R. pach . 12 Car.

If the Sheriff open or break any House to do Execution at the Suit of a common person , the Execution is good , but the party , whose House is broken , may have an Action of Trespasse against him for the breaking of the House , Co. 5. 93. 3.

If the Sheriff levy mony upon an Execution , and giveth it to the Plaintiff , though he never make any return to the Court it is good enough , Co. 5. 90. 4. 67. 11. 40. 20 H. 6. 24. 4.

If a man hath a Judgment in this Court against the Plaintiff , or the Defendant , and the Execution is deferred in favour of him , the party grieved may have a Writ de executione Judicii from above , to hasten it . F. N. B. 120.

This Writ de executione Judicii is directed to the Sheriff , in whose county the execution ought to be done , & if he will not doe Execution , the Complainant shall have an Alias and a Plures , with this clause in the Writ of Plures ( or signifie unto us the cause why , &c. ) And if he do not Execution upon this Writ , or return not some reasonable cause wherefore he delayes the Execution , the party shall have an Attachment against the Sheriff returnable into the Upper Bench or Common Pleas , and must be directed to the Coroners ( returnable as abovesaid ) to answer , &c.

Goods pawned shall not be taken upon Execution , for the debt of him who pawned them , during the time they are pawned , 24 H. 8. Pledg . 28. & 4 E. 6. Distresse , 75.

By Fieri facias ( or Levari faoias ) the Bayliff cannot break the door or chest to take goods in Execution , for if he do , Trespasse lyes against him for the breaking onely , and not for taking the goods in Execution , 18 E. 4. fo. 4. & 13 E. 4. fo. 9. by Choke , notwithstanding , 8 E. 2. tit . Executors , 152. to the contrary .

If a man letteth to farm by the year , Oxen , or Cattel , and after the Lessee for years is condemned in an Action of debt , these Cattell and Oxen demised , during the term cannot , nor shall not be taken in Execution for this debt , 22 E. 4. fo. 10.

A Bayliff cannot pull the latch to open the door , if it be shut , to make a Distresse , Co. 5. 91. 93. Dyer , 67. 224. But if the out door of the House be open , the Sheriff may go into the House and take any thing these lyable to Execution , and being come in at the open door , it seemes he may break open any of the inner doors , 18 E. 4. 4. Co. 5. 90. Co. 4. 74.

Of the Replevin .

CAttell being distrained for Rent . Damage-feasant , &c. the Owner of the Cattell must goe to the County Clark ( or some one of the Deputies appointed in the County for the granting out Replevins ) to have a Replevin directed to the Bayliffs to Replevie them , and the party must be bound in an Obligation to the Sheriff , to prosecute his Action against him or them that did take the Cattell , and to make return of the same Cattell to the Distrainer , if he by Justification or Avowry do recover . And if he pursue it not , or if it be found or judged against him , then he that took the Distresse , shall have again the Distresse , and that is called the return of the Beasts , and he shall have in such case a Writ from above , de Returno habendo .

This Replevin may be returned out of the County into the Common Pleas by a Writ of Recordare .

If the goods cannot be taken by the first Replevin , then issueth forth an Alias , then a Plures , then a Toties quoties , and if none of these will do , then a Withernam .

The suing of a Withernam is after this manner .

If the Bayliff return at the next County , upon the Toties quoties , that he cannot Replevie the Cattell , because they are esloyned , or that he cannot have view of the Cattell , then the Sheriff ought to make inquirie if it be true which is returned , and if it be so sound out , he shall make a Precept to the Bayliff in the nature of a Withernam , to take as many Cattell of the other party . And if the Bayliff upon the Withernam thus awarded , return that the other party hath not any thing , &c. he shall have an Alias and Plures , and so ad infinitum , and hath no other remedy in this Court .

Note , that Cattell taken in Withernam , ad valentiam , that is , to the value of the Cattell that were first distrained , ( and so detained , that the Sheriff cannot execute the Replevin brought for them ) is to be understood not of the number of the Cattell first distrained , but according to their full worth and value . For otherwise he that bringeth the Replevin and Withernam will he deprived of his satisfaction he ought to have in case the Distresse were not lawfully taken .

But now to return again to the Replevin , if the thing distrained be put by the Distrainer in a place where the Sheriff cannot come at them to make a Replevie , he may take Posse comitatus , viz. the power of the County , and after demand of the Chattels , he may beat down the door or place where they are , to take them , and the Owner of the goods shall recover double for his losse what ever it be .

The Sheriff upon complaint made to him upon taking of Cattell may command his Bayliff by word to make a Replevin of them , and it is as good as though he had made his Precept to the Bayliff , Fitz. 6. 9.

He that hath the Replevin must have either a generall or speciall property in the thing ; as of goods pledged or the like , and it must be in him at the time of the taking , or otherwise he cannot have or maintain the Replevin for them .

Diverse mens Cattell being taken , they may not joyn in one Replevin , but must have severall Replevins .

A Replevin ought to be certain in setting forth the number and kinds of the Cattell distrained , otherwise it is not good ; because if it be not certain , the Sheriff cannot tell how to make deliverance of the Cattell , because he knows not particularly what the Cattell are that were distrained , Trin. 23. Car. B. R.

If a man taketh and impoundeth goods , a Replevin may be of more Cattell than were impounded , for if a man distrain Cows or Ewes , &c. and they have in that Pound Calves or Lambs the Plaintiff shall have a Replevin for them all , and by Lit. it was adjudged , Mich. 8. E. 3. That if a man distraineth and impoundeth a Sow great with pigs in the Pound , the Owner shall have a Replevin for the Sow and the Pigs .

If Cattell be distrained , and a Replevin is sued , the Defendant doth avow for taking of them Damage-feasant or for Rents , Customs , and Services , and are at issue , and after the Plaintiff is non-suit , or otherwise barred , he shall lose his costs and damages , by the stat. of 7 H. 6. cap. 5. but by the stat. 21 H. 8. it is clear , Pasch. 14. Mar. Dyer . 141.

If a man by his Deed grant a Rent with clause of Distresse , and grant further that he shall keep the goods distrained against Gages and Pledges untill the rent be paid , yet shall the Sheriff replevie the goods distrained ; for it is against the nature of such a Distresse to be irrepleviable , and by such an intention the current of Replevins should be overthrown , to the hindrance of the Common wealth . 31 E. 3. Gage deliver . 5. Co. Inst. 1. fo. 145. b.

If in this case the taker of the Cattell justifie the taking as in his Freehold , then this Court can proceed no further therein , but the cause must be removed by a Writ out of the Chancery called a Recordare facias loquelam , directed to the Sheriff returnable the next term following , either into the Court of upper Bench , or Common Pleas ( to which the party pleaseth ) but they are more properly belonging to the Court of Common Pleas , and this Writ must be openly read , and allowed in the same Court , to the end that notice may be given thereof to the Plaintiff in the Replevin , that he may appear at the day of the return thereof , and declare against the taker of his Cattell , otherwise the taker will have a retur . habend . aver . and put him to sue forth the second deliverance , which is a great disadvantage to the Plaintiff ,

If a Replevin be sued out , and the Defendant doth avow for taking of them Damage-feasant , or for rents , customs , or services ; and are at issue , and after the Plaintiff is Non-suit , or otherwise barred , he shall lose his costs and damages , Stat. 7 H. 6. cap. 5. 21 H. 8. Pasc : 4. Maria , Dyer . 141.

Of the Processe of this Court .

THe Process of this Court , are either originall , issuing out before Judgment : Or Judiciall , issuing out after Judgment Originall is a Distringas or County Warrant , &c. Judiciall Process is onely a Fieri facias , or Execution , directed to the Bayliff , to levy the debt or damages , and cost of Suit recovered , of the goods of the Desendant or of the Plaintiff if he be non-suited .

The Originall Processe , viz. Distringas , or County Warrant , is a Precept issuing out for a debt under forty shillings . It s form is as followeth .

Y. ss. I. B. Esq Sheriff of the said County , to all and singular my Bayliffs within the said County , and their Deputies greeting .

Commanding you , and every of you , that you distrain R. B. by his goods and chattels within the said County , so that he be and appear at the next County Court to be holden at the Castle of Y. on munday the 10 of J. to answer unto S. D. in an Action of debt And that you then and there certifie your doings herein .

Sealed with the Seal of my Office the sixteenth day of June , in the year of our Lord 1656. By the Sheriff .

If the Defendant do not appear the next Court after the Distringas executed ; then farther Processe issueth against him , viz. a Duces tecum to cause him to appear . If not upon the first Duces tecum , he appear , you may have an Alias Duces tecum , and a Plures Duces tecum ad infinitum untill he appear , and no other remedy here . The form is thus .

Duces tecum . Y. ss. I. B. Esq Sheriff , &c. to all , &c. greeting .

I command you and every one of you joyntly and severally , that you bring with you , and have at the Castle of Y. at my next County Court , all those goods and Chattels of R. B. which late by vertue of another Precept of mine to you first directed , you distrained at the Suit of S. D. and that you farther distrain the said R. B. by his other Goods and Chattels in the said County , so that he be at the Castle of Y. at my next County Court to be holden on Munday the , &c to answer to the said S. D. in a Plea of debt . And have you then and there this Precept .

Given under the Seal of my office the twentieth day of July in the year , &c.

If you have your Distringas or Duces tecum speciall . Then the form is thus

Speciall . Y. ss . I. B. Esq Sheriff of the County aforesaid , to all my Bayliffs and their Deputies in and through the County aforesaid ; more especially to R. S. and T. W. my Bayliffs in this behalf specially deputed , greeting , &c.

then proceed as in the former .

Of the Writ of Justices .

3 H 6. 54. 7 E. 4. Br. Iust. 3. THis Writ issueth out of the Chancery , directed to the Sheriff , giving him power to hold Plea in this Court , in Actions for forty shillings or above : and though it be directed to the Sheriff , yet are the Suitors Judges . It is called a Justices , because it is a Commission ( and no originall ) to the Sheriff to do a man Justice and Right , and though it be quod Justices B. yet the Sheriff is not Judge therein , but the Suitors , and a Writ of false Judgment lyeth upon their erroneous Judgment , and it requires no return , unlesse the Action be removed by a Writ of Recordare , and then the Writ must be returned , together with the Record , The form of the Precept upon the Writ , is as followeth .

Yo. ss. G. M. Esq Sheriff of the said County to all and singular my Bayliffs within the said County , and to their Deputies greeting .

By vertue of a Writ of Justicies of Oliver Lord Protector , &c. to me directed : I command you and every one of you joyntly and severally , that you or some of you do Justice to I. C. so that he be and appear at my next County Court to be holden at the Castle of Y. on Munday , &c. to answer unto E. L. in an Action of debt , and that you or some of you certifie your doings herein .

Sealed with the Seal of my office the two and twentieth day of August in the year of our Lord , 1657. By the Sheriff .
A Replevin .

IF any goods be taken wrongfully ( as before I have more at large declared ) then the party grieved , may have a Replevin , which must be made after this manner .

Yo. ss. G. M. Esq Sheriff , &c. to all and every my Bayliffs , &c. greeting .

Because G. A. hath comed before me , and given sufficient security to prosecute his Suit , and make return of his goods , if return thereof shall be adjudged . Therefore by vertue of my Office , I command you , and every of you , that you or some of you Replevie & deliver to the aforesaid G. A. two kine , which H. H. hath taken and unjustly detained against the said G. A. and his Pledges and also that you summon , and take safe Pledges of the said H. H. so that he be and appear at the Castle of Y. at the next County Court , there to be holden upon Munday , &c. to answer the aforesaid G. A. in an Action for the taking , and unjust detaining of his said goods : and that you or some of you then and there make return of your doings , together with this Precept .

Given under the Seal of my Office , &c.

And if the Cattell be not delivered by vertue of the said Replevin , then the Plaintiff may have an Alias Replevin , with these words vel causam mihi signifie . with which Replevin must be made after this manner .

Yo. ss. Alias . Replevin . G. M. Esq &c. to all and singular my Bayliffs , &c. greeting .

Because G. A. hath comed before me and given sufficient security to prosecute his Suit , and make return of his goods , if return thereof shall be adjudged ; Therefore by vertue of my Office , I command you , and every of you , as formerly I have commanded you , that you or some of you Replevie , and deliver to the said G. A. two Kine , ( without delay you cause to be replevied , or the cause to me you signifie wherefore my Mandates to you therefore directed , execute you would not , or might not ) which H. H. hath taken and unjustly detained , &c. as before in the other Replevin .

And if the Cattell be not delivered upon this Replevin , nor shew sufficient cause why he did not : then the Party may have a Plures Replevin , vel causam mihi signific . which must be made verbatim as the Alias Replevin was made ; and if return be made upon any of these Replevins , quod averia elongat . sunt ad loca sibi ignot . ita quod averia ill' praef. G. A. non potuit deliberar . then the Plaintiff may have a Withernam , which must be made in this manner .

Yo. ss. Withernam . G. M. Esq &c. to all , &c. greeting .

Because G. A. hath com'd before me , &c. ( as in the former ) I command you and every of you , as diverse times I have commanded you , that you or some of you replevie and deliver to the said G. A. two Kine , which H. H. hath taken and unjustly detained , and doth unjustly detain as it is said , and that you upon diverse of my Precepts for Replevie to be made to you directed , we have certified , that the same two Kine elongated are to places unknown , so that view of the same have you could not ; therefore I charge , and also command , that you take in Withernam Chattells to the value of the said two Kine , of the Chattels of the said H. H. to be delivered to the said G. A. for the two Kine aforesaid elongated , and also that you summon and take safe Pledges of the said H. H. so that he be and appear , &c.

as before in the Replevin .

Yo. ss. Alias capias in Withernam . G. M. Esq &c. to all , &c. greeting .

Because you have at my County Court held at the Castle of Y. on Munday , &c. the year , &c. to me returned : that by vertue of my Warrant to you many times directed , you came to the Pound of H. H. to the place where the two Kine aforesaid impounded and detained were by the said H. H. and these two Kine going and elongated were before your coming out of the Pound aforesaid , to places to you unknown , by the aforesaid H. H. for which the two Kine aforesaid Replevie you could not ; wherefore it is considered by the Court . willing to meet with the malice of him the said H. H. that the Beasts of the said H. H. be taken in Withernam to the value , &c. and these to the aforesaid G. A. be delivered safely and surely to be kept , untill to the same G. A. his Beasts aforesaid according to Law , you can Replevy , and according to the tenure of my Mandate aforesaid . Therefore you and every of you , joyntly and severally I command , that you take , or , &c. the Beasts of the aforesaid H. H. to the value , &c. in Withernam , and these to the aforesaid G. A. to be delivered , you cause , or , &c. safely and securely to be kept untill , &c. and distrain you , or , &c. the aforesaid H. H. so that he be at the Castle of Y. at the next County Court to be held on , &c. to answer the aforesaid G A. in the Plea aforesaid , and the answer of my Precept known , make you , &c. at the next Court ,

Given under the Seal of my Office , such day and year , &c.

Nota. Note that when a Replevin is granted , there must be a Bond taken of him to whom it is granted , or of some other for him , with one or two sureties , to appear at the next Court , and to prosecute his Suit with effect , or else it may be prejudiciall both to the Grantor of the Replevin , and to the Executioner thereof , and the form of that Bond , and Condition thereof is this .

An Obligation upon a Replevin .

Know all men by these presents , that we G. A. of Skipton in Craven in the County of Y. Gent. and I. B. of the same Town and County , Yeomen , are held and firmly obliged to G. M. Esq Sheriff of the County aforesaid in the summe of 100 l. of lawfull mony of England , to be paid to the said G. M. or his certain Attorney , his Executors or Assigns , to which payment well and truly to be made , we bind us , our heirs , Executors and Administrators , firmly by these presents , with our Seals sealed ,

Dated the tenth day of July , in the year of our Lord 1656.

The Condition . The Condition of this Obligation is such , That if G. A. do appear at my next County Court to be holden for the County of Y. at the Castle of Y. on Munday the , &c. next , and do prosecute there with effect his Suit which he hath commenced against H. H. for the taking and unjust detaining of two kine of the goods of him the said G. A. and to make return of the goods ; if return of the same shall be adjudged : That then this present Obligation shall be void and of none effect , &c.

Or thus . that whereas G. A. hath obtained from the above named Sheriff , a Replevin for the delivering of two kine and other goods distrained , and detained by H. H. and others , if therefore the said G. A. do prosecute his Suit upon the said Replevin with effect , and do make return of the goods , if return thereof shall be adjudged ; and also to save and keep harmlesse the said Sheriff , by reason of the said Replevin , to him granted , as aforesaid , That then this present Obligation to be void , &c.

A Tolt .

TOlt , comes from the Latine word tollo , viz. to take away : It is a Precept by which a cause depending in a Weapentake , or Hundred Court , or other inferiour Court Baron , may be from thence removed into this Court ; The form is this .

Yo. ss. I. B. Esq Sheriff of the County aforesaid , to the Stewards , and also to the Bayliff of the Hundred of H : greeting ;

Whereas I am informed that you are favorable , and not equall in a certain Plaint depending before you in your Court , between W. A. Plaintiff , and R. M. Defendant : therefore on the behalf of his Highnesse the Lord Protector , and by vertue of my office , I command you and either of you , that you take the Plaint so depending before you in your Court between the said parties , so that I may have the same at my next County Court to be held at the Castle of Y. on Munday , &c. next , in the same state and Condition , as it is now depending before you : and that you give notice to the said parties of the same day , that they may be there ready to prosecute the said Plaint , as to Justice and Right shall appertain , and that in further prosecution of the said Plaint in your Court , you altogether supersede , and no further proceed therein ; and this , &c.

given under the Seal of my Office , the , &c.
The return .

Hundred of H. ss . At the Court Baron holden at W. within the Hundred of H. aforesaid , upon Wednesday the last day of Iuly , the year , &c. in the time of I. B. Esq Sheriff of the County aforesaid .

The Plaint .

W. A. Plaintiff , complains of R. M. Defendant in a Plea of debt , damages twenty shillings .

By vertue of this Precept to us directed , to be recorded and taken , we have caused the Plaint depending before us in our Court , betwixt the parties above named , and in the same state and condition , as it is now depending ; and to the same parties we have prefixed and given notice , that they be at the County Court within written , at the day and place within mentioned , to prosecute the said Plaint , as to Justice and Right shall appertain , and as this Precept exacts and requires ; In testimony whereof we have hereunto set our Hands and Seals , &c.

I. S. Steward . T. L. Bayliff .
Judiciall Processe .

JUdiciall Processe issue out after Judgment , either by default , or Nihil dicit against the Defendant ; or Non-suit against the Plaintiff : The form of Judiciall Processe or a Fieri facias is this .

Y. ss. I. B. Esq Sheriff , &c. to all and singular my Bayliffs , &c. greeting .

I command you and every one of you joyntly and severally , that of the Goods and Chattels of T. B. you or some of you cause to be made as well a certain debt of thirty shillings which H. S. in my County Court hath recovered against him ; as also 13 s. and 10 d. which to the said H. S. in the same Court were adjudged for his costs and charges about his Suit in this behalf expended , and have you the mony at the Castle of Y. at my next County Court there to be holden upon Munday , &c. to render to the said H. S. of the debt and damages aforesaid : whereof he is convict .

And this given under the Seal of my Office , &c.

Yo. ss. Fieri facias against an Executor . I. B. Esq Sheriff , &c. to all and singular my Bayliffs , &c. greeting . I command you and every of you , joyntly and severally , that you or some of you levy of the goods and chattels which late were W. W. deceased , at the time of his death , and now remaining in the hands of I. W. Executor of the Testament of the said W. W. and not administred of , as well a certain debt of 40 l. which T. L. in my County Court by vertue of a Writ of Justicies recovered against him : as also 20 s. which to the said T. L. in the same Court was adjudged for his costs and damages , which he sustained by reason of the detaining of the said debt ; If the said I. W. Executor of the Testament of the said W. W. have so much goods or chattels De bonis propriis . in his hand , which were the said W. W. at the time of his death sufficient to satisfie the debt and damages aforesaid : If he have not so much goods or chattels in his hands which were the said W. W. at the time of his death sufficient to satisfie the said T. L. of the debt and damages aforesaid ; That then you or some of you levy of the proper goods and chattels of the said I. W. the damages and costs aforesaid , so that I may have the said mony at my next County Court , to be holden at the Castle of Y. &c. to render to the said T. L. the debt and damages aforesaid , whereof he is convict . And this Yo. ss. Fieri facias upon a Non-suit for costs . given under the Seal of my Office , the , &c.

I. B. Esq &c. to all and singular my Bayliffs , &c. greeting . I command you and every of you , that of the goods and chattels of T. O. you levy 20 s. which S. D. in the County Court ( according to a Statute provided in that case ) were adjudged for his costs and damages , which he sustained in his own defence in a certain Plea of debt , which the said S. D. against the said T O. of late brought , because the said T. O. did not prosecute his Suit , but was thereupon non-suited and convicted : so that I may have the mony at my next County Court at the Castle of Y. holden on Munday , &c. next , to satisfie the aforesaid S. D. of his costs and damages aforesaid ; And this , &c. Given under the Seal of my Office the , &c.

I. B. Esq &c. to all , &c. greeting . I command Yo. ss. Fieri facias upon a Verdict , for the Defendant . you that of the goods and chattels of T. C. you levy 40 s. which to P. P. in my County Court , were adjudged for his damages which he sustained in his own defence , in a Plea of debt , by the said W. against him the said P. P. lately brought , whereof the said P. P. was quieted , and by Verdict of his Country , whereof the said T. C. was convict : & have you the mony at my next County Court , to be holden at the Castle of Y. on Munday , &c. to satisfie the said P. P. of his damages aforesaid . And this , &c. given under the seal of my office , &c.

Fieri facias after a Scire facicias against an Administrator upon a Verdict had against the intestate . I. B. Esq &c. to all , &c. greeting . I command you and every of you joyntly and severally , that of the goods and chattels which late were of E. S. Esq who dyed intestate as it is said , and now in the hands of R. M. Gent. and A. his wife Administratrix of the goods and chattels which were the said E. S. at the time of his death remaining to be administred ; you cause to be made as well a certain debt of 4 l. which I. W. hath recovered against the said E. S. in my County Court as 30 s. which to him the said I. W. in my same Court were adjudged for his costs and damages which he had ( by occasion of detaining of the same debt ) by vertue of a Writ of Justices , so that I may have the said mony at my next County Court to be holden at the Castle of Y. &c. to render the aforesaid I. W. of the debt and damages aforesaid , whereof the aforesaid E. S. was convict , And whereupon it was considered in my same Court that the aforesaid I. W. should have Execution against the aforesaid R. M. &c. of the debt and damages aforesaid , of the goods and chattels aforesaid by his the said R. M. his default . And this given under the seal of my office the , &c.

Venditioni exponas . I. B. Esq &c. to all & singular my Bayliffs , &c. greeting . I command you and every one of you joyntly and severally , especiall to F. P. Bayliff of the Liberty of S. and his Deputies , who hath the goods taken upon an Execution issuing out of this Court , that those twenty weather Sheep , of which , each , you cause to be apprised at eight shillings , of the goods of I. C. Esq which you took and remain in your hands unsold for want of buyers , as you your self returned to my Court , you expose to sale , and the mony thereof , which in the whole amounts to eight pounds , you have at my next County Court at the Castle of Y. holden on Munday the tenth day of May next , to render to W. G. which to him the said W. G. in my Court were adjudged for his damages which he had by occasion of a certain Trespasse to him committed by the aforesaid I. C , brought , whereof he is convict . And this given under the Seal of my Office the 18 day of October in the year of our Lord 1657.

By the Sheriff .
Of a Scire Facias .

IF a Fieri facias do not issue out within a year and a day , after Judgment entered ; it cannot be had till there be a Scire facias first sued out to summon the Defendant to shew cause why Execution should not be done , and if now he neglect to answer , or cannot be found to be summoned , then a second Judgment shall be given , that that Execution be done of the first Judgment .

If Judgment be given against a Testator , albeit it be within a year after . Judgment had ; yet there must first issue out a Scire facias , against the Executor or Administrator ( before Execution ) to shew cause why it should not be had .

Or if a man recover against a Feme-sole , and she become covert , viz. take a Husband within the year and the day ; then he that shall recover must have a Scire facias against the Husband .

Scire facias , post diem & annum .

Y. ss. I. B. Esq Sheriff , &c. greeting . Whereas W. F. of late in the Court of the aforesaid County , by Judgment in the said Court of the County aforesaid , held at the Castle of X , on Munday the tenth day of February 1654. before the Suitors of the said Court , recovered against G. L. as well a certain debt of thirty two shillings , which the said W. F. in the same Court recovered against him , as thirteen shillings and ten pence , which to the said W. F. in the same Court were adjudged for his damages , which he sustained by the occasion of the detaining of the debt , of which he is convicted , for as by the proceedings from thence in the same Court residing , notwithstanding the manifest Execution of the aforesaid Judgment remains to be done , as by insinuation , the aforesaid W. F. hath recovered . And because that I will that those things which were in the said Court be rightly done , to demand due of the said Iudgment ; Therefore I command you that by honest and lawfull men of my Bayliwick , you give notice to the aforesaid G. L. that he be at the Castle of Y. at my next County Court , there to be holden upon Munday the third day of May next , to shew if he have any thing to say , or no , why the said W. F. ought not to have his Levy or Execution against him , according to the force , form , and effect of the said Recovery , if it seem expedient to him , and have you then and there the names of them , by whom you give him notice , and have this Precept , &c. Given under the Seal of my Office the fourth day of Aprill ; in the year of our Lord 1656.

Scire facias against an Executor , after Judgment against the Testator .

Y. ss. I. B. Esq Sheriff , &c. greeting . Whereas N. N. late in the County Court of the said County held at the Castle of Y. on Munday , &c. before the then Sheriff of the said County , by Iudgment of the said Court , had recovered against H. N. as well a debt of forty pounds , as two and twenty shillings and two pence costs , for his damages which he sustained by reason of the detaining of the said debt ; whereof he is convict , as appears by the Proceedings remaining in the said Court . And whereas the Execution of the Judgment yet remaineth to be done , and the said H. N. since the giving of the Judgment aforesaid is dead , as by the intimation of the said N. N. I am informed . And because I am willing that those things , which are rightly done in the said Court , should be duly put in Execution ; I command you that by honest and lawfull men of the said County , you make it known to F. N. Executrix of the Testament of the said H. N. that she be at the next County Court to be holden for the said County at the Castle of Y. on Munday , &c. to shew if she have any thing , or know what to say , why the said N. N. ought not to have his Execution against her of the debt and damages aforesaid , to be levied of the Goods and Chattels which were of the said H. N. at the time of his death , and further to do and recieve , &c. Given under the Seal of my Office , &c.

Scire facias after marriage .

Yo. ss. I B. Esq Sheriff , &c. greeting . Whereas A. B. late in my County Court held at the Castle , &c. before the Suitors of the said Court had recovered against C. D. as well a certain debt of forty pounds as forty shillings , which to the said A. B. in the said Court were adjudged for the costs and damages , which she had by occasion of the detaining of the debt whereof he is convicted , as by the Proceedings thereof in the same Court before the said Suitors remaining manifestly appeareth . Neverthelesse Execution of the said Judgment remaineth yet undone . And the said A. B. since the Judgment aforesaid given , hath taken to Husband T. R. as by the allegation of the said A. B. I am given to understand , and because I will that those things which are rightly acted in my said Court be duly put in Execution , I command you that by honest and lawfull men of your Bailiwick you give notice , and make known to the said C. D. that he be at my next County Court holden at , &c. to shew , that if he hath or knoweth any thing to say , or no , for himself , wherefore the said T. R. should not have execution of the said judgement of the debt and damages aforesaid , according to the form and effect of the recovery aforesaid , if to him it shall seem expedient , and have you there the names of them by whom you give him notice , and make known to him , and have this precept , &c. Given under the seal of my Office the 4. day of Iune , in the year of our Lord 1658.

Venire facias Jurator .

Yo. ss. I. B. Esquire , Sheriff of the County aforesaid , to the Bayliff of the hundred of O or his Deputy greeting . I command you , and every of you , that you cause to come before me , or my lawfull Steward , by me appointed for the County Court to be holden at the Castle of Y. on Monday the , &c All those severall persons mentioned in the pannel hereunto annexed , to trie such several issues between party and party , as shall then and there be given them in charge . And hereof you must not fail , as each of you will answer the contrary at your perils , together with this precept . Given under the seal of my Office , &c.

Or thus .

Yo. ss. I. B. Esquire , &c. These are to require you the said Bailiff , to cause to come twelve good and lawfull men of your Bailiwick , that they be and appear at the next County Court holden at the castle of Y. on Monday , &c. by 9 of the clock in the forenoon to trie an issue joined between A. B. plaintiff , and C. D. desendant concerning a plea of debt . ( or as the case is ) And this given under the seal of my Office , &c.

And if a full Iury do not appear , then as many as make default , shall be amerced , and a Decem tales awarded to summon ten more as followeth , and the same day given to the first Iury.

Decem tales .

Yo. ss. I. B. Esq &c. These are to require you the said Bayliss , to cause to come ten more good and lawfull men of your Bayliwick , that they be here at the next County Court holden at the Castle of Y. on Munday , &c. with others , which to them shall be adjoyned , to try a certain Issue joyned between A. B. Plaintiff , and C. D. Defendant of a Plea of Debt , &c.

And as many of these as make default shall be amerced , and then an Octo tales shall be awarded , and if necessity require it afterwards a Sex tales .

Subpoena , or a Warrant to summon Witnesses .

Y. ss. I. B. Esq Sheriff of the County aforesaid , to I. B. I. G. &c. greeting To you and every of you I command , that ( all excuses and delayes being set apart ) you and every of you be and personally appear at the next County Court holden at the Castle of Y. on Munday the 10. day of Iune next , to testifie the truth according to your knowledge in a certain Action there depending between A. B. Plaintiff , and C. D. Defendant , on the part and behalf of the Plaintiff , in an Action of debt . And hereof fail you not , under the forseiture of one hundred pounds each of you . And this given under the Seal of my Office , the , &c.

A Liberate to deliver goods taken upon Originall or mean Processe .

County Court . ss. I. B. Esq Sheriff of the County aforesaid , To all and singular my Bayliffs within the said County , and their Deputies , especially to A. B. greeting , For as much as S. V. hath appeared by his Attorney in this Court to answer W. N. of an Action of debt . These are therefore to will and require you immediatly upon the sight hereof to deliver , or cause to be delivered unto the said S. V. Two kine of the goods of him the said S. V. which you have distrained , and do keep by vertue of my Warrant from this Court directed , at the Suit of the said W. N. Fail you not hereof , as you will answer the contrary . Given under the Seal of my Office , &c.

A Precept upon a Proclamation .

Y. ss. I. B. Esq Sheriff , &c. to the Bayliff of the Hundred of B. and to his Deputies greeting . By vertue of a Proclamation upon Exigent to me directed , I command you and every of you , that you or some of you make two severall Proclamations . The one to be made at the generall quarter Sessions of the Peace to be holden for the North-riding of the County of Y. And the other to be made at the Parish Church door after divine service , where the severall persons under-written live , and that they and every one of them yeeld their bodies to me the Sheriff of the said County , where the Exigent lyeth , to answer the person at whose Suit the Exigent is against them . And hereof fail not at your perill . Given under the Seal of my Office , the two and twentieth day of August in the year of our Lord 1658.

At the Election of the Coroner , he is to be sworn in Court , by the County Clark , for the due Execution of his Office . In this manner .

You shall swear , that you well and truly shall serve his Highnesse the Lord Protector , and the Common-wealth in the Office of a Coroner : and as one of his Highnesse Coroners of the County of Y. and therein you shall truly & diligently do , and accomplish all and every thing and things appertaining to your Office , after the best of your cunning , wit , and power , both for the profit and good of the Inhabitants within the said County , taking such Fees , as you ought to take by the Laws and Statutes of this Common-wealth , and not otherwise ; so help you God .

The Oath of an Attorney in this Court .

YOu shall do no falshood , nor consent to any to be done in the Court , and if you know of any to be done , you shall give knowledge thereof to the Steward , or county Clerk , that the same may be reformed ; you shall delay no man for lucre , or malice ; you shall increase no fees , but shall be content with the old fees accustomed ; you shall suffer no forreign or illegal suits to hurt any man , nor plead or cause to be pleaded any forreign plea , but such as shall stand with the order of the law and your conscience ; you shall seal all such processe as you shall sue out of this Court with the seal thereof ; you shall not procure to be sued any false suit , nor give aid nor consent to the same . And lastly , you shall use your selfe in the office of an Attorney within this Court according to your learning and discretion . So help you God .

A Warrant of Attorney . To S. D. one of the Attorneys of the County Court for the County of Y. &c.

I A. B. do hereby desire you , and do give you full power , license , and authority , to appear for me , and for , &c. in your said Court on Monday , &c. in an action of debt , for , &c. at the suit of E. D. upon an obligation , conditioned for the payment of , &c. in which said obligation I stand bound as principal . And this shall be your sufficient warrant in that behalfe . In witnesse , &c.

Bond for appearance .

It hath been formerly used to take a bond of the defendant for his appearance in this Court : the form of the condition is thus .

THe condition , &c. That if the above bounden E T. do appear at the next County Court to be holden at the Castle of Y. on monday the first day of Ianuary next to answer H. B. in a plea of debt , and do also stand to such order as the Court in that behalfe shall set down and adjudge according to law . That then this present obligation to be void &c.

A sale of Goods to the Plaintiff levied upon a Fieri facias , by the Sheriffs Bailiffe .

KNow all men by these presents , That I , G. B. of Skipton in Craven , Bailiffe of the Liberty or Weapentake of Slaincliffe in the County of Y. By vertue , of a precept of Fieri facias from the Sheriff to me directed , have levied of the goods and chattels of , &c. the sum of , &c. pa●t of a debt due to , &c. levied by vertue of the precept to his use . In full satisfaction of which said sum of , &c I do by vertue of the precept or warrant to me directed as aforesaid , assigne , sell , and set over unto the said , &c. all the goods and chattels in the apprisement hereto annexed , nominated at the rate of , &c. To have , &c. the said goods and chattels , to him , his heirs , executors , and administrators , as his or their own proper goods and chattels , as fully and absolutely as I the said G. B. might , could or ought to do by force and vertue of the said precept and apprisement , or otherwise howsoever . In witnesse whereof I have hereunto set my hand and seal the sixteenth day of August in the yeare of our Lord , 1658.

A Deputation for a Bailiff of an hundred .

I. B. Esquire , Sheriffe of the County of Y. to all Christian people to whom these presents doth or may concern , greeting . Know ye , that I the said Sheriff , have deputed , constituted , and appointed R. D. of A. in &c. my lawfull Bailiff and Deputy within the Hundred of B. in the North-riding in the County of Y. aforesaid , to have and execute the said Office of Bailiff within the said Hundred , or elswhere within the said County of Y. as occasion shal require it , during my pleasure onely and no longer : and to receive and take to my use all Fees as well for Distresse , Attachment and Perquisites of Courts , and other profits due and accustomed whatsoever to the said Bayliwick belonging , or in any wise appertaining . And whatsoever my said Bayliff shall lawfully execute and do in his said Office , I do hereby warrant , ratifie and confirme , as my own act and deed . In witnesse whereof I have hereunto set the Seal of my Office the seventeenth day of August , 1658.

The Fees .

TheFeestotheCountyClark. l. s d. FOr every Distringas 00-00-08 Every speciall Distringas 00-01-08 Duces tecum 00-00 08 A speciall Duces tecum 00-01-08 The Writ of Justicies 00-02-06 The Precept upon the Writ of Justicies 00-02-04 A speciall Precept upon the Writ of Justic . 00-04-04 A Replevin 00-02-04 A speciall Replevin 00-05-04 The Bond upon the Replevin 00-01-00 Subpoena , for Witnesses 00-00-08 Venire facias 00-02-00 Habeas corpora 00-02-00 Fieri facias 00-02-00 Capias in Withernam 00-05-04 Scire facias 00-02-00 Tolt 00-01-02 Precept upon an accedas ad curiam 00-02-04 Supersedeas 00-02-04 Procedendo 00-02-00 Warrant of Attorney upon every Distringas 00-00-02 Warrant of Attorney upon a Iusticies 00-00-04 Entring Essoynes for every name 00-00-04 Entring Imparlance 00-01-00 Copying the Declaration 00-01-00 Allowing the answer 00-01-00 Copying the answer 00-01-00 Allowing the Replication 00-01-00 And for copying the Replication , and allowing the Rejoynder , &c. and so of the rest 00-02-00 Entring a Rule 00-00-04 Entring a Default by Nihil dicit 00-00-04 Entring a Non-suit 00-00-04 Dividing a Plaint for every name 00-00-04 Entring Judgment 00-02-00 Transcript upon a Plaint 00-01-08 Transcript upon a Writ of Iusticies 00-03-04 Allowing a Recordare 00-04-00 Allowing a Pone 00-04-10 Allowing a Writ of False Iudgment 00-06-08 .
FeestotheAttorney. FOr drawing every Declaration 00-01-00 Drawing every answer 00-01-00 Drawing the Replication 00-01-00 Drawing Rejoynder 00-01-00 Drawing Sur-rejoynder 00-01-00 For every Court day , wherein he proceeds in the Action , allowed as his Fee 00-02-00
FeestotheBayliffforexecutingofProcesse. FOr executing a Distringas , of the Plaintiff 00-00-04 and of the Defendant 00 00-08 A Duces tecum of the Plaintiff 00 00-04 And of the Defendant 00-00-08 A Iusticies , of the Plaintiff 00-01-00 and of the Defendant 00-02-00 A Replevin , of the Plaintiff 00-02-00 A Venire facias 00-02-00 If tried for the Habeas corpora 00-02-00 A Fieri facias 00-02-00 A Scire facias 00-02-00

The Order of the Judges of Assize , at York , the 24. day of July 1654. concerning Essoins illegally returned into this Court.

WHereas of late Judgements have been surreptitiously obtained in this Court , by reason of Essoins unduly brought into the Court , by Bailiffs or their Deputies , and others , after attachment of goods for appearance , which pretended Essoins , being afterwards disavowed by the defendant , have occasioned sundry complaints , and suits , when the defendants goods were taken in execution : for preventing whereof , it is ordered upon advice and consultation had with the Judges of Assize at Y this day , that henceforth no common Essoin shal be entred and allowed by the Court to save a default , unlesse it be warranted in writing , under the proper hand-writing , or under the hand , seal , or mark of the defendant , thereby specially authorizing the party being the Essoiner to cast such Essoin for him , and in his name ; for the truth of which subscription , or sealing , the same Essoin is to be sworn in open Court , and no Essoin is to be admitted , or received from henceforth being not affirmed , and sworn unto , and so entred upon the back of the warrant of attachment , which is to remain upon the file amongst the Rolls or proceedings of the Courr , and if any other person ( not being a Bailiff ) shall be the Essoiner , he is to bring the like warrant from the Defendant in writing as is aforesaid , and be sworn for the truth thereof , which is to remain in Court as aforesaid : And no ▪ jugdement shall be given where there is no other appearance but an essoin : Unlesse the Essoin shall appear to be warranted as aforesaid .

Nota. To swear to warrant Essoyns in this Court is contrary to the Statute of Marlbridge . cap. 19. which saith , De essoniis autem provisum est , quod in Com. &c. nullus habeat necesse jurare pro Essonio suo warrantizand .

Of the nature and Return of those Writs that do remove actions out of this Court into superiour Courts .

WRits removing suits out of this Court , may be without shewing cause in the writ , if the remove be by the Plaintiff , but not without shewing good cause , if it be by the Defendant . As that the suit is for Charters of land , or for inheritance , or for freehold of Land , or any titles of Land , or actions touching life , or actions to cause one , to render an accompt , or trespass vi & armis , all which are not within the cognizance of the Court. Or that he before whom the action depends , is a favourer of him that is on the other side , or that the Defendant avoweth for damage feasant , and the Plaintiff doth justifie for common of pasture , which is a plea touching Freehold , and thrrefore the prosecution in this Court ceaseth .

First of a Recordare facias loquelam .

Recordare facias loquelam . A Recordare is a writ issuing out of the Chancery directed to the Sheriff , commanding him to send a plaint that is before him in his County Court , without writ of Iusticies into the Court of Vpper Bench , or Common Pleas , to the end that the cause may be there determined . And the Shiriff is hereupon to summon the other party to be in that Court ( into which the Plaint is to be sent ) at a day certain ; And of all this he is to make a certificate under his own Seal , and the Seals of four Suitors of the same Court .

The Return . By vertue of this Writ to me directed , at my County of Y. held at the Castle of Y. within written ( such a day and year ) to be Recorded , I caused the Plea , of which within is made mention , which appears in a Schedule to this Writ annexed , and that Record I have before the Iustices within written , at the day and place within contained , under my Seal and the Seals of W. H. E. R. &c. four good and legall Knights of the same County , of them who at the Record present were , and to the parties within written that day I have prefixed , that then they be there in that Plea , as just it may be to prosecute , as within to me is commanded .

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

The Shcedule . At my County Court held at the Castle of Y. in the County aforesaid , such day and year , before I. R. M. L. I. S. and S. D. four Suitors of the said Court amongst other matters is contained .

Y. ss. The Plea . R. S. complaineth against B. W. of a Plea of debt , ( or as the case requires ) I. B. Esq Sheriff pledg . of prosec . I. S. I. D. In testimony of , &c.

Or thus . By vertue of this Writ to be recorded , I have caused the Plea which is in my County , without Writ of Oliver Lord Protector , &c. betwixt A. B. and C. D. concerning the Beasts of him the said A. B. taken , and unjustly detained , as it is said , and that Record I have before the Justices within written , at the day and place within contained under my seal and the seals of E. B. S. D. R. B and I. L. four legall Knights of my County , of those who at the Record present were , as it appeareth in a certain Schedule to this Writ annexed , according to the Exigency of this Writ .

At my County held , &c , as before .

By vertue of this Writ in form within written , I came to the Court within written , and in that full Court to be recorded caused the plea within written , and that Record as it appeareth in a Schedule to this Writ annexed , I have before the Justices within written , at the day and place within contained , and to the parties within written that day have prefixed , that then they be there , in that Plea , as just it may be to proceed , as within to me is commanded .

The Schedule . A. B. complaines of C. D. in a Plea of taking of the Beasts of him the said A. B. in testimony of which matter , E. B. S. D. I. W. and I. R. four legall men of those who at the Record present were in full Court at the Castle of Y. in the County aforesaid , the tenth day of Aug in the year , &c. to the same Record their Seals severally have put the day and year abovesaid .

Nota. Note , that though the Plea be discontinued in the County , yet the Plaintiff or Defendant may remove the Plaint into the Common Pleas or Upper Bench by a Recordare , &c. and it shall be good , and he shall declare upon the same . And the Court shall hold Plea upon the fame Plaint ; for if the Plaint be continued in the County , and issue joyned upon it , yet nothing shall be removed but only the Plaint , and in the Common Pleas the Plaintiff may declare anew , &c.

Likewise if the Recordare bear date before the Plaint was entred in the County , it is good enough , and the Record is well removed .

The nature of a Pone .

A Pone doth nothing differ from a Recordare , but that a Pone is allwayes to remove such Suits as are before the Sheriff by Writ of Iusticies , and not by Plaint onely ; but the Recordare is to remove the Suit that is by Plaint onely without Writ . F. N. B. 70. 11.

The Return . By vertue of this Writ to me directed , I have put before the Justices , &c. of the Common Bench at Westminster , the Plea which is in my County by Writ of his Highness the Lord Protector of Iusticies , betwixt A. B. and C. D. of a Plea of debt , as it is said , as it appeareth in a certain Schedule to this Writ annexed , &c.

The Schedule . At my County Court held at the Castle of Y. in the County aforesaid , upon Munday the twelfth day of August , in the year of our Lord 1658. &c. A. B. complaineth of C. D. of a Plea of debt , in testimony of which matter , R. L. S. R. T. O. and S. D. four legall men of those who at the Record present were in full Court their seals severally have put , the day and year abovesaid .

The Plea by Writ . Nota. A. B. complaineth of C. D. of a plea of debt , 20 l.

That if a plea be removed by Pone at the suit of the Defendant , or Plaintiff , and afterwards they proceed in this Court in the plea , and give judgement and award execution , &c. then the Defendant , or he against whom the judgement was given , and execution awarded shall have an attachment against the Sheriff directed to the Coroner , to answer as well his Highness the Lord Protector , for the contempt , as the party his damages , &c.

Of the Writ of Prohibition .

THe Writ of Prohibition is of the same nature of a Recordare , and a Pone , but not in use .

Of the Consultation , or Procedendo .

THese two Writs are both of one nature , though the Writ of Consultation be obsolete , and the writ of Procedendo stept up into its place ; it lieth where a cause hath been formerly removed by Pone or Recordare from this Court into the Vpper Bench , or Common Pleas , and for want of sufficient cause of removeall is sent back again , Fitz. old Natura brevium 50.

The nature of a Writ of False Judgement .

A Writ of salfe Iudgement lieth where an erroneous Judgement is given in this Court , ( being no Court of Record ) then the party grieved by the Judgment , may have this Writ , and remove all processe of the suit into the Common Bench , and there it shall be examined , if it be found erroneous , the Judgement shall be reversed , and the suiters of the Court who gave the Judgement amerced .

Nota. Note , that a Writ of false Judgement lieth not , but in a Court where there are Suitors ; for if there be no Suitors there , the Record cannot be certified by them , F. N. B. 43. H.

By vertue of this Writ to me directed , to be Recorded , The Return . I have caused the Plea ( which is in my County ) together with the proceedings and the Judgement , betwixt the parties beneath , and to the same parties day have prefixed , to be before the Justices within written , at the day & place within contained , as the Writ exacts and requires , which plea with the proceedings and judgment , appeareth in a certain Schedule to this Writ annexed .

The Schedule . A Plaint by Writ in the County Court , holden at the Castle of Y. in the County aforesaid , on Monday the 23. day of August , the year , &c. before the Suitors of the same Court , in the time of I. B. Esquire , Sheriff of the County aforesaid , according to the Customs and Priviledges of the same Court ( time whereof the memory of man is not to the contrary ) have been used and approved in the same .

Writ of Justicies At this Court came A. B. in his proper person , and brought here into Court a Writ of his Highnesse the Lord Protector of Iusticies , which said Writ follows in these words : O LIVER Lord Protector of , &c. To the Sheriff of Y. greeting . A. B. hath complained to us , that C. D. upon him the said A. B. at the Castle of Y. hath made an assault , and hath beaten , wounded , and evil intreated him , so that of his life it was despaired , and hath done him other wrongs , to the great damage and grievance of the said A. B. and therefore we command you , that you hear the said plaint , and after cause them to be therefore brought to justice for the same , that we hear no more complaint therein for want of justice . Witnesse our selves at Westminster the 10. day of August in the year of our Lord 1656. And thereupon found Pledges to prosecute the said plaint , that is to say , Io. Doo . and Ric. Roo . And thereupon the said A. B. put in his place S. D his Attorney in the plaint aforesaid , and by his said Attorney required processe to be made to him upon the same : And it was commanded by the said I. B. Esquire , Sheriff of the said County , to all and singular Warrant upon the writ . his Bailiffs jointly and severally , and their Deputies , that they or some of them should do justice to the said C. D. so that he should be and appear at the next County Court to be holden at the Castle of Y. on Monday the 20. day of September , then next in the year aforesaid , to answer the said A. B. in the plaint aforesaid . At which day came the said A. B. by his Attorney aforesaid , and offered himselfe against the said C. D. in the plaint aforesaid ; and then and there came I. P. one of the Bailiffs in the County aforesaid , of the said I. B. Sheriff of the said County , and returned the said precept so directed as Essoin . De male vener. aforesaid , served and executed on him : and the said C. D. did Essoin , because he could not come until the next County Court , to be holden at the Castle aforesaid , at which said next Court ( viz. ) on Monday the 10 , day of October then next following , in the year abovesaid , came the aforesaid A. B. by his Attorney aforesaid , and offered himself against the said C. D. in the plaint aforesaid , and the said C. D. then and there came in his proper person to answer the aforesaid A. B. in the plaint aforesaid , and put in his place I. R. his Attorney against the said A. B. in the plaint aforesaid , and by his said Attorney desired of the said Court , that the said A. B. should declare against him upon his said plaint : and thereupon the said A. B. by his Attorney aforesaid declared against the said C. D. upon the plaint aforesaid in manner and form following . Yo. ss. Declaration .

Emparlance . A. B. By vertue of a writ of Iusticies by S. D. his Attorney complains of C. D. of an action of trespasse and assault , for that the said C. D. the 10. day of October in the year , &c. at the Castle , &c. in and upon the aforesaid A. B. did make an assault and affray , and him did beat , wound , and evil intreat so that he did despair of his life , and other harms did do unto him , to the great damage of the said A. B. wherefore the said A. B. saith he is damnified to the value of 20 l. and thereupon brings this action , &c. Whereupon at the same Court , at the request of the Defendant , day was given to the said parties in the plaint aforesaid , till the next county Court , to be holden before the suitors aforesaid on Monday the 15. day of November then next following , saving to the Defendant , &c. at which day at the said Court before the suitors aforesaid , holden at the Castle of Y. aforesaid , came aswell the said A. B. by his Attorney aforesaid , as the said C. D. by his Attorney aforesaid , and then and there the said I. B. Esquire , was removed from the office of Sheriff of the County aforesaid , and R. L. Esquire was duly elected , and did enter into the said office of Sheriff of the County of Y. aforesaid , whereupon at the same Court , at the request of the parties , further day was given to the said parties in the plaint aforesaid , until the next County Court , on Monday the 13. day of December then next following , in the year abovesaid , to be holden before the suitors aforesaid , saving to the parties , &c. at which day , at the said Court , before the suitors aforesaid , holden Non sum informatus . at the Castle aforesaid , came aswell the said A. B. by his said Attorney , as the said C. D. by his Attorney aforesaid , And the said C. D. by his Attoruey aforesaid , came and defended the injury when , &c. And the said Attorney said that he was not informed by his said Clyent of any answer for him the said C. D. to the said A. B. in the plaint aforesaid to be given , whereby the said A. B. did remain against the said C. D. thereupon without defence , for which the said A. B. ought to recover against the said C. D. his damages by occasion of the trespasse , and assault , and wounding aforesaid ; but because it was not known Iury to inquire of damages . to the Court what damages the said A. B. had sustained by reason of the premises : therefore at the next County Court holden at the Castle of Y. aforesaid , in the County aforesaid , before the Suitors aforesaid , upon Monday the 10. day of Ianuary then next following in the year aforesaid , it was required by the oaths of I. W. R. S. S. G. M. L. T. P. &c. twelve good and lawfull men of the County aforesaid , being present in the Court , and in the full County sworn to inquire what damages the said A. B. sustained by occasion of the trespass & assault & wounding say upon their oaths that the said A. B. hath sustained damages by occasion of the trespass & assault , and wounding , to ten pounds , and for his costs and charges by him in that behalfe expended to two pence , therefore it was considered by the said Court , that the said A. B. should recover against the said C. D. his damages and costs aforesaid , by the Jurors aforesaid , in form aforesaid assessed ; and also forty shillings by the Court aforesaid , to the said A. B. by his assent , for increase of costs to him adjudged , which said damages and costs do amount to twelve pounds and two pence . And the said C. D. in mercy , &c. In testimony whereof , &c.

The nature of an Accedeas ad curiam .

THis Writ issues out of the Chancery , directed to the Sheriff , commanding him to go to such a Court of some Lord or Franchife , as Court-Baron , or the like ( being no Court of Record ) where a Plaint is sued , or a false judgement is supposed to be given in some suit , which hath been in the Court , and by this the Sheriff is there to make Record of the same suit , in the presence of the Suitors of the same Court , and four lawfull men of the County , and of this he is to make a Certificate into the Court above under his seal , and the seals of four of the Suitors of the same Court , at the day appointed by the writ , F. N. B. 71. Plowden 74. Finch . 444.

This Writ cannot be had without shewing some special cause for the removing of it : as that a Freehold is in question there , or some forreign plea is pleaded not triable in that Court , or such like , F. N. B. 70. 119.

The County Clerk is to make a precept upon the Writ in this manner :

Yo ss. I. B. Esquire , Sheriff of the County of Y. Precept upon an Accedeas ad curiam . To the Steward and Bailiff of the Court of the Honour of P. greeting . I command you by vertue of a Writ to me directed , that you take with you four discreet and lawfull Freeholders of the County aforesaid , and that you go to the Court aforesaid , and in full Court there cause the Plaint to be recorded , which is in the same Court without Writ , between R S. and G. M. of a certain trespasse upon the case brought by the said R. S. against the said G. M. as is aforesaid , And that you certifie the Record to me , so that I may have the same before the Justices of the Common Bench at Westminster , from the day of the holy Trinity in fifteen days under your seals , and the seals of four lawful men of the said Court , of those that shall be present at the Record , and that you prefix the same day to the parties , that then they be there ready to proceed in the said plaint as shall be just , and have you the names of the said four men , and this Precept ; fail not hereof , &c. Given under the Seal of my Office this second day of Iune , in the year of our Lord , 1656.

By the Sheriff .

The Return . Honour of P. ss . The Court Baron of G. S. I. K. &c. holden at P. for the honour of P. the 12. day of June in the year of our Lord 1656. before I. H. T. H. I. G. and R. H. suicors of the said Court .

The Plaint . R. S. complains against I. N. of a plea of Trespasse upon the case , to the damage of 30 s.

By vertue of this Writ to me directed at the Court aforesaid holden the day and year abovesaid , in full Court there to be recorded , I have caused the plaint , of which within is made mention , which plaint doth appear above written ; and that Record I have returned , sealed with my seal , and the seals of the aforenamed four lawful men , being in the said Court present at the said Record ; And to the parties within written , I have prefixed the day , in the Writ specified , that then they be ready to proceed , as just it may be in the said plaint , as within to me is commanded .

W. O. Steward . I. H. T. H. I. G. R. H. Suitors .

Record to be delivered in Court . By vertue of this Writ to me directed in form within written , I came to the Court within written , and in that full Court to be recorded I caused the plea within written , and the Record as it appeareth in a Schedule to this Writ annexed , I have before the Justices at the day and place within contained , under my seal and the seals of T. R. A. B. C. D. and E. F. four legal men of my Shire of those who at the Record present were , and to the parties , &c.

Or thus , if the Record be not returned .

By vertue of this Writ to me directed , and in my proper person , having taken with me R. S. &c. good and lawfull Knights of my County , I came to the Court Baron of G. S. I. K. &c. holden at P. for the Honour of P. to Record the Plea within written , at the day and place within contained , as within to me is commanded ; whereupon the Suitors of the Court aforesaid , at P. aforesaid , in full Court , me the within written Sheriff the said Writ there to execute , or as to the said plea in any manner to intermit , altogether denied ; for which execution of the Writ aforesaid make I could not , &c.

It is a good return for the Sheriff to say , that after the receipt of the Writ , and before the return thereof , that no Court was holden , and that also he required the Lord to hold his Court , and he would not , so as he could not execute the same .

The Return of a Writ for the Election of a Coroner , after the death of another .

AT my County Court held such a day and year , in full County aforesaid , by vertue of this Writ of the assent of the same County in the place of R. O. within named who deceased is , I have chosen a Coroner , viz. I. M. who ( as the manner is ) hath taken his oath corporal , that he will do and keep those things which to the office of a Coroner in the County aforesaid , belong to be done , as within , &c.

The Return of the Writ of Exigent .

BY vertue of this writ to me directed at my County held at the Castle of Y. in the County of Y. within written , on Monday , &c. the year , &c. within written , I. C. and the rest of the Defendants within named ( if there be above two in the writ ) first were exacted and appeared not , at my County of Y. there holden on Monday , &c. the year aforesaid ; the foresaid I. C. and the rest of the Defendants within named the second time were exacted and appeared not , at my County of Y. there holden on Monday &c. in the year aforesaid , the said I. C. and the rest of the Defendants within named the third time were exacted and appeared not , at my County of Y. there held on Monday , &c. in the year aforesaid , the aforesaid I. C. and the rest of the Defendants within named , the fourth time were exacted and appeared not . At my County of Y. there held on Monday , &c. in the year aforesaid the aforesaid I. C. and the rest of the Defendants within named , the fifth time were exacted , and appeared not . And therefore I. C. and the rest of the Defendants within named by Judgement of I W. and W. R. Gent. Coroners of the Common-wealth of the County aforesaid , according to the Law and Custom of the Common-wealth of England outlawed are , and every of them is outlawed .

I. B. Esquire , Sheriff .

Betwixt two Sheriffs . By vertue of this writ to me directed , at my County held at Y. in the County of Y. within written on Monday , &c. in the year , within written , the said I. R. within named first exacted was and appeared not , this Writ so above indorsed to be delivered was by I. B. Esquire , late Sheriff of the County within written , my next Predecessor , in his going out from his office , as above upon the back of this writ , And at my County , &c. as before .

Or thus :

This Writ so above indorsed , together with the Writ of Oliver Lord Protector , of &c. of Supersedeas to it annexed to me delivered was by I. B. Esquire , late Sheriff of the aforesaid County , my next Predecessor , &c.

Against a woman . If it be against a woman , she cannot be said to be outlawed , ( for the reasons I shewed before ) but waved , so that the latter part of the return must be thus , viz.

Therefore according to law and custom aforesaid , B. D. waved is .

Defect of the Coroner . By vertue , &c. at my County , held on Monday , &c. the said year , &c. within written the aforesaid I. C. the fifth time exacted was , and appeared not , and for defect of N. B. and R , C Coroners of the County aforesaid further thereupon to prosecute I could not .

Defect of the County . By vertue , &c. and at my County , &c. and that there were not more Counties in the County aforesaid held , from the day of the receipt of this writ , to the day of the rerurn of the same , wherefore nothing done is at present .

Or thus :

And therefore in the Execution of this Writ further to be done nothing acted is .

Supersedeas . By vertue , &c. of my County aforesaid held on Monday , &c. in the year , &c. within written , the aforesaid C. D. the fourth time exacted was and appeared , and brought forth to me , the Writ of his Highnesse the Lord Protector of the Commonwealth of , &c. of Supersedeas which to this Writ annexed is : wherefore the execution of this Writ further to be done , I have superseded altogether .

Or thus :

As in the foresaid Writ of his Highnesse the Lord Protector of , &c. of Supersedeas to me is commanded .

Or thus :

As to exact , take outlawed , or at all molest the within named I. R. by vertue of this Writ , to the Justices , &c. within written , at the day and place within contained I certifie , that by vertue of a certain other Writ of his Highnesse , &c. to me directed , to this annexed , I have superseded altogether , as by that Writ to me is commanded .

Where one renders himselfe , and the rest appear not . By vertue , &c. at my County of Y. there held , &c. the aforesaid I. H. and the rest of the Defendants within named the fifth time exacted were , at which day the aforesaid I. H. appeared , and rendred himselfe to the prison of his Highness , &c. of the Castle of Y. whose body before the Iustices 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 .

Rendred himselfe . And besides I. S. who hath rendred himself to the prison of , &c. of the Castle of Y. whose body before the Justices within written , at the day and place within contained , ready I have , as this Writ exacteth and requireth . And besides I. C. who dead is , will not Dead . appear , therefore by Judgement , &c. and the aforesaid T. C. waved is in presence of T. C. and F. W. Coronors Waved . of , &c. of the County aforesaid .

At the County , &c. 1. 2. 3. 4. exacted he was , and Languid . hath appeared and rendred himself to the prison of , &c. of the Castle of Y. where so sick he is , that fore fear of death , him before the Justices within written , at the day and place within contained , have I cannot .

The Return of the Writ of Proclamation .

BY vertue of this Writ to me directed at my County of Y. held at the castle of Y. within written , on Monday , &c. the year , &c. within written , the first time to be proclaimed I caused ; And at my County of Y. held at the Castle of Y. aforesaid in the said County of Y. on Monday , &c. the year , &c. within written , the second time to be proclaimed I caused ; as also at the general Sessions of the peace held at Skipton for the West riding of the said County , within written on Tuesday , viz. the 12. day of Sept. aforesaid , the year , &c. within written publickly to be proclaimed I caused , that I. C. and all other the Defendants within named , themselves to render to the within named Sheriffs of London , so that the same Sheriffs have their bodies before the Justices within written at the day and place within contained , as this Writ exacteth and requireth .

The manner of proceeding upon the Writs of Recordare , Pone , Writ of False Judgment , &c. in the Common Pleas , after removall out of the County Court .

YOu must repair to the County Clerk or his Deputy , and demand a Return of the Writ of Recordare or Pone .

If upon the return , the Defendant appear ; then must you declare , and when your Declaration is drawn , enter it upon a roll in one of the Prothonotaries offices , and see that it be docqueted together with the number of the roll .

If the Writ be returnable in the begining of a term , ( especially in issuable terms ) the Desendant is to answer the same term , unless the Desendant hath Emparlance to plead until the following term .

Rules to answer must be entred in the Remembrance in the Prothonotaries Office , entring in the Margent or over the head of the Rule , that if the Defendant do not plead ( within some few dayes ) let Judgement be entred . And if no plea be brought in within the time , then may you sign Judgement with the Prothonotary in default of answer .

Nota. If the Defendant appear not upon the return of the Writ , then may the Plaintiff have a Procedendo to carry the cause back again into the County Court .

If the Plaintiffs Attorney declare not against the Desendant , upon his appearance , within a reasonable time of the Term : then may the Defendants Attorney enter a Rule in the Bill of Pleas against the Plaintiff to declare , and if he declare not , then may he enter a Non prosec . and sign it with the Prothonotary , and costs given for the unjust vexation .

If the Defendant plead generall issue , then must the Attorney for the Defendant set his hand to the Doquet book of the Plaintiffs Attorney , who draws up the plea , and makes a Copy of the issue , and delivers it to the Defendants Attorney , and then they usually give notice of triall .

If the Defendant plead specially he is to bring it to the Plaintiffs Attorney under a Serjeants hand , and if the Plaintiff reply specially , it must likewise be under the Serjeants hand : the like upon a Demurrer to a Declaration , and Rejoynder in Demurrer .

Nisi prius . If your triall be by Nisi prius , at the Assizes in the Countrey , and the Jury appeare not full upon the Pannel , then may you require a Decem tales de circumstantibus . viz. ten of the standers by to fill up the Jury , or more or lesse , as is requisite , which Tales must be mentioned upon the return of the Postea , and the Judgment upon it in the Issue Roll.

Having entred your Declaration with the Issue joyned in the Prothonotaries Office , then make out a Venire facias upon your Issue , and get signed with the Prothonotary and seal it ; then get it returned by the Sheriff of the County where the action is laid ; and upon the return of it sue forth an Habeas corpora , and deliver the same to the Sheriff to summon the Jury , and get it returned before the Assizes .

In suing forth your Nisi prius , ingrosse your Record , according to the copy of the Issue made up , and the entry of it upon the Roll in the Prothonotaries Office , and examine it ; if it be upon an Issue joyned the same Term , whose hand must be to it , then carry the same to the Clerk of the Treasury to signe and make up the Record .

If the Issue was entred of a Term past , then must you deliver the paper Book of the Issue to the Clerk of the Treasury , to examine the same by the Roll , and to make up the Record ; which must be signed by him , then must it be sealed with the Lord chief Iustice of the Court , and then deliver it together with the Hab: Corp: Iur. returned by the Sheriff to the Clark of the Ass : for that County where it is to be tried , paying the Judges .

Then retain Councel , and have your witnesses ready for the trial .

The triall being had , and verdict passing for your Client , the next Term you are to call of the Clerk of the Assizes for a return of the Postea , and thereupon the Prothonotor will assesse costs , and cause Judgement to be entred , upon which you may have Execution by Capias ad satisfaciendum , Fieri facias , or Elegit , &c. according as you desire , and as the nature of the action brought doth allow or require .

Nota. Cap. ad sasis . Note that a Capias ad satisfac . is only against the body , who must be imprisoned until satisfaction be made , and if , the Defendant cannot be found , the Plaintiff cannot have another Execution , 20 E. 2. for he may chufe at the first , whether he will have a Capias or an Elegit , but if he take the Capias he shall not have the Elegit afterwards , nec è converso , 15. H. 7. 15.

Fi. Fa. The Writ of Fieri facias is onely against the goods ; as ; Leases for years , or moveable goods , as Corn , Houshold stuffe . Cattle , Apparrel , Money , Plate , &c. and it ought to be sued out within the year after the Judgement , Co. 3. 13. After a Fi. fa. a man may have an Elegit ; but on the contrary , after the Elegit he cannot have a Fi. fa. because the Elegit is of a higher nature then the Fieri facias .

Elegit . An Elegit is a Writ whereby the Plaintiff is to have Execution of the half of all the Defendants lands and chattels , ( except Oxen and beasts of the Plough ) till the debt and damages be wholly levied , and paid to him , and during the term he is tenant by Elegit . Terms of the Law .

The Proceedings upon the Writ of False Judgement .

YOu must call of the County Clerk for a return of the Writ , together with the whole Record of all the proceedings from the original and beginning of the cause in the County Court .

The Writ being returned , you must assign Errors , and take Copies thereof , and thereupon sue forth a Scire facias to the Plaintiff in the Action to hear Errors . To which the Plaintiff may appear and plead the common plea , which is , that The action nor proceedings in the County Court are in nothing erroneous . Then must the Desendant endeavor to get a Rule , or day given for the arguing of the same Errors .

But if the Defendant doth delay , and doth not call for a return of the writ , nor proceed , then the Plaintiff may sue forth another Scire facias against the Defendant , to shew cause why he should not have Execution upon the Judgement had in the County Court : And if at the Return of the second Scire Facias : Errors be not assigned then Judgment is confirmed in that Court into which the Writ is returnable .

If Errors be found and allowed to be sufficient and good , then is the said Judgment to be reversed and made void : But if Errors be not found good , then is the Judgment in the County Court affirmed , and further costs for delay of Execution allowed to the Plaintiff who may presently sue forth Execution , out of that Court into which the Writ was returned against the Defendant .

Nota. Note , that if the Judgment be reversed and made void , yet notwithstanding it takes not away the Plaintiffs cause of action , for he may commence a new action against the Desendant for the same cause .

The same proceedings are upon an Accedeas ad Curiam . See the Record upon it .

The manner and form of drawing up Records upon a Writ of False Judgment , and Accedeas ad Curiam .

Record upon a writ of false Judgment . THe Sheriff is commanded that if A. B. shall secure the same Sheriff to prosecute his plaint then in his full County , he cause to be recorded the plaint which was in the same County by writ of his Highnesse the Lord Protector , &c. between W. B. and the same A. B. in a certain Trespasse upon the case , to the same W. B. by the same A. B. done , &c. And whereupon the same A. B. did complain , that False Judgment was done to him in the same County ; and that he should have here at this day ; that is to say , Octab. pur . under his Seal , and by four lawfull Knights of the same County , who should be present at the Record , and that he should have here the Summoners , the names of the four Knights , this Writ , and another Writ .

And now here at this day came aswell the same A. B. by Simon Dunn his Attorney , as the said W. B. summoned , &c. by Phit . Prince his Attorney : And the Sheriff ( to wit ) Geo. Mar. Esquire now returneth , that the same A. B. had found to the same Sheriff Pledges to prosecute his said Writ ; to wit , Iohn Doo and Ric Roo , And that he by vertue of that Writ to him directed , at his County held at the Castle of York , in the County asoresaid , the 10. day of May in the year of our Lord 1657. made the same plaint to be recorded , which was in the same County between the same A. B. and W. B. and the Record of the same plaint before the Justices here at this day , under his seal , and the seals of H. M. and four lawfull Knights of the same County hath ready of those who were present at the Record . And that he summoned the same W. B. that he should be here at this day to hear the Record by R. S. and F. L. as by the same Writ to him it was commanded , &c. which said Record followeth in these words :

OLIVER Lord Protector , &c. To the Sheriff of York greeting , W. B. hath requested that A. B. of C. in your County husbandman , although the same W. B. be our true and faithfull subject , and as our true and faithfull subject from the time of his nativity hitherto hath carried and behaved himselfe , and of good name and same among many of our saithfull subjects was noted , called , and reputed , notwithstanding the same A. B. not ignorant of the premisses , the same W. B. unjustly to vex : and him of his goods , name , fame , and opinion , whereof from his nativity to deprive & conspurgate : And the same W. B. into perturbation ; vexation , and infamy amongst his neighbours , and many other saithfull subjects and people of this Commonwealth to induce plain salse and scandalous words of the same W. B. at C. in the presence of many faithfull subjects and people of this Commonwealth , said , published , and pronounced in these English words following , to wit , W. B. ( the same W. B. meaning ) hath stoln my horse ; By speaking , publishing , and pronouncing which same words , the same W. B. not only in his good name and same is hurt , but also in his doings and businesses with honest persons , with whom the same W. B. in buying , selling , and lawfull bargaining before used , is much prejudiced , and made worse , to the no little damage and losse of the same W. B. &c.

And therefore we command you that you hear the said Plaint , and afterwards cause the same to be with-drawn , that we hear no more clamour thereof for defect of Justice .

Witnesse , &c.
Pleas held at the Castle of York , in the County Court . ss. County of York , upon Monday the second day of June in the year of our Lord 1657.

AT this Court W. B. complaineth of A. B. in a plea of Trespasse upon the case , W. B. by P. P. his Attorney complaineth of A. B. in a plea of Trespasse upon the case ; for that , to wit , that whereas the same W. B. is a good , true , and faithfull subject of this Common-wealth of England , from the time of his nativity hitherto hath carried and behaved himself , and of good name , same , credit and reputation , honestly with good and grave men , as well his neighbours as other saithfull subjects of the said Commonwealth , was had , noted , called , and reputed , without any falshood , thest , perjury , selony , deceit , or stain of any other fault , or hurtfull crime unspotted and untouched by the whole time aforesaid , carried and governed himselfe . Notwithstanding the said A. B. not ignorant of the premisses out of his meer and wicked malice preconceived , indeavouring the name and same of the same W. B. to hurt , detract , make worse , darken , and utterly to destroy : and also into perturbation , vexation and insamy , to lead and induce , certain salse and scandalous words and lies of the same W. B. the 8. day of April in the yeare of our Lord 1656. at , &c. and within the liberty and jurisdiction of this Court , in the presence and hearing of many faithfull subjects of the said Commonwealth , said , repeated , and spread abroad in these English words following ; to wit , W. B. ( meaning the same W. B. ) hath stoln my horse out of my Close , which I will prove . By pretext of speaking and spreading abroad of which said salse scandalous words , the same W. B. not only in his good name and same is hurt , but also in performance of his businesse with honest persons with whom the said W. B. in buying , selling , and lawfull bargaining is much hindred and damnified , and also some subjects and people of this Common-wealth for that occasion will draw themselves from the company of the same W. B. and to converse with him , or any wayes to intermeddle refused , and yet do refuse ; whereupon , &c. damages to 39 l. And thereof he bringeth suit , &c. And the said A. B. by S. D. his Attorney cometh , &c. And saith , that the said W. B. his action aforesaid against him ought not to have , because he saith that he is not guilty of the speaking , and spreading abroad of the words in the Declaration aforesaid specified , nor of any part of them in manner and form as the said W. B. above against him complaineth . And this , &c. Therefore according to the custom it is commanded to the Bailiff of the Weapentake of Ouze and Dar , that , &c. that he cause to come before the Steward of the same Court , at the next Court of the County aforesaid , such a day , 12. &c. And that he then have there the same Precept together with the pannel of the names of the Jurors aforesaid the same day , &c. At which County Court held at the Castle of Y. aforesaid , according to the custom before the Steward there upon Monday the 2. day of April came as well the same W. B. by his Attorney aforesaid , as the same A. B. by his Attorney aforesaid , &c. and the same Bailiff of the Weapentake aforesaid , returned the precept to him , directed in all things , served together with a Pannel of the names of the Jurors . Annexed to the precept , to wit , in the same pannel are named L. M. N. R. &c. to make a Jury between the parties aforesaid , in the plea aforesaid , who to speak the truth of the premisses , being elected , tried & sworn , say upon their oath , that the said A. B. is guilty of the speaking & spreading abroad of the said words in the said Declaration specified , and they assessed the damages of the said W. B. by occasion of the speaking of the same words , besides his costs and expences by him about his suit in this behalf laid out to 4 l. 5 s. & for those costs & expences to 8 d. Therefore at the same Court , that the said W. B. should recover against the said A. B. his said damages by the Jury aforesaid , in form aforesaid assessed , and also 3 s. 8 d. for his costs and expences , which said damages in the whole do amount unto 5 l. 17 s. 4 d.

In witness whereof the seal of the Steward of the Court aforesaid is put , Dated at the Castle of Y. the 12. day of March in the year of our Lord 1657.

Errors assigned . And hereupon the same W. B. prayeth that the same A. B. may shew to the Court here , and assign the defects , wherein false Judgment is made in the said plaint , if any be done to him : whereupon the same A. B. saith , that the same Record is vitious , and much defective , to wit , in that it doth not appear by the Record , before whom the first Court was held , and in this , that the said W. B. by his Declaration did complain himself to be damnified and made worse , to the value of 40 l. whereas by the law of the land , that Court cannot hold plea of 40 s.

In this also that the same Court held the 12. of March , was held before the Steward , whereas it ought to be held before the Suitors of the same Court , and the Sheriff of the County for the time being , so that the same Judgment was given Coram non Iudice . Also in this that by the same Record , it appeareth , that the same W. B. appeared by P. P. his Attorney , and the same A. B. appeared by S. D. his Attorney ; but in the Record is not mentioned any Warrant of Attorney for the same W. B. or for the same A. B. in the said plaint . And to the same A. B. saith , that divers manner of ways in the County Court aforesaid , false Judgment is made to him in the said plaint . And hereupon prayeth , that the said Judgment for the said defects and others being in the same Record as false and erroneous may be adnulled and altogether taken for nothing . And the same A. B. to the said 5 l. 17 s. 4 d. which the said A. B. by vertue of the same Judgment , for his damages , by occasion of the premisses , recovered against him , and unto all things , which he by occasion of the same Judgment lost , may be restored , &c.

And the same W. B. saith , that in the Record aforesaid , there is no errour , nor to the same A. B. in the same County Court held at the Castle of Y. aforesaid , false Judgment is made in the same plaint : and prayeth , that the Justices here proceed to the examination of the same Record , and to resorm and correct the false Judgment , if any be found therein , proved , or can be made appear . And because the Justices here will advise themselves of , and upon the premises , before they further proceed therein , day is given , &c , in Oct. pur . to hear thereof , what the Court hereof , and upon the premises shall consider , because the Justices hear thereof not as yet , &c. At which day here came aswell the said A. B. as the said W. B. by their Attorneys aforesaid . And because the Justices here further will advise themselves of , and upon the premisses aforesaid , before they proceed further therein , further day is given &c. in Mens . Pas . to hear thereof , what the Court hereof , and upon the premisses aforesaid shall consider , for that the Justices hear thereof not as yet , &c.

If any errors and defects be found in the proceedings , then will the Judgement be reversed , and a Writ of Restitution awarded .

Vpon a Replevin . It was commanded the Sheriff , if A. B. and C. D. should secure the same Sheriff of prosecuting their complaint then in his full County , he should make to be recorded the plaint which was in the same Court , without Writ of his Highness the L. Protector between E. F. and the same A. B. and C. D. of the cattel of the same E. F. taken and unjustly detained , &c. And whereupon the same A. B. and C. D. complained false Judgement to be made to them in the same Court , And that he should have that Record here at this day . to wit , in Octab. Hill . under his seal , and the seals of four lawfull Knights , who should be present at the Record . And that he summon by good summoners , the said E. F. that he should be here at this day , to hear the Record , &c.

And now here at this day came as well the same A. B. and C. D. by S. D. their Attorney , as the same E. F. by P. P. his Attorney : and the Sheriff , to wit , G. M Esquire , now returneth , That the same A. B. and C. D. had found to the same Sheriff pledges to prosecute the said Writ , to wit , Jo. Doo . and Rio. Roo . and that he summoned the same E. F. to be here at this day , by I. R. and I. S. honest , &c.

The Sheriff also returneth , that he by vertue of the same Writ to him directed , in his full County holden at the Castle of Y. in the County aforesaid the 12. day of April last past , caused the said plaint to be recorded ; and have the Record here at this day , under his seal , and the seals of L. M. M. R. honest and lawfull Knights of the same County , of those who were present at that Record , as by the said Writ it was commanded him ; the tenor of which Record followeth in these words :

Yo. ss. Be it remembred , that the 12. day of April in the year of our Lord . 1657. before G. M. Esquire , Sheriff of the County aforesaid at the Castle of Y. in the same County of Y. came the same E. F. by P. P. his Attorney , and complained against A. B. and C. D. of a plea ; wherefore they tooke the cattel of the same E. F. and them unjustly detained against sureties and pledges , until , &c. And found to the said E. F. pledges to prosecute his complaint aforesaid , and also for the returning of the cattel , if the returning of them be adjudged by Law ; to wit , Jo. Doo . and Ric. Roo . And then and there demanded due processe in Law against A. B. and C. D. thereof to be made , &c. Therefore according to the custom in the County aforesaid , from the time whereof the memory of man is not to the contrary used and approved on the behalf of his said Highnesse the Lord Protector now , It was commanded to I , S. Bailiff of the Weapentake of W. and one of the Ministers of the said Sheriff of the County aforesaid , that according to that custome he put by sureties and safe pledges the same A. B. and C. D. that they should be before me the said Sheriff , at the next Court of the County aforesaid ; to wit , at the aforesaid Castle of Y. the 12. day of April in the year , &c. abovesaid then next following to be held , to answer the said E. F. in the plea aforesaid : And the same day was given to the said E. F. then , against the same A. B. and C. D. to prosecute the same plea. At which day here , to wit , at my next Court then held at the said Castle of Y. came the said E. F. by his Attorney aforesaid the same 12. day of April . And the same I. S. Bailiff of the Weapentake aforesaid , returned the precept aforesaid to him , in form aforesaid directed , in all things served and executed ; to wit , that he by vertue of the same precept attached the same A. B. and C. D. by pledges , to wit , Jo. Den , and Ric. Fen. to be here at this day , to wit , the same 12. day of April in form aforesaid , as by the said precept to him it was commanded .

And the same A. B. and C. D. in full Court there being called , came not , but made default : whereupon the same E. F. by his Attorney aforesaid , prayeth processe further therein to be made upon the said complaint against the said A. B. and C. D. and hath it , &c.

Distresse awarded . Therefore according to the custom of the County Court aforesaid , it was commanded to the same I. S. Bailiff of the Weapentake of W. and one of the Ministers of the County Court aforesaid , that according to the custom of that Court , he distrain the same A. B. and C. D. by all their goods and chattels in his Bailiwick : So that , neither , &c. until &c. And that they should be before me the said Sheriff at the next County Court to be held at the said Castle of Y. to wit , the 10. day of May in the year abovesaid , then next following , to answer the same E F. in the same plea. The same day is given to the same E. F. here , &c. At which said next County Court aforesaid here , to wit , at the said Castle of Y. the same 10. day of May in the year abovesaid then held , came as well the said E. F. by P. P. his Attorney asoresaid , as the said A. B. and C. D. by S. D. their Attorney . And the said A. B. and C. D. offered themselves against the said E. F. in the same plea. And the same E. F. complained thereupon , and declared against the said A. B. and C. D. of a plea , wherefore the same A. B. and C. D. the 4. day of March in the year &c. at T. within the Jurisdiction of this Court , in a certain place called the Hayes , took the cattel , to wit , six calves of the same E. F. and them unjustly detained , against sureties and pledges until , &c.

Whereupon he then said , that he was the worse , and had damage to the value of 39 s. 11 d. and thereupon brought his suit , &c.

And hereupon the same E. F. then and there put in his place the same P. P. his Attorney , against the same E. B. and C. D. to gain or lose in the same plea : ( here must be likewise awarrant of Attorney for the Defendant : ) And thereupon the same A. B. and C. D. by S. D. their Attorney aforesaid , then in the same Court demanded a Copy of the Declaration aforesaid ; and license thereof to imparl here , until the next County Court before the said Sheriff , to wit , the 15. day of May in the year abovesaid then next following , to be held at the Castle of York , and then to answer , &c. And it is granted to them , &c. The same day is given to the same E. F. here , &c. At which said next County Court , before the said Sheriff of the County aforesaid here ; to wit at the Castle of Y. aforesaid the 15. day of May in the year abovesaid , came as well the said E. F. as the said A. B. and C. D. by their said Attorneys . And it is said to the said Attorney , of the said A. B. and C. D. by the Court here , that he answer for the same , A. B. and C. C. his Clyents to the same E. F. in the said Plaint : And the said Attorny , for his said Clyents saith nothing in Bar , as in others , by which the said E. F. his damages against the said A. B. & C. D. by occasion of the taking and unjust detaining of his Cattle aforesaid , ought to recover ; but because it is unknown to the Court here what damages the said E. F. sustained by occasion of the premisses ; It is commanded to the said I. S. then Bayliff of the Wapentake of W. aforesaid , & one of the Ministers of the County Court aforesaid , that he cause to come before the said Sheriffe at the next county Court of the County aforesaid , to wit , the 15th day of May , in the yeare abovesaid , at the Castle of Y. aforesaid , then next following to be held , twelve honest and lawfull men of the neighbourhood of S. to be suspected by neither party , to enquire upon their Oath what damages the said E. F. sustained , aswell by the occasion of the taking , and unjust detaining of the cattle aforesaid , as for his costs and charges by him about his suit in this behalf laid out : and the same day was given to the said E. F. here , &c.

At which said next County Court the same 15. day of May in the yeare abovesaid , before the same Sheriff of the County aforesaid held , came the said E. F. by his Attorney aforesaid : And the same I. S. Bayliffe of the Wapentake aforesaid sent not his precept thereof : Therefore , as before , it is commanded to the said I. S. Bayliff , &c. that he cause to come here at the next County Court , before the same Sheriff of the County aforesaid , to wit , the 12 day of A. in the yeare abovesaid , at the castle of Y. aforesaid , to be held the 12th , &c. to enquire , &c to inform aforesaid , &c.

At which day , to wit , the 12th day of April aforesaid before the same Sheriffe of the County aforesaid , came the same E. F. by his Attorney aforesaid . And the said I. S. Bayliffe , &c. and one of the Ministers of the same Court , returned before the same Sheriffe , the said precept de venire fac . in all things served and executed .

And thereupon the Jury being thereof impannelled and called , came , and to enquire in forme as aforesaid , sworn and charged , say , upon their oath , that the said E. F. sustained damages by reason of the taking and unjust detaining of the Cattle aforesaid , besides his costs and charges by him about his suit in this behalfe laid out 30 s. and for these costs and charges to 12 d. Therefore it is considered by the Court here , that the said E. F. recover against the said A. B. and C. D. his said damages by the Jury aforesaid , in form aforesaid assessed , and also 26 s. to the same E. F. by the Court here for his said costs & charges of his assent of increase adjudged ; which said damages in the whole amount unto 57 s And the same A. B. and C. D. in mercy , &c.

Whereupon it was commanded to the same I. S. Bayliff of the Wapentake of W. aforesaid , that of the goods and Chattels of the same A. B. and C. D. in his Bayliwick , he should levy the damages aforesaid : and that he have the money before the said Sheriffe at the next County Court at the castle of Y. to be held , to wit , the tenth day of March , in the yeare abovesaid , to render to the said E. F. for his damages aforesaid : Whereupon the same E. F. prayeth , that the said A. B. and C. D. would assigne and declare to the Court herein , what or wherein false judgement is made to him in the said Plaint , if any thing can be found proved , or made appear , &c.

Error assigned . And hereupon the same A. B. and C. D. say , that the said Record is vitious , and very much defective in this ; to wit , that by the same Record it appeareth , that the same cattle were taken the 15. day of January , in the yeare abovesaid ; and that the complaint thereupon was levyed at the County Court of the Sheriff , the 19th day of December in the yeare abovesaid : so that the complaint was levied before the taking of the cattle afore made , &c. Also in this , that by the Record it appeareth , that the County Court aforesaid was held before the said Sheriffe of the County aforesaid ; whereas the same Court ought to be held before the same Sheriffe and suitors of the same Court , so that the same Plaint was levied Coram non judice : And the processe thereupon adjudged without any warrant in Law : And so the same A. B. and C. D. say , that in the County aforesaid false judgement was done to them in the said Plaint ; And pray that the said judgement for those errours and others , in the same record and proceedings being may be revoked , adnulled , and altogether taken for nothing : And that they unto all things which they by occasion of the judgement aforesaid have lost , may be restored , &c.

A Record upon an Acced : ad Cnriam upon false judgment . It was commanded the Sheriffe , that if A. B. should secure the same Sheriffe to prosecute his complaint , that then taking with him four discreet and lawfull Knights of the County aforesaid in his proper person , he come to the Court of the Honour of P. and in full Court cause to be recorded that Plaint which was in the same Court of his Highnesse the Lord Protector , between C. D. and the same A. B. in a certain Action upon the Case , to the same C. D. by the same A. B. done as it is said : Whereupon the same A. B. complaineth false judgement to be made to him in the said Court , and that he should have here the Record at this day , to wit , Octab. Hill . under his seal , and by four lawfull men of the same County of those who shall be present at the Record ; and that he summon by good summoners the said C. D. that he should be here to hear that Record .

And that he have then here the names of the foure Knights , and that Writ , &c. And now here at this day , to wit , Octab. Hill . came as well the same A. B. by S. D. his Attorney , as the same C. D. by P. P. his Attorney .

And the Sheriffe , to wit , G. M. Esq now returneth that the same A. B. found to the same Sheriff pledges to prosecute , Io. Doo , Ric. Roo . And that the same C. D. was summoned to be here at this day by Io: Den , and Ric. Fen and that he by vertue of the same Writ to him directed took along with him I. S. W. P. I. H. and W. W. four discreet and lawfull Knights of the County aforesaid , and in his proper person came to the said Court held at P. in the County aforesaid the 15th day of October , in the yeare of our Lord , 1657. and in full Court made to be recorded the said Plaint whereof in the same Writ mention is made ; which said Record here at this day , he hath ready under his seale , and the seales of the said four lawfull men , who were present at the Record , as by the same Writ to him it was commanded to answer to the said C. D. in the same plea : whereupon the same A. B , at the same Court put in his place S. D , his Attorney in the same plea. And the same C. D. at the same Court by his Attorney aforesaid , complained against the same A. B. for that , to wit , that whereas the same C. D. the last day of Dec. in the year aforesaid , at W. aforesaid , and within the jurisdiction of the Court aforesaid , was possessed of one piece of woollen cloath , containing eleven ells , price 34 s. as of his proper goods and chattels .

And being so thereof possessed , the same piece of cloath out of his hands and possession casually lost ; which said piece of cloath afterwards , to wit , the 12th day of February then next following , into the hands and possession of the said Defendant by finding came : Notwithstanding the said Defendant knowing the said piece of cloath to be the proper piece of cloath of the said Plaintiff , and to him of right to belong and appertain ; and minding and intending the same Plaintiffe of the same piece of cloath , craftily and subtilly to deceive and defraud the same piece of cloath , although thereof the third day of March , in the yeare abovesaid , he was requested to the same , and hath not delivered ; but the same piece of cloath afterwards , to wit , the 18th day of March then next following at W. aforesaid , within the jurisdiction of this Court aforesaid , unto his proper use he converted and disposed , to the damage of the said Plaintiff of 39 s. And thereof he bringeth suit , &c. And the said Defendant at the same Court prayeth Licence thereof to imparle untill the next Court , and hath it , &c. The same day is given to the said Plaintiffe then there , &c. At which day the Court was held within the said Honour of P. the 26th day of May then next following , came aswell the said Plaintiff , as the said Defendant by their Attorheys aforesaid : And the same Defendant prayeth further Imparlance untill the next Court within the said Honour to be held , and hath it , &c. The same day is given to the said Plaintiff then there , &c. At which said next Court holden within the Honour aforesaid the 26th . day of May then next following came as well the same Plaintiff , as the same Defendant , by their Attorneys aforesaid : and hereupon the said Defendant prayeth further imparlance thereunto , to speak until the next Court of the Honour aforesaid , to be held and hath it , &c. The same day is given to the said Plaintiff then there , &c.

At which said Court held within the said Honour the day of then next following , came aswell the said Plaintiff as the said Defendant by their Attorneys aforesaid . And the same Defendant then defended the force and wrong when , &c. And said that he was in nothing guilty of the premisses above imposed upon him , as the said Plaintiff by his said Declaration complained against him ; and of this he putteth himself upon the Countrey , and the said Plaintiff likewise : whereupon it was then commanded to the Bailiff of the Honour aforesaid , that he cause to come to the Court of the Honour aforesaid to be held by 12 free and lawfull men of the Honour asoresaid , to try the issue aforesaid above joyned , Day was given to the parties abovesaid , then there &c.

At which said next Court held within the said Honour the day of then next following , came aswell the said Plaintiff as the said Defendant , by their Attorneys aforesaid : and the said Bayliff returned the Pannel with all the Jurors ; whereof 12 being called came , and were sworn , and said upon their oath that the said C. D. was possessed of the said piece of cloth in the Declaration aforesaid specified : and that the same piece of cloth by finding came to the hands of the said A. B. and that the said Plaintiff requested the same A. B. to deliver to the same Plaintiff the same piece of cloth : and that the said Defendant did not deliver the same to the said Plaintiffe .

And further , the said Jury said , that the said Defendandant doth yet detain in his hands , the same piece of Cloth , and if upon the whole matter , in form aforesaid found the same Defendant to be guilty of the premisses in the Declaration aforesaid specified , or not , the Jury aforesaid are altogether ignorant , and pray the advice of the Court in the premisses : and if upon the whole matter in form aforesaid found , it shall seem to the Court that the said Desendant is guilty of the premisses in the Declaration aforesaid specified , then the said Jury say upon their oath , That the same Defendant is guilty of the premisses in the Declaration afore said specified . And then the said Jury do assesse damages , by occasion of the premisses ; besides costs and charges by him about his suit in this behalfe laid out , to 20 s. and for those costs and charges to 12 d. and if upon the whole matter in form aforesaid found , it seemeth to the Court here , that the said Defendant is not guilty of the premisses in the Declaration aforesaid specified , then the Iury aforesaid say upon their oath , That the said Defendant is not guilty of the premisses in the Declaration aforesaid specified . And because the same Court will advise of , and upon the premisses before they give Iudgement therein , day is given to the parties aforesaid here , until the next Court to be held in the said Honour , to hear thereof their Iudgment , &c. At which said Court held in the said Honour the day of then next following came aswell the said Plaintiff as the said Defendant by their Attorneys aforesaid . And because the same Court of giving their Iudgment therein are not advised , day is given to the parties aforesaid , until the next Court to hear thereof their Iudgment , &c. At which said Court held in the said Honour the day of then next following , came aswell the said Plaintiff as the said Defendant by their Attorneys aforesaid , whereupon the premisses being seen and by the Court here fully understood , it seemed to the Court here , that the same Defendant is guilty of the premisses in the Declaration aforesaid specified : Therefore it is confidered by the same Court , That the same Plaintiff recover against the said Defendant the said 21 s. by the Jury aforesaid , in form aforesaid assessed , and also 22 s. for his costs and charges , by the Court here , by his consent of increase adjudged , which said damages do in the whole amount unto 53 s. And the said A. B. in mercy , &c. And hereupon the said C. D. prayeth , That the said A : B. may shew to the Court here , and assign the defects , wherein false judgment is made to him in the said plaint , in the said Court if any be made . Whereupon the same Errors assigned . A. B. saith , that the said Record is vicious and much defective ; and that false judgment is done to him in the said plaint in this , that in the Record no mention is made whole that Court of the Honour of P. is : and in this , that no mention is made , who is Lord of the said Court , nor who are Suitors of the same , and also in this , that the Jury have not found that the said A. B. converted the same peece of Cloth to his proper use : and so the same A. B. saith , that divers ways in the said Court false Judgment is done to him in the said plaint .

And prayeth , that the said Judgement for those divers errors , and others being in the Record , as false and erroneous , may be revoked , and taken for nothing . And that he , unto all which he by reason of the said false judgement lost , may be restored . And that the Justices here proceed to the examination of the premisses . And because the Justices here , &c.

SOME SELECT PRESIDENTS OF DECLARATIONS AND PLEADINGS Incident and belonging to this COURT .
Debt .
Executor against an Executor upon a Bill .

County Court ss. E. F. Executor of the last Will and Testament of I. F. deceased , by vertue of a Writ of Iusticies to the Sheriff of the County aforesaid directed , by I. S. his Attorney complains of M. W. Executor of the last Will and Testament of R. W. late of T. in the County Y. husbandman deceased , otherwise called R. W. late of T. of Y. Husbandman , deceased , of a Plea , that he render unto him 7 l. of , &c. which he unjustly detains from him , &c. for that whereas the said R. W. in his life time , that is to say , the 20. day of , &c. year , &c. at the Castle of Y. in the County of Y. and within the liberty and jurisdiction of this Court , by his bill obligatory , sealed with his Seal , and here in Court produced , bearing date the day and year abovesaid , acknowledged himself to be indebted to the said I. F in his life time , the whole and just sum of 7 l. of , &c. to be paid to the said I. F. his heirs , executors , administrators , or assigns , upon the third day of May next ensning the date of the said Bill ; and for the payment thereof , the said R. W. then and there bound himselfe , his executors , administrators and assigns . Neverthelesse the said R. W. in his life time , though often thereunto required the said 7 l. to the said 1. F. whilest he was living , hath not paid , neither hath the said M W. Executor of the last Will and Testament of the said R. W. after his death , paid the same to the said E. F. Executor of the last Will and Testament of the said I. F. to which said M. W.'s hands , came all and singular the goods and chattels which were the said R. W.'s in his life time , sufficient to satisfie all the debts which the said R , W. at the time of his death owed to any person or persons whatsoever , as also to satisfie the said E. F.'s debt ; but the said R. W. whilst he lived refused to pay the same to the said I. F. in his life time , and the same M. W. likewise after the said R. W.'s death refused to pay the same to the said E. F. after the death of the said I. F. and still refuseth so to do , and unjustly detains the same , by reason whereof the said E. F. saith he is damnified 10 l. and thereupon produceth this suit &c.

And the said E. F. produceth here in Court , the said letters testamentary , by which it appears the said E. F. to be Executor of the last Will and Testament of the said I. E. deceased , &c.

Vpon a Bill to be paid at the day of marriage , and issue upon it .

Yo. ss. T. N , and E. his wife , Administratrix of the goods and chattels which were of I. B. deceased , complains by S. D. his Attorney of I. H. of C. in the said County Gent of a Plea , that he render unto them 5 l. which he unjustly detains , &c. for that whereas the said I. H. ( such a day , year and place ) by his certain bill obligatory , with his seal sealed , and here in Court produced , the date whereof is the same day and year ; For and in consideration of one Gold-ring , with a certain Stone called a Diamond , in the same Ring fixed of the aforesaid T. B. in his life time received the day of the making of the aforesaid bill , did acknowledge and grant , to and with the aforesaid T. B. in his life time , that he the said I. H. his executors or assignes , would pay or cause to be paid to the aforesaid T. B. his Executors or assignes , for the same Ring ( at such a day and time as he the said I. H. should be wedded or married : or at any other time after his marriage , whensoever he should be required by the aforesaid T. B. his Executors or assignes , or by him that should bring the said bill , the said sum of 5 l. to his or their use , the aforesaid time to be paid : and the same T. N. and E. in fact say , that the aforesaid I. H. after the making of the said bill , ( to wit , such a day , year and place ) within the Parish Church of H. did take to wise one I. D. by which the action did accrew unto the said T. R. in his life and to the said E. after the death of the said T. B. whilst she was sole , and to the said T. N. and E. after espousals between them celebrated : to require and have of the aforesaid I. H. the same 5 l. Yet the aforesaid I. H. although often required the aforesaid 5 l. to the aforesaid T. B. in his life time , or to the aforesaid E. whilst she was sole , to whom the administration of all the goods and chattels which were of the aforesaid T. B. the time of his death ( such a day , year , and place ) was committed , to the aforesaid T. N. and E. after espousals between them celebrated , hath not rendred , but the same to render to them hath denied : and the same to them the said T. N. and E. as yet to render doth deny and unjustly detain , whereupon they say they are damnified , and have damage to the value of 10 l. and thereupon they bring their action , &c. And they bring into Court here the letters of administration , &c.

The Defendant pleads that he was within age at the time of the making of the Bill .

Yo. ss. AND the aforesaid I. F. by R. B. his Attorney , comes and defends the force and injury when , &c. and sayes that the aforesaid N. and E. ought not to have their action aforesaid against him , because he saith that he at the time of the making of the Bill aforesaid , was within the age of one and twenty years , and this he is ready to aver , whereupon he demands Judgment , whether the aforesaid T. N. and E. ought to have their action aforesaid against him , &c.

Replication .

Y. ss. ANd the aforesaid T. N. and E. say , that they by any thing before alledged , ought not to be debarred from having their action aforesaid against the said I. H. because they say , that the aforesaid I. H. at the time of the making of the bill aforesaid , was of the full age of one and twenty years , and not within age , as the aforesaid I. H. hath above alledged , and this they pray may be inquired of by the Countrey ; and the aforesaid I. H. in like manner : Therefore , &c.

Vpon retainder for suing of Horses , &c.

Yo. ss. A. B. by S. D. his Attorney , complains of C. D. of a plea , &c. for that whereas the aforesaid C. D. ( such a day and year ) at S. &c. retained the said A. B. to set on upon the horse feet , of the aforesaid C. D. forty new Horse-shooes , and to remove forty horse-shooes , and to mend one pair of plough-Irons , and to make one fire-shovel , to take of the said C. D. for the setting on of the aforesaid forty new Horse-shooes , and forty removes , 21 s. and so of the other parcel to contract to be paid to the said A. B. when he should be thereunto required , by vertue of which retainer , the said A. B. the said forty new Horse-shooes , and forty removes upon the Horse-feet of him the said C. D. did set on , &c. by which action accrewed , &c : Hill. 37. Eliz. Rot. 517.

Vpon an account .

County Court ss. E. B. complains of T. A. of a plea , that he should render unto him 12 l. of , &c. which she owes , and unjustly detains from him , for that whereas the third day of May , 1651. at , &c. the said E. B. and the said T. A. accompted together for and concerning divers sums of money , then and before that time due , and owing , by the said T. A. unto the said E. B. and upon that accompt the said T. A. then and there did acknowledge himself to be in arrear and owing unto the said E. B. the sum of 12 l. to be paid unto the said E. B. when he the said T. A. should be thereunto requested . Yet notwithstanding , &c.

Money lent by joynt partners for a certain time , and to be paid to the Survivor .

Yo. ss. R. K. by , &c. complaineth of W. A. upon a Plea that he render unto him 20 s. of lawful English money , which he oweth unto him , and unjustly detaineth , &c. For that whereas the last day of February 1651. at the Castle , &c. the said R. K. and one R. W. now deceased , being joynt partners of moneys and other commodities , did lend unto the said W. A. 3 l. of lawfull , &c. to be paid to them or the Survivor of them on Easter Monday then next following ; of which said 3 l. the said W. A. paid to the said R. K. and R. W. in his life time the sum of 40 s. and there then remained unpaid the sum of 20 s. since which , and about the Nativity of Christ 1652. the said R. W. died , and the said R K him survived , wherby action doth acrew to the said R. K alone to have and demand of the said W. A. the said 20 s. notwithstanding the said W. A. though often thereunto requested the said 20 s. to the said R. K. hitherto hath not rendred , but the same to render hitherto hath refused , and yet doth refuse , whereupon the said R. K. saith , that he is worse , and hath damage to the value of 39 s. and 11 d. And thereupon produceth this suit .

For Rent in arrear .

Yo. ss. R. M. by , &c. complains of H. D. of a Plea , that he render unto him 30 s , of &c. which he owes unto him , and unjustly detains from him . For that the same R. M. the 10 day of Apr. &c. year , &c. at the Castle , &c. demised , granted , and to farm let unto the said H. D. one Cottage or dwelling house , one garth , and four acres of arable land , Meadow or Pasture , with the appurtenances be they more or lesse , lying and being at W. in the County oforesaid , to have and to hold the said Cottage or dwelling house , garth , and arable land , Meadow or Pasture with the appurtenances , unto the said H. D. and his assigns , from the Annunciation of the blessed Virgin Mary commonly called Lady day , then next past , for and during the term of three years then last following , fully to be compleat , finished , and ended , yielding and paying therefore yearly rent for the said premisses to the said R. M. for the first year of the said 3 years , the rent of 3 l. present money , and in hand to be paid to the said R. M. and 3 l. 10s . of , &c. yearly to be paid to the said R. M. for the other two years residue of the said term , at the feast of S. Michael the Archangel , and the Annunciation of the blessed Virgin Mary , by even and equal portions . By vertue of which demise , the said H. D. entred into the said Cottage or dwelling house , and was and still is possessed of the same : and because 35 s. for the half year rent ended at the feast of S. Michael the Archangel , in the year &c. is in arrear and unpaid unto the said R. M. therefore an action doth accrew to the said R. M. to have and demand of the said H. D. the said 35 s. nevertheless the said H. D. although he hath been often required the said 35 s. the same to the said R. M. he hath hitherto denyed to restore and pay , and as yet doth deny to restore and pay , to the damage of the said R. M. of 39 s. And therefore he brings this Suit , &c.

For Seruants wages .

County Court . ss. A W. by , &c complains of R. S. of a Plea , that he render unto him 24 s. of &c. which he ows unto him , and unjustly deteynes from him For that whereas the said J. D. that is to say , the day , year , &c. at the castle , &c. retained the said A. W. to serve the said I. S. in the place of a Man-servant , till the Feast day of St. Martin the Bishop in Winter , then next to do and execute the lawfull occasions and commands of the said I. S. by the time aforesaid , paying the efore the said A. W. 12 d. of , &c. which the said I. S. then and there paid to the said A. W. and also 24 s. more of , &c. for his sallary , during the said time , at the said Feast of St. Martin in the year , &c. aforesaid . And the said A. W. in fact saith , that he according to the said retainder , did serve the said I. S. in the place of a man-servant , and did , and executed the lawfull commands and occasions of the said I. S. by the time aforesaid , and that 24 s. for his salary for his said service by the time aforesaid , due at the Feast of St. Martin the Bishop , in Winter , in the yeare , &c. above mentioned , is yet arrear and unpaid by the said I. S. to the said A. W. by which an action accrews to the said A. W. to have and require of the said I. S. the said 24 s. Neverthelesse the said I. S. though often required , &c.

For not setting forth of Tythes .

Yo. ss. R. H. Farmer of all and singular the tythes of hay growing within the Parish of F. in the County of Y. by vertue of a Writ of justicies , by R. N. his Attorney ) complains of T. W. upon a Plea , that he render to him 6l . of , &c. which he oweth to him , and unjustly detains . For that whereas the said T. L. the day , yeare , &c. at F. aforesaid , in the County aforesaid , &c. was possessed and occupied of and in four acres of Medow in F. aforesaid , and Parish aforesaid ; and being so possessed , he the said T. W. did then and there cut down the grasse growing in and upon the said four acres of Meadow , and two loads of hay there , coming to the value of 40 s. then and there did take and carry away , before he the said T. W. had set out , and severed the tythes , or tenth part thereof from nine parts of the same , or agreed for the said tythes , or tenth part thereof , which the said R. did against the form of the Statute in the 5th yeare of E. 6. in such like case made and provided . Whereupon action doth acrew to the said R. H. to have and demand of the said T. W. the said 6l . ( that is to say ) the treble value of the said hay so carried away . Yet notwithstanding the said T. W. though often requested , &c.

Vpon an Award .

R. H. by vertue , &c. by E. B. his Attorney , doth complain of H. S. of a Plea , that he render unto him 10 l. of , &c. which he oweth him , and unjustly detaineth , &c. For that whereas the 25th day of A. in the yeare , &c. at the Castle , &c. it was concluded and agreed betwixt the said H. S. on the one party , and the said R. F. on the other party , that they and both of them should stand and abide , the order , doom and Judgement of I. D. and M. L. of all and every the suits , troubles , differences , debts , trespasse , or whatsoever hath formerly been in any kinde of dealing betwixt them two from the beginning of the world to the day of the date of the said writing , being the said 25. day of A. or else one or either party not standing thereto , to forfeit to the other parties the sum of 10 l. of , &c. And for confirmation thereof , they did both of them set to their hands and seales the day and yeare first above written , at the Castle aforesaid , &c. as by the writing thereof ( ready to be shown to this Court ) may appear . And whereas afterward , that is to say , the day , yeare , &c. at the Castle , &c. the said I. D. and M. L. taking upon them the charge of the premisses , by their order in writing , bearing date the same day and yeare , last above mentioned , and here in Court to be shown , did arbitrate ; order , and award , that the said R. F. should deliver to the said H. S. one parcell of starch then into the hands of the said R. F. and the bag wherein the starch is put affirmed to be the goods of the said H. S. upon the sight of the said Order . And further , they did thereby order and award , that the said H. F. should pay or cause to be paid to the said R. R. upon the sight of this order the sum of 50 s. of , &c. And that all those suits , debts , trespasses , or debates whatsoever from the beginning of the world until the said 25. day of April , the yeare , &c. should utterly cease , and have an end ; or else the party not standing to the same , to forfeit as in the said Order is expressed , the sum of 10 l. as by the said award sealed the said day , year , &c. by the said Arbitrators , and here in Court ready to be shown , may appear . And the said R. F. in fact saith , that though he hath performed all things in the said award , on his part to be performed : Yet the said H. S. hath not performed any thing in the said award on his part to be performed : And namely for that the said H. S. hath not paid to the said R. F. upon the sight of the said Order , being the day , yeare , &c. at the Castle , &c. the sum of 50 s. of , &c. whereby action doth accrew to the said R. F. to have , and demand of the said H. S. the said 10 l. The said H. S. notwithstanding , though often thereunto requested the said 50 s. to the said R. F. hath not yet paid , but the same to pay , &c.

For Attorneys Fees .

Yo. ss. R. A. Gentleman , &c. by T. S. his Attorney , doth complain of W. P. of a Plea , that he do render unto him 1 l. 17 s. 2 d. of , &c. which he doth owe unto him , and unjustly detains from him ; For that whereas the said W. P. the day , yeare , &c. at the Castle of Y. did retaine him the said R. A , to be the Attorney of him the said W. P. in the County Court holden at the Castle of Y. in the County of Y. before the suitors of the same Court to prosecute as the Attorny of him the said W. P. for him the said W. P. in a certain Action , in the name of him the said W. P. against one T. C. of a Plea of Debt , from the said day and yeare , &c. so long as should please both parties , taking for his fees and paines in that behalfe sustained every Court day , in which he the said R A. should be the Attorney of him the said W P. in the said cause 2 s. of lawfull , &c. besides his other reasonable charges and expences by him the said R A. in and about the prosecution of the said action to be laid out . By vertue of which said retainer the said R A. was the Attorney of him the said W. P. for eight Court dayes then next following ; and that he did lay out to the Clark and other Offices of the said Court , in and about the prosecution of the said suit 1 l. 1 s. 2 d. of , &c. which together with the 16 s , for his fees for the said Court dayes , doth in all amount to 1 l. 17 s. 2 d. of , &c. By reason whereof an action doth accrue to the said R A. to have and recover of him the said W P. the said 1 l. 17 s. 2 d. yet the said W P. although often requested the said , &c. to the said R A. he hath not rendred ; but to render the same to him he hath altogether hitherto refused , and doth yet refuse , to the great damage of him the said R A. Whereupon he saith , that he is damnified , and hath damage to the value of 35 s. And thereupon he brings this suit , &c.

Vpon a Lease for Tythes .

Yo. ss. W. T. by E B. his Attorney complains of R R. of a plea , that he render unto him 20 s. of , &c. which he oweth unto him , and unjustly detaineth from him , &c. For that whereas the said W. T. the 11th day of November , in the yeare , &c. at , &c. being then Farmer of the Rectory of for one yeare then next following , did let unto the said R R. all the Tythes of Corne being of , and on six acres and three roods of arrable Land , being part of the Land of O P. in Weatherby aforesaid , and parcell of the said Rectory for 20 s. of , &c. to be paid to the said W T. in manner and forme following ( that is to say ) 12 s , upon the Feast of St. Marke the Evangelist then next following , and the other 8 s. upon the Feast of St. Martin the Bishop in Winter then next following . Yet notwithstanding the said R. R. though often thereunto requested the said 20 s. to the said W T. hath not yet rendred , but the same to render hath contradicted , and yet doth contradict : Whereupon the said W. T. saith that he is worse , and hath damage to the value of 30 s. And thereupon produceth suit , &c.

Vpon a Bond where one is bound to two , and one dyes before the commencement of the Suit .

County Court . ss. J. P. by vertue of a Writ of Justicies , &c. complains of M. M. of S. yeoman , otherwise called M. M. of S. Yeoman , of a plea , that he render unto him 40 l. of , &c. which he oweth to him , and unjustly detaineth from him , &c. For that whereas the said M. M. the second day of May , in the yeare , &c. at , &c. by his certain writing obligatory , sealed with his seale , and here in Court produced , the date whereof is the day and yeare abovesaid , did grant himselfe to owe , and to be firmly bound unto the said I. P. and E. G. late of the City of Y. deceased , in the sum of 40 l. to be paid to the said I. P. or E. G. or either of them , when he should be thereunto requested ; which said E. G. afterward and before the commencement of this suit dyed , and the said I. P. him survived and outlived , by which action doth accrew to the said I. P. to have and demand of the said M. M. the aforesaid sum of 40 l. Notwithstanding the said M. M. though he hath beene often requested , the said 40 l. unto the said E G. hath not rendered , nor to the said I. P. since the death of the said E. G. hath not rendered , but to render , &c.

Another upon the same .

County Court . ss , I. H. by vertue , &c. complains of W. H. of L. otherwise called , &c. of a plea , that he render unto him 20 l. which to him he oweth , and unjustly detaineth , &c. For that whereas the said W: H : ( such a day and yeare ) at , &c. by his writing obligatory , did acknowledge himselfe to be bound to the said I. H. and one M. H. now dead , whom the said I. H. hath survived in the aforesaid 20 l. to be paid unto the said I. H. and M. H. or either of them , when he should be thereunto requested ; Yet the said W. H. although often requested the aforesaid 20 l. to the said I. H. and M. H. or either of them in the life-time of the said M. H. or to the said I. H. after the death of the said M. H. whom , &c. hath not rendered , but the same to them to render hath denyed , and the same to the said I. H. yet to render doth deny . Whereupon he saith that he is made worse , and hath damages to the value of 30 l. And thereof he bringeth his suit , &c. And bringeth here into the Court the writing aforesaid , which testifieth the said debt in manner aforesaid , the date whereof is the day and year abovesaid .

Vpon a Bond for an Executor against Sisters as Co-heires , one of them being married .

York . ss. T. P. Executor of the Testament of W. P. by Writ , &c. complains against R. M. late of L. Knight , and A. his wife , and L B. late of L. Spinster , daughters and co-heirs of C B. Gent. lately called C B. &c. of a plea , that they render unto him 80 l. which from him they unjustly detain , &c. For that whereas the said C B. Father of the aforesaid A. and L. whose heirs they are in his life time , the 10th day of June , &c. at , &c. by his writing obligatory did acknowledge himselfe to be bound to the said W. P. in his life time in the aforesaid 80 l. to be paid unto the said W. P. when he should be thereunto requested . And to the same payment well and faithfully to be made , the aforesaid C. B. hath bound himselfe and his heires by the same writing . Yet the said C. B. in his life time , and the aforesaid A. and L. daughters and co-heirs of the said C. B. after the death of the said C. B. whilst they were sole , and the said R. and A. and L. after the Marriage between them the said R. and A. celebrated , although often requested the aforesaid 80 l. to the said W. P. in his life time , or to the said T. P. after the death of the said W. P. have not rendred , but the same to them to render have denyed , and the aforesaid R. and A. and L. the same to the said T. P. yet to render doth deny , and unjustly detaine ; whereupon he saith that he is made worse , and hath damage to the value of 10 l. And thereof he brings his suit , &c. And he bringeth , &c. ( as in another upon a Bond for an Executor , &c. )

Vpon a Bond against an Administrator , for an Administrator during the minority of the Executor of an Executor .

Y. ss. W. T. & E. his Wife Administratrix of the goods and Chattels which were of E. A. of H. late of , Executor of the Testament of E. A. of T. by Writ , &c. complains against M. C. &c. Administratrix of the Goods and Chattels which were of R. C. who dyed intestate , &c. lately called R. C. of T. in the County of Yo. Gentleman of a plea , that she render unto them 40 pounds , which from them shee unjustly deteyneth , &c. For that whereas the sayd R. C. in his life time , the fourth day of January , &c. 1649. at Y. by his certaine writing obligatory , did acknowledge himselfe to be bound to the said E. A. of T. in his life time , in the aforesaid 40 pounds to be paid unto the said E. A. when he should be thereunto requested . Yet the said R. C. in his life time , and the aforesaid M. C. after the death of the said R. C. to whom the Administration of all the Goods and Chattels which were of the said R. C. at the time of his death at Y. aforesaid , after the death of the said R. C. was committed , although often requested the aforesaid 40 pounds to the said E. A. of T. in his life time , and to the said E. A. of H. in his life time , after the death of the said E. A. of T. or to the said E. after the death of the said E. A. of H. while she was sole , to whom the Administration of all the Goods and Chattels which were of the said E. A. of H. at the time of his death during the minority of the said E. A. the younger , Executor of the Testament of the said E. A. of H. which said E. A. the younger is yet within the age ( namely ) of 14 years , and no more , by the Keepers of the Liberty of England , &c. the tenth day of May , 1651. at Y. aforesaid after the death of the said E. A. of H. was commited , or to the sayd W. T. and E. after the marriage betwixt them celebrated have not rendred , but the same to them to render have denyed . And the said M. C. the same to the said W. T. and E. yet to render doth deny and unjustly detayne . Whereupon they say that they are made worse , and have damage to the value of thirty pounds , and hereof they bring their suit , &c.

And they bring here into the Court aswell the Writing aforesaid , which testifieth the debt in manner aforesaid , the date whereof is the aforesaid 14th day of Ianuary , 1649. aforesaid , as the Letters testamentary of the said E. A. of T. by which it doth sufficeently appeare to the Court here the said E. A. of H. to have beene Executor of the Testament of the said E. A. of T. And thereof to have had Administration , &c. As also the Letters testamentary of the said E. A. of H. By which it doth sufficiently appeare to the Court here , the said E. A. the younger to be Executor of the Testament of the sayd E. A. of H. And also the Letters of Administration of the sayd Keepers , which testifieth the committing of the Administration aforesaid to the said E. in form aforesaid , &c.

For not delivering of a Pawn upon tender of the money borrowed .

Yo. ss. A. S. by Writ , &c. complains against E. P. of a Plea whereas the said A. the first day of May , &c. at &c. borrowed of the said E. P. 12 l. of , &c. and then and there did pawn , and in the name of a pledge , gave and delivered to the said E. P. divers goods and chattels of the said A. S. to the value of 172 l. of lawfull , &c. for security to the aforesaid E. P. for the repayment of the aforesaid 12 l. together with interest for deferring and giving day of payment of the said 12 l. according to the rate of 6 l. in the hundred by sum until the aforesaid , A. S. the aforesaid 12 l. to the aforesaid E. P. should repay . And the aforesaid E. P. then and there ( that is to say ) the first day of May , the year , &c. aforesaid at , &c. in consideration of the premisses upon him did assume , and to the said A. S. then and there faithfully promised , that he the aforesaid E. P. the goods and chattels aforesaid to him by the aforesaid A. S. formerly pawned and delivered to the said E. P. upon the payment of the aforesaid 12 l. together with interest for the said 12 l. according to the rate aforesaid to him to be made , he would well and faithfully redeliver and restore , although the said A. S. afterward , that is to say , the 16. day of S. the year , &c. and often after at , &c. the aforesaid 12 l. together with the interest for the said 12 l. according to the rate of 6 l. in the hundred , by the whole to the aforesaid E. P. fully to pay and satisfie offered . Notwithstanding the aforesaid E. P. his promise and assumption aforesaid little regarding , but shifting and fraudulently intending the said A. S. in that part craftily and subtilly to deceive and defraud the aforesaid ; the aforesaid 12 l. together with the interest for the same 12 l. according to the rate aforesaid of the aforesaid A. S. to receive , and the goods and chattels aforesaid to the A. S. to redeliver altogether hath refused , and as yet doth refuse , to the great damage of the said A. S. &c.

Against a Carrier for losse of goods delivered to him .

Yo. ss. G. B. Esquire , by vertue , &c. complains of P. M. upon an action of trespass upon the Case , for that whereas the aforesaid P. M. ( such a day and year ) at , &c. and long before , and always after , hitherto was , and yet is a Common Carrier from the City of Y. in the County of the same City , unto the Town of S. in the said County , and from the said Town of S. unto the said City of Y. And the same P. M. the same day and year , and long before , and continually after hitherto was used and accustomed , by himself and his servants upon the horses of him the said P. M. to carry goods and chattels for any manner of persons for a reasonable and a lawfull stipend and sallary in that behalfe therefore to be paid ; to be carried to and from , between the aforesaid Town of S. and City of Y. according to an usual agreement and payment in that behalf to be made and had : and whereas also accordding to the Law and Custom of this Commonwealth of England , all such like common Carriers who do receive goods and chattels of any manner of persons so to be carried , for a reasonable or lawfull stipend or sallary therefore to be given or paid , are bound to keep and carry the same goods and chattels of such like persons so received , without spoiling , with-holding , or losing of them : so that for , or by the default of such Common Carrier no damage should in any manner happen to such persons by carrying of their Carriages : And whereas the aforesaid P. M. the aforesaid , ( such a day and year ) at S aforesaid in the County aforesaid had taken upon him to carry one Trunk fast locked with divers moneys , goods , and chattels of him the said G. B. to the value of 10 l. in the same Trunk then being sasely and carefully from the aforesaid City of Y. to and unto the said Town of S. and for a certain and usuall stipend , sallary and rate , for carrying of the said Trunk , moneys , goods , and chattels aforesaid , by the aforesaid G. afterwards , to wit , such a day and year aforesaid , at the City of Y. aforesaid , received of him the said G. B. the Trunk aforesaid , with the moneyes , goods , and chattels aforesaid in the same chest then as aforesaid being locked in form aforesaid to be carried : the aforesaid P. M. the Trunk aforesaid , with the moneys , goods , and chattels aforesaid of him the said G B. afterwards , to wit , ( such a day year , and place ) did so negligently and improvidently keep and carry , that divers moneyes , goods , and chattels of him the said G. B. in the said Trunk as aforesaid , before that being locked ( that is to say ) 5 l. in money numbred , one pair of , &c. to the value of , &c. by the negligent custome of him the said P. M. then and there lost were taken , and that he the said G. B. those moneys , goods , and chattels last mentioned from thence until the day , &c. to wit ( such a day and yeare ) hath not received nor had , although the said P. M. by him the said G. B. afterwards , to wit ( such a day and year ) hath often been required to deliver to him the said G B. the moneyes , goods , and chattels aforesaid , so as aforesaid lost . Whereupon the same G. B. saith that he is damnified , &c.

For Coales , promising to pay so much as they should reasonably be worth .

I. I. by , &c. complains of R. R. of a Plea of Trespasse upon the case , &c. for that whereas the said R. R. the day , year , &c. at the Castle , &c. In consideration that the said I. I. at the request of the said R. R. had bargained and sold unto the said R. R. eleven wains loads of coales ; he did assume upon himselfe , and to the said I. I. then and there saithfully promise , that he the said R. R. so much as the said eleven waines loads of coales should be reasonably worth unto the said I. I. when he should be thereunto requested would well and saithfully pay and content . And the said I. I. in fact saith , that the said eleven wains loads of coals was reasonably worth thirty three shillings of , &c. Yet notwithstanding the said R. R. not regarding his promise , and assumption aforesaid , but subtilly and craftily intending to defraud and deceive the said I. I. in the premisses , although he hath been often requested the aforesaid thirty three shillings unto the said I. I. he hath not paid , but the same unto him to pay altogether hitherto he hath refused , and as yet doth refuse , contrary to his promise and assumption aforesaid ; to the great damage of the said I. I. whefore he saith , he is worse , and hath damage to the value of thirty nine shillings . And thereupon produceth suit , &c.

For a Horse sold , warranted to be sound .

Yo. ss. W. M. by R. B his Attorney complains of R. K. of a plea of Trespasse upon the case . That whereas the said W. M. the day and year , &c. at the Castle , &c did buy of the said R. K. one black Gelding for five pounds of , &c. he the said R. K. then and there did warrant the said Gelding to be whole , sound and not infected with any disease or infirmity : and the said W M. in fact saith , that the said Gelding was then so infected with the glaunders , and divers other diseases , and infirmities , as the said Gelding was nothing worth to the said W. M. to the damage of the said W. M. of thirty nine shillings . And thereupon he brings this action , &c.

For a Horse lent , promising to redeliver him , &c.

Yo. ss. I. R. complains of I. A. of a Plea of Trespasse upon the Case , &c. That whereas the said I. A. the day , year , &c. at the Castle , &c. In consideration that the said I. R. then and there at the instance and request of the said I. A. had lent and delivered unto the said I. A. one Bay Nag of the price of six pounds to be redelivered to the said I. R. when after that he should be thereunto requested , the said I. A. assumed upon himself , and to the said I. R. then and there faithfully promised , that he the said I. A. the said Bay Nag unto the said I. R. when after he should be thereunto requested , would faithfully restore and deliver , and also 12 d. of , &c. for every day wherein the said I. A. should labour or ride the said Nag , to the said I. R. when after that he should be thereunto requested , well and faithfully would pay and content . And the said I. R. in fact saith , that he the said I. A. forty dayes did labour or ride the said Nag . Nevertheless the said I. A. his promise and assumption aforesaid not regarding , but craftily and subtilly intending to defraud and deceive the said I. R , in the premisses , although the day , year , &c. abovesaid , as also at divers dayes and times after that , and before the Commencement of this suit , at the Castle , &c. he hath often been requested to deliver the said Nag to the said I. R. But the said Nag to restore or deliver to the said I. R. he hath not delivered , and the same to restore or deliver he hath altogether refused , and yet doth refuse , no nor 40s . for the labour or hire of the said Nag , the said forty dayes to the said I. R. hath not paid , but the same to pay he likewise hath refused , and still doth refuse , contrary to his promise and assumption aforesaid , to the great damage of him the said I. R. of , &c.

For adgysting of Beasts .

County Court , ss. T. B. complaines of I. S. upon a Plea of Trespasse upon the Case ; For that whereas the day , year , &c. at the Castle , &c. In consideration that the said T. B. at the speciall instance and request of I. D. in his life time would depasture and feed two Oxen of the said I. D. in the ground of the said T. B. in A. within the said County , &c. From the said day , year , &c , unto the end of one month next following , he the said I. D. in his life time did assume upon himself , and to the said T. B. then and the faithfully promised , that the said I. D. as much as the said depasturing , and seeding should be reasonably worth to the said T. B. when he the said I. D. should be thereunto requested well and truly would content and pay . And the said T. B. in fact saith , that he from the said day , year , &c. unto the end of one month then next folowing did depasture and feed the said two Oxen of the said I. D. in the said ground of the said T. B. in A. aforesaid , and that the said depasturing and feeding was reasonably worth 12 s. of , &c. Yet notwithstanding the said I. D. in his life time , and the said I. S. after the death of the said I. D. the promises and assumptions of the said I. D. not regarding , but endeavouring , and fraudulently intending , the said T. B. in this behalf craftily and subtilly to deceive and defraud : the said 12 s. or any penny thereof , to the said T. B. as yet hath not paid , nor for the same any way contented , but the same to pay the said I. D. in his life time , and the said I. S. after his death hath refused , and as yet doth refuse : although the said I. D. in his life time , afterwards , that is to say , the day , year , &c. at the Castle ; &c. was thereunto requested : whereupon the said T. B. saith , he is worse , and hath damage to the value of 30 s. and thereupon produceth suit , &c.

For curing a Wound .

Y. ss. A. S. complains of W. H. in , &c. For that whereas the said W. H. the day , year , &c. at the Castle , &c. being then and there fore wounded in his throat and back , with the stab of a knife : In consideration that the said A. S. at the special instance and request of the said W. H. would to the best of his art and skil of a Chirurgeon , endeavour to cure the wound of the said W. H. and take pains and labour therein , he the said W. H. did assume upon himselfe , and to the said A. S. then and there faithfully promised , that he the said W. H. so much as the said endeavour , labour and paines of him the said A. S. to cure the said wounds of the said W. H. and his charges and paines therein should be reasonably worth , unto the said A. S. when he should be thereunto required , would well and faithfully pay and content . And the said A. S. in Fact saith , that his endeavour , labour , and paines to cure the said wounds of the said W. H. and his charges therein was reasonably worth 30 s. of , &c. Notwithstanding the said W. H. not caring for his promise and assumption , but endeavouring and fraudulenly intending him the said A. S. in this behalfe , craftily and subtilly to deceive and defraud , &c.

For a Labourers hire .

Yo. ss. M. R. complains of G. N. in an , &c. for that whereas the said G. N. the day , yeare , &c. at , &c. In consideration that the said M. R. then and there at the request of the said G. N. would cut downe certaine whins of the said G. N. then growing and being in a Close called the O. lying in the Township of H. in the County aforesaid , and make the same whins into whin-kids or faggots , the said G. N. assumed upon himselfe , and to the said M. R. then and there faithfully promised , that he the said G. N. as much as would please or content him the said M. R. for his work and labour in cutting down and kidding the said whins in the Close aforesaid , as long as the said M. R. should so worke and labour for the said G. N. when afterwards that he should be thereunto requested would well and faithfully pay and content . And the aforesaid M. R. doth aver and say , that accordingly he did cut down and kid whins for the said G. N. in the Close aforesaid by the space of one whole day then next after , and that he well deserved 12 d. of , &c. for his wages , for his day-work , and labour , and that 12 d. is a reasonable summe to please and content him for his said day-work and labour , in cutting down and kidding of the said whins as aforesaid ; yet notwithstanding the aforesaid G. N. his promise and assumption aforesaid , little minding or regarding , but craftily and subtilly intending to deceive and defraud the said M. R. in the premisses , although , &c.

In consideration that the Plaintiff would deliver unto one E. L. certain Mercery wares , if he did not pay for them , the Defendant would .

Yo. ss. P. B. Esquire , by vertue of a Writ , &c. doth complain of H. S. of an action , &c. for that whereas the day , year , &c. at the Castle &c. In consideration that the said P. B. ( being then and yet a Mercer of the City of Y : would deliver unto E L. for the use of the said E L. such parcels of Mercery wares , as he the said E L. should take up and receive of the said P B. he the said H S. did assume upon himselfe , and to the said P B. then and there did faithfully promise , that if the said E L. should not pay and satisfie the said P B. for the said wares at such rates and prizes , as the said E L. and the said P B. should agree upon , that he the said H S. would well and truly pay and satisfie unto the said P B. all such moneys as the said E L. and P B. should agree upon for the rates and prizes of the said wares , betwixt the said day , yeare , &c. and May day then next after : And the said P B. in fact saith , that afterwards , that is to say , the day , &c. and year aforesaid , at the Castle , &c. aforesaid , the said E L. did take up and receive of the said P B. Mercery wares , hereafter following ( that is to say ) seven yards of black Flaunders-searge , for 38 s. and five yards of Italiana , for 26 s. of lawful , &c. both which rates and prizes were then and there agreed upon , between the said E L. and the said P B. and did amount to the sum of three pounds and four shillings of , &c , which said sum of , &c. or any penny thereof , the said E L. hath not yet paid , or satisfied to the said P B. Notwithstanding the said H. S. his promise and assumption aforesaid not regarding , but endeavouring , &c.

Slander for calling the Plaintiff Thief , &c.

Yo. ss. E. R. complains of G. S. of a plea , &c. Whereas the said E. R. is a good , true , saithfull , and honest member of this Common wealth of England , and of a good name , report , credit , conversation , condition , reputation and esteem , as well amongst his neighbours ( and faithful members of this Common-wealth ) as also other honest persons to whom the said E. R. hath been known from the time of his birth , and hath been noted , esteemed , and reported , and without any stain , blemish , or suspition of theft , falshood , deceit , fraud , or of any other notorious crime , he hath carried and behaved himselfe all his life time free , untouched , and not in the least wise suspected . Neverthelesse the aforesaid G. S. not being ignorant of the Premisses , but out of his meer malice , evilly intending , not onely the good name , report , opinion , credit , esteem and reputation of the said E. R. to hurt , wound detract , and utterly to destroy , but also to bring the said E. R. into trouble , vexation & infamy , the day , year , and place , &c. in the County aforesaid , false , feigned , malicious , and scandalous words , to the said E. R , & of the said E. R. in the presence and hearing of many honest and credible men , openly and publiquely , did speak and publish in these words following ; Thou ( meaning the said E R. art a Thief ) and I ( meaning the aforesaid G. S. ) will prove thee ( meaning the said E. R. ) a Thief , and a horse-stealing thief from thy cradle . By reason and means of which false , feigned , scandalous , and malicious words declared and published as aforesaid , the aforesaid E , R. is much hurt , wounded , and damnified in his good name , report , credit and reputation aforesaid ; in which before that time with very many honest and faithfull members of this Common-wealth he was reputed , and also the said E. R. into great discredit , suspition and infamy , with many faithfull and honest persons is thereby induced and brought , so that divers persons , who before that time did accompany , respect , and much esteem the foresaid E. R. themselves from the company , and society of the said E. R. do now withdraw , and absent themselves , and further with the aforesaid E. R. to intermeddle , buy , sell , or commerce have altogether refused , and still do refuse , to the great damage of the said E. R. of 30 s. And therefore he hath brought this suit , &c.

For slanderously calling the Plaintiffe Bankerupt .

Yo. ss. E. B. complains of E. M. in a Plea of Trespasse upon the Case ; For that , whereas the said E. B. a good , true , faithful , and honest member of this Common-wealth , and like a good , honest , and faithful member of the said Common-wealth , now and from the time of his Nativity hitherto , without any spot or suspition of deceit , corruption , bankrupt , or fraud , or any one of them , hath carried , behaved , and governed himselfe , and of good name , fame , credit and estimation , trust , and carriage , of great substance of riches , alwayes hitherto hath been reported , and held , and honestly , justly , and faithfully in all his intermissions and businesses with whomsoever had and made throughout the whole time aforesaid , himselfe hath carried and behaved . And whereas , he the said E. B. the day , yeare , &c. and by the space of ten yeares last , and continually afterwards hitherto the art , mystery , or faculty of an Apothecary of the said City of Y. exercised and used , his living and maintenance of himselfe and his Family , by exercising amd using the art , mystery , or faculty through the whole time aforesaid , well plentifully and sufficiently had gotten and gained , and also divers great sums of money , by lawfully buying and selling , merchandising and bargaining , upon his credit of divers wares , and other things belonging to the art , mystery , or faculty of him the said E. B. to the better maintenance of him and his Family , and to the great increase of his riches , justly and honestly through the whole time aforesaid had obtained , and all and singular sums for what things or merchandizes whatsoever by him or of any other persons throughout the said time , upon credit had bought or received , or by any way due , he the said E. B. to any such person to him the said E. B. so giving credit according to the contract and agreement betwixt them concorded and made , without fraud or delay had paid by the parcell ; of which said premisses , and also by reason of his honest carriage towards all persons , he the said E. B. the chief credit and good opinion amongst all his neighbours , and amongst very many honourable persons and other people of the said Common-wealth to whom he was known , he deservedly had and gained to himselfe . The said E. N. notwithstanding not ignorant of the premisses , but the hap and condition aforesaid , of the said E. B. maliciously devising , imagining , and fraudulently intending the said state , name , fame , credit , trust and estimation of the said E. B. to hurt , deprive , and to cause him , the said E. B. to fall into want , discredit and poverty , and to be accepted and reputed of such an evill carriage , and also for a Banckrupt , and a man of no credit amongst all the faithfull members of this Common-wealth , that they all from the company of him the said E. B. as from the consort of a Banckrupt person , or man worthy of no credit , might altogether withdraw themselves , and forbear with the said E. B. to bargain , sell , or deale , they might altogether give over , afterwards ( to wit ) on the day , yeare , &c. aforesaid , at Y. aforesaid these false , scandalous , and opprobrious English words following of him the said E. B. in the presence and hearing of divers faithfull members of this Common-wealth then and there present and hearing , falsly , maliciously , and scandalously with a loud voyce said , proclaimed , pronounced and published ( to wit E. B. meaning the said E. B. Plaintiffe ) is a Rogue and a Banckrupt , and I ( meaning himself the said E. N. now Desendant ) will prove him one . By reason of the speaking and proclaiming of which said false , scandalous , and opprobrious words , he the said E. B. not onely in his good name , fame , credit , trust , and estimation aforesaid , is greatly hurt and scandalized , but also hereby doth stand deprived , and utterly spoiled , that his said neighbours and other faithfull members of this Common-wealth , with him the said E. B. to buy , merchandize , bargain , or any way to meddle , or deal , do altogether distrust and refuse him the said C. D. for a consumer , waster , and detayner of other mens riches and estates , they repute and suppose him to be by the said E. N. not onely in exercising and maintaining of his art , mystery or faculty is very much hindered , and his estate and substance is very much weakned and consumed , but also hath been constrained and compelled to lay out and spend divers great sums of money in clearing himselfe of the premisses aforesaid laid upon him , for the recovering of his good name , fame , credit , trust , and estimation aforesaid . Whereupon the said E B. saith , that he is made worse , and hath damage to the value of 200 l. And thereupon produceth this suit , &c.

In consideration that the Plaintiffe would marry E. R. the Defendant promised to make him worth 200 l.

Yo. ss. W. P. &c. complains of P. W. of a Plea , &c. That whereas the day , yeare , &c. at the Castle , &c. there was a communication between the said W. P. and 14 E. 4. fol. 6. 15 E. 4. fo. 32. 17 E. 4. fo. 5. the said P. W. of and concerning the said W. P. taking to Wise one E. R. the daughter of one S. R. of , &c. County , &c. the said P. W. in consideration that the said W P. at the speciall instance and request of the said P W. according to the Laws and customes of England by the consent of the said S R. would marry and take to wise the said E R. upon himselfe did assume , and to the said W P. then and there did faithfully promise , that he the said P W. would make him the said W. P. worth 200 l. of , &c. and better , immediately after the solemnization of the marriage of the said W P. and the said E R. And the said W P. indeed saith , that in hopes of the performance of the promise and assumption of the said P W. and at the speciall instance and request of the said P. W. afterwards ( that is to say ) the day , year , &c. at , &c. aforesaid , the said W P. according to the Lawes and customes of England by the consent of S R. did marry and take to wife the said E R. Neverthelesse the said P W. little regarding his promise and assumption aforesaid , but contriving and fraudulently intending craftily and subtily to deceive and defraud the said W P. in this behalfe , hath not made the said W P. worth 200 l. and better , albeit afterwards ( that is to say ) the day , year , &c. at , &c. aforesaid by the said W P. he hath been thereunto required , but hath hitherto refused to do the same , and still doth refuse , to his damage of , &c.

For stopping up of anothers light , for depriving him of ayre , and the passage of raine .

County Court . ss. Co. Report , q. part . Aldreds Case . T. P. &c. complains of A B. &c. of a plea of Trespasse upon the Case ; for that whereas the said T. P. for the space of seven years now last past , hath been , and yet is , seised of one ancient Messuage , with the Appurtenances in S. aforesaid in his Demesne as of Fee ; in which Messuage the said T P. and his Family all the time aforesaid have dwelt , and yet do dwell ; And also whereas the said A B. for the space of three yeares now last past , hath been and yet is possessed of one other Messuage with the Appurtenances in S. aforesaid , lying next and contiguous to the said Messuage of the said T P. on the West side of the same Messuage of the said T P. And also whereas in the said West-side of the said Messuage of the said T P. time out of minde there hath been , and yet are , two ancient Windowes , parcell of the said Messuage of the said T P. Through which windowes not onely light hath used to shine into the said Messuage to enlighten it , but also wholsome ayre hath used to passe into the said Messuage for the health of him the said T. P. and his Family abiding in the same . And the said T P. of his said Messuage with the Appurtenances so as aforesaid being seised : And the said A B. of his said Messuage with the Appurtenances possessed , the same A. B. not ignorant of the premisses , but maliciously intending to stop up the said windows , and deprive the said T P. and his Family of the light and wholsome ayre shining and passing through the said windowes into the said Messuage of him the said T. P. ( such a day and yeare ) at S. aforesaid , did build and set up , and from that time hitherto hath continued a certaine house upon a piece of ground called the backside , parcell of the said Messuage of him the said A. B. so nigh unto the said Messuage of the said T. P. and the said two widowes , that not onely the sayd two windowes are stopped up , and thereby the said T. P. and his Family deprived of the light and wholsome ayre which were wont to shine and passe through the said windowes into the said Messuage of him the said T. P. but also the passage of the Rain falling from the said Messuage of the said T. P. is hindered , and the Rain so hindered in passing away , sinketh downe to , and under the Foundations of the said Messuage of the said T. P. whereby the foundations of the said Messuage are weakned , and the Messuage likely to go to ruine , to the great damage of the said T. P. of 20 l. And thereof he produceth this Action , &c.

For teaching the Defendants childe the Latine Tongue , &c.

Yo. ss. P. G. by I. R. his Attorney complains of I A. of a Plea of Trespasse upon the Case , &c. For that whereas the said I. A. the first day of August , in the yeare , &c. at , &c. in the County , &c. For and in consideration that the said P. G. for and during the time of twelve moneths and twenty dayes then last past , had taught and instructed I. A. the naturall sonne of the said I. A. in the rudiments and learning of the Latine Tongue , and from the said first day of August , in the yeare aforesaid , at H. aforesaid , would teach and instruct the said I. A. the son , so long as it should please both parties in the said learning of the Latine Tongue aforesaid , did assume upon himself , and to the said P G. then and there did faithfully promise that he the said I A. the Father , so much as the said teaching , instructing , eruditing and learning of the said I. A. the Son , for all the time aforesaid should be reasonably worth to the said P G. when he the said I A. the Father should be thereunto requested , well and faithfully would pay and content . And the said P G. in fact saith , that he relying on the promise and assumption aforesaid , of the said I A. the Father , did teach , instruct , erudite and learn the said I A. the sonne in the learning aforesaid , from the first day of August aforesaid , untill the last day of July , in the yeare of our Lord , 1651. And that the teaching , instructing , eruditing and learning aforesaid of the said I A. the sonne , during all the time aforesaid being 12 moneths and 20 dayes , was reasonably worth twenty shillings of lawfull English money . Notwithstanding the said I. A. the Father , not regarding his promise and assumption aforesaid , but subtilly devising , and fraudulently intending him the said P G. &c.

For dyet , and time given for the payment of the Debt .

County Court . ss. N. D. by &c. complains of I D. of an action of Trespasse upon the Case ; For that whereas the fifth day , &c. at , &c. the said I D. was indebted unto the said N D. in the summe of 18 shillings of , &c. for meate and drinke wherewith the said N. D. then supplyed him . And being so indebted , in consideration that the said N D. then and there at the Castle of Y. in the County of Y. and within the Liberty and Jurisdiction of this Court , at the special instance and request of the said I D. did give time for the payment of the said 18 shillings , untill the next day after , he the said I D. did assume upon himselfe , and to the said N D. then and there faithfully promised , that he the said I D. the said 18 shillings unto the said N D. the said next day after well and truly would content and pay ; and although the said N D. till the next day after , and hitherto did forbear the payment of the said 18. shillings . Yet the said I. D. his promise and assumption aforesaid not regarding , but endeavouring and fraudulently intending the said N. D. &c.

Vpon an Assumpsit to save one harmlesse upon an Obligation .

Yo. ss. A. B. by vertue of a Writ of Justicies , &c. complains of C D. of an Action of Trespasse upon the Case , &c. For that , to wit , that whereas the aforesaid A. B. the ( day and yeare ) at the Castle of Y. in the County aforesaid , and within the jurisdiction of this Court , at the special instance and request of the aforesaid C. D. by his writing obligatory , bearing date the same day and year , was bound , together with the aforesaid C D. and for the sole debt of the said C D. unto one E F. upon Condition thereupon indorsed , that if the aforesaid C D. should pay unto the aforesaid E F. at a certaine day in the same Condition contained , 10 l. of lawfull , &c. that then that writing should be voyd and of none effect , otherwise to remain in his strength and vertue , the aforesaid C D. afterwards , that is to say , ( in such a day and place ) in consideration aforesaid , assumed upon himselfe , and to the aforesaid A B. then and there faithfully promised , that the said C D. at all times then afterwards would discharge the aforesaid A. B. against the aforesaid E F. from the aforesaid writing obligatory . Yet neverthelesse the aforesaid C D. his promise and assumption aforesaid not regarding , hath not hitherto discharged the aforesaid A B. from the aforesaid writing obligatory , although he hath been often required by him the said A. B. to do it ; whereupon the said A B. saith , that he is very much the worse , &c.

For keeping a Dog accustomed to bite Sheep .

Yo. ss. A. B. by &c. complains of C. D. &c. for that , that is to say , whereas the aforesaid C. D. did knowingly keep and retain a certain Dog accustomed to bite Sheep at , &c. which said Dog twenty Wether Sheep , twenty Ewes and twenty Lambs of him the said A B. to the price of 10 l. at , &c. aforesaid , found the 12. day of May , in the yeare of our Lord 1657. did so grievously bite , that those Sheep and Lambs by the biting of the Dog aforesaid , then and there died : whereupon the said A B. saith , that he is worse , and hath damage , to the value of twenty pounds . And thereupon he brings his Suit , &c.

Another .

County Court , ss. A. B. by writ , &c. complains of C. D. of a Plea , &c. For that , that is to say , whereas the aforesaid C. D. the 8. day of June in the year , &c. at , &c. a certain dog accustomed to bite Sheep , he knowingly retained , which said Dog the day and year aforesaid at , &c. aforesaid , the Sheeep , that is to say , sixteen wether Sheep , and thirty Ewe-sheep , and eight Lambs of him the said A B. did chase and bite , so that by the chasing & biting six of the said Wether-sheep , 12 of the said Ewe-sheep , and four of the said Lambs of the price of ten pounds died : and the residue , to wit , eighteen of the said Ewe-sheep great with yong , cast their Lambs abortive : And the residue of the said Wether-sheep were much worsted : And other harms , &c.

Against an Inn-keeper for a Horse lost .

County Court ss. A. B. by vertue of a Writ , &c. complaineth of C. D. Inn-keeper of a Common Inn , called the sign of the White Hart in Skipton in Craven in the County of York , and within the liberty and jurisdiction of this Court , of a Plea of Trespasse upon the Case : For that , that is to say , whereas according to the Law and Custom of the Common-wealth of England , Inn-keepers , who hold and keep common Inns to lodge and Entertain men travelling by those parts , where such like Inns are , and lodging in them , are bound to keep both by day and night , their goods being within those Inns without any diminution or losse : So that by default of those Inn-Keepers or their Servants , no damage shall happen or come to their guests by any means . And whereas the aforesaid C. D. before the tenth day of March in the year , &c. And the same tenth day , &c. held and kept the common Inn aforesaid , called the signe of the White Hart in Skipton in Craven aforesaid , in the County aforesaid , and within the liberty and jurisdiction aforesaid . And him the said A B , in the same Inn as his Guest , then and there entertained : and the same A B. then and there one Gelding of a white colour , of the price of ten pounds , he brought into the Inn aforesaid with him , which said Gelding the aforesaid C. D. in his custody then and there received and had , yet certain Malefactors unknown to him the said A B. afterwards , to wit , the aforesaid tenth day of March in the year aforesaid , E. F. aforesaid the Gelding aforesaid , being under the custody of the aforesaid C. D. in the aforesaid Inn then and there found , for want of good keeping of the said C. D. and his servants , he took and led away , against the Law and Custome aforesaid . Whereupon the same A B. sayes that he is worsted , and hath damage to the value of twenty pounds . And thereupon he brings his suit , &c.

Vpon a Horse Race .

Y. ss. G. G. by I. R. his Attorney doth complain of D M of a plea of Trespasse upon the case , &c. That whereas ( such a day and year ) at , &c. conference was had between the said G G. and D. M. concerning a Horse-race , to be run between a gray Gelding of the said G. G. and a bay Gelding of the said D. M. from B. aforesaid unto a house called Dexes in the aforesaid County , upon which conference so had , in consideration that the said G. G. at the speciall instance and request of the said D. M. did then and there pay and deposite into the hands of one Margaret the wife of one I. W. two shillings six pence of lawfull English money . And in consideration also that the said G. G. did then and there ingage himselfe to give and deliver unto the said D. M. the said gray Gelding of the said G. G. in case the said gray Gelding should not out-run the said bay Gelding of the said D. M. from B. aforesaid unto the said house called Dexes , and that the said G. G. should not there leave his Hatband , before the said bay Gelding of the said D. M. should come to the said house called Dexes , the said D. M. the said twentieth day of May in the year aforesaid , at B. aforesaid , and within the jurisdiction aforesaid , did assume upon himself , and to the said G. G. did then and there faithfully promise , rhat if the said Gelding of the said G. G. did out-run the said bay Gelding of the said D. M. from B. aforesaid unto the said house called Dexes , and that the said G. G. should leave his hatband there before the said Gelding of the said D. M. should come to the said house , that then the said D. M. the said bay Gelding to the said G. G. to the use and behoofe of the said G. G. would give and deliver when he the said D. M. should be thereunto requested . And the said G G. in fact saith , that his said gray Gelding did then and there out-run the said bay Gelding of the said D. M. from B. aforesaid to the said house called Dexes , and that he the said G G. did leave his hatband there before the said Gelding of the said D. M. did come to the said house called Dexes . And whereas also the said 20. day of May in the year abovesaid at B. aforesaid , and within the jurisdiction aforesaid , in consideration that the said G G. at the special instance and request of the said D M. did then and there pay and deposite into the hands of the said Margaret , wife of the said I. W. two shillings six pence of lawful , &c. And in consideration also that the said G G. did then & there ingage himself to pay unto the said D M. 20 s. of like lawful money , in case that the said gray Gelding of the said G. G. should not out-run the said bay Gelding of the said D. M. from B. aforesaid , unto the said house called Dexes , and that the said G G. should not there leave his hatband before the said bay Gelding of the said D M. should come to the said house . The said D. M. the said 20. day of May in the year abovesaid , at B. aforesaid , within the jurisdiction aforesaid , did assume upon himself , and to the said G G. did then and there faithfully promise , that if the said Gelding of the said G G. should not out-run the said bay Gelding of the said D. M. from B. aforesaid , to the said house called Dexes , and that the said G G. should leave his hatband there before the said Gelding of the said D. M. should come to the said house , that then the said D. M. twenty shillings of , &c. to the said G G. when he the said D M. should be thereunto requested , well and truly would content and pay . And the said G G. as before in fact saith , that his said gray Gelding did then and there out run the said bay Gelding of the said D M. from B. aforesaid . unto the said house called Dexes , and he the said G G did leave his hatband there before the said Gelding of the said D M. did come to the house called Dexes . The said D. M. &c. Notwithstanding his promise and assumption aforesaid not regarding , but endeavouring and fraudulently intending the said G G. in this behalf craftily and subtilly to deceive and defraud , the said bay Gelding to the said G G. hath not yet delivered , nor the said twenty shillings to the said G G. hath not yet paid , nor for the same any way contented , although the said D M. afterwards , that is to say , the 21. day of May in the year aforesaid , at B. aforesaid , and within the jurisdiction aforesaid , hereunto was requested , whereupon he the said G G. saith he is worse , and hath damage to the value of ten pounds : And thereupon produceth suit , &c.

Another upon a Horse-race .

Yo. ss. I. H. by vertue of a Writ , &c. complains of B. D. of a Plea , &c. For that whereas the 20. day of May in the year , &c. at the Castle of Y &c. conference being had by and between the said I. H. and the said B. D. of and concerning a Horse-race to be run between a gray Mare of the said I. H. and a bay Gelding of the said B D. three times about the Race as it was stooped out called A. Town Race , being upon the Moor of A. aforesaid , upon which conference it was then and there agreed between the said I. H. and B. D. that the said I. H. should ride himselfe the said race upon the said gray Mare , and that the said B. D. himselfe should ride the said race upon the said bay Gelding , and that the said B. D. and I. H. should be weighed , and which of them should want of weight should be charged with as much more weight as should make him equal in weight with the other ; and upon that agreement the said I. H. did then and there pay unto the said B. D. twenty shillings of , &c. And in consideration the said B. D. did then and there assume upon himselfe , and faithfully promise to the said I. H. to pay unto him forty shillings of , &c. if the said gray Mare of the said I H. should win the said Race , and likewise that the said B. D. should run the said race with such weight as he should want of the weight of the said I. H. and at the finishing of the said Race the said B. D. should be weighed , and be one weight with the said I. H. And the said I. H. in fact saith , that the said I. H. and B. D. were then weighed , and that the said B. D. was found to be false weight , then the said I. H. that is to say , a stone in weight and more , and thereupon the said B. D. was charged with weight accordingly , and the said B. D. did then and there run the the said Race ; yet notwithstanding the said B D. his promise and assumption not regarding , but endeavouring & fraudulently intending the said I H. in this behalf craftily and subtilly to defraud and deceive , he the said B. D. the 20. day of May did not ride the said Race with the said bay Gelding with weight equal to the weight of the said I. H. according to the said promise , and after the Race was run and finished , the said B. D. did refuse to be weighed with the said I. H. so that the said B. D. the said I. H. herein did deceive . Whereupon he saith he is worse , and hath damage to the value of five pounds , and thereupon produceth suit , &c.

For keeping a Childe , and finding it meat , drinke , and apparrel .

Yo. ss. E. B. by Writ , &c. complains of R. E. of a plea of trespasse upon the case , &c. For that whereas ( such a day and year ) at , &c. In consideration that the said E. B. at the specal instance and request of the said R. E. would maintain and keep with competent meat , drink and clothes , and other necessaries one A. E. child of the said R. E. begotten by him of the body of the said E. B. so as the said childe should not at any time after in default of the said E. B. be chargeable to the said R. E. he the said R. E. the day and year abovesaid , at , &c. did assume upon himself , and to the said E. B. then and there faithfully promised , that he the said R. E 7 l. of lawful English money to the said E , B. when he should be thereunto requested , well and truly would pay and content . And the said E. B. in fact saith , that she the said E. B. the said A. B. from the said ( day and year ) hitherto ▪ did maintain and keep with competent meat , drink , and clothes , and other necessaries , so as the said childe from thence hither was not chargable to the said R. E. Yet notwithstanding the said R. E. his promise and assumption , &c.

For breach of Articles .

County Court ss. B. F. by Writ , &c. complains of T. F. of a plea of Trespasse upon the case , &c. For that whereas the first day of March , &c. 1650. at , &c. In consideration that the said B. F. did assume upon himselfe , and promise to T. F. thirteen pounds of , &c. which he hath , and since before the commencement of this suit paid to the said T. F. he the said T. F. did assume upon himselfe , and to the said B. F. then and there faithfully promise , that he the said T. F. would take to his Apprentice one W. F. son to the said B. F. to serve the said T. F. in the Art or Trade of a Skinner , from the said first day of March unto the ful end & term of seven years , from thence next following , and during that term . That the said T. F. should after the end of three quartes of a year next after the said first day of March , instruct , inform , and train up the said W. F. in the way of Chapmandry in buying and selling of wool at L. in the County of Y. or such other places where the said T. F. then frequented , or afterwards should frequent during the said term , and that the said T. F. should during the said term not cause or compel the said W. F. to do any servile work about the said Trade of a Skinner , and that the said T. F. should during the said terme , finde the said W. F. with Meat , Drinke , and Clothes , Linnen , Woollen , Stockins , Shooes , and all other things necessary for an Apprentice to have . And that the said Linnen , Woollen , Stockins , Shooes , and all other things necessary , should be from time to time provided and found for the said W. F. by the said T. F. as good as he the said W. F. should have at the time of his coming to the said T. F. and so to give him the like away at the end of the said term of seven years . And that the said T. F. should seal and deliver unto the said W. F. one Indenture in writing for the performance of the Covenants aforesaid , and other usual Covenants touching Apprentices in that kinde . Yet notwithstanding the said T. F. his promise and assumption aforesaid not regarding , but endeavouring and fraudulently intending the said B. F. in this part craftily and subtilly to deceive and defraud , he did not take the said W. F. to be his Apprentice to serve him the said T. F. in the Art or Trade of a Skinner , during the term abovesaid , but refused to take him to be an Apprentice , according to the Covenants aforesaid , although the said W. F. was ready and did offer to serve the said T. F. in the said Trade , according to the said covenant , neither did he the said T. F. at any time after the said three quarters of a year , instruct , inform , or train up the said W. F. in the mystery or way of Chapmandry in buying and selling of Wool at L. aforesaid , other place as the said T. F. frequented , according or in any to the Covenant aforesaid , though often requested , neither did he the said T. F. seal and deliver an Indenture in writing unto to the said W. F. for the performance of the Covenants aforesaid , and other useful Covenants touching Apprentices in that kind , although the last day of September in the year , &c. 1650. at the Castle of Y. in the County of Y. and within the liberty and jurisdiction of this Court , the said B. F. did tender unto the said T. F. an Indenture in writing to that purpose , and requested the said T. F. to deliver the same to the said W. F. whereupon the said B. F. saith he is worse and hath damage to the value of twenty pounds . And thereupon produceth suit , &c.

Vpon a promise for the loan of a Mare , which was killed in riding .

County Court . ss. P. by Writ , &c. complains against D. of a Plea , that whereas the aforesaid D. ( such a day , year , and place ) in consideration that he the said P. at the special instance and request of him the said D. would lend to him the said D. acertain Mare of his the said P. for one G D. the son of him the said D. to ride and journey upon the same Mare from the Town of L. in the County aforesaid unto B. in the County of Lancaster , did assume upon himselfe , and to him the said P. did then and there ( to wit , such a day , year , and place aforesaid ) faithfully promise , that he the said G D. the aforesaid Mare in the journey aforesaid , would in no manner overload , or in any wayes oppresse , but the same Mare when he should be thereunto required to him the said P. would safely deliver . And he the said P. in fact saith , that he trusting to the aforesaid promise and assumption of the aforesaid D. afterwards , to wit , ( the aforesaid day , year , and place ) did lend the aforesaid D. the Mare aforesaid , for the said G. D. to ride and journey upon the same Mare as aforesaid , and that the aforesaid G. D. the Mare aforesaid , in the journey aforesaid , did so farre provoke , over labour , and with such burthens over-load , that the Mare aforesaid by the over-labour , riding , and over-loading aforesaid , dyed : And so the aforesaid D. his promise and assumption aforesaid hath not performed , to the damage of him the said P. of 10 pounds . And thereupon he bringeth his suit , &c.

Vpon a promise to save harmlesse a Surety against a Bond.

Yo. ss. R. R. by vertue of a Writ , &c. complains of C. L. of an action of Trespasse upon the Case , &c. For that whereas the aforesaid C. L. ( such a day and year ) at , &c. In consideration that the aforesaid R. R. then and there at the speciall instance and request of the same C. L. would become bound and obliged to one G. W. by his certain writing obligatory in due forme of right to be made , sealed , and as his Deed , delivered , in 24 l. of lawfull , &c. yet under the condition of 12 l. 12 s. of like , &c. to the same G. W. upon the first day of May then next following , at or in the then dwelling house of the aforesaid G. W. scituate in , &c. by the aforesaid R. R. and C. L. or either of them to be made , did assume upon himselfe , and to the said R. R. then and there ( that is to say ) such a day and yeare abovesaid at L. aforesaid , to wit , in , &c. aforesaid , did faithfully promise that he the said C L. the aforesaid 12 l. and 12 s. to the said G W. upon the aforesaid first day of May , in discharge of the aforesaid writing obligatory would pay , and the said R R. from thence afterwards of , and concerning the writing obligatory aforesaid , would keep , and save harmlesse and indempnified : And the said R R. in Fact saith , that he giving credit to the promise and assumption of the said C L. aforesaid , afterwards , to wit , the same last day of O. in the yeare , &c. abovesaid , at L. &c. at the said instance and request of the same C L. together with the aforesaid C L. for the owne , meer , and proper debt of the said C L. became bound and obliged to the said G. W. by their certaine writing obligatory , in due forme of right made , sealed , and as their Deeds delivered , in the aforesaid 24 l. Yet under the condition of the payment of the aforesaid 12 l. and 12 s. to the same G W. upon the aforesaid first day of May in manner and forme aforesaid to be made ; yet the said C L. his promise , &c. not regarding , but devising , &c. to defraud the aforesaid 12 l. and 12 s. to the said G. W. upon the aforesaid first day of May , according to the forme and effect of the Condition aforesaid had not paid , or the same G W. for the same hitherto any wise contented , nor the same R. R. of and concerning the writing obligatory aforesaid hath kept and saved harmlesse and indempnified , although this to do , the same C L. afterwards , to wit ( such a day , yeare , and place ) aforesaid , by the said R R. was required ; by which , and for that that the aforesaid 12 l. and 12 s. to the said G. W , upon the aforesaid first day of May , according to the forme and effect of the Condition aforesaid were unpaid , the aforesaid G W. afterwards , to wit , ( in such a term and yeare ) in the Court of , &c. before , &c. did implead him the said R R , of and upon the aforesaid writing obligatory of the aforesaid 24 l. and that plea insomuch did prosecute that the same R R. not onely pounds of and upon the writing obligatory aforesaid to the said G W. was forced and compelled to pay , but also divers sums of money about the defence of the suit aforesaid was forced to expend and lay out , whereupon he saith that he is damnified , &c.

Trover and Conversion .

York . ss. J. B. by Writ , &c. complains of J. C. in an action of Trespasse upon the Case . For that whereas the said I B. the day , yeare , &c. at the Castle of , &c. was possessed of one gray Mare , of the price of ten pounds , as of his own ; and being thereof so possessed , the said I B. the day , yeare , &c. aforesaid , the said Mare out of his hands and possession was casually lost , which said Mare afterwards ( that is to say ) the day , year , &c. at the Castle , &c. came to the hands and possession of the said I C. sufficiently knowing the said Mare to be the Mare of the said I B. and to him of right to belong ; and devising to deceive the said I B. of the said Mare , though often thereto required , the said Mare to the said I B. hath not restored ; but the said I C. afterwards ( that is to say ) the day , year , &c. the said Mare to his owne use and profit converted and disposed , to the great losse of the said I B. By reason whereof he saith he is damnified 20 l. And therefore commenceth this suit , &c.

Detinue .

Yo. ss. T. V. by vertue of a Writ , &c. by E B. his Attorney complains of R M. upon a plea , that he render unto him goods and chattels to the value of 20 l. of , &c. which he unjustly detaineth from him , &c. For that whereas the said T V. the day , year , &c. at the Castle , &c. did deliver to the said R. M. one Cow , colour black , of the value of 5 l. one gray Nag of the value of 10 l. and 14 yards of French green broad Cloath , of the value of 5 l. to be safely kept , and to the said T V. where he the said R M. should be thereunto requested to be delivered . Yet notwithstanding the said R M. although thereunto requested , the goods and chattels aforesaid to the said T V. as yet hath not redelivered , but the same to redeliver hitherto hath contradicted , and as yet doth contradict , and unjustly detains , whereupon the said T V. saith he is worse , and hath damage to the value of 30 l. And thereupon produceth suit , &c.

Trespasse .
For breaking downe the Plaintiffs Stall , being set up in the Market .

County Court . ss. A. O. complains of W. C. of a Plea of Trespasse . That the aforesaid W. C. the day , year , &c. at S. in the County aforesaid , and within the liberty and jurisdiction of this Court , made an assault upon him the said A. O. and his close and house , ( that is to say ) one stall there in the Market set up , broke and entered , and his wares ( that is to say ) drest leather , to the value of 5 l. put upon his stall aforesaid , displaced , cut downe , and spoyled , and other enormious things to him did , to the great damage of the said A O. whereupon he saith , that he is the worse , and hath damage to the value of ten pounds ; And thereupon he brings his suit , &c.

For breaking the Plaintiffs Close , &c.

Yo. ss. I. A. complains of T. S. of a plea of Trespasse , &c. For that the said T. S. the day , yeare , &c. a Close of the said I. A. called C. at S. in the County , &c. broke and entred , and the grasse of the said I. A. then and there , being of the value of ten shillings , with certain goods and chattels ( that is to say ) with Kine , Oxen , Steers , Horses , Nags , Mares , Hogs , and Sheep , did depasture , eate up , tread under foot , consume and spoyl , continuing the said Trespass from the said day , yeare , &c. aforesaid , during the time of one whole moneth then next following , at diverse dayes and times , and other harmes to him did to the great losse of the said I. A. by reason whereof he saith he is damnified 39 s. And therefore commenceth this suit , &c.

For a Dog biting of a Mare so that shee dyed .

Yo. ss. H. S. complains of W. P. in an action of Trespasse , for that whereas the said W. P. the day , year , &c. at , &c. one Mare of the said H S. of the price of 10 l then and there being found did beat , wound and chase , and also with a Dog did bite ; so that by reason of the beating , chasing , wounding , bruising , and biting of the said Mare , the said Mare then and there dyed : And other harms to him did to the great damage of , &c.

For chasing of Hogs with Dogs , &c.

Yo. ss. A. B. complains of C. D. of a plea of Trespasse , wherefore he did chase two hogs of him the said A. B. at M. sound with certain Dogs , insomuch by setting on those Dogs , to bite the Hogs aforesaid : That by that chasing and biting of the Dogs aforesaid , the aforesaid Hogs of the price of 40 s. dyed ; And other enormities , &c.

For pasturing sheep in a rotten pasture , by reason whereof they dyed .

Yo. ss. A. B. complains of C D. of a plea of trespass . Wherefore the Close of him the said A B. at L. did break , and his 260. sheep of the price of 40 l. there lately found did take , and did chase them into a certain corrupt pasture within the Village aforesaid , out of malice , detaining those sheep so long upon the pasture aforesaid , that those sheep by corruptnesse of that pasture becoming rotten and infected , dyed ; and other enormities , &c.

For digging and plowing the Plaintiffs ground , and taking away his Corne.

Yo. ss. T. S. complains of G G. in an action of trespass ; For that whereas the said G G. the day , year , &c. at , &c. the Close of the said T S. being one acre of arable land lying in B. broke and entred , and the soyl of the said close with his plow did dig and rip up . And afterwards , that is to say , the day , year , &c. aforesaid at B. aforesaid , and within the Jurisdiction aforesaid , for that the said G G. the aforesaid Close of the said T S. broke and entred , and his corne , ( that is to say ) two wain loads of Oates , there lately cut down of the value of 30 s. of his the said T. S. took and carried away . And other enormious things to him did do , &c.

For taking away a post .

Yo. ss. A. B. complaines of C. D. of a Plea of Trespasse , &c. wherefore he did break the Close of the said A B. at F. and did take and carry away a certain new post of him the said A B. there in the soyle put and fastned to the value of 30 s. and other enormities , &c.

For eating the grasse , cutting the hedges , and assaulting the Plaintiff .

Yo. ss. A. B. by , &c. complains against C. D. of a plea of Trespasse , &c. For that whereas the said C D. the 10. day of May , in the yeare , &c. at the Castle , &c. in the County aforesaid , and within the liberty and jurisdiction of this Court , the Close of the said A B. at S. broke and entered , and his grass to the value of 30 s. there lately growing , with certain Cattle , did eat , tread down and consume , and his other grasse to the value of 6 s. there late growing , with his feet in walking , did tread down and consume , and also upon the said A. B. then and there made an assault , and him did beat , wound and evill intreat , so that he despaired of life ; and also his hedges there did cast down , and other enormities , &c. to the great damage of the said A B. of 39 s. 11d . And thereupon he produceth this action , &c.

Trespasse and Assault .

Yo. ss. I. H. complains of I. S. in an action of Trespasse and Assault , &c. For that the said I. S. the day , yeare , &c. at the Castle , &c. made and assault and a fray upon the said I. H. and did then and there beat , wound , and evill intreat him , so that it was despaired of his life , and other harms to him did to the great losse of the said I. H. By reason of which he saith he is damnified 30 s. And therefore he commenceth this suit .

Assault upon one at under-age .

Yo. ss. W. E. by A. S. his Guardian , and next friend , by favour of this Court , is admitted to prosecute for the said W. E. because he is within the age of 21 yeares , by vertue of a Writ of Iusticies by T W. his Attorney complains of T C. in an action of Trespasst and Assault , &c. For that the said T C. the day , yeare , &c. in and upon the said W. E. an Assault and Affray did make , &c. as in the other .

Vpon a Replevin .

County Court . ss , A. B. complaineth of T. L. in a Plea wherefore he took the goods of the said A B. and them did unjustly detain , contrary to sureties and safe pledges , &c. For that whereas the aforesaid T L. the day , year , &c. at S. in a place there called R. in the County , &c. took of the goods of the said A B. that is to say , seven Kine of the price of 30 l. And the same did unjustly detain against the sureties and safe pledges , &c. whereupon the said A B. saith he is worse , and hath damage to the value of 39 s. And therefore he hath brought this suit , &c.

Pleadings .
He owes him nothing .

County Court ss. ANd the said I A. comes and defends the force and injury when , &c. and saith that the said I G. ought not to have his said action against him , because he saith , that he the said I A. owes nothing to the said I. G. in manner and form as the said I G. hath declared against the said I A. and for that he puts himselfe upon the Country , &c.

He made no such promise .

ANd the said H. B. comes and defends the sorce and wrong when , &c. and saith that he did not assume and promise to the aforesaid T R. in manner and form as the aforesaid T R. against him complaineth : And of this he putteth himselfe upon the Country .

Replication .

Yo. ss. ANd the said T R. saith that he by any thing before alleadged from his Action aforesaid , ought not to be debarred ; for that he saith that the aforesaid H. B. did assume upon himselfe , and promise in manner and forme , as by the Declaration aforesaid is alleadged and set forth : And this he prayes may be enquired by the Countrey , and the said W. B. likewise , therefore , &c.

He made no such promise within six years .

York ss. ANd the said W. B. comes and defends the injury when , &c. and saith that the said W. B. did not within the space of six years before the commencement of this suit assume upon himselfe , or promise to pay to the said T B. the sum of 30 s. in manner and forme , as the said T B. above against him the said W B. doth complain , and upon this he putteth himselfe upon the Countrey , &c.

Never Executor .

Yo. ss. ANd the aforesaid E. H. comes and defends the force and injury when , &c. and saith that the aforesaid T C. ought not to have his action against him , because he saith that he never was the Executor of the last Will and Testament of the aforesaid R H. neither did administer of any of the goods or chattels which were of the said R H. at the time of his death , as Executor of the last Will and Testament of the aforesaid R H. after the death of the said R H. and this the said E H. is ready to verifie ; whereupon he demandeth Judgement , whether the said T. C. ought to have or maintain the said action against him , &c.

Fully Administred .

Yo. ss. ANd the aforesaid M A. comes and defends the injury and wrong when , &c. and saith that the aforesaid A B. his action aforesaid ought not to have against him , because he saith he hath fully administred of the goods and chattels of the aforesaid T A. at the time of his death , and he no other goods nor chattels hath of the aforesaid T A. at the time of his death to be administred , nor had at the time of the entry of this plaint of the said A B. nor at any time after ; and this he is ready to aver , wherefore he prayeth Judgement , whether the aforesaid A B. his action aforesaid against him ought to have , &c.

Replication .

Yo. ss. ANd the said A B. saith , that he by any thing before alleadged from his action aforesaid , ought not to be debarred , because he saith that the aforesaid M A. the day of the commencement of this suit , ( to wit ) the day , yeare , &c. at the Castle aforesaid : and within the jurisdiction aforesaid , had diverse goods and chattels which were the aforesaid T A. at the time of his death , and afterwards in his hands to be administred to the value of the debt aforesaid , wherefore the debt aforesaid to the said A B. ought to be satisfied ; and this he requires may be enquired of by the Countrey , &c. and the said M A. likewise , &c.

Not guilty .

ANd the said G. W. comes and defends the wrong and injury when , &c. and saith , that he is not guilty of the Trespasse aforesaid , as the said J C. hath complained against him : and of this he putteth himselfe upon the Countrey , &c.

Bar by within-age .

ANd the said H C. comes and defends the injury when , &c. and saith , that the said W B. his action aforesaid against him ought not to have ; for he saith that he at the time of the aforesaid writing obligatory , was within the age of one and twenty years ; And this he is ready to verifie , whereupon he demandeth judgement , if the said W B. his action aforesaid against him ought to have , &c.

Payment upon a Bill , and a Release produced .

Y. ss. ANd the said I. S. comes and defends the injury when , &c. and saith that the said I W. ought not to have his action aforesaid against him the said I. S. for he saith , that the said I W. after the making of the said Bill , and the commencement of this suit ( that is to say ) the day , year , &c at the Castle , &c. the said I W. did acknowledge and confesse himself to be fully satisfied and content of the said sum of 5 l in the said Bill mentioned , and thereupon did acquit and release him the said I S. of and from all actions which the said I W. might have against him the aforesaid I S. by reason of the making of the aforesaid Bill , and this he is ready to verifie , whereupon he prayeth judgement , if the said I W. ought to have his action aforesaid against him , &c.

Free-hlod .

ANd the said H S. comes and defends the sorce and injury when , &c. and saith that the said W B. his action aforesaid against him ought not to have or maintain , because he saith that the Close aforesaid called T. at F. in the Declaration above mentioned , in which the Trespasse aforesaid is supposed to be done , is , and at the time of the said trespasse supposed to be done is , and was the onely sole free Tenement or Free-hold of the said H S. By reason whereof the said H S. did break , and enter into the said Close called T. and the corn and grasse there growing and being , with his feet did tread down and consume , and other corne , grasse and hay being in the said Close , with his horses , mares , oxen and kine did eate , tread down , and consume , continuing the said trespasse as in the Declaration is above specified , as was lawfull and well pleased him so to do : and this he is ready to verifie and prove ; whereupon he requires Judgement , if the said W R. his Action aforesaid against him ought to have , &c.

No action to cause one to render an account , will lie in this Court .

Yo. ss. ANd the said G F. in proper person comes and saith , that the said C B. his said Action against the said G F. in this Court ought not to have or maintain ; for that the said C. B. in an Action to render an account &c. wherefore the said G F. demandeth Judgement , whether this Court will take cognizance of the said Action , &c.

In arrest of Judgement .

Yo. ss. AND the aforesaid R. M. saith , that the verdict aforesaid given against him , of the part of the said M S. ought not to stand or proceed , because he saith that the Declaration aforesaid , and the matter therein contained , is not sufficient in Law to give and maintain the aforesaid Action against him , by which he requires Judgement : And that the aforesaid Plaint and verdict to be quashed and accounted nothing , and that the aforesaid Plaintiffe may receive nothing by his Plaint and Verdict aforesaid , &c.

Conditions performed .

Yo. ss. AND the said W. G. cometh and defendeth the force and wrong when , &c. and desires to heare the said writing , and it is read to him , &c. he desires also to heare the Condition of the said writing , and it is read to him in these words , ( that is to say ) The Condition of this Obligation , &c. ( recite the Condition ) which being read and heard , the said W. G. saith , that the said C G. his Action aforesaid against him ought not to have , because he saith , that the Articles in the Condition aforesaid above-mentioned , were made at Y. aforesaid , in , &c. day , year , &c. aforesaid , between the said C G. by the name of C G. of A. in the said County , Gent. on the one party , and the said W G. by the name of W G. of the same Town & County , Yeoman , on the other party , whose other part signed with the Seal of the said C G. the said W G. doth bring here in Court , whose date is the same day and year , first , &c. ( recite all the Articles throughout ) and the said W G. doth say , that he hath performed and kept all and singular the Covenants , Grants , Articles , Clauses , Sentences and Agreements whatsoever in the said Articles specified , on his part to be observed , performed , fulfilled and kept , according to the form and effect of those Articles : and this he is ready to maintain , whereupon he prayes Judgements , if the said C G. his action aforesaid against him ought to have , &c.

Replication .

Yo. ss. ANd the said C G. saith , that he , by any thing before aledged , ought not to be debarred from having his said action against the said W G. because protesting that he the said W. G. hath not performed or kept any covenants , grants , articles , clauses , sentences , or agreements in the said articles specified , on his part to be performed or kept , as the said W. G. above by pleading hath alledged ; for plea the said C G. saith , that the said W G. did not , &c. ( recite the breach ) according to the form and effect of the same Articles : and this he is ready to verifie , whereupon he prayeth Judgment , and his debt aforesaid , together with his damages , by occasion of detaining that debt , to him to be adjudged , &c.

Rejoynder .

Yo. ss. ANd the said W G. saith , that he did ( recite here that he did perform the breach the Plaintiff assigned ) according to the form and effect of the said Articles : and of this he puts himselfe upon the Countrey , and the said C G. likewise , &c.

Detain he doth not .

ANd the said R. S. comes and defends the force and wrong when , &c. and saith he doth not detain from the said R. L. the chattels aforesaid , nor any parcel thereof , in manner as the said R. L. hath above declared against him : and of this he putteth himselfe upon the Countrey , &c.

Bar by a generall acquittance .

Yo. ss. WHen , &c. his action ought not to have , &c. because he saith , that after the making of the Writing aforesaid ( that is to say ) the day , yeare , &c. the Plaintiff by his certain bill of acquittance , which the said Defendant signed with the seal of the said Plaintiff , here in Court produceth , the date whereof is the same day and year he acquitted and discharged him the said Defendant , by name of , &c. of all actions , plaints , demands , debts , accompts , and debares for plaint , and in his executed and assigned , from the beginning of the World until the day of the date of the said Bill : and this , &c. if Judgement , &c.

Replication .

Yo. ss. THe Plaintiff saith that he ought not to be barred , &c. because he saith , that the aforesaid Bill of acquittance is not his deed : and this he prayeth , &c.

Justification of scandalous Words .

ANd , &c. when , &c. and saith that the said G L. his action aforesaid against him ought not to have , for that he saith , that before the speaking of the pretended scandalous words in the said declaration mentioned , ( that is to say ) the day , year , &c. at &c the said G L. one Wether-sheep to the value of 10 s of , &c. of the goods and chattels of the said H. A. in the said Declaration mentioned , then and there being sound , feloniously did steal , take and carry away , contrary to the publick peace : By reason whereof the said P. G. afterwards ( that is to say ) the said day , year , &c. at , &c. the pretended scandalous words in the said Declaration mentioned , did say , affirm and declare to the said G. L. ( that is to say ) thou ( meaning the said G. L. ) art a Thiefe , and stole H. A.'s Sheep : and this he is ready to verifie , whereupon he demandeth Judgement , if the said G L. his action aforesaid against him ought to have , &c.

Tender of amends in Replevin .

County Court ss. AND the said H. saith , &c. the just taking of , &c. ought not to avow , because he saith , that after the aforesaid time of the taking of the Cattel aforesaid in the aforesaid place , in which , &c. und before the day of the issuing forth of the precept of Replevin , of him the said H. ( that is to say ) the day , year , &c. aforesaid , at W. aforesaid , he the said H. offered 12 d. to pay the said W. and I. to the use of the said W. for the damage of the said W. which he sustained by occasion of the trespass aforesaid , which the cattel aforesaid , in the aforesaid two acres of Land made , which said 12 d. were sufficient amends for the trespass aforesaid , which the cattel aforesaid in the said two acres of Land made ; which said 12 d. the aforesaid W. and I. then and there wholly refused to receive of the said H. and this , &c.

Part of the debt paid , The residue tendred before Suit , and refused .

Yo. ss. ANd , &c. when , &c. and saith , that the aforesaid I. G. ought not to have or maintain his said action against him : because he saith , that the said I. A. the day , year , &c. before the beginning of this action , well and faithfully paid to the said I. G. 20 s. part of the above mentioned debt , in the said Declaration specified ( that is to say ) at B. aforesaid , and within the jurisdiction of this Court : And as to the five shillings six pence the residue of the debt , in the said Declaration specified , the said I. A. further saith , that he afterwards , that is to say , the day , year , &c. abovesaid before the commencement of this action , at B. aforesaid tendred to the said I. G. the said five shillings six pence , which said five shillings six pence the said I. G. then and there refused to accept of : and this the said I. A. is ready to prove , and demands Judgment of the Court ; if the said I. A. ought to have his said action against him , &c.

Replication .

Yo. ss. ANd the said I. G. as to the plea of the said I. A. as to the said 20 s. parcel of the debt aforesaid , saith , that he by any thing before alledged , ought not to be barred from having his said action against 1 Pact . non sol . him , for he saith , that the said I. A. did not pay the said twenty shillings to the said I. G. as the said I. A. above hath alledged : and this he prayes may be inquired of by the Countrey , and the said I. A. likewise , &c.

2 Morat in lege . And as the said plea of the said I. A , as to the said 5 s. 6 d. residue of the said Debt , and the said I. G. saith that the same plea of the said I. A. in manner and aforesaid pleaded , and the matter therein contained is insufficient in the Law , to bar the said I. G. from having his said action against the said I. A. and that he to the plea aforesaid , in manner and form aforesaid pleaded , needeth not , nor is bound by the Law of the Land to answer : whereupon for want of a sufficient plea in this behalf , the said I. G. prayeth Judgment , and the said 5 s. 6 d. residue of his debt aforesaid together with his damages , by reason of the detaining of that debt to him to be adjudged , &c.

Not his Deed.

ANd , &c. when , &c. And saith , that he ought not to be charged with the said debt , by vertue of the writing aforesaid ; because he saith , that the said writing is not his Deed. And of this he putteth himselfe upon the Countrey , And the said A. likewise , &c.

By threats .

ANd , &c. when , &c. And saith , that the said A. ought not to have his said action against him , because he saith , that the said A. at the time of the making of the said writing , at N. aforesaid did impose upon the said B. such & so great threats of his life , & may ming of his body to be inflicted on him , unless he would make and seal unto the said A. the said writing ; that he the said B. did then and there make unto the said A. the said writing , for feare of those threats . And this he is ready to aver , whereupon he prayeth judgment , if the said A. ought to have his said action against him ; &c.

Replication .

Yo. ss. ANd the said A. saith , he by any thing before alledged , ought not to be barred from having his said action , because he saith that the said B. at the time of the making of the said writing aforesaid , was of his own power at large : And did make to the said A. the said writing , of his meer and voluntary will , and not for fear of threats , as the said B. hath above alledged . And he prayeth , that this may be inquired of by the Countrey . And the said B. likewise , &c.

By hardnesse of imprisonment .

Yo. ss. ANd , &c. when , &c. And saith , &c. because he saith , that at the time of making of the said writing he was imprisoned by the said A. and other of his Covin , that is to say at N. aforesaid , and there in prison detained until the same B. by force and hardnesse of that imprisonment , had then and there made to the said A. the said writing . And this he is ready to aver , whereupon he prayeth Judgment , &c.

Replication .

Yo. ss. ANd the said A. saith , that he , &c. because he saith , that the said B. at the time of making of the said writing , was of his own right at large , and out of prison , and did of his meer and voluntary will make to the said A. the said writing , and not by force and hardnesse of imprisonment , as the said B. above hath alledged . And this he prayeth may be inquired of by the Countrey ; And the said B. likewise , &c.

The Assault made by the Plaintiff , &c.

York . ss. Son . assault de mesn . ANd , &c. when , &c. And as to the Trespasse and Assault aforesaid above supposed to be done , the said I. R. saith , that the said R. W. his action aforesaid against him ought not to have , because he saith , that the aforesaid R. W. the day , year , &c. aforesaid upon him the said I. R. at the Castle , &c. did make an Assault , and him would have beaten , wounded , and evil intreated , by which the said I. R. himselfe against the aforesaid R. W. did then and there defend : And saith , that if any evil to the said R. W. then and there happened , was of the proper assault of him the said R. W. And in defence of him the said I. R. And this he is ready to verifie , whereupon he prayeth Judgement , if the aforesaid R. W. his action aforesaid , against him ought to have , &c.

Replication .

Yo. ss. ANd the foresaid R. W saith , that he by any thing before alledged , from having his action aforesaid , ought not to be debarred , because he saith , that the foresaid I. R. the day , yeare , &c. abovesaid , at , &c. in his Declaration aforesaid above specified , of his own proper injury , and without such cause by the said R. W. above alledged upon him the said R. W. did make an assault , and him did beat , wound , and evil intreat , so that of his life he did despair , against the peace of the Lord Protector that now is , as the said R. W. above against him hath complained : And this he prayeth may be inquired of by the Countrey , And the said I. R. likewise , Therefore , &c.

The Defendant pleadeth , the Plaintiff within age , to bring his action : and should have brought it by Guardian , and not by Attorney .

ANd , &c. when &c. And sayes , that the foresaid I. R. ought not to have his action aforesaid against him , because he sayes , that the foresaid I. R. the day and year in the Declaration specified ( to wit ) the day , year , &c. the day of the issuing forth of the Writ of Justicies of him the said I. R. that is to say , the day , year , &c. was within the age of one and twenty years , And that the foresaid I. R. declared against him the said P. C. in the Plaint aforesaid by his Attorney , whereas by the due form of Law , he ought to have declared by his Guardian : And this he is ready to aver , whereupon he prayes Judgement , whether the aforesaid I. R. ought to have his action aforesaid against him , &c.

To a Trespasse in Walking , Not guilty : and as to the residue of Trespasse , tender of amends .

Yo. ss. ANd , &c. when , &c. and saith , that as to the breaking of the close aforesaid , as also to the treading down and consuming of the Corn , and grasse aforesaid with his feet , in walking in the same four acres of land aforesaid , of new assigned , above supposed to be done , saith , that he is in no wise thereof guilty , &c. and of this he putteth himself upon the Countrey , and the Plaintiff likewise .. And as to the residue of the trespasse aforesaid , in the same four acres of Land , of new assigned above supposed to be done , the same A. saith , that the same B. his action aforesaid ought not to have , because he saith , that the residue of the trespass aforesaid in the same four acres of Land , of new assigned , above supposed to be done , was done with the cattle aforesaid , by negligence , and against the will of the same A. and that the same A. afterwards and before the day of commencing of this action of the same B. to wit , the 16 day of May in the year , &c. at the same parish of R. in the said County of Y. offered to the same B. 20 s. of lawfull money of England , for and in satisfaction for the residue of the trespasse aforesaid , so as aforesaid done ; which said 20 s. were sufficient amends for the same residue of the trespasse aforesaid , in the same four acres of Land , with the appurtenances , of new assigned , as beforesaid done ▪ and that the same B. the said 20 s. as aforesaid offered , to receive of the same A. then and there altogether refused , and as yet doth refuse , and this he is ready to verifie ; And &c.

Replication .

Yo. ss. ANd the same B. as to the same plea of the said A. as to the said residue of the trespasse aforesaid in the same four acres of land , with the appurtenances , of new assigned done , saith , that he by any thing in the same plea before alledged ought not to be barred from having his action aforesaid against him , &c. because he protesteth that the aforesaid residue of the trespasse aforesaid , in the same four acres of land with the appurtenances , of new assigned , was not done with the cattel aforesaid , by the negligence and against the will of the same A. protesting also , that the said 20 s. in satisfaction for the trespasse aforesaid were not offered before the same day of commencing the suit of the said B. as the same A. hath above alledged for plea : the same B. saith , that the same 20 s. were offered by the same A. to the said B. for a certain trespasse by the same A. with his cattle aforesaid to the same B. in a certain other Close of land , with the appurtenances called the S. of the same B. in the Parish of R. aforesaid , in the County aforesaid done , without that that the same A. offered to the same B. the said 20 s. for and in the satisfaction of the foresaid residue of the trespass aforesaid , in the same 4 acres of land , of new assigned , done , as the same A. hath above alledged : and this he is ready to verifie : whereupon for that the same A. the said residue of the trespass aforesaid , in the same four acres of Land with the appurtenances aforesaid , of new assigned , done , above acknowledgeth : the same B. prayeth judgment , and his damages by occasion of the residue of the trespass aforesaid , to him to be adjudged , &c.

Rejoynder .

Yo. ss. ANd the same A. as before saith , that he offered to the same B. the said 20 s. for and in satisfaction of the said residue of the trespasse aforesaid , in the same four acres of Land , with the appurtenances of new assigned , done , as he hath above alledged : And of this he putteth himselfe upon the Countrey , and the same B. likewise . Therefore , &c.

Misnomer in Baptism pleaded in Abatement of the Writ of Justicies .

Yo. ss. ANd the said A. by Simon Don his Attorney , comes and prayes Judgement of the Writ of Justicies aforesaid , because he saith , that the name of Baptism of the said Agnes , in the Writ aforesaid named is Anna , and not Agnes , as the said B. hath above declared , and this he is ready to verifie , whereupon he prayes Judgement of the said Writ of Justicies , and that the said Writ of Justicies be quashed , &c.

Plea in Abatement for that the Plaintiff hath one name in the Writ , and another in the Declaration .

Yo. ss. ANd the said A. by I. R. his Attorney , comes and prayes Judgment of the Writ of Justicies aforesaid , because he saith , that he is the same person against whom the said B hath brought his Writ aforesaid , by the name of B. D. otherwise E. Yeoman , and that the said B. is named John otherwise Henry , and by the same name of B. D. otherwise E. the day of obtaining of the Writ of Iusticies of the said B. and alwayes afterterwards hitherto he hath been known and called , and by the same name of B. D. otherwise against the said A. in his Declaration aforesaid now hath declared , without that , that the said B. is named or called Iohn otherwise Henry , or by the same name of B. D. otherwise E. hath been at any time known or called , and this he is ready to verifie , whereupon he prayes Judgment of the writ of Iusticies aforesaid , &c.

The Defendant justifies , for horse-meat not satisfied , in answer to a Declaration in Trover for the same horse .

Yo. ss. ANd the said A. saith , that he the same time in which the said horse in the Declaration aforesaid specified , is supposed to come to his hands , and by two years then next elapsed , and ever afterwards , and yet is a common Inn-keeper , and holdeth a certain Inn called the George in the Parish and Town of Harwood in he said County of Y. and that one C. D. the twelfth day of August in the year aforesaid , at the Parish and Town of the said H. came to the Common Inne of the said A. bringing with him the said horse into the said Inne , which said horse the said C. D. the same twelfth day of August abovesaid untill the twenty fourth day of Iune in the year , &c. abovesaid in the Inne of the said A. remained at meat , and that the said meat of the said A. eaten and consumed within the same Inne by the same horse between the said 12. day of August in the said year of , &c. and the said 24. day of Iune in the yeare aforesaid was worth eight pounds ten shillings of lawfull money of England . And that no person within that time paid the said A. for the said meat , neither compounded nor agreed with the said A. for the same , whereupon certain L M. NO and others lawfull and honest persons the neighbors of the said A. and inhabiting and remaining within the said parish of H. in the County aforesaid , at the request of the said A. afterwards , to wit , the 24. day of Iune abovesaid , at the said Town and Parish of H. reasonably appraised the said horse at six pounds ten shillings , and no more ; whereupon the said A. afterwards , to wit , the said 24. day of Iune in the year abovesaid , at the aforesaid Town and Parish of H. retained that horse in his hands , towards the satisfaction of the said A. for his meat aforesaid then and there did convert and dispose , as it was lawfull for him to do with it , without that , that the said horse came to the hands of the said A. in the aforesaid County of L. or any other place without the said Town and Parish of H. in the said County of Y. as the said C D. above against him complaineth , and this he is ready to verifie , whereupon he prayeth Judgment if the Plaintiff his Action , &c.

The Defendant pleads leave and liberty granted to him by the Plaintiff , to enter and feed his Cattel .

Yo. ss. ANd the said A. as to the aforesaid Trespasse , as to the breaking of the Close aforesaid , and the eating , &c. with his cattel , &c. and the treading , &c. with his feet , above supposed to be done , saith , that the same B. before the same time in which , &c. to wit , the 22. day of May in the year , &c. at Skipton aforesaid , in the County aforesaid , and within the liberty and jurisdiction of this Court , gave liberty to the said A. into the tenements aforesaid , with the appurtenances ( of new assigned ) to enter , and put in his Cattel aforesaid , the grasse in the tenements aforesaid , with the appurtenances ( of new assigned ) then there growing to eat up : By vertue of which said liberty , the same Defendant the same time in which , &c. into the tenements aforesaid , with the appurtenances in which , &c. entered , and his Cattel aforesaid , to eat the grasse there put . And the same Cattle the same time in which , &c. by vertue of the liberty aforesaid , the grasse aforesaid , in the tenements aforesaid , with the appurtenances , did eat , tread down , and consume : which said breaking of the Close aforesaid , and eating , treading down , and consuming of the grasse aforesaid , with the Cattel aforesaid , in the tenements aforesaid , with the appurtenances above newly assigned , and the treading and consuming of the other grasse aforesaid in the same tenements with the feet walking , by vertue of the liberty aforesaid , and for the cause aforesaid , in form as aforesaid done , is the same breaking of the Close , &c. And this , &c.

The Plaintiff replies , de injuria propria , and traverseth the liberty . And the Desendant justifies he gave the liberty , and issue thereupon .

The Defendant justifies ( in Replevin ) the taking of the Cattel for Rent in arrear .

Yo. ss. ANd the said A B. by S D. his Attorney , cometh and defendeth the force and injury when , &c. and doth well avouch the taking of the said Cattel , in the said place in which , &c. And justly , &c. because he saith , that the said place in which , &c. is , and from the time of the said taking , and before was four acres of Land in M. aforesaid , and saith that long before the time of the said taking , before supposed to be done , and at the same time the said A B. was seized in his Demesne as of fee , of one Messuage , one Garden , and four acres of Land , and one acre of Wood with the appurtenances in M. aforesaid , whereof the said place in which , &c. is , And at the said time in which , &c. was parcel , and so being thereof seized , that same Messuage , Garden , Land , and Wood , with the appurtenances , long before the time of the taking aforesaid , that is to say , at the Feast of the annunciation of our blessed Virgin Mary in the year , &c. at M. aforesaid , demised unto the aforesaid C D. to have to him from the same Feast , as long as it should please him the said A B. yielding therefore yearly unto the said A B. as long as the said C D. should have and ocupy the said Messuage , Garden , Land , and Wood 30 s. at the Feast of St. Michael the Archangel , and the annunciation of our blessed Virgin Mary , by equal portions yearly to be paid , by vertue of which demise , the said C. D. the said Messuage , Garden , Land and Wood , with the appurtenances from the said Feast of the Annunciation of , &c. until the Feast of the Annunciation of , &c. next before the time of the taking aforesaid , had and occupied , and for that , that 30 s. of the said Lease , by the said time unto him the said A. B. at the time of the said computation , remained in arrear , and as yet remaineth unpaid , doth well avouch the taking of the said Cattel , in the said place in which , &c. and justly , &c. And this he is ready to prove , whereupon he prayeth judgment , and the return of the said Cattel to be adjudged unto him , &c.

The Defendant saith , that the Goods were taken as a pawn or pledge for money lent .

Yo. ss. ANd the aforesaid A. B. by , &c. comes and defends the force and injury when , &c. And as to the breaking the Close , &c. he is in nothing thereof guilty : and as to the residue of the trespasse aforesaid , supposed to be done , the same A. B. saies , the aforesaid C. D. ought not to have his action , &c. because he saith , that the same C D. long before the said time wherein , &c. was indebted unto him the said A. B. in 22 s. for divers sums of money by him the said C. D. of the aforesaid A. B. formerly borrowed : And afterwards and long before the said time , the same C. D. by one E. his wife , delivered to the aforesaid A. B. the aforesaid goods and chattels , as a pawn for the aforesaid 22 s. to be held unto him the said A. B. in pledge until the said C. D. to the aforesaid A. B. the same 22 s. had paid : And the same A. B. in fact saith , that the aforesaid C. D. hath not as yet paid to him the said A. B. the aforesaid 22 s. which is the same Trespasse , and taking and carrying away the aforesaid goods and chattels , whereof the aforesaid C. D. above now complains . And this , &c. whereupon , &c.

Replication , that he tooke them Injuria sua propria without such a cause .

Yo. ss. ANd the said C. D. sayes , that he , by any thing before alledged , ought not to be debarred from having his action aforesaid , because he saith , that the aforesaid A. B. as of his proper injury , and without such a cause above by him the said A. B. alledged the day and year aforesaid , the aforesaid goods and chattels at R. in the said County of Y. found , he took , and carried away , as the same C. D. by his Declaration aforesaid above supposeth : And this he prayeth may be inquired of by the Countrey : And the aforesaid A. B. in like manner . Therefore , &c.

Concord in Assault and Battery .

Y. ss. ANd the aforesaid A. B. in his proper person coms , and defends the sorce and injury , when , &c. And saith that as to the Trespasse aforesaid above supposed to be done , the same A. B. sayes , that the aforesaid C. D. ought not to have his action aforesaid against him , because he saith , that long after the Trespasse aforesaid was supposed to be made , to wit , the eighth day of July in the year , &c. aforesaid , at S. aforesaid in the County aforesaid , and within the liberty and jurisdiction of this Court , the same A. B. and C. D. by the mediation of E. F. and G. H. their friends and acquaintance , in a friendly manner comming between them , in such manner it was agreed together between them , that is to say , that the aforesaid A. B. should pay to the aforesaid C. D. in amends , and for satisfaction of that Trespasse five shillings of lawfull money of England , which the said A. B. the said five shillings of , &c. to the aforesaid C. D. then and there paid , according to the force , form , and effect of the concord aforesaid : And this , &c. whereupon he prayes Judgement , &c.

Replication , No such Concord or Agreement made .

Yo. ss. ANd the aforesaid C. D. sayes , that he by any thing prealledged ought not to be debarred from having his action aforesaid ; because he saith , that there was never any such concord or agreement had between them the said C D. and A B. in manner and form as the said A B. hath above alledged by pleading . And this he prayes may be inquired of by the Countrey , and the aforesaid A B. in like manner , &c.

The Defendant saith , that as to the taking of the Oxe , that he tooke it by the name of an Heriot .

County Court . ss. ANd the said C D. by &c. cometh and defendeth the force and wrong when . &c. And as to the taking of the said Oxe , the said C D. doth well avow the taking of the said Oxe in the said place , in which , &c. and justly , &c. because he saith , that long before the taking of the said Oxe before supposed , one I G. was seized of one Messuage with the appurtenances in W. aforesaid , in his Demesne , as of see , and so seized held the same of the said C D. by fealty , and the rent of 12 d. unto him the said C D. every year , at the feasts of the Annunciation of the blessed Virgin Mary , &c. & of S. Michael the Archangel , to be paid by equall portions , and also by Services , that every tenant of the said Messuage , with the appurtenances thereof , seized in his Demesne as ofsee , or in use , from the time of which contrary , &c. he ought and had accustomed to render unto the said C D. and his heirs , the best animal living of the same tenant of the said Messuage with the appurtenances so thereof dying seised in his Demesne , as of see , or in use , by the name of Heriot , of which services the said C D. was seized by the hands of the said I G. as by the hands of his true tenant , that is to say , of the said Fealty , as ofsee , and right , and of the said Rent in his Demesne as of see . And afterward the said I G. died of the said Messuage with the appurtenances seized in his Demesne as ofsee . And because the said Oxe was the proper Oxe of the said I G. at the time of his Death , the said C D. that Oxe as the best animal which was of the said I G. at the time of his death , by the name of a Heriot he took , and justly , &c.

Justification in Trespasse for want of reparation of the hedges by the Plaintiffe .

Yo. ss. ANd the said A and B. by I R. their Attorney come and desend their force and injury , where , &c. And as to the breaking of the Close aforesaid , and the eating up , treading down , and consuming the grasse aforesaid , the same A and B. say , that the aforesaid D. ought not to have his action aforesaid against them , because they say , that at the time of the Trespasse aforesaid supposed to be made , were , and are seized of a certain Close of Pasture near adjoyning to the said Close of the aforesaid D. in which the grasse aforesaid , in S. aforesaid in their Demesne as ofsee . Between which said Closes there is a certain hedge separating each from other the aforesaid Closes : which said hedge the aforesaid D. and all they whose estate the same D. hath in the Close aforesaid , from time out of minde were accustomed to make , repaire , and sustain ; and say , that that hedge for want of reparation and sustaining of the same , was at the time of the Trespasse aforesaid supposed to be made broken down , and laid prostrate to the ground , and that the Cattel of the said A. and B. in their Close aforesaid put to depasture into the said Close of the aforesaid D. by the breach and decay of the said hedge did enter against the will of them the said A. and B. and the grasse aforesaid did eat up , tread down , and consume , the same A. and B. their Cattle aforesaid freshly pursuing into the said Close of the said D. by the breach and decay aforesaid , did enter to drive backe their Cattle into the said Close of them the said A. and B. and into that Close speedily drove them , as it was lawfull for them to do , which is the same trespasse , and breach of close , and feeding , treading downe , and consuming the grasse aforesaid , whereof the said D. above against them complaineth : And this they are ready to averre , &c. whereupon , &c.

The Defendant upon a Replevin avoweth the taking of the Cattle , doing Damage Feasant .

Yo. ss. ANd the said A. by , &c. cometh and defendeth the sorce and injury when , &c. and doth well avow the taking of the said Cowes , in the said place in which , &c. and justly , &c. because he saith , that he is seized , and at the time of the said taking was seized in one Messuage , and 12 acres of Meadow , with the Appurtenances in the said Towne of S. whereof the place in which , &c. the said Cowes were taken , as parcell in his Demesne as of Fee : And for that he at the time of the said taking , found the said Cows doing damage in the said place in which , &c. the said A. those Cowes in his ground and free-hold , so doing damage took , as to him it was lawfull ; And this he is ready to prove , whereupon he prayeth judgement , and the returne of the said Cattle , &c.

Misnomer in the Writ of Justicies .

Yo. ss. ANd hereupon comes Alvered Pease by W O. his Attorney , and saith , that he being by vertue of the said Writ of Iusticies summoned by the name of Abraham Pease , neither is nor can be understood the same person against whom the said E. W. hath brought his Writ by the name of Abraham Pease ; For he saith that he is named & called Alvered Pease , and by the same name and sirname from the time of his nativity always known and called , without that , that he is named or called Abraham Pease , or by the same name and sir-name was ever known or called , as by the said Writ is supposed . And this the said Alvered is ready to aver and prove ; whereupon he demandeth Judgement of the said Writ , and that the same may be quashed , &c.

Non cepit to a Replevin .

Yo. ss. ANd the said B. by S. H. his Attorney , cometh and defendeth the force and wrong when , &c. And saith that he did not take the Cattle aforesaid , as the said A. above against him complaineth : And of this he putteth himselfe upon the Countrey . And the said A. likewise , &c.

Property .

Yo. ss. ANd the said B. by S. H. his Attorney cometh , &c. and saith that the property of the Cattle aforesaid , at the supposed time of their taking was in the said B. and not in the said A. And this he is ready to prove , whereupon he prayeth Judgement , &c.

Demurrer to a Declaration .

Yo. ss. ANd the said B. by C. D. his Attorney , comes and desends the force and injury when , &c. And saith that the Declaration of the said P. and the matter therein contained are not sufficient in Law for the said P. to maintain his action aforesaid against him the said B. to be had : And that he to that Declaration in manner and forme aforesaid made hath no need , nor by the Law of the Land is bound to answer . And for causes of Demurrer in Law in this behalse , the said B. according to the forme of the Statute in this behalf provided doth shew to the Court these causes following ; That is to say , that the said Declaration doth contain double and insufficient matter , and wants forme , and this he is ready to aver ; whence for default of a sufficient Declaration in this behalse , the same B. prayeth Judgement , and that the said P. may be barred of having his action against him , &c.

Joyning in Demurrer .

York ss. ANd the said P. saith , for that he above declaring , hath in his said Declaration alleadged sufficient matter in Law to maintain his said Action to be had against the said B. which he is ready to aver , which matter the said B. doth not gainsay , nor thereunto at all answer , but wholly refuseth to admit that averment prayes Judgement , and his debt aforesaid , together with damages by reason of the detaining of the said debt to him to be adjudged , &c.

If it be in Trespasse , then thus .

PRayes Judgement , and his damages by reason of the sayd Trespasse , or Trespasse and Assault , or Trespass , Assault , and Imprisonment ( as the case is ) to him to be adjudged , &c.

If in an Action upon the Case .

PRayes Judgement , and his damages by the occasion before specified to him to be adjudged , &c.

OF THE JUDICIAL AND MINISTERIAL POWER OF SHERIFS .

TO treat of the Originall or first Institution of Sheriffs in this Common-wealth , is not here necessary , being already done in the tract of the County Court , or first part of this our subject matter . Therefore we will initiate with the office of Sheriff , in which office he hath triplicem custodiam , a three-fold custody , viz.

1 Custos vitae Reipublicae , The Conservator of the life or peace of the Common-wealth . 2 Custos vitae Iustitiae , The preserver of the life of Justice ; for no Suit doth commence , and no Processe is executed but by him . 3 Custos vitae legis , The Guardian or Tutor of the life of the Law ; for after tedious and long spun suits , he is to make due execution , which is the very life and spirit of the Law . Custos vitae Reipub . His judicial & ministerial authority .

Now as he is Custos vitae Reipub. or Principalis conservator pacis within the County , he hath a Judicial authority ; in the other two a Ministeral .

1. And first to discover his Judiciall power . And Judicial power . Fitz. N. B. 8. d. & 82. Term. del Ley , tit . visc . as he is a preserver of the peace , he may ( ex officio ) upon request , command and cause another to finde sureties of the Peace , and may take the same sureties by Recognizance ; for all Obligations that he takes to that end , are as Recognizances in Law .

44 E. 3. F. Barr. 202. 5 H. 7. 6. And if he see one man assault another , or if an assault be made upon himselfe , he may compel them to finde sureties of the Peace , and may set them in the Stocks untill such time as they do finde them . See 5 H. 7. 6.

3 H. 7. 1. He may take ( of the County where he is Sheriffe ) any number that he shall think convenient ( 300 if necessity require it ) to pursue , apprehend , arrest , and imprison Traytors , Murtherers , Robbers , Popish Recusants , and all Felons ; To suppresse rebellions , St. 3 Iac. c. 4. insurrections , or riotous Assemblies , or such as do break , or go about to break or disturb his Highnesse peace : and every man ( required ) as well Dukes , Earls , Barons , as all other his Highnesse Subjects within the Br. Fines 37. same County ought to ayd and assist him ; and such as do refuse may be fined to the Protector , and may attach all persons making such default to appear and answer Offic. Coron. 3 E. 1. before the Justices of Assize .

Suspected persons . He may arrest all persons by him suspected , or of evill repute , that shall walke by night or day , committing them to the Gaole , to remain there untill they shall be delivered by the Justices of Assize . 5 E. 3. cap. 14. Cromp. 203.

Armed persons . 2 E. 3. c. 3. Cromp. 203. He may arrest all such persons as go or ride offensively armed , and may commit them to prison , there to remain during his Highnesse pleasure , unlesse they be delivered by the Justices before whom they shall be convict , he may take their armour to his Highnesse use , and prize it by the oaths of those that are present . He may beate such as resist him , and may set them in the stocks , 2 E. 4 f. 6. 21 H. 7. 39. Br. Tresp . 218. & 296.

If a party after he is arrested , make resistance , or shall make an assault upon the Officer , as the Sheriffs Bayliff , &c. the Bayliff may justifie the beating of such resister , and such as disturb him in the execution of his precept , and may imprison them in the stocks . 2 E. 4. fo. 6. 21 H. 7. 39. See Br. Trespasse 18. and 296. And if the party arrested , and resisting be slain , it is justifiable . Fitz. Coron. 261. Doctor and Student 133. 6. Cromp : 24 a. 30 b. Sed quaere .

By the 11 H. 4. 7 H. 4. fo. 4. Br. Offic. fo. 4. 9. 34. To enquire of waste , or to execute a Writ of Redisseisin . 37. and 42. the Sheriffe in a Writ to enquire of waste , and a Writ of Redisseisin , he is both Judge , and an Officer of Record , and cannot delegate his judiciall power to any Bayliff of Franchise , but must enter the Liberty , and execute it himselfe , otherwise it is error . And if upon the Writ of Redisseisin , the Sheriffe by Inquisition finde the Disseisee to be disseised again , he He may commit a disseisor to prison , &c. Co. 6. fo. 12. may presently take such Disseisor and commit him to prison , there to remain during his Highness pleasure . See Co. 6. fo . 12. And in the Writ to enquire of wast , and in the writ of Redisseisin , whereby he is made Judg of the cause , he must execute the same in proper person , Dalton office of Sher. fol. 18. and not by his Under-sheriffe or other Deputy whatever .

See more of his absolute authority in the Sheriffes Turne ( and also in the County Court ) and what things are inquirable there , and by him to be punished .

His Ministerial power . Let us now descend to his Ministeriall power or authority , which is dissected into two parts , viz. as he is Custos vitae justitiae , & custos vitae legis .

2 Custos vitae justitiae . For no suit is commenced , Custos vita justitiae . nor processe executed but by him .

And first to demonstrate his initiation into this Ministerial part of his office , viz.

Crom. 203. The new Sheriffe being elected and sworn , at or before the County next succeeding his election , he is to deliver a Writ of discharge to the old Sheriffe , who thereupon is to set over all his prisoners that are then in the Gaol , severally by their names , together with all his Writs , precisely by view and Indenture made Co. 4. 72. A. betwixt the two Sheriffs , wherein must be comprehended , and exptesly specified all the Actions which the preceding Sheriffe hath against every Prisoner . And till delivery of the Prisoners to the new Sheriffe , they remaine still in the custody of the old , as you may see in that learned argument more at large in Westbies Co. 3. 72. Westbies Case . Case , Co. 3. 72. Neither is the new Sheriffe obliged to receive the prisoners , but at the Gaol onely . And upon the return and delivery of the Writs contained in the Indenture , if they were executed by the old Sheriffe . The new Sheriffe must indorse them in this manner .

The indorsment of such writs as are turnd over to the new Sheriff by the old Sheriff . I send you this Writ as it is indorsed , delivered to me by A. B. Esquire , late Sheriffe my next Predecessor , in his going forth from his Office .

E. F. Esq. Sheriff .

Yet the old Sheriffe ( by the Statute of 12 E. 4. c. Stat. 12 E. 4. c. 1. & 17 E. 4. 6. 1. and 17 E. 4. 6. ) till the Writ of Discharge be delivered to him , he may execute his office .

The new Sheriff is to take notice who are in execution . If the old Sheriffe hath in his custody divers persons in execution , and dyeth , afterward a new Sheriffe is elected , it behoves the new Sheriffe to take notice at his Perill of all the Executions which are against any person that he findes in the Gaol , and this is ( necessitatis gratiâ ) for necessities sake , for there is none to make delivery of them , or to give him notice who are Co. 3. 72. b. Westbies Case . in execution , and who not . And it is no detriment to the Sheriffe if he keep them safe untill he hath perfect knowledge of all the Executions ; for if he may with impunity suffer such as are in execution to escape , great inconvenience would thereupon ensue . Co. E. 3. 73. b. 1. Westbies case .

He is to preserve the Rights of his Highnesse with in He is to preserve the Protectors right , &c. his County , and to enquire what Lands are concealed from him , or with-holden , and to seise to his use the profit of such lands as come to him by Attainder or Escheat , and likewise the goods of any Felon , Fugitive ; 21 H. 7 7 a. Stamf. Perk , 5. 6. Out-law , Aegyptian , goods received , and goods confiscate , and wreck of the Sea .

He ought to certifie to his Highnesse , or some of the Councell , or the Committee specially constituted for that purpose , if he know of the with-holding or concealment of any of the late Kings , or Delinquents lands within his County .

He ought to be vigilant that the suits of his Highnesse be done in his Highnesses Court , viz.

1 Suit reall , or royall . 2 Suit service .

1 And to declare what suit Royall is , it is a suit Suit Royal , what ? due to the Sheriffs Turne , or Leet , which is so termed because of their allegiance .

2 Suit-service is due also to the Sheriffes Turne Suit service , what ? or Leet , by reason of the Tenure of a mans Land .

He shall levy his Highnesse Debts by Distresse either He must levy his Highness debts , &c. 52 H. 3. c. 15. Fitz. 173. Br. Dist. 35. 32. 40. & 72. Stat. 51 H. 3. Issues . in the high way , or common street , 52 H. 3. Cap 15. Fitz. 173. And if he can finde no goods elsewhere , he may distraine in the Church , Brook . Distresse , 35. And may sell such Distresse after fifteen dayes . See Brook Distresse 32. 40. & 72. and Stat. 51 H. 3.

Dalt . office of Sher. fo. 25. 〈◊〉 . He is accountable to his Highnesse for all manner of Issues and Profits of the County ; And by his Office ( upon processe out of the Exchequer ) he is to gather up , and to bring into the Exchequer such Issues and profits , &c. And likewise such Issues lost and returned in respect of non-appearance of the Defendants , or of Jurors , shall be forseited to his Highnesse , and shall be levyed by the Sheriffe . See Dalton . fo. 25. b.

Amerciaments . Hee is also accountable to his Highnesse for , and upon processe , &c. and is to gather up , and to bring into his Highnesses Exchequer , all Amerciaments and Fines , which shall be set or assessed ( as a penalty ) upon the heads of offenders , against his Highnesse in any of his Courts . Which is to be understood of Amerciaments upon the Paintiffe or Demandant , or upon the Tenant or Defendant in Actions reall , or personall , ( as if the Plaintiffe and Demandant be Non-suite , or if Judgement be given against the Tenant or Defendant , or upon the Plaintiff , quia non est prosecutus , or pro false clamore , &c. or upon the Mainpernors , because the principall appears not , &c. In such case the Justices never assesse any amerciament but by the Stat. of Magna Charta , Cap. 14. and Mag. char. 14. Westm. 1. c. 18. Westminster 1. Cap. 18. the Amerciament ought to be assessed per pares : And the Court in such cases enters , Ideo in misericordia , generall without taxing or assessing any summe in certain . And then the Clark of the Warrants in the Common Place makes Estreats of these Amerciaments , and delivers them to the Clarke of the Assizes within every Circuit , to deliver unto the Coroners in every County to assesse the Amerciaments . Dal. fo. 27. a.

His Highnesse shall have all Amerciaments , Fines , Recognisance , Fines , Amerciaments , &c. 33 H. 8. cap. 39. Issues , and all Forfeitures or Recognizances lost or forfeited , &c. before any of his Judges or Justices in any of their Courts or Sessions ; but these must first be estreated into the Exchequer , and from thence Processe must be awarded to the Sheriffe to levy the same to his Highnesse use ; 33 H. 8. c. 39.

The Sheriffe ought not to take or seise the goods of any man arrested , imprisoned , or indicted for felony , He is to seize no goods of Felons , &c. till they be lawfully forfeited . or for suspition thereof , before the same person be duely convicted or attainted of the same felony , ( viz. either by tryall , confession , or Utlarie and Judgement thereupon given ) or that the same goods be otherwise lawfully forfeited , upon paine to forfeit the double value of those goods so taken to the party grieved .

By the Stat. 1 R. 3. c. 3. Yet lest the goods should 1 R. 3 cap. 3. But take sureties he may , that the goods shal not be imbezelled , &c. Br. tit . forfeit 44. Plow. 68. be disorderly wasted , or sold away , the Sheriffe ( before the attainder of the Felon ) may take sureties that the goods be not imbezelled , &c. And for want of sureties , the Sheriffe or other his Officers may seize them , and deliver them to the Town , by them safely to be kept . Brook . tit . forfeit . 44. Plow . 68. But yet the Felon must have reasonable maintenance for himselfe and his Family untill he be convict , and the remainder shall be to his Highnesse , &c.

If the Felon flye , the Sheriffe is to seize all his goods He that flies for felony forfeits his goods , chattels , and the profits of his Lands , &c. Coo. 5. 109. Plo. 262. and chattels , as also the profits of his Lands to his Highnesse use . But yet by Coo. 5. 109. Plo. 262. the goods , &c. of a Fugitive are not forfeited untill the flying for felony be lawfully found upon Record , either before the Coroner upon an Indictment , Super visum corporis , in case of the death of a man , or by verdict upon his acquittall ( for although he be found not guilty upon his tryall , yet shall he forseit his goods for his flying ; quia fatetur facinus , qui judicium fugit , and the Law will admit no reproof against this presumption : ) And albeit the Jury which tryes him shall finde him not guilty , and further that he did not flye ; yet the goods are forfeit Fitz. Forf . 92. &c. Coron. 296. & 344. by force of the finding of his flying before the Coroner . And the Sheriffe presently after such flying found before the Coroner is to seize the goods , and the profits of the Lands of such offenders : See Fitz. Forf . 32. Yet he that shall flye for felony shall not forfeit the goods or profits of his Lands which he had at the time of the Felony or flying ; but those onely which he had at the time of the Indictment or acquittall . Coo. 5. 109. Fitz. Coron. 296. & 344.

Felo de se . The Sheriffe is to seise to the use of his Highnesse the Goods and Chattels of him that killeth himselfe , but he shall not forfeit his Lands . Yet if an Infant , a man Non compos mentis , or a Lunatick killeth himself , he forfeits nothing .

Vtlawes goods for felony . Co. 5. 110. b. If a man be indicted for felony , and absents himselfe , so long as an Exigent is awarded against him , they shall be accounted a flying in Law , for which he shall sorseit all his goods , although he shall be acquitted afterwards of the Felony . And the Sheriffe may presently ex officio seise them to his Highnesse use . Co. 5. 110. b. Stamf. 184.

The Sheriffe or his Under-sheriffe shall receive Must receive all Writs , and execute them , &c. 2 E. 3. cap 5. Cromp. 203. all manner of Writs at all times , and in any place within the Shire , without taking of any thing , and shall make Warrants thereupon , 2 Ed. 3. cap. 5. Cromp. 203. and shall be by him or his Bayliffs executed .

He may command his Under-sheriffe , Bayliffe , or He may command his Bayliff to execute them either by word or precept , &c. other known Officer to execute them either by word or precept : But if his mandate be to a man ( that is no known Officer ) to execute any Writ or Warrant , he must either deliver the Writ it selfe , or a precept in writing in his owne name , and under the seale of his office , otherwise an Action of false imprisonment will lye for the Arrest . Lamb. 91. 21 H. 7. 23. a. But Lamb. 91. 21 H. 7. 23. a. if a precept be made to a Bayliff , and to a stranger or speciall Bayliffe , ( Conjunctim & divisim ) and is executed by the stranger onely , it is good , Lamb. 91. and Daltons office of Sheriffs 44

If a writ issue out from the Judges , Justices , or the Court , he shall not stand capitulating or disputing He must not dispute the authority of the Iudges , &c. that send Writs to him , but must execute them . Co. 6. 54. 9. 68. & 10 70. Dr. & St. 150. their authority , or validity of the Writ , but ought to execute it . Co. 6. 54. 9. 68. & 10. 70. Dr. and Student 150. For he is obliged both by oath and office to execute all processe of Law ; and if a Capias be delivered to him without an Originall , he shall execute it , and is excusable in an action of false imprisonment ; For he being the Officer and Minister of the Court , it is reasons adversary to punish him for executing the Mandates of the Court , according to the Maxime , Co. 10. 70. Quicunque jussu judicis aliquid fecerit , non videtur dolo malo fecisse , quia parere necesse est ▪ ; He that acts any thing by the mandate of the Judge , seemeth that he acted not any thing fraudulently , or amisse , because he must needs obey . But if the Court dilate it selfe beyond its jurisdiction , in that case all the proceeds are Coram non judice , and there an Action doth lye against the Sheriffe without any regard to the Precept or Processe ; for when he hath no jurisdiction , he is no Judge , and there is no necessity to obey him , no more then a meere stranger , and to backe it with the authority of a rule or axiome ; Extra terratorium jus dicente , non paretur impune . He Co , 10. 57. a. & b. that obeyeth in prescribing Lawes beyond his jurisdiction , shall not escape unpunished , Co. ibidem . fo. 57. a. & b.

A Bayliffe need not shew his precept , when he A Bayliffe need not shew his precept when he executes it . But a special Bailiffe must shew the warrant , &c. Co. 9. 69. 21 H. 7. 23. & 37. cometh to execute it upon any man ; Yet upon the arrest he ought to declare the contents of it . But if a Bayliffe be specially deputed , or one that is not a known Officer , he must shew the warrant to the party , Co. 9. 69. 21 H. 7. 23. & 37. Yet the special Bayliff is not obliged to shew it without demand , 8 E. 4. 14. 14 H. 7 9. Co. ibidem .

If a Bayliffe by vertue of a Precept from the old An arrest by an old Sheriff after his discharge tortious . Sheriffe , after his discharge , shall arrest a man , this arrest is tortious , and an Action of false Imprisonment lyeth both against the Sheriff and the Officer , Cromp. 205. b.

If process may be executed upon the Sabbath day . Coo. 9. 66. Notwithstanding the ground or maxime of Law , that Dies dominicus non est juridicus , and that no judiciall Act ought to be done on that day ; yet ministeriall Acts , as to arrest and execute Processe are tollerated and allowed ; for an Officer ought to execute his office whensoever he can finde the party , otherwise peradventure they shall never be executed , and God forbid that things necessary should not be done on that day ; for bonum est bene facere Die Sabathi ; but this distinction and exception is taken away by a late Act made in the long Parliament .

In all cases where the Processe concerns his Highnesse , He may break open a doore to execute processe concerning his Highnesse , but not in case of a common person . Co. l. 5. 92. b. in Seymans Case the Sheriffe or other Officer ( upon refusall after demand to open the doore ) may breake open the door of the house , or use other meanes to get in to do execution : But in case of a common person , the Law doth not permit the Sheriffe , &c. upon request made , and denial ) to break into the house of the Defendant to execute any Process at the sute of any subject , for the great inconvenience that might ensue thereupon ; because if men aswell in the night , as in the day should have their houses ( which in revera are their Castles and fortresses ) broken open , upon pretence thereof , it would incur great mischief and damage ; for by colour thereof upon any seigned suite , the house of any man at any time might be broken open , when the Desendant might be arrested elsewhere , and so men should not be in safety and repose in their owne houses : And although the Sheriff be an Officer Co. 11 82. a. Lewes Bowles case . of great authority & confidence ; yet it appears by daily experience , that his Highness Writs are served and executed many times by Bailifs , who are generally persons of little or no value or credit , and therefore not to be trusted with the breaking open and ransacking of houses upon every slight occasion . See Co. 11. 82. a. Lewis Bowles Case .

He ought ( In propria persona ) foure times a Proclamation to be made 4 times a yeare . Stat. Winchester . yeare to proclaime the Statute of Winchester within every Hundred of his Bayliwick , and in all Faires and Markets by his Bayliffs . 7 R. 2. cap. 6. 13 E. 1. cap. 1. 28 E. 1. cap. 17.

Statute against unlawfull games . The Statute provided against unlawfull games , is likewise to be proclaimed foure times in the yeare in every Market and Faire within the County . 33 H. 8. cap. 9.

3 Custos vitae legis . We will now handle the other Ministeriall part of his office ; and that , as he is , Custos vitae legis , which extends to his doing Execution ( after a tedious and long spun sute ) which is the very life and spirit of the Law . And this is divided into severall branches , or kindes of Executions , viz.

Statute Merchant . Statute Staple . Recognizance . Elegit . Capias ad satisfaciendum . Fieri facias , &c. Levari facias .

22 Ass. 47. Of the last foure Executions , two are by the Common Law , viz. 1 Fieri Facias . 2 And Levari facias ; And two by the Statute , viz. 1 Elegit . And 2 Capias ad satisfaciendum . 22 Assize 47. And note , that Execution by the Statute doth not oust Execution by the Common Law , no more then the Execution by one Statute ousts the Execution by another .

We are determined to insist upon all the seven in discovering their natures , manner of executing them , &c.

And first of the Statute Merchant

Statute Merchant .

IT is defined by West . part 1. Symb. L. 2. Sect. 151. to be a Bond or Obligation of Record acknowledged before one of the Clerkes of the Statutes Merchant , and Mayor , and chiefe Warden of the City of London , Yorke , &c. or before the Bayliffs of any Borough , or other sufficient men for that purpose appointed , sealed with the seale of the Debtor or Recognizor , and of the Protector , which consists of two parts , the greater is kept by the said Major or chiefe Warden , &c. And the lesser part thereof by the said Clerks . The forme of which you may see in Fleta , lib. 2. cap. 64. &c. Fleta , l. 2. c. 64 , &c.

And if the Debt be not paid at the day , the proceeds upon it , to have the fruits and effects thereof , is not like to the procceeding in other cases or suits upon Obligations , &c. to reduce them to judgement , but as they are in their owne nature much like to the nature of a Judgement , so is the proceeding and Execution thereupon , much like to the proceeding and execution upon a Judgement : And therefore the Conusee may bring an Action of Debt upon a Statute , or he may assoon as the same is forfeited , have a present execution of it after this manner .

How to sue out an Execution upon a Statute Merchant . He must bring his Statute to the Mayor and Clerke , or other Officer , before whom it was acknowledged ; And there if they finde the Record of it , and the day to be past for the payment of the money , they are to apprehend and imprison the body of the Conusor , if he be a Lay person , and can be found within their jurisdiction ; and if he cannot be found there , they are to certifie the Record into the Chancery , which also if they refuse to do , they may be compelled unto by a Certiorare : And if that Certificate Certiorare . be faulty , or Execution be not done upon it , by reason of the death of the Conusee , or otherwise , the Conusee or his Executor , or Administrator , may have another Certificate : And thereupon he shall have a Writ of Capias out of the Chancery directed Capias . to the Sheriff of the County where the Conusor lives , to apprehend and imprison him ( if he be not a Clergy man ) and this is to be returned into the Common Pleas or Vpper Bench. And when the Conusor is taken , he shall have time for a Quarter of a year to make his agreement with the Conusee , and to sell his lands or goods to satisfie the Conusee : And for that purpose , he may sell his lands or goods , although he be in prison , and his sale is good and lawfull : And if in that time , he do not satisfie the Conusee , or if upon the Capias , the Sheriff return a Non est inventus , then by a Writ ( or by divers Writs , if the Lands or goods lie in divers Counties ) called an Extendi facias ; then all his Lands Extendi facias , what . and goods shall be delivered ( by the Sheriff ) to the Creditors upon a reasonable Extent , to hold untill the debt be paid ; And if the Jurors or Appraisors upon the Extendi facias , over-value the Lands or goods in favour to the Debtor , the Conusee hath no remedy , but by motion in that Court where the Writ is returnable , at the Return day , or at least the same term wherein the Writ is returnable , to desire that the Appraisors may take the Lands or goods at the rate they have valued them , in the same manner as the Conusee is to have them . But if the Conusee accept of the Lands and goods from the Sheriff , or suffer the term to passe , wherein the Writ is returnable , he is too late , and hath no remedy at all . And if the Appraisors do under-value the Lands or goods in savour to the Debtee , it seems the Conusor hath no remedy at all , for he may at any time pay all or the residue of the debt and damages unlevied , and have his Lands again if he please . Yet neverthelesse the body of the Debtor shall remain in prison until the Debt be paid : And if there be Sureties , they shall receive no damage , so long as the Debt may be fully levied of the goods of the Debtor .

Note , that upon the Statute-Merchant or Staple , Note . All the fee-simple lands of the Conusor at the time of the Stat. acknowledged , &c. shal be liable to the said Statute . Stat. de Mercator. 13 E. 1. 27. c. 9. 23 H. 8. Co. 3. 12. Copyhold Lands not lyable . Nor Lease for term of life . But lease for term of yeares , &c. shal be extended , &c. Goods demised , pawned , or pledged , may not be taken . 22 E. 4. fol. 10. 34 H. 8. Br. Pledg . 28. Nor goods distrained for Rent , &c. may not be taken . If the Conusor die in execution , the Conusee may have Execution of his lands and goods . Co. 5. 86. & 87. Fitz. 246. b. Or if the Conusor escape , his goods and Lands shall be extended . A Non est inventus return'd upon the 1. Certificate , a 2. not grantable , yet , &c. 28 E. 3. 91. Execution 93. all the Fee-simple lands , which the Conusor had at the time of the said Statute acknowledged , or at any time after , shal be liable to the said Statute , to whom soever they be afterwards sold , by alienation , Feofment or otherwise . Stat. de Mercator . 13 E. 1. 27. c. 9. & 23 H. 8. Co. 3. 12. But if the Debtor die , the body of his heir shall not be taken , but his Lands in Fee that descend to him by the Conusor , shall be taken ( as aforesaid ) if he be of full age , or when he shall attain full age , until the said debt be levied , Stat. ibid. Copyhold Lands are not liable , nor shall be extended . Nor lease for term of life . But Lease for term of years , and all other goods and chattels of the Conusor or Debtor are liable , and shall be extended , which the Conusor hath in his own possession , and to his use , at the time of the Execution sued or awarded . But goods demised , pawned , or pledged , may not be taken in Execution , for his debt , that demised or pledged them , during the time or term , that they were demised or pledged , 22 E. 4. fo. 10. 34 H. 8. Br. Pledg . 28. also goods distrained for rent , amerciament , damage feasant , &c. and are impounded , in custodia legis , during the time that they are so , may not be taken in Execution . See Br. Pledg. 28.

If the Conusor of a Statute-Merchant or Staple , &c be taken , and die in Execution , yet the Conusee shall have execution of his lands and goods , Co. 5. 86 , 87. Fitz. 246 b. or if the Conusor be taken in Execution , and escape , yet his goods and lands shall be taken and extended upon by the said Statute ; for the escape and the action that the Plaintiff had against the Sheriff , for the escape , is no satisfaction of the debt .

Certificate of a Statute-merchant was sued forth , and Execution sued in the same County , the Sheriff returned Non est inventus , for which the Plaintif sued another Certificate to the Major , by reason of which the party was taken , & it was holden that the second Certificate was not grantable , yet the party taken would not be set at liberty , by , 28 E. 3. 91. Execution 93.

Where there are several Certificates in divers Courts Several Certificates in divers Courts upon one Statute , Execution sued in the one shall not stay that in the other 29 Ass. 29. upon one Statute , Execution sued in the one shall not stay that in the other , because they are intended severall Statutes , but it seems he may sue to the Major to certifie if there be another Statute or not , and so be helped , 29. Ass. 29. and because where a Certificate is sued in the Common Pleas , and the same Plaintiff sues another in the Vpper Bench , and the Iustices were certified , by the Major , that all was but one Statute , the parties caused the Record to come out of the Common Pleas into the Vpper Bench , and then a Capias shall issue out against the Conusor , and yet one Conusor was taken before in the Common Pleas , but it appeared 29 Ass. 41. that he afterward escaped , 29 Ass. 41.

A Statute which was certified for the Testator , shall A Statute certified for the Testator , shall be certified for the Executor , F N B. 132. F N B 244. The Major , &c. hath power to hold Pleas done in the Staple . by a speciall Writ be certified for the Executor , F N B. 132. so where it is not sufficiently certified before , so where the party keeps it in his hands , so where the first Certificate is lost , and if the Major will not certifie it , a Certiorari shall be directed unto him , F N B. 244.

The Major of the Staple hath power to hold plea of things done in the Staple , and upon a Statute acknowledged before him execution may be sued , or in the Chancery at the pleasure of the party , 9 H. 6. Iurisdiction 6.

Upon a Statute Merchant , a Capias issued out of the Non est inventus return'd upon a Cap. in the Common Pleas , Capias & extendi facias shal not issue out there , without shewing the Sta. to the Iustices , &c. 37 H. 6. 6. & 7. Statute must be shewed at the day of the return , &c. Chancery returnable in the Common Pleas , the Sheriff did return Non est inventus ; Now Capias & extendi facias shall not issue out of the Common Pleas without shewing the Statute to the Justices , although he had shewed the same in the Chancery before , and if the Sheriff hath returned Cepi corpus , and hath the body here , if he do not shew the Statute , the party shall be discharged , although it be lost , but upon a Statute Staple he must shew the same upon the Capias awarded , but not afterwards , because in the same place , 37 H. 6. 6 & 7.

It was holden , that if a Statute be certified , the Plantiff shall have Execution without shewing of it , but if he doth not shew it at the day of the return , the other shall be at large , although he have Execution of the body of one or of all the Defendants , 26H . 6. Execution 26 H. 6. Ex. 6. 6. See the Stat. of 5 H. 4 : cap. 12.

Vavasor said , that he saw where the Recognisee A stranger may have Execution where the recognisee is dead . Or a Satute be made to two , yet one may have Execution , &c. 12 E. 4. 10. & 11. Execut. 14. Executors must sue out a Scire facias before they can have Execution , &c. 17 E. 3. 31. 18 E. 3 10. died , and a stranger came in his own name , and shewed the Statute , and had Execution , although the other came not in proper person , and upon a Statute made to two , if one come with it , he shall have Execution in both their names , and it is a common course , that every stranger who comes with the Statute , shall have Execution upon it in the name of the Recognisee , 12 E. 4. 10. & 11. Execution 14.

And upon Non est inventus returned upon the Certificate where the Plaintiff died , his Executors shewed the Statute , and had Execution of it , 17 E. 3. 31. But see 18 E. 3. 10. he shall not have it without a Scire facias , vide Eliz Dyer , &c. Conusee of a Statute Merchant had it certified in the Chancery , and thereupon had a Capias upon it and died , upon the shewing of the Statute his Executors had a Scire facias .

The opinion was , that if a man sue Execution Execution upon the Statute sued into divers Counties , upon Nihil returned in one County , he shall have Execution of the whole in the other , &c. 16 E. 3. Exec. 49. of a Statute Merchant in divers Counties , and in each for the portion , viz. 20 l. in the one , and 20 l. in the other County , yet upon Nihil returned in one County , he shall have Execution of the whole in the other , if he hath Assets there , 16 E. 3 Execution 49. and a man may well pray Execution of the body in one County , and an Elegit of the land in the other County , 41 E. 3. Execution 38.

Statute sued of parcel of the Lands in the name of all , shall never extend the rest . If a Statute Merchant be sued of parcel of the Lands of the Conusor , in the name of all his Lands , he shall never extend on the rest of the lands , Mic. 22. E. 3. f. 14.

Three bound to one in a Statute severally , Execution may be against one , or all . If three are bound to one in a Statute Merchant , and every one of them by themselves , quemlibet eorum perse , I may sue Execution against one of them only or against them all at my pleasure .

If an Infant bind himselfe in a Statute-Merchant , Infant bound in a Stat. may avoid it during his Minor . &c. The like by dures imprisonm . or Statute-Staple , he may avoid this during his Non-age by Audita Querela , and also he may have his Audita Querela after his full age to avoid this Statute by matter of fait ; and the like law if the Statute be acknowledged by dures of imprisonment .

Statute Staple .

WE now come to the laying open a Statute-Staple , which is duplicate , to use the words of Mr. West , viz. either ,

1. Properly so called , or Proper . Improper . Statute-Staple proper what . 2. Improperly .

1. A Statute-Staple properly so called , is an Obligation acknowledged before the Major of the Staple , in the presence of one or two Constables of the same Staple . And by vertue of such Statute-Staple , the Creditor or 27 E. 3. c. 9. Recognisee may forthwith have execution of the body , lands and goods of the Debtor or Recognisor : and this is founded upon the Statute of 27 E. 3. c. 9.

2. A Statute-Staple improper , is an obligation of Record Statute-Staple improper what . Or. 27 H. 8. c. 6 founded upon the Stat. of 23 H. 8. c. 6. of the nature and validity of a proper Statute-Staple , as touching the form and Execution thereof , and acknowledged before one of the chief Justices , and in their absence before the Major of the Staple at Westminster , and Recorder of London . ( You have the forms of all these Obligations or Statutes in West . part 1. Symb. L. 2. Sect. 152. West . Symb. 1. L. 2. Sect. 152. 153. 154. 155. 153. 154. 155. ) It is sealed with three seals , viz. with the seal of the Conusor , with the seal of the Protector , and of one of the said Iustices , or of the Major and Recorder , 23 H. 8. c 6. And note that all Statutes Staple Note . 27 Eliz. cap. 4. and Merchant shall be brought to the Clerk of the Recognisance within four months , and inrolled within six months , otherwise such Statute shall be void against Purchasors , &c. 27 Eliz. c. 4.

The manner of proceeding upon a Stat. Staple . The maner of the proceeds upon it are the same with the Statute-Merchant , saving that in a Statute-Staple , presently after the Certificate into the Chancery , the Conusee shall have a Writ to take his body , and extend his Lands and goods returnable in Chancery ; and this writ is a Commission directed to the Sheriff of the County where the Lands and goods lie , for the valuing of the same , whereby all the lands , goods , and chattels of the Conusor shal be apprised and valued at a reasonable rate by a Jury of men sworn , charged by the Sheriff for that purpose ; which Inquisition so taken is to be returned by the Sheriff ; and thereupon the lands , goods and chattels are to be taken into the Sheriffs hands , and by him to be delivered to the Conusee ( which the Sheriff may do if he will without any Writ ) to hold unto the Conusee , until he be satisfied his debt and damages : And if the Sheriff refuse so to do , the Conusee shall have a writ out of the Chancery called a Liberate , to compell him to deliver to the Conusee the Liberate . lands , goods , and chattels , so found by inquisition , and taken into his hands upon the Extent , which the Sherif need not return , Fitz. Accompt 97. Execution in toto . Broo. Stat. in toto . Stat. Acton Burnel de Mercat . 27 E. 3. 9. F N B. 130. 131. 132. Dyer 180 Coo. 4. 67. Plow. 61. 62. 82. Co. super Lit. 290. Coo. 5. 87. &c. See more of the proceeding in Statute-Merchant .

Note . It was adjudged in B. R. Hil. 42. Eliz. that a debt recovered in the Kings Court by Judgment , shall be paid before a Bond in nature of a Statute-Staple or Merchant : because the Judgment is a matter of a more high and worthy nature then private portable pocket Records : also Co. L. 6. 45. C. 2. in Higgons case . it shall be preferred before a Recognisance acknowledged in any Court by assent , which may also be privately done ; and a Judgment so given in the Kings Court , upon ordinary and judicial proceedings , which remain in the custody of a sworn Officer , are Records which are preferred in Law before such Statutes ; & non refert , whether the Judgment or Recognisance or Statute be first ; for be the Judgment first or last , it shall be first satisfied , &c. And so it was holden per totam Pemberton & Bartams case , Plow . 32. El. Rot. 235. curiam in the Common Pleas in Pemberton and Bartams case . Plow . 32. El. Rot. 235. which see in the end of Sadlers Case in the 4. Reports , Dyer 80 53.

Recognisance , what it is .

WE now come to the third , which is Recognisance ; and that is an Obligation or Bond of Record , acknowledged in a Court of Record , testifying the Recognisor to owe to the Recognisee a certain summe of money , and is acknowledged in some Court of Record , or before some Judge or other Officer of such Court having authority to take the same ; as the Master of the Chancery , the Judges of either Bench , of the Exchequer , Justices of Peace , &c. And those that be meer Recognisances , are not sealed but inrolled , And yet some are sealed , with the seale of the party : and may be with condition annexed , or may be single , and then to have Indentures of defeasance .

The manner of proceeding upon a Recognisance . If the money be not paid at the day , the Conusee proceeds upon it after this manner : The Conusee his Executor or Administrator is to bring a Scire facias against the Conusor ; or if he be dead , against his heirs , when they be of full age ; or if the Lands the Conusor had at the time of the entering into the Recognisance , be sold , against the Purchasors of those Lands , which the Conusor had at any time after the Recognisance entred into , to warn them to come into that Court , whence the Scire facias cometh , and to shew cause why Execution should not be done upon the said Recognisance : And if the party or parties cannot be found to be warned , or being warned do not appear at the time , or appearing , shew no cause why the debt should not be levied , then the Conusee shall have Execution of a moyty of his Lands by Elegit ; or if Elegit . Levari facias . Fieri facias . the Conusor be living , of all his goods by Levari or Fieri facias at his Election , but he cannot have Execution of his body , unlesse he bring an action of debt upon the Recognisance , or it be by course of the Court , as it is in the Upper Bench upon a Bail , in which case a Capias doth lie . Dyer 360. 315 West. 2. 18. Capias . Broo , Execution , 129. Co. 3. 11. 15 H , 7. 16. Kitch . 117. And the proceeds against Sureties in Statutes shall be Proceedings against the sureties . as the proceeding against the principal ; but in case where there are moveables of the principal to satisfie the debt , the Sureties ( as it seems ) shall not be charged , Stat. de Mercatoribus .

Execution of all the goods and chattels , and a moyty of the Lands . Execution by vertue or force of a Recognisance shall be of all the goods and chattels of the Reconusor ( except the Beasts of the Plough , and implements of Husbandry ) and of the moyty of his Lands : West . 103.

Execution of the Land which the Recognisor had at the time of the Recognisance , &c. The Recognisee by the first Writ shall not have Execution but of the Land which the Reconusor had at the time of the Reconusance , and upon return that he had no Land , then he shall have a Writ to try who had it at the time , &c. or after , &c. 36 E. 3. Execution 47. 19 E. 3. 1.

Two sued in Execution , the money deliver'd to the Attorney of the one , and to the other himself , good , &c. Where two sued Execution , the money was delivered to one , and the Attorney of the other , Mich. 14. E. 3. Execution 76. and the Desendant in Court did pay the money to one , the other being absent ; and it was good and the Recognizance was withdrawn , Mich. 22. E. 3. 15 , Execution 87.

The heir charged , &c. The heir shall be charged in debt of the Lands which he had by descent ; the day of the Writ brought , and not the day of Judgement , Mich. 18. E. 2. Execution 241.

Execution upon Stat. and findes bail , & doth not appear at the day , &c. If a man be in Execution upon a Statue , and findes bail , and doth not appear at the day , but at another day , the bail brings him in , now it is in the Election of the Plaintiff to take Execution of his body and Land , or to take the bail . See 59. E. 3. Execution 43. Two sue Execution , and one dies before the extent , yet the lands shal be extended , 11 R. 2. Brief . 938. Otherwise upon a Stat. Merch.

If two sue Execution , and before the Extent one dieth , the Sheriff shall extend the Land , and shall deliver the same to the other , 11. R. 2. Briefe 938. But if two sue Execution of a Statute-Merchant , and the Reconusor is returned dead , and then one of the Conusees doth acknowledge the death of his Companion , he shall not have Execution without suing a Writ out of Chancery , 25 E. 3. 38 Execution 92.

Where three are bound in a Statute joyntly and severally , 3 Bound in a stat. joyntly and severally , he shall have exec. against one , or all , but not against two , &c. the Plaintiff shall have Execution against one , or all of them at his election , and not against two , and so of an Obligation . But if he bring debt against them all upon a joynt Bond , the Execution shall be against all ; but if he bring it by severall Praecipe's , he shall not have Execution but against one , 34 E. 3. Execution 129. 14 H. 4. 19 Execution 29.

Note . Note further , that a Recognisance though in the speciall signification , it doth but acknowledge a certaine debt , and is executed upon all the goods , and halfe the Lands of the Recognisor : Yet by extention it is drawn also to the Bonds or Obligations , commonly called Statute Merchant , and Statute Staple , as appeareth by the Register of Originall Writs , fol. 146. 151. & 152.

Elegit , what .

4 ELegit is a Judiciall Writ by the Statute , and lyeth for him that hath recovered debt or damages against one not able in his goods to satisfie , and directed to the Sheriff , commanding him that he make delivery of halfe the parties Lands or Tenements , and all his Goods and Chattels ( Beasts for the Plow excepted ) Old N. B. fol. 152. Register of Originall Writs , fol. 299. & 301. and the Table of the Register judiciall , which expresseth diverse uses of this Writ .

May take a moiety of the lands of the Conusor , & all his goods and chattels . Westm. 2. c. 18. Valuation of the goods and lands must be found by inquisition . Co. 4. 74. In Elegit by force of the Statute of Westminster 2. Cap. 18. the Sherif may take in Execution the moietie of the Lands of the Conusor , and all his Goods and Chattels ( except as before ) and may deliver them unto the Conusee upon a reasonable price or extent untill the debt be satisfied : But the valuation of the goods and lands ought to be first found by the Inquisition of a Jury , Co. 4. 74. And the Sherif is to deliver him seisin of them , who is tenant by Elegit , and shall do no waste .

Upon Elegit the Sheriffe ought to returne the extent , The sheriff must return the Extent , and that he hath delivered the lands , &c. and also that he hath delivered the Lands , &c. 12 Edward 3. Scire Facias 117. and the extent shall be good for the summe due , notwithstanding that it be of more . 44 Edward 3. 11. Execution 35.

Term of years delivered in execution upon Elegit good , and also rents . A man sued an Elegit , and had a terme of yeares delivered to him in Execution , which the Desendant had in possession as a Chattell , and adjudged good . An Annuity may be extended , and Rents , &c.

In every Elegit the Sheriffe must returne and set The sheriff must return the moiety distinctly , unless they be Tenants in common , &c. Brownl . Rep. fol. 38. out the moietie distinctly , unlesse they be Tenants in Common , and in that case he must returne the speciall matter . An Elegit issued out against one Greisley , by the name of Greisley Esquire , who was at the time of suing out the Writ made Knight and Baronet , and it was insufficient , and the Plaintiffe prosecuted a new Writ . Brownlows Rep. 38.

The sheriff cannot deliver a Lease at another value then what the Jury had found it at . A Lessee had a Lease to the value of 100 pounds , and after the Teste of the Elegit , and before the Sheriffe had executed it , assignes his terme to one , who assignes it to the Plaintiffe in the scire facias , and asterwards and before the last assignment , the Sheriffe executes the Elegit , and delivers the Lease to the Plaintiffe to be holden , &c. for satisfaction of the debt , which came but to 43 pounds , 6 s. 8 d. and it was held by all the Judges , that the Sheriffe could not deliver the Lease at another value then what the Jury had found it at ; and the sale made by the Sheriffe is as strong as if it had been made in the open Goods cannot be sold by the owner after the Test of the Elegit . Market , and that all the Goods and Chattels are bound after the Teste of the Elegit , and cannot be sold by the owner after the Teste of the Writ . Brownlowes Rep. 38. Comers versus Brandling .

An Execution valuable without satisfaction . There are good diversities between an Execution not valuable , ( as of the Defendants body ) and an Execution valuable , as of Lands , &c. As if two men are bound joyntly and severally in an Obligation , and the one is sued , condemned and taken in execution , and afterwards the other is also sued , condemned & taken in execution , and then the first escapes , and the other brings his Audita Querela ; In that case he shal be barred to bring that Writ , untill the Plaintiff be satisfied : So likewise if the Desendant in debt dye in Execution , yet the Plaintiff may have a new Execution by Elegit or Fieri facias : But if the Plaintiff have once Execution of the Lands of the Defendant , and after the Lands are evicted there before the Statute of 23 H : 8. Cap. 5. he shall not have 23 H. 8. cap. 5. any new Execution ; for the Execution of the Lands was valuable , and accounted in Law for a satisfaction , and ( to avoid infinitenesse ) he shall have but one valuable satisfaction , or one Execution , with satisfaction at the Common Law , Co. 5. 86. b. 3. Blumfields case .

Note , where a Capias lies after an Elegit . If upon an Elegit , there be no Execution but upon goods , because there is no Land , and the goods appeare insufficient , hee may have a Capias ; For note , it is in effect but a Fieri Facias , though the word be Elegit : But if there be Land extended , then it is otherwise ; and yet , Quaere , if the debt be forty pounds , and nothing extended , but a Lease for three yeares at five pounds a yeare , or the like , for then to that which remaineth the Elegit failes . Hobert Rep. fo. 58. Hobert . fol. 58.

Lands sold after Judgement shall be lyable to satisfie it . If a Judgement be obtained against a man , who thereupon sells his Land , in whose hands soever the Land is , it shall be lyable to satisfie that Judgement , and to that end shall issue out a Scire Facias against the Terr-tenants .

If two Writs of Elegit be delivered to the Sheriffe both at one time , the Sheriffe is to Two Writs of Elegit delivered to the Sheriffe at one time how to be executed . exend the moiety of all the Lands , and shall give the moiety to the more ancient debt ; and then he ought to extend a moity of the other moiety , and deliver it to the other , for he cannot deliver a moiety of all the lands to one , and the other moiety to the other . See Attorneys Academy , 109.

Severall Elegits may issue into severall Counties . Severall Elegits may issue into severall Counties where the Land lies .

If a man doth pray to have an Elegit , to have No Capias nor Fieri fac . doth lye after an Elegit , and why . the moiety of the Defendants Lands in Execution , and the Sheriffe returned that he had no Lands , whereupon he prayed a Capias to arrest the party , but the Court would not grant it ; but if the Conusee , &c. would tarry till Lands did come to Mich. 30 E. 3. Cap. 24. the Defendant , or goods , then , &c. But now he could not have a Capias , nor a Fieri Facias . And the causes that the entery in the Roll is , that he hath chosen his Execution of the moiety of his Lands , the which he must stand to , because it is an Execution in the superlative . Mich. 30 E. 3. 24.

Capias ad Satisfaciendum , what it is .

IT is a Writ ( by the Statute ) after Judgement , lying where a man recovereth , in an Action personall , as Debt or Damages or Detinue , and he against whom the Debt is recovered , and hath no Lands or Tenements , nor sufficient goods , whereof the debt may be levyed : In this case , he that recovereth shall have this Writ to the Sheriffe , commanding him , that he take the body of him , against whom the debt is recovered ; and he shall be imprisoned untill satisfaction be made to the recoverer . And the Sheriffe Prisoners must be kept in salva & arcta custodia . must keepe him in salva et arcta custodia , unlesse he intend to pay the debt himselfe ; For if a Prisoner be taken upon an Execution , and shall afterwards let him goe at liberty before the Debt be satisfied , &c. The Creditor may have either an Action of Debt , or an Action upon the Case against the Sheriffe , and so Fitz. 93. a. c. recover his debt . Fitz. 93. a. c.

A man shall not have a Capias ad satisfaciend . but Cap. ad satisf . where a Cap. lies in the Orig. where Capias lyeth in the Originall , 11 H. 9. 18. vide Co 3. part . Sir William Herbets Case , 8 H. 6. 9. 22 Ed. 4. 22.

Upon this Writ the Sheriffe can take nothing Nothing but the body can be taken by this Writ . Co. 5. 8. but the body of the Defendant ; for the Writ is to do no more but to take his body , and to detaine him in prison , till he hath satisfied the debt . Co. 5. 8.

A man in the custody of the Sheriff , and a second Writ is delivered to him , he shall be in his custody upon it , although not actually arrested . When a man is in the custody of the Sheriffe by processe of Law , and afterwards another Writ is delivered to him , to arrest him who is in his custody , presently he is in his custody by force of the second Writ by judgement of Law , although he doe not actually arrest him ; for to what purpose shall he arrest him , who is and was before in his custody ? Et lex non praecipit inutilia , quia inutilis labor stultus . And the words of the Capias ad satisfac . are not onely quod capiat , &c. but quod salvo custodiat , &c. Ita quod habcat corpus , &c. So that although 7 H. 4. 30. he cannot take him who he hath in his keeping , yet he may safely keep him ; and therewith agreeeth 7 H. 4. 30.

If two men be bound joyntly and severally in an Obligation , the one is sued , condemned and taken Two bound in an Obligation joyntly and severally , both may be sued and taken in execution , &c. in Execution , yet the other may not goe scot-free , for hee may be likewise sued and taken in Execution , untill the Plaintiffe be satisfied of his entire debt . Coo. 5. 86. But if the Creditor be satisfied by the first that was in Execution , the other may plead this satisfaction , and be discharged , 29 H. 8. tit Execut. b. 132.

A woman recovering damages in a Writ of Dower , No Cap. ad satisf . for damages in a Writ of Dower . she cannot have Execution of these damages recovered by a Capias ad satisfaciendum , because the Capias was not in the Originall . 11 H. 7. fol. 5. 2 H. 7. fol. 7.

If a man be condemned in an Action of Debt , and No return required upon a Cap. ad satis . the Sheriffe hath him in Execution , by a Capias ad satisfac . by arresting him , although the Sheriff do not return the Writ , an Action ▪ of false Imprisonment is not to be brought against the Sheriffe for not making return of the Writ , for the writ of Capias ad satisfca . is not as other Capias , that is , So that you have his body before , &c. For in every Capias ad satisfoc . the Judgement is given before , and it is but to take Execution of the partie , in which no answer nor return availeth , Pasch. 21 H. 7. fo. 13.

If one be in Execution by his body , and the party doth release unto him all actions , suits and debts , he shall not have an Elegit nor a Capias , because the duty is extinct , 26 H. 6. Execution 7.

Capias pro Fine . Capias Vtlegatum . Capias ad Valentiam .

THere are other three Writs of Capias after Judgement , viz.

1 Capias pro Fine . Cap. pro Fine . Cap. Vilegatum . Cap ad valent . 2 Capias Vtlegatum . 3 Capias ad Valentiam .

1. The Capias pro Fine is , where one being fined Cap. pro Fine , what it is . by Judgement unto the Protector , upon some offence committed against a Statute , doth not discharge it , according to the Judgement : by this is his body taken , and imprisoned till he pay the Fine . F. N. B. 76. Coo. 11. 42. 8. 60.

If the Plaintiffe sue an Elegit after the Defendant An Elegit sued after one is taken for the Protectors fine , he shall go at large is taken for the Protectors Fine , he shall goe at large , for such Execution doth discharge the body , 7 H 6. 6. and 7. So if he sue by Fieri facias , 18 E. 3. Execution 54. Yet upon Nihil returned he may have a Capias , &c.

If the Defendant be taken upon a Capias pro Fine in One taken upon a Cap &c. in trespasse , &c. Trespass , and the Plaintiff prays that he may remain in prison for his Execution , the Plaintiff not satisfied shall have an Execution afterwards : So if one pray an Elegit of Lands , and nothing is returned but a Rent , he shall have an Elegit of the same , 47 E. 3. 47 E. 3. Execution 41. Execution 41. See F. N. B. 246. & Stat. 32 Hen. 8. Cap. 5.

2 Cap. Vtleg . is a writ of Exec. ( after judgment of the Cap. Utlegat . what it is . Coroner of the county , into which the Exigent & Promation issued ) which lyeth against him that is outlawed , by the which the Sheriffe upon the receipt thereof apprehendeth the party outlawed , for not appearing upon the Exigent , and keepeth him in salva custodia ( viz. ) in safe custody .

Note . If a Capias utlegatum issueth to the Sheriffe to take a party , and to enquire what Lands and Tenements he had , and the Sheriffe findes by Inquisition , that he is seised of many Lands , and continues possession in them , and the Sheriffe do out me , I may have an Action of Trespasse against him . Winch. fol. 78.

Cap. utleg . & inquiras de bonis & catallis , what it is . Capias utlegatum & enquiras de bonis & catallis , is a Writ of the same nature with the precedent , but that it giveth a further power to the Sheriffe , over and besides the apprehension of his body to enquire also of his goods and chattels . Minsh . fo. 111. b.

Cap. ad Valen. what it is . Capias ad Valentiam , Is a Writ of Execution , and lyeth where the Tenant is impleaded of certain lands , and he voucheth to warranty another , against whom the summons Ad Warrantizandum hath beene awarded , and the Vouchee cometh not in at the day given : Then if the Demandant recover against the Tenant , he shall have this Writ against the Vouchee , and shall recover so much in value of the Vouchees Lands , if he have so much ; And if he have not so much , then the Tenant shall have Execution by this Writ of so much Lands and Tenements as descend to him in Fee-simple ; or if he purchase afterwards , the Tenant shall have against him a Re-summons ; and if he can say nothing , he shall recover the value . Old Natura Brevium . fol. 161 , 162. Termes of the Law 45 , 46.

Fieri Facias , what it is .

Westm. 2. c. 18 , 13 E. 1. AFIERI FACIAS is a judiciall Writ , and lyeth for him that hath recovered in an Action of Debt or Damage , directed to the Sheriffe , commanding him to levie the debt or damages of the Defendants goods , it must be brought within the yeare and day . This Writ hath beginning from West . 2. Cap. 18. Anno 13 E. 1. Old Nat. Br. fol. 150. See great diversity thereof in the Table of the Register Judiciall . Ver. Fieri Facias .

The Sheriffe or Bayliffe ought to be very cautious The Sheriffe must be caut●ous in executing this Writ , &c. in executing this Writ ; For if the Goods or Lease which shall be taken , be the Goods of a stranger , though they be found in the possession of the Defendant ; Yet if it be found upon Tryall , that the Defendant hath no property in those Goods or Chattels , then the Sheriffe or Bayliffe that executed that Writ , shall be a trespasser to the right owner of the Goods , and shall recover damage to the value of the Goods so taken , with costs of suite , although the Officer hath delivered them to the Plaintiffe in Execution . Dalton office of Sheriffes , fol. 60. Therefore the safest course for the Sheriffe or Bayliffe is not Dalt . office of Sheriffs , fol. 60. to take any goods in Execution , unlesse they plainly appeare to them to be the proper goods of the Defenfendant ; For the Officer is bound at his perill to take knowledge whose Goods they be , Ibidem .

If the Sheriffe for a debt of twenty pounds takes goods and sells them for 40 l. he may keep the surplusage till the Defendant demand it of him . If a Fieri Facias be awarded for twenty pounds to the Sheriffe upon which he takes an entire Chattell , and sells it for forty pounds , and returns the Fieri Farias with the twenty pounds in Court , he may detaine the surplusage untill the Defendant comes to demand it of him ; for he is not obliged to search out the Defendant , but if a Fieri fac . be awarded for 40 s. by force of which the Sheriff takes five Oxen , every one at the value of five pounds , and sels them all , the Defendant may have an action of Trespasse against the Sheriff , Noy fol. 59. Woodby Noy's Reports , fol. 59. Sale upon a Fi. fa. shall stand , though judgment be after reversd . Vpon a Iudgement against an Exec. or Administra . no Cap. ad sat . lies , but a Fi. fa. &c. But if a Devast . be returned , then a Cap. ad satis . or a Fi. fac . de bonis propriis , &c. After Scire fa. no Elegit lies , until the tenant be warned , but a Fi. fa. doth . Goods taken upon a Fi. fa. and no buyers found , an Order to levy the money upon the goods and lands of the Bailiff . 5 E. 3. Ex. 101. If no goods be found , the Sheriff may sell a Lease for years , &c. 19 E. 3. Ex 148 against Coles , &c.

Sale by the Sheriff upon a Fieri fac : shall stand , albeit the judgment afterwards was reversed , and the Plaintiff in it restored to the value , Dyer 363. 24. Coo. 8. 76. b. Mat. Mannings case .

Upon a Judgement against an Executor or Administrator , the Plaintiffe cannot have a Capias ad satisfaciendum against the body , but a Fieri facias de bonis Testatoris ; and if the Sheriffe returne a Devastavit , then a Capias ad satisfaciendum against the body , or a Fieri facias de bonis propriis . And if there be two Executors and the Sheriff réturns a Devastavit against one of them , and he dies , the other shall not be charged for that Devastavit ; for the one shall not prejudice the other ; but a gift by one of them is good against the other .

A Scire facias after the year for damages recovered in waste , and a Nihil returned , he shall not have an Elegit , untill the tenants be warned , but he may have a Fieri fac . without warning of them , 4 E. 3. 23. Execution 99. Old . N. B. 168.

The Sheriff returned upon a Fieri fac . mandavi ballivo , who said that he had seized to the value , but he could not finde buyers , and because the Court cannot send to the Sheriff to have the money here , as they might upon his own extent , therefore they awarded a Writ to the Sheriff to levy the money of the lands and goods of the Bayliff , to the value of that which he had seized ; the same Law is upon a seizure of an ancient Sheriff , 5 E. 3. Execution 101.

Fieri fac . for damages recovered in waste upon a Lease for years , it was returned that the Lessee had no goods but the remnant of the same Lease , and it was holden , that by Sicut alias , that the Sheriff might sell the Lease , as well as pots and pans in the Execution , for the Fieri facias is de terris & catallis , of the Lands and Chattels , &c. 19 E. 3. Execution 148.

A Fieri fac . to the Sheriffe to levy the expences of the Knights of the Parliament , the Sheriff may sell the Beasts of one of the Hundred for the whole , or the beasts of any person he shall finde within the precinct , 11 H. 4. 2. Avowry 52.

The Sheriffe returned upon a Fieri fac , that he had A Scire facias issued out against an old Sheriffe ( after a new one elected ) for money levyed by him , &c. 9 E 4. 50. Scire fac. 2. levied the money , and that he had the same in Court , whereas he had not the money at the day , and then a new Sheriff is chosen , and because it was upon Record , that the old Sheriffe had levied the money , a Scire facias issued forth against him to pay it , and if he cannot , or will not otherwise discharge and pay the money , the party shall have a Fieri fac . or an Elegit against the Sheriffe of his proper goods , &c. 9 E. 4. 50. Scire fac. 2.

Mich 10. Jac. Upon a motion at the bar it was Bond taken by the Sheriff , not within the Stat. of 23 H. 6. c. 10. resolved , that an obligation to the Sheriff upon a Fieri facias for the payment of the money in Court , was not void by the Statute of 23 H. 6. cap 10. For the first branch of that Statute is , that he shall let to bayl by Writ or Bill , &c. which he could not do before , as appeares , 19 H. 6. 43. The second 19 H. 6. 43. shewes the form of the bond , &c. The third contains a penalty , that if the Sheriffe take an Co. 10. 99. b. 3. in Beaufages case . Obligation in any other form &c. than is there prescribed , that it shall be void , so that upon consideration of all the branches together , and upon their coherence and dependance one upon another , it plainly appears , that the said Statute doth extend only to Obligations of such as are within their guard and custody and not otherwise .

Where the under Sheriff justified the breaking of three doors , &c. to do execution , &c. Trespasse brought for breaking his house , and breaking three doores , and breaking and carrying away three locks of those doores . The Defendant justifies the entry into the house by vertue of a Fieri facias awarded against the Plaintiffe directed to the Sheriffe of and he being under Sheriffe , and the other Defendants his Bailiffs , two of the Defendants entred into the house , and the door being open , took the Crooks second part , fol. 555. 556. goods , and the Plaintiff shut the doors upon the Bailiffs , and imprisoned them for two hours , wherefore he brake open the doors , and the locks , to rescue his Bailiffs , Quae est eadem transgressio : and it was thereupon demurred , and all the Court held , that although a Sheriff cannot break open an house being to take Execution by a Fieri fac : yet when the door is open , that he enters , and be disturbed in his execution by the parties who are within the house , he may break the house to rescue his Bailiffs , and to take execution : so it was adjudged for the Defendants . And in regard this restraining of the Execution , and detaining of the Bailiffs was confessed by the Demurrer , an Attachment for the good behaviour was awarded against the Plaintiffe . Crookes second part , fol: 555. and 556.

The Sheriff may sell a Lease for years , &c. without taking inquisition of them If the Sheriff take Leases for years , or other chattels real upon an Execution , he may seize and sell them without taking Inquest by a Jury of them , and the sale will be good , Co 5. 90. 4. 74. And no return is required upon a Fieri facias , if Execution be done , which is grounded upon four strenous and solid reasons , by Coo. in his 5. Report , in Hoes Co. 5. 90. 4. 74. Case .

1. Because the levying of the debt is lawfull and well Four Reasons why no return is required upon a Fieri fac . done , and the party Defendant , cannot resist the Sheriff to levy money .

2. The effect of the authority the Sheriff hath , by force of the Fieri facias is executed .

3. The great prejudice that the Defendant ( whose goods are sold by the Writ , and processe of Law for the satisfaction of the debt ) should have , if the Sheriffs not returnig of the Writ should cause a new Execution to be sued forth against him , and leave the Defendant to his action against the Sheriff .

4. if the sale of the goods by force of the Writ , shall be for not returning the writ wrongfully , then the Sheriff will not finde Buyers of the Defendants goods , by force of any Writ of Execution , which would be very inconvenient , and great delay of Executions , which are the fruit and life of every suit ; and where the words of the Writ of Fieri facias are , Ita quod habeas denarios , &c , they are but words of command to the Sheriffe to make returne , which if he do not , he shall be amerced , but the Execution shall stand in force .

Levari Facias what it is .

WE come to the seventh , which is a Levari facias , and it is onely to be levied upon the profits of the Lands and Tenements , and upon the goods of him that hath forfeited a Recognisance , &c. Register Orig. Register Origin fol. 298. b. 300. b. Plow. 441. fol. 298. b. 300. b. but he cannot seize the Land and deliver that to the party by this Writ , Plow. 441. and this ought to be sued within the year , after the day of payment to be made , by the Recognisance or after the Judgment , for after the year the Conusee or Plaintiff is now by the Statute of Westm. 2. cap. 45. to have a Stat. Westm. 2. cap. 45. Scire facias , whereby the Sheriff is commanded , that he give knowledge to the Defendant , that he appear at a day certain in the Chancery , there to shew what he can say , why he should not pay the debt or damages , and if he come not at the day , or do come and can say nothing why Execution ought not to be done , Fitz 266. c. then the Sheriff shall be commanded to do execution , Fitz. 266. c.

And if the Sheriffe upon this Writ returne that he Part of the sum levied , a Sicut alias Levari facias may issue out for the residue . Fitz. 265. h. hath levied part of the summ , viz. sixteen pounds part thereof which he hath delivered to the party , now upon this return , the party which ought to have the money , may have a Sicut , alias , Levari facias directed to the Sheriff to levy the Residue of the summ , Fitz. 265. h.

Of Habere facias seisinam , and Habere facias possessionem .

THere are other Writs of Execution , which are necessary to be treated of , viz.

1. Habere facias seisinam , and 2. Habere facias possessionem .

Co. 6. 51. F N B. 265. Westm. 2. c. 18. Which Executions are for recovery of Land in a real action ; as Cap. ad sat. fieri fac : and Elegit , are for Recovery of debt or damages in a personall action , Co. 6. 51. F N B. 265. West . 2. cap. 18.

And first of the Habere facias seisinan , which is a judicial Habere facias seisinam , what it is , and where it lies . Writ , and lieth where one hath recovered certain lands in the Kings Court , directed to the Sherif , commanding him , to put him in actual seisin of that Land , which is done by delivering a bough of a tree , or by a clod of the same land in the name of seisin , &c. and if the recovery be of a house , then the Sherif may put him in seisin , by delivering unto him the ring of a door ; or otherwise he may open the door , saying to him , Enter into the house , and take seisin thereof by vertue and force of the recovery . Perk. Sect. 206. 207. 208. F N. B. 220.

2. It is a Writ judicial , and lieth where one was evicted Habere facias possessionem , what it is , and where it lies . from his farm , and hath recovered it by Ejectione firmae , or quare ejecit infra terminum , it is directed to the Sheriff , to command him to put the Plaintiffe in actual possession , of the term again . The Sheriff in executing both these two Writs may break the house and deliver seisin and possession thereof to the Plaintif . But he cannot justifie the breaking a mans house , to execute a Cap. ad satisfac . or Fieri fac . But where the Protector is a party , there the Sheriff may justifie the breaking of the house to execute his Processe , if they cannot be executed otherwise , yet he must first request the opening of the door , and withall signifie F N B. 220. & 221. Co. 5. 91. 1. 6. 51 Dyer 278. the cause of his comming , F N B. 220. 221. Co. 5. 91. 6. 51. Dyer 278.

Some select Cases which have not been yet published in any Treatise of this nature , &c. concerning Returnes of Writs , where valid and good , and where insufficient .

Returne hath a threefold acceptation and how . THis word Return hath a triple acceptation , First as it is applied to the case of a Replevin , and here it is called Returno habendo . Secondly , it is applied to the dayes of appearance in every term . And thirdly , it is applied to Sherifs and Bailifs , and it is that which we are determined to handle . And it is a Certificate made by the Sherif or Bailif to the Court from whence the Writ issued . They ought to be very diligent in making true , certain , and perfect returns , subscribing their names to them , for if they make a false returne , the party endamaged thereby may have an action of the case against him that made such return . See Co. 5. 90. 11. 40. and 4. 67.

In Mich. term . 8. Jac. The words of a Return were Return of a Cepi corpus for one , and a Non est inventus for others , by one that was not Sheriff . Bulstrods Rep. first part fol. 70. Egerton against Morgan and others . these , viz. By vertue of this Writ to me directed , I have taken the body of E. M. whose body I have here ready in Court , at the day , &c. and as for the other two , they are not to be found in my Bayliwick ) And at the end of the return was set down , — The answer of S. H. &c. which S. H. at the time of the return , was not then officer to the Court , nor to the King , and so disabled to make a return , and therefore the return insufficient . The Writ was directed to the Sheriff , and so ought the Return to have been by the Sherif , for none can make a returne of a Writ , but such a person , who at the time of the returne remained an Officer to the Court. If the old Sheriff be removed before the day of the return , the new Sheriff is to make the return , and to this purpose is the book of 22 E. 4. fol. 33. and 34. in the case of a Writ of Error , to reverse a false Judgment given before the Major and Sheriffs in the Court at Coventry , and Co. 3. fol. 72. Westbyes Case , where it is Co. 3. 27. Westbyes case . resolved , that after the election of a new Sheriff , and before delivery over of the Prisoners to him , they do remain in the custody of the old Sheriff , and after the delivery of them over to the new Sheriff , he at the day of the return , ought to return Cepi corpus , but in this case the return by the new Sheriff before any delivery over of the Prisoners to him by the old Sheriff , is no return at all in Law . And the old Sheriff can now make no return , he being no Officer at all to the Court , but the new Sheriffe is the Officer to the Court , and ought to make his answer unto the Kings Writ to him directed , and he doth not here return a Cepi corpus , but only an indorsment in this manner , setting his hand also to the return , with this Postscript , viz. This Writ as it is above subscribed , I the An indorsment of Writs , as was received by the new Sheriffe , from the old Sheriffe . now present Sheriff , have received from my Predecessor the old Sheriff going out of his office , and this upon the matter is no return at all . Here the new Sheriff hath made a Return , but the same is not good , being but parcel of that which he ought to have returned . For as to the other two ; his return is , They are not to be found within my Bayliwick : this Return is not good , for he ought to have said , that those two , nor either of them were to be found . And it is said that the old Sheriff put his hand to the Writ , he was at that time out of his office , and so he was no Officer of the Court , and so it is in effect , as if he had not put his hand at all to the return , and , and so the return being as no return in Law , is meerly void .

Upon an Elegit , the Sheriff returned that to be executed , and the extent of the Church of S. Andrews , Surplusage no hurt to the return of a writ . Winch. Repor . fol. 27. alias S. Edes , and it was prayed , that the Sheriff might amend it , and make it Andrews only , for that was the true name , and the Court said that the alias dictus is surplusage , and will not hurt the return of the Writ , Winch. Rep. fol. 27.

A Writ of Proclamation upon the Exigent was returned A Proclamation upon Exigent returned by a Sheriff out of office , void . Rescous upon a Latitat , no good return . by the Sherif out of office at the time , upon which the Outlawry was adjudged void , Stat. 6. H. 8. Dyer , 103.

To return Rescous upon a Latitat is no good return , for the Sheriff might have had a Posse Comitatus aswell for the serving the same Processe as an Execution , 10 H. 7. 26. 33 H. 6. 1. 10 E. 4. 3. F N B. 102. Dyer 162.

Return by one Sheriffe where there are two , no good return . If a Writ be directed to a place where there are two Sheriffs , as London , York , &c. and one of them doth return the Writ , it is insufficient , for though one ( according to custome ) doth execute it , yet it must be returned in both their names , 21 Ass. 20. Br. Officer 22.

If the Sheriff upon a Capias ad satisfaciendum returneth Cepi corp . returned upon a Cap. ad sat . & hath not the body at the day , an escape , &c. Br. Ret. 107. In all Writs of execution ( except an Elegit ) no return is required . But an Elegit must be returnd . Co. 4. 67. 5. 90. a Cepi corpus , and hath not the body at the day , &c. he is chargeable for an escape . Or if upon a Fieri facias , he returneth a Fieri feci , and hath not the money at the day , &c. he is chargeable with the money . Br. Ret. 107. Yet in all Writs of Execution ( except an Elegit ) as upon a Cap. ad satisfac . Habere facias seisinam vel posessionem , Fieri fac . Liberate , &c. If the Execution be duly done , although the Writ never be returned or filed , it much matters not , if the Plaintiff have his demand , for then he hath no cause of further proceeds in it : But in case of an Elegit , because the Extent is to be made by an Enquest , and not by the Sheriff alone , that ought to be returned , otherwise it is invalid , Coo. 4. 67 , and 5. 90. But where no Enquest is to be taken , but onely Land to be delivered , or seisin had , or goods to be sold , which are but matters in fait , these are sufficient although the Writ be not returned , Co. 4 67. a.

To say that the party will not pay his fees , no reurn . It is no good return for the Sheriff to say , that the party will not pay his fee : ergo , he did not execute the Writ , 34 H. 6. Br. Ret. 10.

All Sheriffs and Bayliffs who have return of Writs The Sherif must set to his returns both his name of baptism and sir-name . Plo. 63. a. Imperfect returns corrigible . ought to set both their names of Baptisme and sir-names to their returnes . Plo. 63. a. so that the Court may know of whom they received such returns if necessity require : And this is by force of the Stat. of 12E 2. Cap. 5. Yet by the Stat. 18 Eliz. cap. 13. imperfect or insufficient returns of Sherifs are corrigble .

For the Sheriffe to fay that his Bayliffe will make no deliverance , no good return . Upon a Replevin , the Sheriffe returns , I have commanded the Bayliff of the Liberty of , &c who will make no deliverance , &c. these are no good returns , for the Sheriff himselfe ought to have entered the Franchise , and to have made deliverance of the Cattle , &c. Fitz. 68. f.

He shall not be charged for insufficient returns by Bayliffs of Liberties . He shall be amerced for the default of his Under-sheriff , County Clerk , or Bayliff , 38 Ass. p. 13. Br. 77. 1 R. 3. c. 4. But by the Stat. of 27 H. 8. c. 24. Amerciaments for insufficient returns of Writs , made by Bayliffs of Liberties shall be impos'd upon such Baylifs , and not upon the Sherifs .

Every return must exactly answer the writ . Every return ought to answer the Writ ( ad punctum ) and therefore where the Writ was , That you make known to the heires of the Lands and Tenements which were of A , &c. And the Sherif returned , That he made known to B. Esquire , sonne and heire of the said A , &c. which was not good , and assigned for Errour , &c. because Co. 3. 15. he did not return him heire of any Lands or Tenements , as the writ required ; for his writ was not to summon the heire of the said A , but the heire of the Lands and Tenements of the said A. Co. 3 , 15.

Sometimes the omission of words make the return invalid . 19 H. 6. Fitz. ret. 14. 3 H. 7. 11. a. Br. ret. 88. 34 H. 6. 49. Br. ret. 1 4. Co. 8. 127 , 128. Usually the omission of words make the return invalid , as where the returne was , The residue of this Writ appeares in a certaine schedule , &c. For , the residue of the Execution of this Writ ; this is insufficient and vitious , 19 H. 6. Fitz. Ret. 14. For by 3 H. 7. 11. a. Brook Ret. 88. the returne of the Sherif ought to be certaine to every intent , and he is obliged to take knowledge of the Law in making his returne : And therefore in a Scire facias to L. B. Master of the Free Grammer-school of Skipton , &c. and to the Scholars of the same , &c. he returned , That he made knowne to the Master , &c. And did not say , that he made known to L. B. Master , &c. And likewise he omitted Scholars , which return was insufficient and void . See Coo. 8. 127. 128.

Returne of rescous invalid , because he did not shew at what place it was done B. ret. 97. 10. E. 4. 15. The Sherif upon a Capias returned , that he arrested the Defendant at S. and would have carried him to the Goal , and that A. B. rescued him which return was holden invalid , because he did not shew at what place A B. made the rescue , for it shall not be intended the place where the arrest was , ret. 97.

No good returne where the Sherifs name is wanting , 9 E. 4 19. Br. 54. 11 H. 7. 10. a. b. Note that the word exacteth , amounts to as much as the within named . By the opinion of Iennie , 3 E. 4. If a Writ be returned , thus The answer of the Sheriff of C. and sheweth not the Sherifs name , it is no good return , 9 E. 4. 19. Br. 54 and by the 11 H. 7. 10. a. b. the name of the County ought to be entred in the margent or over the head of the return .

In a Scire facias , the Sherif returneth , I have made known to A. B. in manner and form as this Writ exacteth and requires , and said not , To the within named A. B. &c. and yet this was holden ( per curiam ) to be good : for note these words , as this writ exacteth , &c. doth amount to the within named , or the within mentioned , or written : See 2 H. 4. 13. and 3 H. 4. 9. Br. 28. Fitz. 44.

The Sherif amerced 20 l. be-because he did not take posse comitatus to execute a Hab. sac . seisin , &c. 8 E , 3. 12. Hil. 19 E. 2. Execution 147. Habere facias seisinam , Upon a grant and render , at the Plures the Sheriff did returne mandavi ballivo , who did nothing , because the parties to the Fine had nothing , and the Writ of covenant was not sued in the Liberty , nor came to him to be executed , upon which a non omittas was awarded , 8 E. 3. 12. upon the like writ , the Sherif returned , that he could do nothing by reason of the resistance of A B. & others , and he was amerced twenty marks , because he did not take posse comitatus , and an alias awarded , and also a Writ to attach A. B. who was taken , and pleaded not guilty , and prayed a Writ against the Sheriffe to answer his false return , Hil. 19 E. 2. Execution 147.

Waste was assigned in W. the returne must not be , What return upon Waste good , and what is not . That he came unto W. but , that he came to the place wasted , 27 H. 8. Br 2.

Return of a precept for writ , not good . The Sherif returned , That , by vertue of a Precept , &c. he took the body of A. B. &c. and exception was taken because the return was not , by vertue of a Writ , &c. yet it was holden to be a sufficient return , for the Sherif may take one in Westminster Hall by the mandate of the Justices without any Writ .

No good return , Fitz. 19. The Sherif returned , I have not found the party , &c. for , he is not to be found ; and the party thereupon outlawed , assigned this for Error , and not to be amended , Fitz 19.

A return by the Sheriff in the 3. person , no good return . False imprison . lies against the Sheriff for not returning a Capias in processe , &c. But otherwise in a Cap. ad sat . &c. The Sheriff returned , that he hath commanded the Bayliff of Slaincliff , in the third person , for , I have commanded the Bailiff , &c. in the first person , and was amerced for it , 21. Ass. 17.

Co. 5. 90. If a Sherif do not return a Capias in Processe , the arrest is tortious , and an action of false imprisonment lieth against him , by him that was arrested ; and likewise the Plaintif shall have an action against him , Littleton , 18. E. 4. 9. Br. Trespass 339. Br. false imprisonment , 5. 7. & 12. But if a Capias ad satisfaciendum be not returned , it is sufficient , if the execution be duly executed , and the Plaintif satisfied , yet if he levy the money or debt , but neither returneth the Writ , nor payeth the money to the Plaintif , he is chargeable to the Plaintif in an action of accompt , &c. and to the Defendant in an action of trespass , Co. 5. 90. And the Plaintif may have his Execution renewed against the Defendant and the Defendant is left to his action against the Sherif .

Where one hath a liberty to return writs , the Sheriff cannot enter , to make Execut. of any processe . In a Scire sac . &c. the Sherif must returne the names of the Sūmoners , &c. Where a man hath liberty to return Writs , ( as in the Honour of Pontefract in Yorkshire , &c. ) and to execute them , &c. if there the Sherif or his Officer , shall enter the Liberty , and execute any processe there , the Lord of the Liberty , shall have an action of the case against him , Fitz. 95. b.

In a Scire facias to execute a Judgment or Fine , the Sherif must return the names of the Summoners , 3 H. 7. 8. Br. Ret. 86.

Upon the return of a Jury , he is to return issues upon every person impannelled , and returned by him , ibidem .

The Sherif may take Posse comit . upon a Replevin . Upon a Replevin the Sherif returned , that the cattel were in such a strong place , that he could not make deliverance , for which return he was amerced , because he might have taken Posse comitatus , and so made deliverance , Br. 119. or if he should return a resistance , the like , 13. E. 3. c. 39.

A Scire sacias against a husband and his wife , to say they are divorced ; no good return . A Fi. fa. against Execut. no good return , to say the goods were sold , before the writ purchased . Nulla bona returned upon a Fieri fa. against Executors . An enquiry of waste , and found that divers goods were wasted , upon which a scire sacias awarded , and upon 3 Nihil returned Execution awarded . In a Scire facias against the Husband and Wife , the Sherif returneth that they are divorced , and therefore amercied ; for Persons that are divorced may have garnishment , quaere & vide , 1 H. 6. 2. Br. 63.

Upon a Fieri fac . against Executors , the Sheriff returneth that they had sold the goods of the party deceased , before the Writ purchased , &c. for which he was amerced , for he should have taken other goods of the Executors , to the value thereof , &c. 14 H. 4. 12. Br. 41.

Upon a Fieri fac . against Executors , the Sheriff returned nulla bona , &c. and upon this return an entry was made in the Roll , because that testatum est , that the Executors had sold divers goods of the Testator , and converted the money to their own use , a Writ was awarded to the Sherif , to enquire by the oaths of good men of his Bailiwick what goods ( which were the Testators the day of his death ) were wasted by the Executors , by force of which Writ , the Sherif had an Inquisition , by which it was found , that divers goods of the Testator , to the value of the debt recovered , were wasted by the Executors ; And this was returned in Court , upon which the Plaintif sued a Scire facias , against the Defendant to shew cause wherefore execution should not be awarded against the defendant of his own proper goods , And upon two Nihils the Court awarded Execution , Co. 5. 32.

Outlawry returned in London , where not good . An Outlawry returned in London in these words ; At the Hustings holden in Guild Hall in the City of London ( such a day ) A. B. exacted was and appeared not this is no good return : because there are two Hustings in London , the one of Common Pleas , the other is of Pleas of Land , and therefore in such case , the return must be , at the Hustings of the Common Pleas , &c. otherwise it is invalid , for that the same may have double intendment .

An Exigent was returned , At my County held at The County omitted in the return of an Exigent erroneous the Castle of Y. the first time exacted was , &c. And because the County was not set downe , it was holden erroneous .

Vpon Exigent returned , that the party hath rendered himselfe , and not so , not good . If the Sheriffe returne that the party hath rendered himselfe upon the Exigent , and hath not the body , he shall be amerced .

Cepi corp. upon a Capias ad satisfac . and not so , erroneous . If the Sheriffe return a Cepi Corpus upon a Capias ad satisfaciendum , and hath not the body , he shall not only be amerced , but the Plaintiff may have his Action against the Sheriff for an escape , for so is he concluded by his return . Br. ret. 107.

Process against the husband and wife , and the wife appeares not at the day , not good . If upon processe against the Husband and Wife , and the Sherif returns that he hath taken them , and the husband appears at the day , but not the wife , the Sherif shall be amerced .

Vpon an enquiry of damages , return of damages , no hurt to the sheriffe , and why ? &c. Upon a Writ to enquire of Damages , the Sherif returneth that the Enquest or Jury , gave or found no damages , the Sherif shall not be amerced for this default of the Jury ; for the Sherif is but amerced where he returneth the Writ falsely or insufficiently of himselfe , whereas here he returned it , as the Jury had presented it , 44 E. 3. 3. Br. 20.

If the Sherif in a writ of Account or Debt , shall Vpon account or debt , where the sheriffe returns no lands found , &c. and he had lands , &c. not good . returne upon one , that he is not found , nor hath lands , &c. by which he may be distrained , &c. whereupon a Capias is awarded against him , and he thereupon taken , whereas he had sufficient lands , or goods and chattels , then the party may have his action upon the Case against the Sherif ( directed to the Coroners ) for such false return .

It is not good to returne upon a Replevin , that To say upon a Repleyin that there is no goods , &c. not good . The like in Detinue , &c. Or upon Hab. fac . seisinam . there is no such goods or chattels , 5 H. 7. 27. Or in a writ to deliver goods upon a Detinue , it is insufficient to say , that there are no such goods . Or upon a Habere fac . seisin . that there is no such lands . Ibid.

If the Sheriffe returne upon any person , I have If the sheriff return Cepi corp . he shall be chargeable with the body at the day of the return . taken the body of , &c. or he hath rendered himselfe , &c. the Sheriffe shall be charged to have the bodies of the said persons at the dayes of the Returns , or the Writs of Precepts , &c. 23 H. 6. Cap. 10. And so was the pristine Common Law of this Nation .

Note . Note that all processe against any person , directed to the Sheriffe , ought to be duely and truly executed fifteen dayes before the return of the Writ , Br. attach . Br. attach . 156. 15. 6. and returned into such Courts , out of which such processe shall be awarded

I shall not trouble you with many formes of Returnes , being already amply performed by Master Kitching in his Jurisdiction of Courts , onely take these few select ones which follow .

The return of a Non est inventus . THe within named A. B. is not found in my Bayliwick .

R. S. Esq sheriff .

The returne of a Cepi corpus in the Common Pl. By vertue of this Writ I have taken the body of the within named A. B. whose body before the Justices within mentioned , at theday and place within contained , I have ready as within it is commanded .

R. S. Esq sheriff .

The returne of a Cepi corpus in the upper Bench. By vertue of this Writ I have taken the body of the within named , whose body before his Highnesse at the day and place within contained I haye ready , &c. as within it is commanded .

R. S. Esq sherriff .

The return of a Cepi corp. and non est invent . By vertue of this Writ I have taken the body of the within named A. B. whose body before the Justices within mentioned , at the day and place within mentioned , I have ready as within it is commanded . And I further certifie the same Justices that the other Defendants are not found in my Bayliwick .

R. S. Esq Sheriff .

The return of a Cep . Corp. & languidus in prisona . By vertue of this Writ I have taken the body of the within named A. B. whose body remaineth so sicke , weake and infirme in prison under my custody , that for fear of the death of the same A. B. his body before the Justices within mentioned , at the day and place within contained I cannot have , as by this Writ it is commanded .

R. S. Esq Sheriff .

The returne of a mandavi Ballivo libertatis , where the Bailif maketh no return of the sheriffs warrant , or where he makes an insufficient returne . For the execution of this Writ to me directed to be done , I have commanded the Baylif of the liberties of the hundred of B. in my County of Suff. who hath full execution of all Writs , Warrants , Mandats , and Precepts executable within the said Libertie and retorne thereof ; within which Liberty the execution of this Writ wholly resteth to be done ; which Bailif ( to wit ) I. W. Knight ( if there be no retorne of the Sherifs warrant , or an insufficient retorne made , then thus scil. ) hath given me no answer .

And also where he returneth to the sheriffe he hath taken the body & the like , in case the Bayliff returneth a languidus in prisona , or as he shall certifie the sheriffe by his retorne . But if the Bailif of the Liberty retorne that he hath taken the body of C. D. then thus ( scil. ) answereth me that he hath taken the body of the within named C. D. whose body before the Justices within mentioned , at the day and place within contained he hath ready , as by this writ it is commanded .

R. S. Esq Sherif .

The return of a Scire fac . where a Scire fac . is returned . By vertue of this Writ to me directed by T. G. and J. H. honest and lawfull men of my Bailiwick , I have given notice to the within named A. B. that he be before the Justices within mentioned , at the day and place within contained to shew , &c. as within it is commanded .

R. S. Esq Sherif .

The return of a Nihil to a sc. fa. The within named A. B. hath nothing in my Bailiwick by which I may give him notice , neither is he found in the same .

R. S. Esq Sheriff .

Return Scir . fa. for one , and Nihil for the other . By vertue of this Writ to me directed by T. G. and I. H. honest and lawfull men of my Bayliwick I have given notice to the within named A. B. that he be before the Justices within mentioned , at the day and place within contained , to shew , &c. As within it is commanded : And I further certifie the same Justices that the other Defendant hath nothing in my Bayliwick by which I may give him notice , neither is he found in the same .

R. S. Esq Sherif .

The return of and Attachm●●t and Proclam . in Chancery . The within named A. B. is not found in my Bayliwick ; And in all places within my Bayliwick ; as well within Liberties as without , I have made publique proclamation that the above named A. B. personally appeare before his Highness in the high Court of Chancery at the day and place within contained , to answer his Highnesse touching a contempt , and further to do and receive what the said Court shall thinke fit in this behalfe , as by this Writ I am commanded .

R. S. Esq Sheriff .

A Nihil r. of a Ven. fac . upon an Indictment , presentment , or information . A summons returnd of the like . The within named A. B. hath nothing in my Bayliwick by which he may be attached .

R. S. Esq Sheriff .

The within named A. B. is attached by pledges . Iohn Doo . and Rich. Roo .

R. S. Esq Sheriff .

The return of a distrng . nup. vic . or Balliv . The Manucaptorie of the within named A. B. Iohn Doo . & Rioh : Roo .

Issues — 10 s. R. S. Esq Sheriff .

The return of a Ven. fac . jur . The execution of this Writ appeareth in a certaine pannel to this Writ annexed ,

R. S. Esq Sherif .

The pannell . The names of the Jurors between A. B. Plaintif , and C. D. Defendant , of a plea of Trespasse .

E. F. of G. Gent. H. I. of the same . K. L. of M. And so to the number of 24. Every of the said Jurors is severally attached by pledges Io: Doo . & Ric. Roo . R. S. Esq Sherif .

The return of a distringas or a Hab. cor. jur . The execution of this writ appeareth in a certaine pannel to this writ annexed .

R. S. Esq Sherif .

The names of the Jurors between A B. Plaintif , and C D. Defendant of a plea of Trespasse .

E : F : of G Gent: H : I : of the same . K. L : of M: And so to the number mentioned in the writ . Every of the said Jurors is severally attached by pledges Iohn Doo . & Rich: Roo . Issues of every of them 10 s. R. S. Esq Sherif .

They of an Exigent where one bringeth a sup: one rendereth himselfe , the other appeareth not . At my County of N. held at L. in the said County of N. the 8th day of Ian : in the year of our Lord , 1658. the within named A : B : C : D : and E : F : were the first time called and did not appear . And at my County Court there held the first day of Feb: in the same yeare 1658. they were the second time called , and appeared not : And at my county Court there held the first day of March in the foresaid year 1658. they were the third time called , & appeared not : And at my county Court there held the 2d day of April , in the year of our Lord 1659. they were the fourth time called and appeared not : And at my County Court there held the first day of May in the year 1659. abovesaid , they were the fith time called , and the above named A. B. brought me his Highnesse Writ of Supersedeas , which I have to this writ annexed , therefore against him the said A. B. I could no further proceed . And the above named C. D. rendred himself into my custody , whose body before the Justices within mentioned at the day and place within contained I have ready , as within it is commanded : And the above named E F. did not appeare ; therefore by the judgement of J K. & L M. Gent. Coroners of the County aforesaid , the aforesaid E E. is outlawed .

R. S. Esq Sherif .

The returne of a Proclamation . At my County Court of N. held at L. in the County of N. the 1. day of Feb. in the year of our Lord 1658 And at the general Sessions of the publique peace held at , G. the 20 day of Apr. in the aforesaid year the 2 day of April , in the yeare of our Lord 1659. And at the most usuall door of the Parish Church of c. within written , on Sunday the 10 of April , 1659. abovesaid , I made publique proclamation , as within it is commanded .

R. S. Esq Sherif .

The return of an Allocat . There being four County Courts allowed , at which the within named A B. C D. & E F. were foure times called , & appeared now . Now at my County Court of N. held at L. in the said County of N. the above named A B. C D. & E F. were the first time called , and appeared not ; therefore by the judgement of I : K : and L : M : Gent. Coronors of the County , they are , and every of them is outlawed .

R. S. Esq Sherif .

Returne of a Tarde . This Writ was so lately delivered me , that by reason of the shortness of time I could not do due execution thereof according to the Exigence of the same .

R. S. Esq Sherif .

The within named A. B. was taken by R. C. Knight The Return of a Hab. cor . where the def. was taken by a former Sherif . The return of a pone . and Baronet , late Sheriff of my County of N. and not by me now Sheriff of the same County .

R. S. Esquire , Sherif .

By vertue of this writ to me directed , I have before the Justices within mentioned at the day and place within contained the Plaint which is in my County Court by his Highnesse Writ between the within named parties , under the seals of A B. C D. E F. and G H. four lawfull men of my said County present at that Record , as appeareth in a certain Scedule to this Writ annexed ; And have given notice to the within named I. K. that he may be then there ready to prosecute his plaint thereof against the within named T. W. And also I have there the other Writ to this Writ and Scedule annexed .

I. G. Esquire , Sherif .

The Schedule . S. ss . At my County Court held at I. in my said County the 11. day of in the year of our Lord , 1657.

ss. I. K. complaineth against T. W. of a plea of Debt .

I. G. Esquire , Sheriff .

Return of a Sci. sa . for the releas of prisoners . By vertue of this Writ by C D. and F G. honest and lawfull men of my Bailiwick , I have given notice to the within named L S. I. L. &c. that they be before his Highnesse at the day and place within contained to shew , &c. Why the within named R R. should not be inlarged out of prison according to the act ; &c. As within it was commanded . I. G. Esquire , Sherif .

Return of Nihil to a Scir . fac . against the heir and ter-tenants . The within named G. S. hath nothing in my Bailiwick , whereby I can give him notice , neither is he found in the same , neither are there any tenants or tenant of any Lands or Tenements which were of the within named W. on the within written day of the Judgment within given or at any times afterwards in my Bailiwick , unto whom I may give notice , as this writ doth require .

I. G. Esquire , Sherif . Jo. Doo , and Ric: Roo . Anth. Sharp , and Rich. Sharp .

And at the most usual Church-door of the Parish of D. where the within named A. B. inhabiteth , upon the Lords day , ( to wit ) the 4. day of Iu. in the year within written , immediatly after divine service in the same Church ended , I made publick Proclamation according to the form of the Statute , &c.

R. S. Esq Sherif .

By vertue of this Writ to me directed the 26. day of The return of a Cap. in manus grand Cape in Dower . A. in the year within written , I have taken into the hands of his Highness the Lord Protector by the view of H. R. and T. R. honest and lawfull men of my Bailiwick , the third part of the Messuage , Lands and Tenements within mentioned , with the appurtenances As within it is commanded .

Jo. Den. and Ric. Fen. R. S. Esquire , Sherif .
Jo. Doo . and Rich , Roo . The returne of a Summons , upon an originall against an heir . I. W. and E. W. R. S. Esquire , Sherif .

By vertue of this Writ I have caused to be delivered The returne of Hab. fac . possessionem , & cap. Where Iudgment is signed with costs . to the said A. B. his possession of his term within specified of the Messuage , Lands , and Tenements within specified . And also have taken the body of the within named C. D whose body before the Justices within written , at the day and place within contained I have ready , as within it is commanded .

And where the Defendant is not found , then close thus : And I further certifie the Justices within specified , that the within named C. D. is not found in my Bailiwick .

R. S. Esquire Sherif .

The returne of a Liberate out of Chancery . By vertue of this Writ , I have delivered to the within named I G. the Mannors , Messuages , Parks , Woods , and all and singular the Lands and Tenements , with the appurtenances within mentioned , To hold to him and his assigns as his Freehold , until he shall be fully satisfied of his debt within mentioned , with his damages , charges , and expences , reasonably sustained , as by this Writ it is commanded , And I further hereby certifie his Highness , that the within named R. W. is not found in my Bailiwick .

R. S. Esquire Sherif .

By vertue of this Writ to me directed , in form within The return of an Acced . ad cur . written in full Court I recorded the Plaint within mentioned , And that Record as it appeareth in a Scedule to this Writ annexed , I have before the Justices within written at the day and place within contained , under my seal , and the seals of R C. M C. T Y. and R E. four honest and lawfull men of my Bailiwick of those which were there present at that Record : And I have prefixed the same day to the parties within written , that then they may be there ready to proceed in the said plaint , as shall be just according to the exigence of this Writ .

R. S. Esquire , Sheriff .

The Scedule . B. ss . At the Hundred Court of B. holden at C. the 12. day of A. in the year of our Lord 1658. in the said Hundred before I. K. and L M. free Suitors of the same Hundred .

B. ss. A B complaineth against C D. of a plea of taking , and unjust detaining of his goods and chattels .

R. S. Esquire Sherif .

The returne of a Re. sa . lo. By vertue of this Writ to me directed in my full County Court of N. held at N. in my said County the 12. day of A. in the year of our Lord 1648. I caused the Plaint to be recorded between the parties within written , whereof within is made mention : which plaint appeareth in a certain Scedule to this Writ annexed ; And I have that Record ready before the Justices within mentioned at the day and place within contained under my seal , and the Seals of W H. L E. I B. and T C. four lawfull freeholders of the same County of those which were present at that Record ; and I have prefixed the same day to the parties within written , that they be then there ready to proceed in the said plaint as shall be just according to the exigence of this Writ . R. S. Esquire , Sheriff .

The Scedule . N. ss . At my County Court of N. held at I. within the said County the 12. day of A. in the year of our Lord 1658. before I G. H K. Freeholders of the same County amongst other things it is thus contained .

N. ss. F I. doth complain against F. S. of a plea of taking and unjustly detaining of his cattel .

R. S. Esquire , Sheriff .

Returne averia . elongat . and Cepi corpus for damages . Before the coming of this Writ the within mentioned Mare was by the within named G H. conveyed unto places unknown to me , so that I could not cause return of the said Mare to be made to the within named I N. and H. as within it is commanded , and I hereby further certifie the within mentioned Justices , that by vertue of this Writ I have taken the body of the within named G H. whose body before the said Justices at the day and place within contained I have ready , as within it is commanded .

R. S. Esquire , Sheriff .

The writ . The execution of this Wtit appeareth in a certain Scedule hereunto annexed .

R. S. Esquire , Sheriff .

The Scedule . By vertue of this writ to me directed , and to this Scedule annexed , I made a certain Warrant to one W R. my Bailiff , to arrest and take I S. in the said Writ named ; My which Bailiff , by vertue of my aforesaid The returne of a rescous . Warrant , the 11. day of February in the year of our Lord 1658. within written at B. in my County arrested and took the body of the aforesaid I S. as by my Warrant he was commanded , and him the said Iohn so arrested , taken , and in my custody as aforesaid , under the aforesaid arrest being , one G. S. of B. aforesaid , together with the aforesaid Iohn Spalding by force and armes , that is to say , with staves , pitchforks , and knives upon him the said W. R. my Bayliff , then and there did make an assault , and him did beat , wound , and evilly handle , so that it was despaired of his life : And the aforesaid G. S. him the said I. S. so as aforesaid under the foresaid arrest being out of my custody , then and there tooke and rescued , and of his owne right suffered him to go at large . And the same I. S. so as aforesaid under arrest being , out of my Custody , The custody of my said Bayliff . then and there likewise rescued himselfe against the publique peace : And afterwards the same Iohn is not found in my Bayliwick .

R. S. Esq Sheriff .
Returne of Jurors .

If two sufficient hundredors do appear it is suffi-Stat . 27. Eliz. cap. 6. HEe must returne sixe Jurors where the Venue lyeth , if there be so many within the Hundred , viz. within the place where the demand is made ; yet by the Stat. 27 Eliz. cap. 6. upon the tryall of an issue joyned in any personall action , if two sufficient hundreders do appear it is sufficient : He must return their names , and a true addition of their dwelling places , or some other addition by which the party may be known .

None are to be returned above the age of 17 years , &c. 21 E. 1. None shall be impanel led out of their proper County , except , &c. No persons are to be returned above the age of 7 yeares , nor persons of a languishing sicknesse or disease at the time of their summons , no Alien Infant under the age of fourteen , Clergy men or Ministers : Lamb. 382. Fitz. 165. d. 166. a. d.

None shall be impannelled upon a Jury for tryall of any matter out of their proper County , except such Jurors may spend in Lands and Tenements 5 l. per annum , nor to try any matter within the County , except they have in Lands and Tenements 40 s. per ann . of estate of Free-hold within the County where the Issue is to be levyed . F. N. B. 166. d. F. N. B. 166. d. But after . the Statute 27 Eliz. cap. 6. None to be returned but such as have 4 l. per ann . None are to be returned for the tryall of any Issue in the upper Bench , Common Pleas , Exchequer , or before the Justices of Assize , but such as have estate of Free-hold in Lands , Tenement or Hereditaments of the clear yearly value of 4l . at least , out of Ancient Demesne .

Though the current of the Venire facias be but to 24 Iurors must be returned , otherwise error . Co. 5. 36. & 37. returne Duodecem bonos & legales homines , yet must he returne twenty and four ; if he return but three and twenty , and 12 appear and give their verdict , this is Errour , Coo. 5. 36. & 37.

He is to summon and returne the Grand Iury to the He must summon the grand Iuries to the Assizes , and Iuries for the quarter sessions , &c. Assizes , and the Juries for the Quarter Sessions of the peace , and is to array his pannell sixe dayes ( at the least ) for the speciall Assizes , and before the sessions of the Justices , so that view and copies of the pannels may be had if they be required ; which copies must be indented by the Sheriff , and delivered to the Plaintifs , Defendants , or Tenants .

Upon an Indictment he ought to returne none but None must be returned upon an Indictment but , &c. probi & legales homines . probi & legales homines ; viz. such as are not attaint by Law , Decies tantum , subornation of perjury , concealment , such as are not outlawed , abjured , condemned in a Premunire , or attaint of Treason , felony , &c. 11 H. 4. cap. 9.

Return of Issues .

He must returne good Issues . HE is to returne good sufficient and reasonable Issues , and upon such persons as have sufficient goods and lands according to the Stat. of Westminst. 2. cap. 39. & E. 3. cap. 5.

Of Escapes , and what damage doth occur to the Sheriffe by them .

The sheriff must elect an honest Gaoler . THe Sheriffe ought to be very cautious in electing a vigilant and honest Gaoler , and such a one as is able to give sufficient security , for his indempnity and true performance of his office , and to answer all escapes ; for of all the Officers that appertain to the Sherif , the Gaoler ought to be most circumspect , otherwise many escapes would happen . And first , to define what an Escape is .

What an Escape is . It is ( here to be understood ) where one that is arrested and imprisoned in the common Gaol of the county , and cometh to his liberty before that he is delivered by the award of any Justices , or by order of Law . If For felony , it is felony in him that suffers the Escape , &c. the imprisonment of him that escaped were for felony , then that shall be felony in him that did voluntarily ( not otherwise ) suffer the escape , and if for treason , then it shall be treason in him ; and if trespasse then trespasse , &c.

If a prisoner escape , yet upon fresh suit , and taken , he shall be in execution . Although the prisoner which escapes be out of the view , yet if fresh suit be made , and he be reprised in recenti insequtione , he shall be in execution , otherwise , at the turning of a corner , or by an entry of an house , or by any other such meanes the prisoner may be out of view . Co. 3. Rep. Rigweys Case .

If the Sheriffe doth assent , that one who is in execution , Co. 3. Boytons Case . Idem sup. Lit. fo. 260. 13 E. 1. c. 11. 2 R. 2. c. 12. Plowd , 360. a. and under their custody , shall goe out of the Goal for a while , and then return , although that he returne in the time , yet this is an escape ; for the Sheriffe ought to guard him in salva et arcta custodia , and the Statute of Westm. 2. c. 11. saith , quod carceri mancipentur in ferris . So that the Sheriff may keep such as are in Execution in yrons and fetters , till they have satisfied their Creditors .

It is adjudged , if one be in Execution , no commandement The Protector cannot command without writ , to free a man , &c. although of the Protector himselfe without writ , is a sufficient warrant to discharge the Gaoler , and so by the same reason shall not discharge the Sheriff .

Where the Sheriffe dyeth , and one in Execution , If the sheriff dye and one breaks the gaole , no escape , &c. breaketh the Gaole , and goeth at large , this is no escape ; for when a Sheriff dyeth , all the prisoners are in the custody of the Law , untill the election of a new Sheriffe .

If a woman be Warden of the Fleet , and a prisoner If a woman gaoler marry a prisoner , adjudged an escape . Plow . com Plats case . It is no escape , if prisoners be removed out of the County , that they may be removed to another place within the same County ; but not for their ease , for then it is an escape . Mich. 3. Car. com . Banc. in the Fleet marrieth her , this shall be judged an escape in the woman , and the Law judgeth the prisoner to be at large . Plow . Comment. Plats case .

If the Sheriff remove his prisoners out of the County without being commanded , it is an escape . But if he remove them from one place to another in his County as he changes his Gaole , it is no escape ; but if he remove his prisoners for their ease and delight in the same County , it is an escape . As the case was cited by Harvey , Mich. 3. Char. Com. Banc. That the Sheriffe went with his prisoner to a Beare-baiting in the same County , and it was adjudged an escape . And Hutton Justice said , that if a Sheriffe permit his prisoners to go to worke for their benefit , it is an escape . And the question was , if in an Audita Querela for a voluntary escape of one in Execution , there should be bayle ; And the opinion of the Court was , That if it appeares , that the cause upon which the Audita Querela is grounded , is called a good proof by the Record , and that he should not be bayled , unless good and speciall bayl .

If a prisoner of his owne wrong escape and flye into The sheriff upon fresh suit may take a prisoner in another coun. No felony in the Gaorler to kill a prisoner that attempteth to escape , &c. another County , the Sheriffe or his Officers upon fresh suite may take him againe . See Daltons office of Sheriffs .

If a prisoner in the Gaole attempteth to escape , and having broken his yrons , striketh the Gaoler ( coming in the night to his prisoner ) and the Gaoler slayeth him , it is no felony , 22 Ass. 35.

All that come into the Gaol , as prisoners , ought bar . plac . 253. An Action of Debt was brought against a Gaoler for an Escape , who said that the Sheriff did not deliver him lawfully to him ; And it was therefore ruled , 13 Edw. 3. Fitz. tit . Barr. plac . 253. That to be kept in salva & arcta custodia . 13 E. 3. Fitz tit . he shall not take benefit , nor any notice whether he was lawfully delivered to him in Execution , or not ? But he being once in his custody , he ought to keepe him in arcta & salva custodia , subpoena salva for the Gaoler , and arcta for the party , the Plaintiff , the party by this being coarcted to pay the debt .

Mich. 12 Jac. One taken upon a Capias by a wrong name , &c. a Testat issued out against him by his right name , and was taken in Exec. & suffered him to escape , and the sheriff was judged answerable for the escape . Mich. 12 Jac. An action upon the Case was brought against the Sheriffe of N. for an escape upon Not guilty pleaded , all the speciall matter was found and shewed to the Court , which was this ; That a Capias did issue to the Sheriffe to take one ( Iohn ) which was by a wrong name , and the Sheriffe returned a Non est Inventus , and upon this a Testatum issued out to him , and therein named him by his right name ; Upon this the Sheriffe tooke him , and had him in Execution , and afterwards suffered him to escape . The whole Court agreed , that the Sheriffe is answerable for this escape , notwithstanding the first Capias was by a wrong name , for he was taken and suffered to escape ; here , upon Not guilty pleaded , the special matter was found , and shewed that the first Capias was by a wrong name ; yet the Court was cleer of opinion , that he being taken , and in Execution by his right name , though the first Capias was erroneous , and not right , the Sheriffe shall be chargeable for this escape clearly , and so by the rule of the Court judgement was given for the Plaintif .

I thinke it very pertinent to our subject matter , ( and 't is well worth observation ) to transcribe Whitings Case against Sir George Reynell , Marshall of the Kings Bench , in the second part of Crooks Crook 2 f. 657. & 658. Whitings Case . A mans wife taken in Execution , & suffered to go at large before the debt satisfied , adjudged an escape . Reports , fol. 657. and 658. viz. Debt for 202 pounds , whereas he recovered against Thomas Abingdon , and Mary his Wife , in trespasse for damages , 202 pounds , and the said Mary was committed in Execution to the Defendant upon this Judgement ; That the Defendant , 24 Novemb. 16 lac . suffered her to goe at large whither she would , his debt not being satisfied , per quod actio accrevit . The Defendant pleaded , That she brake Prison and escaped , and freshly followed her and took her again , 21 Octob. 17 Iac. in fresh suit , and had her in Execution , and yet hath her , &c. Whereupon the Plaintif demurred : And it was now angued , that this plea was not good , because the escape is alleadged 24 Novemb. 16. Jac. and the Action is brought Pasch. 17 Iac. And this reprisall is alleaged a yeare after the escape , and after the Action brought . For it was alleaged , although A reprisall by fresh suit before the action brought , excusable ; but a reprisal after the action brought , no excuse . a reprisall by fresh suit ( if it had been before the action brought ) would peradventure have excused him ; yet being after the Action brought , so as the Plaintif at the time of the Action brought had good cause to have the Action , the Reprisall after shall not excuse him : and compared it to waste brought for Reparations , which is amended pendant the Writ , it shall not excuse him . So here .

And in proof thereof were cited , Coo. 3. fol. 52. Coo. 3. fol. 52. Ridgleys Case . 23 E 4. 8. 13 E. 3. tit . bar . 253. Ridgeleyes case . 23 E. 4. 8. 13 Edw. 3. tit Barr. 253. But against this it was argued , That this reprisall , being alleaged to be by fresh suite , and before the plea pleaded , is good for the time , and he shall take advantage thereof to excuse the Escape : For it is upon the matter no escape , when shee was re-taken by fresh suit ; for that is a continuall pursuit , and the Law shall adjuge her in prison always . And it is not like the case of Waste ; For there nothing was done after the Waste committed , before the Action ; and the Reparation hath not any relation , nor is the continuance of any former Act : but this Reprisall hath relation , and makes it no escape , ab initio . As a Distresse taken for Rent , and rescued , and driven into another Mannor , which is pursued and re-taken , the party shall make his Avowry of the taking in the first place . So here . And it would otherwise be a great mischiese , if an Escape should be against the wills of Sheriffs , or keepers of Prisons , by breach of prison , or rescuing themselves before they be brought to prison , or in their going thither ; and the prisoners be reprised within two or three dayes , That an Action should be brought in the Interim against the Gaoler , and that this Reprisall ( when he hath the prisoner before the plea ) should not be an excuse , especially to the Marshall , who hath multitude of prisoners , and every day is to bring them unto the Hall by Habeas Corpus , or Rules of Court : If peradventure a Prisoner escapes , and an Action be brought against the Marshall the same day , before he can have any time to retake him ; If he should not be excused by the re-taking , hee would be charged with a multitude of suits , and could not have any remedy to excuse him . And therefore it was compared to the pleading of a Fine levyed before the Writ of Formedon , and Proclamations incurred , pendant the Writ , before the plea pleaded , he well may take advantage thereof by pleading it , although when the Writ was brought , it was not compleat , nor could be pleaded , Vide 6 H. 7. 12. 6 H. 7. 12.

Secondly , it was moved , admitting this to be no plea , yet the Action lyes not here , because the Escape is of a Feme Covert , where her Baron is subject to the Execution : So the Plaintiffe hath not lost his debt ; for by intendment she might not have payd it , if shee had layne in prison ; For shee had nothing but what was her Husbands , and the Execution remaines yet against him .

Therefore Action of Debt lyes not , because he is not totally deprived of his Debt , but an Action upon the Case in respect of the damage .

Stat. 1 R. 2. And therefore it was said , If one have Execution of a Statute of the Lands , Goods , and Body , &c. and the prisoner escapes ; Yet because the Lands remaine in Execution , debt lyes not for the Escape , but an Action upon the Case : For at the Common Law , an Action of Debt was not maintainable for an Escape ; but it is given by the Statute of 1 Richard 2. where the Debtor escapes . But here the sole and principall Debtor did not escape ; for the Baron is the Principall and remained subject to the Execution . vide 33 H. 6. 47. N. Br. 93. Regist. fo. 98. 33 H. 6. 47 F. N. B 93. Regist. fo. 98. 4 H. 6. 6. 4 H. 6. 6.

Wherefore , &c. But the Court held , that it was not any plea , because the Action is brought , and implyes a voluntary permission , ire ad largum , which is neither denyed or traversed . And if the Sheriffe voluntarily lets a prisoner at large , he cannot re-take him . And so this Reprisall , as is alleaged , being after the Action brought , is to no purpose , nor is any plea. And for the Action of Debt , they held , that it well enough lyes , or an Action upon the Case at his pleasure ; Because the Feme was onely committed to prison , and not the Baron : And shee is the sole Debtor , who is imprisoned , wherefore it was adjudged for the Plaintiff .

Note . But note , in as much as Escapes are so penall to Sheriffes , Bayliffs of Liberties , and Gaolers , the reverend Judges of the Law have alwayes made a favourable construction as much as the Law will permit in favour of the Sheriffes , Bayliffs of Liberties , and Gaolers , who are Officers and Ministers Co. 3. 44. of Justice . Co. 3. 44.

What bayle is . Co. super Lit. lib. 1. c. 10. Sect. 79. Of Bayle what it is ? And where the Sheriffe may take Bayle , and where not .

BAILE or Ballium is a safe keeping or protection , and thereupon we say , when a man upon surety is delivered out of prison , traditur in ballium , hee is delivered into bayle , viz. Into their safe keeping , or protection from prison before that he hath satisfied the Law , it hath its originall or derivation from the French word Bailler , and that also cometh from the Greeke word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , they both signifie to deliver into hand ; For he that is bayled , is taken out of a Prison , and delivered into the hands of his Friends , who are his Sureties for his appearance at a certaine day , to answer , and be justified by the Law .

Any person making a warrant , &c. without origi al process , upon examin . &c. shall be committed without bail , &c. 43 Eliz. cap. 6. Sheriffs , Under-sheriffs , or other persons , making any warrant for the summons , arresting or attaching any person to appeare in any Court , not having the originall Processe or Writ to warrant it , upon examination , and proofe thereof before the Judges of Assize , or Judges of the Court , &c. such offender and their procurers shall be committed to the Goale , there to remaine without baile untill ( they have paid ( amongst them ) 10 l. to the party grieved , and his costs and damages , as also 20 l. to the Protector , 43 Eliz. c. 6.

Such persons as are in Execution upon any Statute or Recognisance , or upon judgement given in the Such as are in execution , &c. n●t to be bailed . Kings Court at the suit of any person , they shall not be bailed until they have agreed with the Plaintiff , 1 R. 2. c. 12. 23 H. 6. c. 10. F. N. B. 9. & 121. a.

The like . Persons condemned in any of the Kings Courts , and by vertue thereof committed to prison , they shall not be bailed untill they have agreed with the Plaintiff , 1 R. 2. c. 12. 2 H. 5. cap. 2. F. N. B. 121. a.

None to be bailed that are prohibited by the stat. Westm. 1. cap , 15. If the Sheriffe doe let to baile any persons prohibited ( by the Stat. of Westm. 1. cap. 15. ) to be bailed , he shall be punished by the Justices of Goal-delivery , according to the forme of the same Statute ; or the Justices may fine them , as for an escape punishable at the Common Law . 25 E. 3. 39.

He cannot baile any suspect of felony as formerly . The Sheriff might at the Common Law have bailed a suspect of felony ( because he is conservator of the peace ) but now it seems the power is transferred to the Justices of the Peace onely . See the Stat. 1 R. 3. c. 3. & 3 H. 7. 3.

He cannot refuse to baile one bailable upon tender of sufficient sureties . The like . If a prisoner bailable tender sufficient sureties to the Sheriff , and he refuseth , he shall be amerced to the Protector and Informer 40 l. and shall lose treble damages to the party grieved .

23 H. 6. cap. 10. Fitz. 251. b. If a person be arrested by vertue of any Writ or precept in any Action personall , upon tender of reasonable sureties to appear at the day and place , as the said Writs , Bills or Preceps shall require , he shall be bailed . 23 H. 6. cap. 10. Fitz. 251. b. And the person is not obliged to go to the Sherif , if he offer sufficient baile to the Baylif .

Persons apprehended for any manner of Treason or Felony shall not be bailed , Westm 1. Cap. Traytors or Felons not bailable . In the upper Bench the bayle not chargeable till default assigned in the Principall , &c. Winch rep. so. 62.

It is the constant course of the Upper Bench , that the Bail is never chargeable till there is default assigned in the principall upon the return of a Capias ad satisfac . And if the principall render his body , though the Plaintiff refuse to take it , yet that is a discharge of the baile . Winch Rep. fo. 62.

It is not repugnant to our present subject to transcribe the new Rules concerning speciall Bayle , viz. 1.

The New Rules . That if the Defendant appeare upon the Summons , Attachment , or Distresse , or by Supersedeas quia improvide , or doth truly render himselfe upon the Exigent , no baile is requirable .

2 That in all causes of removeall , be it by Habeas Corpus , Priviledges , or Certiorari , speciall bail ought to be given .

3 That in causes where the Defendant comes in by Cepi corpus , be it Debt , Detinue , Trespasse for goods , Action upon the Case ( except slander ) if the debt or damages amount to 20 l. special baile is to be given , except it be against an Heire , Executor , or Administrator .

4 That in Covenant , because the damages are uncertain till Declaration , bail at discretion .

5 That in Battery , Conspiracy , false imprisonment , no speciall baile of course , without special motion and order .

6 That in slander no speciall baile , except in slander of title , wherein to be left to the discretion of the Judges .

7 That in priviledge , other then for sees and disbursments as an Attorney in this Court , baile at discretion of the Court. In such case wherein a suite by a common person , especiall baile is not requisite .

8 That if baile be given upon reversall of an Outlawrie , or removall by Habeas Corpus , the Originall to be shewne upon tendring of the Declaration , otherwise the baile not liable , unlesse the party or his Attorney will voluntarily appeare , or take a Declaration without shewing of it .

9 That in case of a removall out of an inferiour Court , or reversall , the new Originall to agree in the nature of the Action , the summe in demand , and the County , otherwise the baile not lyable ; but if the partie will voluntarily appeare to such varying originall , to be good as to the partie , but if upon a cause removed by Habeas Corpus , out of the Courts of Canterbury , Southampton , Hull , Litchfield , or Poole , which are Counties where the Judges of Nisi prius seldome come , if the Action be transitory , it must be laid in the County of Kent , Southampton , Yorke , Stafford or Dorcet , where the Towne and County lieth , and the Recognizance to be taken accordingly .

10 That the Principall rendring himselfe at any time after bayle put in , and before or upon the day of appearnce of the scire fac . returned scire feci , or of the second scire facias returned Nihil ; or in case there shall be an Action of Debt brought upon the Recognizance against the Bayle , then if the Principall shall render himselfe upon or before the processe returned or served , no further proceeding to be against the Bayle .

Of the Election of Parliament men , how and when they are to be elected , &c.

Stat. 7 H. 4. 15. THe manner of electing Knights of the Shire is as followeth , viz. At the next County Court after the delivery of the Writ , Proclamation is to be made in full County , of the day and place of the Parliament , and that all there present , as well Suitors summoned as others , shall attend to the election of the Knights , and then in full County a free and indifferent election shall be made notwithstanding any request or mandate to the contrary . And note that no Election can be made by any Knight of the Shire , but Co. Inst. 4. fol. 48. between the hours of 8 and 11. in the fore-noon : but if the election be begun within the time , and cannot be determined within those hours , the election may be made after . And if any election or voyces be given before the Precept be read and published , are void and not effectual .

23 H. 6. cap. 15. Cromp. 208. Likewise he ought immediately after the receipt of the Writ of his Highness for the summoning of the Parliament , to make his Precepts under the seal of his Office , to every Major and Bailiff of Cities and Boroughs within his County , commanding them thereby to choose Citizens and Burgesses to come to the Parliament . And those Majors and Bayliffs must make a legal return of that Precept to the Sheriff of their election , and their names that are elected : The Sheriff setting his hand and seal of Office to one part of the Indentures , delivering it to the Major , Citizens , or Burgesses to be kept ; the Major , Citizens , or Burgesses setting their hands and seals to the other part , delivering it as their Deeds to the Sheriff to be certified and returned by him with the writ of summons to the Clerk of the Crown , whose see is 4 s , for every Indenture , 23 H. 6. cap 15. Crompton 208. P. Parl. 5.

Rot. Parliam. 5 H. 4. num. 38. Co. Inst. 4. fo. 49 Note that after the Precept of the Sheriff directed to the City or Borough , for making of election , there ought Secundum legem & consuetudinem Parliamenti , to be given a convenient time for the day of election ; and sufficient warning given to the Citizens or Burgesses that have voices , that they may be present : otherwise the election is not good .

Co. Inst. fol. 48. Who may be electors . At the election , if the party elected , or the Freeholders demand the poll , the Sheriff cannot deny the scrutiny , for he cannot discern who be Freeholders by the view : and though the party would wave the poll , yet the Sheriff must proceed in the scrutiny . And by the Stat. of 8 H. 6. c. 7. & 10 H. 6. c. 2. The election of Knights of the Shire shall be made by the more voices of the people dwelling in the Counties having each of them lands or tenements of the yearly value of 40 s. besides reprises ; and the Sheriff hath power to examine upon oath the choosers how much they may expend by the year .

After such election , the names of the parties so elected 7 H. 4. cap. 15. ( be they present or absent ) shall be written in an Indenture , under the seals of all those that did choose them , which Indenture so sealed and taken to the said writ , shall be the Sheriffs return thereof touching the Knights of the Shires : and in such Writs ( by the said Statute ) this clause shall be hereafter put , Et electionem tuam in pleno Comitatu tuo factam distincte & aperte sub sigillo tuo & sigillis eorum , qui electioni illi interfuerunt , nos in Cancellaria nostra ad diem & locum brevi contentum certifices indilate .

What persons are elegible , and who not . Such persons as are eligible shall be resiant in the County for which they are chosen , the day of the date of the Writ of summons , and likewise those that chose them : Also Citizens and Burgesses shall be resiant in , and free of the Cities and Boroughs for which they are chosen .

Co. Inst. 4. fo. 48 One under the age of one and twenty years is not elegible , neither can any alien be elected of the Parliament untill he be naturallized by Parliament , after which he is eligible to this or any other place of judicature .

Ibid. None of the Judges of the Upper Bench , or Common Pleas , or Barons of the Exchequer that have judicial places can be chosen Knight , Citizen , or Burgesse of Parliament , because they are assistants in the House of Lords , As for the present times I make a quaere of this .

Ibid. A man attaint of Treason , felony , &c. is elegible : for touching the election of two Knights , the words of the Writ are , Duos milites gladiis cinctos magis idoneos , & discretos elegi fac. And for election of Citizens and Burgesses the words of the Writ are , Duos &c. discretioribus & magis safficientibus , which they cannot be said to be , when they are attainted of Treason or felony , &c.

Any of the profession of the Common Law , and who are in practice of the same , are elegible .

1656. By the Humble Petition and advice , those are disabled to be elected , who have advised , assisted , or abetted the Rebellion of Ireland , ad those who do or shall prosesse the Popish Religion , and likewise all those who have aided , abetted , advised or assisted in any war against the Parliament , since the first day of Ianuary 1641. ( unlesse he or they have since born arms for the Parliament , or his Highnesse , or otherwise given signal testimony of their good affection to the Common-wealth , and so continued ) and such as have been actually ingaged in any plot , conspiracy or designe against the person of his Highness , or in any insurrection or rebellion in England or Wales since the 16. day of December 1653. are disabled and made uncapable to be elected .

Punishment of Sheriffs for their negligence in elections or returns . The punishment of Sheriffs for their negligence in returning of Writs , or for leaving out of their returns any City or Borough which ought to send Citizens and Burgesses , vide 5 R : 2 , Stat: 2. cap. 4. Also if one be duly elected Knight or Burgesse , and the Sheriff return another , the return must be reformed , and amended by the Sheriff , and he that is duly elected must be inserted , for the election in these cases is the radix or foundation , and not the return , Rot: Parl: 5 H : 4. num: 38. Co: Iust : 4. fol: 49.

Penalties on Counties , and places for not electing . By the Stat: of 16 Car. Every County , City , Cinque port , and Borough that shall not make election of their Knights and Citizens , Barons and Burgesses , respectively , shall incur the penalties following , ( that is to say ) every County the summ of one thousand pounds , and every City which is no County 200 l. and every Cinque port and Borough the sum of 100 l. Except the Free-holders of any County and Inhabitants , or other persons having or claiming power to make election of any Knights , Citizens , Barons or Burgesses , shall proceed to making of elections of them , which elections shall afterwards fall out to be adjudged or declared void in Law by the Parliament , by reason of equality of voices , or misdemeanor of any person whatsoever , then the said County , City , &c. shall not incur the penalties aforesaid , so as an election de facto be made .

Note . But who shall be Electors , and who shall be elected , and the time , place , and manner of elections , and therein the duty of the Sheriff , you may read more ample in the positive lawes of 7 H. 4. cap. 15. 11 H. 4. cap. 1. 1 H. 5. cap. 1. 8 H. 6. cap. 7. 10 H. 6. cap. 2. 23 H. 6. cap. 15. 6. H. 6. c. 4. &c. which need not here be particularly rehearsed .

Of the Office of Vnder-Sheriff .

What he is . THe Under-Sheriffe ( in effect ) is but the Sheriffs Deputy , and acts whatsoever is to be acted by the High-Sheriff ( except some particulars which are to be done by the Sheriffe himselfe , as you shall finde in severall places of this Tract ) and therefore according to the nature of a Deputation must be removeable as Hobert fol. 13. Norton's case against Simms . an Attorney is ; and though the Sheriff should make him irrevocable , yet may he revoke him , for there is neither Common Law nor Statute Law that makes him immoveable . He is but in the nature of a general Balliffe errant to the Sheriff , and the whole County , as other Bailiffs are over a particular Hundred

He hath power to execute all the ordinary offices of the Sheriff , that may be transferred by the Law , &c. The Sheriffe constituting an Under-Sheriffe doth implicitly give him power to execute all the ordinary Offices of the Sheriff himselfe that may be transferred by the Law , As serving of Processe and Executions , &c. But he cannot deal in a Writ of Redisseisin , because in that the Sheriffe is Judge , nor in the case of a Writ of Wast , where the Sheriffe himselfe ( in propria persona ) is commanded to go to the place wasted , &c.

The Sheriffe must take good security of him , &c. The Sheriffe ought to be very cautious in taking good and sufficient security of the Under-Sheriffe , to discharge , protect , and save him harmlesse of Escapes upon arrests made by himselfe ; for since that he transfers his authority unto him , it is reason that he take security of him to perform all things justly , and honestly to himselfe and others , not acting or intending any thing against law . See more in the Articles betwixt the High-Sheriffe and Under-Sheriff amongst the Presidents .

The Sheriffs Fees .

Uponanarrest. By the Stat. of TO the Sheriff 00 01 08 To the Bailff who makes the Arrest or Attachment 00 00 04 To the Goaler if the person be committed to prison 00 00 04 For the Obligation for appearance if the prisoner be bailed 00 00 04 For making the Warrant upon the Writ , for every name 00 00 04 For the Copy of a Pannel 00 00 04
Extortion by Lamb. fol. 4. 15. Cromp. fo. 205. b. For returning of a Pannel ( though it seems to be extortion by Lamb. fol. 4. 15. and Cromp. fol. 205. b. they use to take 00 02 00 For the return of every Cepi corpus 00 00 04 For the return of a Nihil , or Non est inventus 00 00 04 For making Proclamation at the Church door upon an Extent , &c. 00 01 00 For the Return of a Proclamation 00 01 00 For the return of every Venire facias , Tales , Habeas corpora , and Distringas 00 02 04 For every name returned outlawed 00 00 04 For making a Precept upon a Writ to a speciall Bailiff for every name 00 02 00 For the arrest of every Desendant from the Plaintiff 00 01 00 For the Copy of the warrant upon the writ 00 00 04 For the returning of a Mandavi ballivo . 00 00 04 For Writs of executions upon the Judgment upon bils sued in personal actions , the debt or damage being under 40 s. 00 01 00 Upon Bils sued above 40 s. in actions personal for the return of every such bil 00 00 04 For every writ of Execution 00 02 00 For executing of every writ of Elegit in personal actions 00 06 08 In all reall or mixt actions sued by Original writ , for return of every original writ 00 02 00 And for return of every other writ of Judicial processe depending upon the same before Judgment 00 02 00 And for every-Writ of Execution after Judgment upon every original in action real or mixt 00 02 00 For executing every Habere fac : seisinam 00 06 08 For attachments upon Capias or other processe sued by Original or Judicial writ , if the return be Cepi corpus 00 02 00 For a Reddidit se upon an Exigent of felony in appeale of murther , or maim , or upon an indictment of selony or murther 00 02 00 Upon a Reddidit se upon an Exigent of debt , trespass , detinue , and all other actions personals 00 01 00 For the making of a Repleg . 00 01 00 and Withernam upon the same 00 01 00 For return of every writ of appeal of murder , felony , or maim 00 01 00 And upon all Processe growing upon the same , as Venire facias , Tales , Habeas corpora , and Distringas 01 01 00 For every prisoner delivered by acquittal , or by Proclamation for any manner of felony 00 01 00 For a Replevin . 00 02 00 For the returne of a Recordare . 00 00 04 For the return of an Accedas ad cur . 00 00 00 For the allowance of a Supersedeas after the returne of the Exigent . 00 02 00

The sheriffe is to be compounded and agreed with for these . For executing of a Writ to enquire of Waste , Also for executing a Writ to enquire of damages , Likewise for executing a Statute , For executing of a writ of Right , For serving of a Writ de partition facienda , For removing the over-charge of Common of pasture , For enquiry upon an Elegit , For Writs of forcible entry , or holding with force , whereupon the party amoved is to be restored to his possession , For execution of a Judgement upon a Writ ,

The Vnder-sheriffe of Middlesex useth to take these Fees following in the Court of Common Pleas.

FOr a warrant for a Capias upon every name , 00 00 04 For the return of a Venire facias , 00 02 00 For a warrant upon a Capias utleg . 00 00 04 For return of a Habeas corpora juratorum , 00 04 00 For summoning the Jury for every name , 00 00 04 For return of a Proclamation , 00 01 00 For return of a Scire Facias , 00 02 00 For return of a Nihil overat and Fieri facias 00 01 00

For executing an Exigent , or Execution . For executing an Exigent , or execution upon body , Lands , goods , and Chattels twelvepence for every twenty shillings where the summ exceeds not one hundred pounds : and six pence for every twenty shillings where the summ exceeds one hundred pounds ; that is to say , for every twenty shillings that he or they shall levy or extend , and deliver in Execution , or take the body in execution .

Of Sheriffs Accompts , with a particular of some usuall Charges or Fees payd by them at the rendring of their Accompts .

THe Sheriff giveth his Accompts into the Exchequer , and there is charged with his casualties , which are all manner of Debts of Casualties , and Relièss , Fines , Amerciaments upon the Sheriff , debts recovered , and such like as are drawn down either from any Record of any of the Remembrancers of the Exchequer , or from any other matter , ground , or seisure of the Court. And the Sheriff musst answer to every summ charged upon him as he hath cause ; that is to say , such a summ within such and such a Liberty , and sheweth whose they be .

He is charged with old seizures , which are Lands and Tenements seized before by his Predecessors , upon the Processe of the Court , and likewise with his own feizures , which are Lands and Tenements , seized in his own time by Processe of the Court , and so addeth to these such Felons goods as he hath seized himselfe .

There the Sheriff hath such allowances as are allowed him by act of Parliament , together with the Justices of Peace wages of his Shire out of the Fines and Forfeitures before the Justices of Peace thereof , if the streat will bear them , layd out before the Sheriffs for the Justices wages , according to the Statute , of the which allowance , and of the particular names of the Justices , the foreign opposer doth deliver a Roll into the Pipe for the Clerk of the Pipes warrant to allow the sames wages to the Sheriff . After which things done , viz , allowance of all payments , deductions , and annual charges , then hath he his Quietus est . The fees are as follow .

In the Terme of S. Hillary , on the morrow of Purification , &c. Imprimis , to his Attorney for his warrant of Attorney , &c. for his own sees , and his mans sees and to another for entring the warrant 02 00 02 To the Punie-Baron for ministring the oath , for the Apposel upon the summons of the Pipe , his see for the Vicontels , and his mans see for the same 01 07 00 To the Marshal , Criers , & Tipstaves there 01 06 08 The fees of the foreign Opposer & his men are 04 00 00 For his writ of assistance from his Attorney 00 05 06 His Attorneys sees in the Pipe , and his mans fees 06 00 00 The sees of the Deputy of the Pipe — 01 03 04 To the Controlier of the Pipe , his man , and other Officers of the Pipe 02 15 02 His Attorneys see in the Remembrancers Office , and his mans fee 00 06 10 To the Master of the Wardrop for his see , for a Talley , to have thereby an allowance given for it , and for joyning of that Talley in the Pipe 05 16 05 To the Master of the Pipe for his see — 18 05 00 The foreign Opposers see for allowance of Justices wages to the Sheriffe upon the extracts of the peace , and for the casting up of the Debet upon the Scedules of the Greenwax , and to his men for their see 02 18 04 To the Auditor assigned for the Shire for declaring of the Accompt 12 00 00 To the Attorney of the Pipe for giving allowance of the Justices wages , before allowed by the foreign opposer in the Sheriffs accompt , and for the foot of the accompt , & to his man 02 06 08 To the Baron for declaring of the accompt , and to his man for his see 00 08 08 To the Attorney in the Remembrancers Office , for examining of the accompt , and to one for the receiving of the accompt 00 05 00 For Copies of the seizures which the Sheriff makes himselfe in his year , comonly at the least 05 00 00 For copies of the new seizures , according to the number of them , in some Counties but twenty shillings , but most commonly in Yorkshire to 02 00 00 For Petitions upon the account for each 00 04 00 For another writ of assistance 00 05 06 For entring the view of the accompt , and in the alienation Office for viewing of the accompt , and for a note of the charge there 00 09 08 For every Schedule of issues upon general pardons , and to the Clerk of the extracts man 00 15 00 To a Baron for allowing of them , and to the Barons man 00 17 04 In the alienation Office for making of the Bond and Acquittance , with the Scedules of seizures against such as have sold land held of the Commissioners without license of alienation 10 06 00 For a Warrant for a day to finish the accompt until Mich. Term 00 10 00 To the Attorney in the Pipe Office for setting off from the Accompt six amerciaments , and to his man 01 10 00 For discharging the amerciaments , & for a warrant to set off and discharge 01 12 06 For another Writ of assistance 00 05 06 If the Sheriff cannot go thorow with his accompt in Trinity Term , then to the Marshall for liberty , & to his man 04 13 04 For ruling and making the Petitions , and to his man 09 00 00 To the Master of the Pipe for his fee — 00 13 04 To the Controller of the Pipe for his fee , and to his man 02 12 00 The fee of the Attorney of the Pipe , and to his man 06 02 06 For the Acquittances of two tallies in the receit , and for striking off those tallies 00 05 04 To two Auditors for casting up of the Sheriffs accompt in Court , when he is to be cast out of the Court 00 10 00 To the Baron then , and to his men — 01 07 00 To the Marshal , Tipstaves , and Criers then 00 16 08 To the Clerk of the Pipe for Recusants , and for allowing and joining of the talley for Recusants Debts 01 16 00 To the Baron for respects for Recusants Debts 01 10 00 To the Clerk of the Pipe for Recusants for allowing of that Warrant , and to the Master of the Pipe for the same . 00 13 04 To the Bag-bearer 00 01 00 For the Quietus est to the Sheriffs Attorney of the Pipe , and to his man 04 06 08 For the Quietus est for the Recusants — Cum multis aliis , &c. 01 00 00

But the Sheriff is at much more charge , which is laid out , and is disbursed during his Sheriffwick , as experience will better inform him .

The Return of a Devastavit .

I R. S. Sheriffe of the County within named , do certifie the Justices within mentioned , that the within named A. B. hath before the coming of this Writ , wasted , & to his own use converted divers goods and Chattels , which were of the within named F. G. at the time of his death , to the value of the debt and damages within specified , and which came to the hands and possession of the said A. B. Executor of the same F G. to be administred . So that the debt and damages or any parcel thereof of the goods and chattels of the aforesaid Testator F. G. I could not levy . And I further certifie the aforesaid Justices , that the within named A. B. hath no goods or Chattels of his own in my Bailywick , whereof I may levy the damages aforesaid .

R. S. Esquire Sherif .

The returne of a Nulla bona & devastavit by Inquisition . THe within named A. B. hath no goods or Chattels which were of the within named C. D. at the time of his death in her hands to be administred in my Bailywick , whereof I may levy the debt and damages within mentioned , or any parcel thereof , nor any of her own proper goods or Chattels in my Bailywick , whereof I can levy the damages aforesaid or any part thereof : And I further certifie the Justices within specified , That by T. I. and E. R. honest and lawful men of my Bailywick that I have made known to the said A B. that she be before the aforesaid Justices at the day and place within contained , to shew , &c. as within it is commanded .

The residue of the execution of this Writ appeareth in a certain Inquisition hereunto anexed .

R. S. Esquire , Sheriff .

N. ss. AN Inquisition indented taken at A. N. in the County aforesaid , the two & twentieth day of Ian : in the year of our Lord 1658. before me R. S. Sheriff of the County aforesaid , By vertue of a Writ of his Highnesse the Lord Protector to me directed , and to this Inquisition annexed by the Oath of G. H. ( and so to the number of twelve ) honest and lawfull men of my Bailywick , who say upon their oaths , that A. B. in the aforesaid Writ named , wasted , and to her own use converted divers goods and chattels , which were of the within named C D. at the time of his death to the value of the debt and damages in the same Writ specified , and which came to the hands of the same A. B. to be administred . In witnesse whereof aswell I the said Sheriffe as the aforesaid Jurors to this present indented Inquisition have interchangeably set to our seals the same day and yeare first above written .

R. S. Esquire , Sheriff .

BY vertue of this writ to me directed , I have levied The Returne of a Fieri facias . of the goods and chattels of the within named A. B. the whole sum of 80 l. which said moneys before his Highness at the day and place within mentioned I have ready to render to the within named , C. D. for his debt and damages within specified , as by this Writ it is commanded .

R. S. Esquire , Sheriff .

By vertue of this writ I have levied of the goods The return of a Fie sac . where part of the debt is levied , and for the residue a nulla bona . and chattels of the within named A. B. the value of eight pounds sixteen shillings four pence , which said moneyes before his Highness at the day and place within mentioned , I have ready to render to the within named C. D. in part of his debt and damages within specified : And I hereby further certifie his said Highnesse , that the said C. D. hath no other or more goods or Chattels in my Bailywick , whereof at present , I may levy the residue of the aforesaid debt and damages , according to the exigence of this Writ .

R. S. Esquire Sherif .

Another return of a Fi. sa . By vertue of this Writ to me directed I have taken of the Lands and Chattels of the within named A. B. that is to say , one Messuage with the appurtenances in C. in my County of N. now in the tenure of one G. D. which the aforesaid A. B. at the time of my taking thereof , held to him and his assignes for a certain term of years , yet to come of the demise , grant , or assignment of one R. B. to the value of ten pounds , which said Lands and Chattels as yet remain in my hands unsold for want of Buyers , by reason whereof those moneyes before the Justices within mentioned , at the day and place within contained , I cannot have to render to the within named C. D. As within it is commanded .

R. S. Esquire , Sherif .

The return of a writ where the Sheriff dieth after execution thereof , and so returned prout indorsat . by the present Sheriff . I hereby certifie the Justices within mentioned that after the execution of this Writ , and before the return of the same E. L. Knight , late Sheriffe of the County aforesaid , and that this Writ , so as above indorsed , and returned was delivered to me R. S. Esquire now Sheriffe of the County aforesaid by G. T. under-Sheriff of the aforesaid E. L. late Sheriff of the County aforesaid .

R. S. Esquire , Sherif .

The returne of an Elegit , where Lands are in the Kings hands . I hereby certifie the Justices within written , That the Lands and Tenements which were of the within named F. B. the same day and year within mentioned , in which judgement of the debt and accompts within specified was rendred , are , and yet be in the hands of our Soveraign Lord the King in his Court of Wards and Liveries , by reason R. B. Gent. Tenant of the Lands and Tenements aforesaid hath not yet sued forth his Livery of the Lands aforesaid in the Court aforesaid : Therefore to the execution of this Writ , I may not proceed , as within it is commanded .

R. S. Esq Sherif .

An Inquisition indented taken at W. in the County aforesaid the day of Ianuary in the year of our Lord one thousand six hundred fifty eight , before me R. S. Esquire , Sheriffe of the County aforesaid by vertue of a Writ of his Highnesse the Lord PROTECTOR to me directed , and ro this Inquisition annexed by the oath of M. P. and so to the number of twelve honest and lawfull men of my Bayliwick , who say upon their oaths , that H. S. in the said writ named , was seized in his Demesne as of see the fourteenth day of June in the year of our Lord one thousand six hundred fifty in the same writ mentioned , of one Capital Messuage with the appurtenances , with five acres of Lands , six acres of Meadow , and eight acres of Pasture , scituate , and being in Br. in the County aforesaid , of the cleer yearly value in all issues above reprises forty shillings : And the said Jurors further say upon their oaths , that the said H. S. hath not any other or more Lands or Tenements the said fourteenth day of June abovesaid , nor at any time since , nor any goods or Chattels at the day of taking this Inquisition in my Bailiwick to the knowledge of the said Jurors , the moyety of all and singular which said Messuage , Lands , Tenements , and premisses ( that is to say ) the said Capitall Messuage , and the said five acres of Land , and the six acres of Meadow , I the said Sheriff the said day of taking this Inquisition have caused to be delivered to T. C. in the said Writ also named , to hold to him the said T. and his Assignes as his Free-hold , according to the forme of the Statute in this case made and provided , untill the debt and damages in the same Writ mentioned shall thereof be fully levied . In witnesse , &c.

Otherwise , untill the said T. C. in the said writ also named shall be fully satisfied of his debt and damages in the same writ mentioned . In witness , &c.

R. S. Esquire , Sheriff .

The returne of an Extent in the Exchequer , &c. The within named A. B. is not found in my Bailywick . The residue of the execution of this Writ appeareth in a certain indented Inquisition hereunto annexed .

R. S Esquire , Sheriff .

N. ss. An Inquisition indented taken at I. in the County aforesaid the one and twentieth day of October in the year of our Lord 1658. before me R. S. Esquire Sheriff of the same County of N. By vertue of a Writ of His Highnesse the Lord Protector of the Commonwealth of England , Scotland , and Ireland , and the Dominions and Territories thereunto belonging to me directed , and to this indented Inquisition annexed : By the oath of H. S. and so to the number of twelve at least , good and lawfull men of my Bailywick , who say upon their Oath that R. T. in the aforesaid writ named the twentieth day of A. in the year of our Lord 1657. in the same Writ mentioned , on which day the said R. T. became debtor to his Highnesse , Oliver , late Lord Protector in the aforesaid also mentioned , was seised in his Demesn as of fee , of and in one Messuage with the Appurtenances , five acres of Land , sixe acres of Meadow , and eight acres of Pasture , scituate , lying and being in F. in the County aforesaid , now in the tenure and occupation of J. G. or his Assignes of the cleer yearly value in all Issues above reprises 10 l.

All which said Messuage , Lands and Tenements , with the Appurtenances , I the said Sheriffe , the same day of the taking this Inquisition have taken and seised into the hands of his Highnesse , Richard , now Lord Protector , as by this Writ it is commanded

And the same Jurors say upon their Oath , that the aforesaid R. T. at the day of the taking this Inquisition is seised in reversion ( when it shall happen after the death of C. Widow ) in his Demesn as of Fee , of one Messuage , with the Appurt . six acres of Land , 5 acres of Meadow , and 12 acres of pasture scituate , lying and being in H. in the foresaid County of N. and now in the tenure and occupation of the same C. widow : And that the aforesaid C. widow is now living , so that at present the said Messuage , Lands and premisses in H. aforesaid are worth nothing : But after the death of the said C. widow will be of the cleer yearly value in all Issues above reprises 8 l.

The reversion of which said Messuage , Lands , and Premisses , with the Appurt . in H. aforesaid , when it happens , I the same Sheriffe have also the same day of taking this Inquisition , taken and seised into the hands of his Highnesse the Lord Protector , according to the exigence of his Highnesse said Writ .

And moreover the said Jurors say upon their oaths that the above named R. T. at the time of the taking this Inquisition , was and is possessed of all the Goods and Chattels severally mentioned , comprised , apprised , and valued in a certaine schedule to this indented Inquisition annexed , as of his owne proper Goods and Chattels , and that the whole value of the same Goods and Chattels is forty shillings .

Which goods and Chattels the same day of the taking this Inquisition , I the aforesaid Sheriffe have likewise seised into the hands of his said Highnesse the Lord Protector .

And the same Jurors further say upon their Oath , that the same day of the taking this Inquisition , R. J. of G. in the County of N. aforesaid Yeoman , was indebted to the above named R. T. in the whole sum of twenty pounds for Rent . And also that there is now in the hands of the same R. J. divers Goods and Chattels of the said R. T. ( that is to say ) one long Table , &c. which goods and Chattels together are of the value of 40 s. All which said debt of twenty pounds , and the Goods and Chattels of the said value of 40 s. l the Sheriff aforesaid the same day of the taking of this Inquisition , have also seised into the hands of his said Highnesse the Lord Protector , as in the hands of the aforesaid R. I.

And the aforesaid Jurors moreover say upon their Oaths that the within named R. T. hath no other or more Lands or Tenements at the aforesaid day he became debtor so as abovesaid , nor at any time since , nor hath he any other or more goods or chattels at the time of the taking this Inquisition in my Bayliwick to the knowledge of the said Jurors . In witnesse , &c.

R. S. Esq sheriff .

The returne of a scir . sac . agaixst the heir and ter-tenants where notice is given . By vertue of this Writ to me directed by W. G. and E. D , honest and lawfull men of my Baliwick , I have given notice to R W. within named , Son and Heire of R. W. within mentioned , deceased . And to W. R. and I. H. Gent. Tertenants of divers Lands and Tenements in my Bayliwick , of which the said R. W. the Fther was in his life time seised in his Demesne as of Fee on the morrow of All Soules within specified ; That they be before the Justices within mentioned at the day and place within contained to shew , &c. as within it is commanded .

R. S. Esq sheriff .
The return of a summons in Dower . Pledges of prosecuting Io: Doo . & Ric. Roo . Summoners of the within named H.W. R.M. & R. B.

And further by vertue of this Writ the 3d day of Ia : in the yeare within written , I made publique proclamation according to the forme of the Stat. and the exigence of this Writ .

R. S. Esq Sheriff .
The Oath of the Sheriffe .

YOu shall sweare , that you shall well and truly serve his Highnesse the Lord Protector in the Office of the Sheriffe of the County of Yorkshire , and do the Common-wealth profit in all things that belongeth to you to do by way of your office , as far forth as you can or may . You shall truly keep the Common-wealths right , you shall not assent to decrease , or lessening , or to concealment of his Highnesse rights , or of his Franchises . And whatsoever you have knowledge that his Highnesse rights have been concealed or with-drawn , to be in Lands , Rents , Franchises , or Suits , or any other things , you shall do your true power to make them be restored to his Highnesse again . And if you may not do it , you shall certifie his Highnesse the Lord Protector , his Councel , or some of them thereof : You shall not respite his Highnesses debts for any gift or favour , where you may raise them without great grievance to the debtors : You shall truly and rightfully treat the people of your Sheriff-wick , and do right as well to poor as to rich , in all that belongeth to your office : You shall do no wrong to any man for any gift , or other behest or promise of goods for favour nor hate ; You shal disturb no mans right ; You shall truly acquit at the Exchequer all those of whom you shall receive any thing of his Highnesses debts . You shall take nothing whereby his Highnesse or the Common-wealth may loose , or whereby the right may be letted or disturbed , and his Highnesse or the Common-wealth delayed . You shall truly returne , and truly serve all his Highnesses Writs , as far forth as shall be to your cunning . You shall not have to be your under-Sheriff any of the Sherifs of the last yeare past . You shall take no Baylif into your service , but such as you will answer for ; you shall make Oath of your Baylifs to make such oath as you make your self in that which appertaineth to their occupation ; you shall receive no Writ by you nor any of yours unsealed , or any sealed under the seale of any Justice , saving the Justices of Assize , or Justice assigned in the same Shire where you are Sheriffe , or other Justices having power and authority to make any Writs unto you by the Law of the Land , or of the Justices of Newgate ; you shall make your Bayliffs of true and sufficient men in the Countrey . Also you shall do all your power and diligence to destroy and make to cease all manner of Heresies and Errors , commonly called Lollaries , within your Bayliwick from time to time to all your power , & assist and be helping to all the Ordinaries and Commissaries . You shall be dwelling in your own proper person within your Bayliwick for the time you shall be in the same Office , except you be otherwise licenced by his Highnesse the Lord Protector . You shall not let your Sherifwick , nor any Bayliwick thereof to any man . You shall truly set and return reasonable and due issues of them that be within your Bailiwick after their estate and behaviour , and make your pannels your selfe of such persons as be next , most sufficient , and not suspect nor procured , as it is by the Statutes provided . And over this ; in eschewing and restraint of Man-slaughters , Robberies , and other manifold grievous offences that be done daily , namely by such as name themselves Souldiers , and by other Vagrants , the which increase in number , and multiply , so that the people of this Common-wealth may not in safety ride , nor goe to doe such things as they have to do , to their intolerable hurt and hinderance . You shall truly and effectually with all diligence possible to your power execute the Statutes , as the Statute of Winchester , and for Vagabonds . All these things you shall truly observe and keepe , as God you helpe , &c.

An Indenture by a high Sheriffe , deputing one to be his under-Sheriff .

A covenant by the under sheriff honestly to execute the office , & to do every thing which may lawfully be done by him without the presence of the high Sherif , and there to discharge the Sher. THIS INDENTVRE made , &c. between A. B. of R. in the County of Yorke Esquire , Sheriffe of the said County of the one part ; And C. D. of W. in the said County , Gent. of the other part , witnesseth ; That the said A. B. of assured hope , confidence , and trust that he hath , that the said C. D. will honestly , uprightly , and sufficiently discharge the office and duty of Under-sherif , aswell towards his Highnesse the Lord Protector , as all the people of this Common-wealth of England , and therein discharge him the said Sheriffe , and for the consideration hereafter mentioned , hath been pleased and contented to assigne , depute , ordaine , constitute and make , and by these presents doth assigne , depute , ordaine , constitute and make the said C. D. his Under-sheriffe of the said County of Yorke , authorizing hereby the said C. D. according to the Covenants and Agreements by these presents contained , to execute , persorme , and do all that which to the duty and office of Under-sheriffe of the said County of Y. shall appertaine , or to the Sheriffe of the said County , without the personall presence of the said Sheriffe may be executed and done , and also to receive and take to his owne use , all manner of duties and lawfull free commodities , profits and advantages to the same office belonging , or in any wise lawfully appertaining , during such time as the said A. B. shall continue Sheriffe of the said County , in consideration whereof , the sayd C. D. for himselfe , his Heires , Executors , and Administrators , doth covenant , promise , and grant , to and with the said A. B. his Executors , Administrators , and Assignes , and every of them by these presents ; That he the said C. D. shall and will during such time as the said A. B. shall continue , remain , and be Sheriff of the said County of Y. honestly , truly , and sufficiently execute and doe the office and duty of an Under-sheriff in the said County of Y. And shall and will well and sufficiently do and execute for and in the name of the said Sheriffe , all and every thing and things concerning the office of the said Sheriffe of the said County of Y. which without the personall presence of the said high Sheriff may lawfully be done and executed , and thereof shall discharge the said high Sheriff his Heirs , Executors , and Administrators .

And furthermore , the said C. D. for him , his Heirs , Executors , and Administrators , and every of And that neither he nor his servant , &c. will receive or do any thing by colour of his office contrary to the Laws , Customes or statutes of the Common-wealth in prejudice of the Sheriff , &c. them doth covenant , promise , and grant to , and with the said A. B. his Heirs , Executors , and Administrators , and every of them by these presents , that neither the said C. D. his Servant , Deputy , Assignee , Clark , or Bayliffe , by him to be assigned , shall or will by colour of his said Office , Deputation or Assignment extort , levy , receive any manner of thing or things which by the Lawes , customes , or statutes of the Common-wealth are or shall be prohibited , or not allowed , whereby the said Sheriff , his Heirs , Executors , or Admistrators , or any of them may in any wise be either in their persons , goods , or lands , lawfully defamed , impeached , charged , impaired , molested , or troubled .

And further the said C. D. for himselfe , his Heirs , Executors , and Administrators , Covenant by the Vndersheriff , to appoint sufficient Deputies or Attorneys in all Courts , accustomed to receive Writs , &c. to do every thing concerning them , &c. to make sufficient Deputies in all parts of the County according to the Lawes and Statutes . and every of them , doth covenant , promise , and grant to & with the said A. B. his Heirs , Excutors , and Administrators , and every of them by these presents , That he the said C. D. shall and will assigne and appoint sufficient Deputies and Attorneys in all Courts accustomed , aswell to receive writs , warrants , precepts and commandements to the said Sheriff to be directed , and to make processe thereof , and to do all thing and things for the executing , serving , and sufficient returning thereof ; And also shall make and appoint a sufficient number of Deputies in all parts of the said County of Y. according to the Lawes and Statutes of this Common-wealth .

That he is to give notice to the high Sheriff of all things to be done by him , in his proper person , and thereto will be assistant , and will beare all charges thereof , except mans meate and horse meat . And he the said C. D. shall and will from time to time , give reasonable notice and warning unto the said A. B. of all such things as shall be requisite and necessary for the said A. B. Sheriff of the said County , or by reason of his said office in his owne person to do or execute , and therein at all times in his owne person , or by his sufficient Deputy , shall be ayding and assisting as well for the doing and executing thereof , and the returning thereof : As also shall bear and pay all such charges thereof , as to the Sheriff by reason of the said office should appertain ( except mans meat and horse meat .

And also the said C. D. for himselfe , his Heires , Covenant to receive all process wherewith the high Sheriff is chargeable , & to collect all fines , issues , amerciaments , &c. and to pay the same at such times as the Sheriff is chargeable to pay the same to his Highnesses use , and thereof to acquit & discharge the Sheriff . Executors , and Administrators , and every of them doth covenant , promise , and grant to and with the said A. B. his Heirs , Executors , and Administrators , and every of them by these presents , that the said C. D. his Heires , Executors , Administrators , or Assignes , shall and will well and truly from time to time receive all such extracts and processe whatsoever , wherewith the said A. B. as Sheriff of the said County of Y. is or shall be chargeable to receive , and that the said C. D. his Heires , Executors , Administrators and Assgnes , shall and will well and truly collect , levy , and gather all Fines , Issues and Amerciaments , Seisures , Fee-farms , Rents , Profits , Certainties , Pipe-silver , Chequer-silver , and all manner of Debts , Duties and Demands whatsoever , wherewith the said A. B. as Sheriff of the said County of Y. his Heirs , Executors , and Administrators , their or any of their Goods , Chattels , or Lands , may in any wise be charged , or chargeable , and the same to pay to his Highnesses use at such times as the said A. B. is charged or chargeable to pay the same , and thereof , and of every part and parcel thereof , to acquit and discharge as wel the said A. B. his Heires , Executors , and Admnistrators , and every of them , as also all and singular their and every of their Goods and Chattels , Mannors , Messuages , Lands , Tenements , and Hereditaments : And also that he the said C. D. his Heires , Executors , Administrators , or Assignes , shall and will from time And that he will acquit , &c. discharge , or save harmless the sherif , &c. his goods , &c. lands , from all Executions of prisoners , &c. And from all forfeitures , fines , amerciaments , &c. by reason of anymisfeasance , or non-feasance , &c. of him , his Deputy , Attorney , &c. And that he will not intermeddle with the execution or returning of any Letters , &c. from his Highnesse , or his Privy Councell without the direction of the Sheriff . to time , acquit and discharge , or otherwise sufficiently save and keep harmlesse the said A. B. his Heires , Executors , Administrators , and Assignes : And also all his & their goods and chattels , Lands , Tenements , and Hereditaments whatsoever , of and from all manner of Execution , or of Executions of prisoners whatsoever which to the office of Sheriswick shall appertain , forfeitures , fines , amerciaments , imprisonments , paines , penalties , or impositions whatsoever , to be charged , levyed , or imposed upon the said A : B. Sheriff of the said County of Y. his Heires , Executors , Administrators , or Assignes , his or their , or either of their goods or chattels , Lands , Tenements , or Hereditaments , by reason of any mis-feasance , or non-feasance , omissions , default , delay , contempt , or cause whatsoever , of the said C. D. his Deputy or Deputies , Attorney or Attorneys , Clark or Clarks , Bayliff or Bayliffs , or other person whatsoever , not doing , or insufficient doing his or their duty concerning the said office of Sheriffe or Under-sheriffe . And that neither he the said C. D. nor any his Assignes , Deputies , Clarks , or Attorneys , shall or will intermeddle with the execution or returning of any Leters or commandements from his Highness the Lord Protector , or any of his Highnesses Privy Councell , without the privity , notice and direction of the said A. B. then first had : And the said C. D. for himselfe , his Heires , Executors , Administrators and Assignes , and every of them doth further covenant and grant , to and with the said Covenant safely to keep the Prisoners committed to his custody , untill they are delivered to the Gaole , there safely to be kept by the Gaoler , till by course of Law they shall , he delivered , &c. to execute prisoners attainted according to their judgement . A. B. his Heires , Excutors , and Administrators by these presents , that hee the said C. D. shall receive into his custody all prisoners to be committed to his charge , and them sasely and honestly shall keepe , untill they shall be brought and delivered into the Goale or Prison of the said County , there to be safely kept , by the Gaoler or keeper of the same Gaole or Prison , untill by due course of Law they shall be delivered . And of such prisoners as shall be convicted or attainted , shall make , or cause to be made due Execution , according unto the quality of the judgement against every of them to be pronounced .

AND that the same C. D. shall and will within sixe dayes next before the That he will within sixe dayes before every Terme deliver a Certificate in writing of all Executions come to his hands with the name for whom it is to be executed , and the name against whom , &c. and the sums to be levyed , and what is done therein . beginning of every Terme , which shall be during the time of the said Sheriffe-wicke well and truly deliver and certifie unto the said A. B. a true Note or Certificate in writing under his hand of all such Writs of Execution whatsoever , as before the Terme shall be come to his hands , with the name and sir-name of the party and parties for whom the said Execution is to be done ; and also the name and sir-name against , whom the same is to be executed , and the summe , and summes of money thereby severally to bee levyed , and what is done therein , upon every such WRIT or PROCES .

Grant , that the under-sheriff may in the name of the Sheriff assigne over any bond to be taken for appearance , &c. to any person , thereby to compel the parties to appeare , and to save harmlesse the Sherif , &c. And that the under-sheriff may commence any action upon such bonds , to enforce the parties to appear , to save harmless the Sheriff , and that he will justifie all suits lawfully taken . And that it shall be lawfull for him to retain the money recovered to his owne use , towards his owne charges , for the not appearance of the parties , so that he will stand to the order of the Sheriff for the over-plus . In Consideration of all which premisses , the said A. B. is contented and pleased that the said C. D. shall or may in the name of the said A. B. assigne and set over any bond to be taken in the name of the said Sheriff , for appearance or discharge of processe to any person or persons , to the intent thereby to compell the parties to appeare , to save and keepe harmlesse the said Sheriff and Under-sheriffe of any Fine or Amerciament thereby : And also that the said C. D. may commence or take his Action upon any such bond , for the inforcing the said parties therein bound to bring forth the party or parties , for whose appearance they were become bound , thereby to save himselfe harmlesse of such Fine and Amerciaments , as shall be imposed or layd upon the said Sherif for not bringing forth the said party or parties ; All which suits being lawfully taken for the causes aforesaid , the said A. B. doth covenant and promise to avow and justifie , and that it shall be lawfull to and for the said C. D. his Executors and Administrators , and also for the said Assignes to retaine to their owne use , their said sum or summes to be recovered by reason of the said Bonds , towards their charges and losses by reason of the not appearance of the said parties , so alwayes that they and every of them , shall stand to the Orders and Directions of the said A. B. his Executors or Administrators for the over-plus thereof ( if any shall be ) And the said C. D. for himselfe , his Heires , Executors , and Administrators , Covenant to save harmlesse the Sheriffe from all costs and damages which may be recovered against him upon any such suit . and every of them , doth covenant and promise , to and with the said A. B. his Heires , Executors , and Administrators , to acquit and discharge , or else to save harmlesse the said A. B. &c. of and from all , and all manner of costs and damages , which may in any wise be awarded , adjudged , decreed or recovered against him or them by reason of any such suit .

Finally , The said C. D. for himselfe , his Heires , Covenant by the under-sheriffe to pay before such day , all sums due to his Highness , wherewith the Sheriffe is chargeable by reason of his office , &c. and thereupon within three moneths next after procure a quietus est in full discharge of his said office & account . &c. and every of them doth covenant , promise and grant , to and with the said A. B. his Heires , &c. and every of them by these presents , that he the said C. D. his Executors , &c. shall and will on this side the Feast day of the Purification of our blessed Virgin Mary , which shall be in the yeare , &c. well and truly discharge and pay unto his Highnesse the Lord Protector , his Heires , or Successors , all such summe and summes of money , duties and demands , as shall be due unto his Highnesse , his Heires or Successors , wherewith the said A. B. shall be charged or chargeable as Sheriffe , or by reason of the said Office of Sherifwick of the said County of Y. and thereupon within three moneths next ensuing shall procure unto the said A. B. his Heires , &c. a sufficient discharge and quietus est , in full discharge of his said office and account .

Provided alwayes , That if the said C. D. his Deputy Proviso , that if the under-sheriff or his Deputy , &c. shall doe or leave undone any thing belonging to the office , whereby to charge the Sheriff above the sum of , &c. that then it shall be lawfull for the Sheriff to grant the office to another . or Deputies , Attorney , or Attorneys , Clark , or Clarks , Deputy , or Deputies , or any of them , at any time during the said office , shall commit , do , or suffer to be done , any manner of act , or acts , thing or things whatsoever , or shall omit or leave undone any act , or acts , thing or things whatsoever , belonging to the said office of Sheriffe of the said County of Yorke , or by colour of the said Office ; by reason whereof , the said A. B. his Executors , Administrators , or Assignes , or his or their Goods or Chattels , Lands , Tenements , and Hereditaments , or any of them , may in any wise be charged , or chargeable , above the summe of , &c. That then , and from thenceforth it shall be lawfull to , and for the said A. B. to grant , assigne , and depute the Execution of the said office of Under-sheriffe , for the residue of the said time then to come , to any person or persons : And that then , and from thenceforth , it shall be lawfull to and for all such Assignee and Deputy , to have and take all the sees and commndities , profits , and advantages , from thenceforth to the said office belonging , or in any wise appertaining , This Indenture or any thing therein contained , or any other matter or cause concerning the Assignement or deputation of the said Under-sherifwicke in any wise notwithstanding .

And the said A. B. for him , his Heires , &c. doth covenant & grant to and with the Covenant by the Sheriff to deliver cancelled to the under-sheriffe , all the security given by him for the execution of his office , or for the saving harmless of the Sheriff , within three moneths after he shall have procured a quietus est . said C. D. his Heires , &c. by these presents ; That he the said A. B. his Heires , &c. shall or will deliver , or cause to be delivered to the said C. D. his Heires , &c. to be cancelled , all such Bonds , and Obligations , wherein any person or persons shall be , or stand bound , for , or in the behalfe of the said C. D. to the said A. B. for , or in respect of the Execution of the said Office of the said Under-sherifwicke , or for the saving harmlesse of the said A. B. concerning the said Office of High Sheriffe , within three moneths next after the said C. D. his Heires , &c. shall procure or deliver to the said A. B. his Heyres , &c. a Quietus est out of his Highnesse Court of Exchequer , for his discharge of his said Office , and the Bond of the said C. D. to remain for the saving harmlesse of the said A. B. his Heirs , Executors , and Administrators , of Amerciaments and other Impositions touching the said office .

And whereas by an Agreement made An agreement between the under-sheriff , and one E. F. by which the under-sheriffe doth acknowledge that he is to pass the whole account , &c. and to get a discharge for the same , and for that purpose the Sheriffe hath security : Neverthelesse for the better security , the Sheriffe doth by these presents binde the said E. F. &c. betweene the said C. D. and one E. F. Gentleman , whom the said A. B. hath appointed Under-sheriffe for the County of YORKE , it is acknowledged and affirmed by the said C. D. before the sealing of these Indentures , that the said C. D. his Executors , Administrators or Assignes , is to passe the whole account of the said A. B. and to execute , levy , gather up , extend , bring in , and pay all such seisures , extents , processe , Chequer silver , duties and demands , charges , sum , and summes of money whatsoever , howsoever , or wheresoever , as the said A. B. his Heires , Executors , or Administrators , shall be in any Court or Courts , place or places , any way charged or chargeable unto , or withall as Sheriff of the said County of Y. at and according to the place and places , time and times , limited in these Indentures , for the said C. D. to do and performe , and thereupon shall also acordingly within sixe moneths next ensuing the time within limited , procure unto the said A. B. his Heires or Assignes , a sufficient discharge , and quietus est in full discharge of the said office and account .

And the said A. B. hath to that end also security of two thousand pounds from the said C. D. and his sureties , for the performance of the like covenant amongst other covenants in the Indenture specified , which are made between the said A. B. and the said C. D. And yet notwithstanding the said A. B. for his better security doth by these presents binde and tye the said E. F. his Executors , Administrators , or Assignes , to the doing and performing of the same . Also the said A. B. is well pleased and contented , and Covenant by the Sheriff , not to charge the said E. F. &c. if he may be relieved and saved harmlesse by the undersheriff and his sureties . for himselfe , his Executors , and Administrators , doth covenant , promise , and grant , to and with the said E. F. his Executors , Administrators , and every of them , that if the said A. B. his Heirs , Executors , Administrators , and Assignes , shall or may be relieved , saved harmlesse , or indempnified for and concerning the fore-recited covenants and agreements by the sayd C. D. his Executors , and Assigns , and his sureties , that then he the said A. B. his Executors , Administrators , or Assignes , shall or will not take any benefit or advantage of the said covenants and agreements against the said E. F. his Heirs , Executors , Administrators , or Assignes , or any his sureties , or any of them . In witnesse whereof , &c.

Or Thus.

THIS INDENTURE made , &c. in the year , &c. Betweene A. B. of R. in the County of Yorke , Esq ( now high Sheriffe of the said County ) of the one part , and C. D. of , &c. in the said County , Gentleman , of the other part . Whereas his Highnesse , RICHARD , Lord Protector of the Common wealth of England , Scotland , Ireland , and the Dominions and Territories thereunto belonging . By his Highnesse Letters Patents under the Great Seale of ENGLAND , bearing date the seventeenth day of this instant November , have made , nominated , constituted , assigned , and appointed the said A. B to be High Sheriffe of the said County of YORKE during his pleasure .

Now this Indenture witnesseth , That the said A. B. for the good opinion which he hath conceived of the said C. D. and of the trust and confidence which hee reposeth in him , hath deputed , assigned , constituted , and ordained , and by these presents doth depute , assigne , constitute , and ordaine him the said C. D. to be his Under-sheriff , of , for , and in the said County of Yorke , during all the time that he the said A. B. shall be and remaine Sheriffe of the said County , by force of the Letters Patents aforesaid , and doth hereby authorize the said C D. to serve , exercise , and execute the said Office of Under-sheriffe of the said County under him the said A. B. in his name during all the time aforesaid . And the said A. B , as farre as in him lyes , doth also by these presents grant unto the said C. D. that it shall , and may be lawfull to and for the said C. D. by force hereof to appeare , answer , and serve , and minister as Under-sheriffe of the said County of York , for and in the name of the said A. B. as well in all places of the said County of York , as in all and every the Court and Courts within the Common-wealth of England , and before all and every the Justices of Oyer and Terminer , Justices of Assize and Goal-delivery , Justices of the Peace , Coroners , and Escheators , and other Officers and Commissioners of this Common-wealth where the said A. B. by vertue of the said Office of Sheriff-wicke for the said County of YORKE , shall be bound , or ought to appeare , answer , serve , or be attendant , and to breake open , answer , returne and execute for him the said A. B. in his name all Processe , Writs , Precepts , Warrants , Mandates , and Commandements to the Sheriffe of the said County directed , or hereafter to be directed out of any the Courts aforesaid , or from any the Justices , Coroners , or Escheators aforesaid , and to doe , performe , and execute for him the said A. B. and in his name all and every thing and things , which by him the said A. B. by vertue of his Office of Sheriff-wicke of the said County of YORKE , is to be performed , executed , and done , saving alwayes , and Covenant , that the under sheriffe shall not open , returne , serve , or execute any Writs for Knights for the Parliament . Nor open , execute , or answer any Letters of his Highnesse , or the Councell , directed to the Sheriffe without his speciall warrant . excepting the said C. D. shall not by vertue thereof be authorized to open , returne , send , or execute any Writ or Writs for electing any Knights of the Shire , or Burgesse of Parliament for the said County of YORKE , or any Burrough within the said County , nor open , execute , or answer any the Letters of his Highnesse the LORD PROTECTOR , or the Councell , to bee directed unto the said Sheriffe of the said County of YORKE , without the speciall warrant , direction or Commandement of him the said A. B. for that purpose .

And further the said A. B. doth by these presents grant unto the said C. D. for the executing of the said Office , all the Fees , Duties , and Profits to him due , arising and growing , by the County Courts to be kept within the said County of YORKE , and all other fees , rewards , duties , allowances and profits incident to the office of Sheriffe-wicke , or thereunto belonging , for which the said A. B. is or shall be allowed by the Common Lawes of this Nation , Covenant , that the Vnder-sheriffe shall receive all dues and fees to his owne use , without rendering any account to the said Sheriff . or customes of the said County , either for the opening , returning , or executing of any Writ , Precept , or Processe , Warrant or Commandement whatsoever ; or for other executing of the said office , and which have not beene accepted heretofore , the ordinary Fees of any other his Bayliffs or other Officers , to have and enjoy the said duties , fees , rewards , allowances and other profits to his owne use without an accompt to be rendered to the said A. B. his Executors , or Administrators for the same .

And the said C. D. for and in consideration of the benevolence aforesaid , and for the free gift and grant of the said A. B. doth for himself , his Heirs , Executors , Administrators , and Assignes , and every of them , covenant , promise , grant and agree , to and with the said A. B. his Heirs , Executors , and Administrators , and Assignes , by these presents , Covenant to execute the office without committing extortion , &c. that he the said C. D. shall and will at all times from and after the day of the date of these presents , duely , diligently , lawfully and carefully serve the said A. B. as his Deputy and Under-sheriffe of , in , and for the said County of YORKE , without doing or committing any kinde of extortion , or wilfull mis-behaving of himself in the said office , and shall and will duely and respectively execute the said office of Sheriff-wicke , under the name of the said A. B. in all points , so farre forth as these presents , the LAWES of the LAND , or other Licence or Commandement of the said A. B. shall warrant or give liberty , and shall and will in the name of the said A. B. and as his Deputy in the said office of under-Sheriff of the said County of Y. be answerable , attendant and minister in all Courts of his Highnesse the Lord Protector by and before the said Justices of Assize , Justices of the Peace , and all Commissioners , Escheators , Coroners , and other Officers of his Highnesse the Lord Protector , before whom the said A. B. shall be bound or required to Covenant to execute , answer , & returne all processe , writs , precepts and Commandmentsdirected to the Sheriff , &c. Minister , answer , or be attendant in respect of the said office of Sheriffwick for the said County , and shall and will execute and make answer , true and sufficient return of all such processe , writs , precepts , and commandments directed from his said Highness , or from every or any of the said Courts , Justices , Commissioners , Escheators and other Officers aforesaid , as shall be delivered to , or come to the hands of him the said C. D. his Deputie or Deputies , Assignee or Assignes , or shall and will discharge and save harmlesse the said Covenant , to save the Sheriff , &c. harmlesse , from all fines , issues and amerciaments , &c. for not executing , not filing , neglecting , mis-executing , &c. any writs , processe , precepts , warrants , or commandments &c. or other misdemeanors . A. B. his heires , Executors , and Administrators , and his and their and every of their Lands , Tenements , Goods and Chattels , of and from all fines , issues and amerciaments , and other penalties , forseitures , paines corporall and pecuniary whatsoever , whereby or wherewithall the said A. B. his heires , executors , or administrators , or his , or their Lands , Tenements , Goods or Chatels shall or may be charged or chargeable for his the said A. B. or the said C. D. not executing , not filing neglecting , mis-executing evill returning , not serving , mis-returning , or mis-filing any of the said Writs , Processe , Precepts , Warrants , or Commandments aforesaid , or for the absence evill attendance , or not attendance of the said A. B. or of the said C. D. or his Deputy as aforesaid , or other misdemeanors in the executing , not executing , or misexecuting of the said office in any thing which the said C. D. might by vertue of these presents by himselfe or his Deputies execute or performe other then from such fines , issues , amerciaments , and other penalties as shall be imposed or adjudged upon or against the said A. B. for or in respect of any offence , sault , or negligence by the said A. B. at any time after the day of the date of these presents committed , omitted , or done , or to be committed , omitted , or done by himselfe in his own person , or by any other , except the said C. D. by his the said A B. his commandment or appointment without the consent of the said C. D And that the said C. D. shall himselfe or his sufficient Deputy or Covenant to keep all the County Courts of the said County at usuall times & places , &c. And to appoint Attorneyes or Deputies of Record in the Court of Record And constitute Deputies in every Hundred , &c. Deputies duly and lawfully keep , or cause to be kept within the said County of Y. all and singular County Courts of the said County , at such times and places as heretofore hath been accustomed : And that he the said C D shal and will make and appoint one or more Attorney or Attorneys , Deputy or Deputies of Record in the Courts of Record , now commonly called the Upper Bench , Common Bench , and Exchequer , and in all other Courts and Offices wherein Attorneys are commonly appointed ; And so shall and will ordain , appoint and make one or more able Deputy or Deputies for him the said A. B. in every hundred within the said County of Y. according to the Lawes and Statutes in these cases provided , so that the said A. B. shall not hereafter be liable to any penalty or forfeiture , for want of any such Attorney or Deputy , And shall and will , Covenant to make ready , at his proper charges , the place where the Assizes , &c. shall be holden . at his own proper costs and charges , appear , and make ready all such place and places where the Assizes , Goal-delivery , or Sessions shall be from time to time holden , meet and convenient , Courts , Bars , and all other things necessary and convenient for the Justices of Assize , and other Justices to keep their Assizes and Goal-delivery and Sessions in , and shall and will from time to time give notice in convenient time to the And shall give notice to the Sherif in convenient time , of the times and places where his personall attendance shall be requisite . said A. B. of every such time and times , place , and places , where the personall attendance of the said A. B. shall be requisite and necessary , so as the said A. B. may be personally present at such times and places , when and where his personal appearance and attendance shall be necessary .

Covenant to collect and levy to the use of his Highnesse the goods of felons and fugitives & of persons outlawed , and of persons attaint and convict of treason murther or felony . And to collect & gather up all fines , amerciaments , extracts , certainties fee-farms , pipe-silver , &c which he shall have warrant or authority to seize , levy , or collect , &c. And furthermore , that the said C. D. by and during the continuance of the said office , shall and will well and truly collect , levy , gather , and seize to the use of his Highnesse the Lord Protector all the goods and chattels of selons and fugitives , and of all persons outlawed , and put in Exigent , and of all persons attainted and convicted of treason , murder , or felony , which shall happen within the said County of Y. during the time aforesaid , which shall be due or forfeited to his Highnesse the Lord Protector by any wayes or means aforesaid , And shall and will from time to time well and truly collect and gather up all Fines , Amerciaments , Extracts , Certainties , Fee-farms , Pipe-silver , for License , Concord for Fines , Green wax and all other sum and sums of money , which to the collection of the said A. B. by reason of the Sherifwick of the said County shall appertain or belong , and which the said C. D. shall have warrant or lawfull Authority to seize , levy , or collect , or which he shall have notice of , and may reasonably come by ; and thereof , and of every part thereof , and of all other the issues and revenues of the said County , and of all sums of money due , or hereafter during the continuance of the said Office of Sheriffwick of the said County , doth or may appertain , shal and will to his Highnesse the L. Protector in the Court of Exchequer aforesaid , yield and give just accompt , and asso that he And shall at such dayes and terms as the said A. B is , or shall be required to enter into accōpt of the Court of Exchequer , touching the said office , the which the said C. D. shall do in the name of the said A. B. Sheriff , &c. the said C. D. his Executors or Administrators at such days and terms as he the said A. B. is or shal be required to enter into accompt of the Court of Exchequer , for or touching the said Office , the said C. D. shall and will enter into accompt in the said Court of Exchequer in the name of the said A. B. for and concerning the said Sherifwick of the said County of Y. in and upon which accompt the said C. D. his Executors and Administrators , shall and will truly answer , all such debts , duties , and sums of moneyes , as the said C. D. his Deputies , Officers , or servants , or any of the Bailiffs , of any of the Hundreds of the said County shall have received , or might have received , or wherewith the said A B. as Sheriff of the said County shal be any ways charged or chargeable with upon the same accompt ; And the same accompt shall and will , at his the said C D. his own costs and charges , prosecute with effect , untill And the same accompt shall at his own costs and charges prosecute with effect , until it be finished , without demanding any allowances of the Sheriffe . the same accompt be fully finished and concluded , without demanding any allowance or allowances of the said A. B. his executors or administrators for the same : And also that the said C. D. his executors and administrators shall and will pay into the Receipt o● Exchequer all such summes of money as upon the said accompt shall be found in arrearages within one year next after the feast of S. Michael next ensuing the date hereof , and in the name of the said A. B. obtain a lawfull discharge , And shall pay into the Exchequers receipt all such summs of money , as upon the said accompt shall be found in arrearages , within one year next after the feast of S. Michael next , &c. and in the name of the said A. B. shall obtain a Quietus est out of the said Court of Exchequer for him the said A. B &c. within one year next after the said feast of S. Michael , &c. paying all fees , duties and charges , rewards , &c. which shall be required of the said A. B. without demanding any allowance . and Quietus est out of the said Court of Exchequer for him the said A. B. and the same shall and will deliver unto the said A. B. his heirs , executors , or assignes , for a full discharge of him the said A. B : his heirs , executors , admistrators and assignes , or , & concerning the said Sherifwick of the said County of Y. within one year next after the said feast of S. Mich. and that the said C. D. his heirs , executors , administrators and asgnes , or some , or one of them , shall and will , at some or one of their owne proper costs and charges , disburse and pay for the said A. B. all , and all manner of sees , duties , charges , summ and summs of money , rewards , gratuities , and demands whatsoever , which shall be required , demanded , or demandable of the said A. B. as due or accustomed to be paid or given by the Sheriff of the said County , for , or by reason of the said accompt , without demanding any allowance or allowances therefore of the said A. B. his heirs , executors , administrators , or assignes , and the said C. D. doth further for the consideration aforesaid , for himself , his heirs , executors , administrators , and assigns , & for every of them covenant , promise , grant , and agree to and with the said A. B. his heirs , executors , administrators and assignes , by these presents , that the said C D. his executors or administrators , Covenant , that the said C. D. shall truly satisfie and pay all summs of money as he or any Deputy , &c. shall at any time levy and receive by vertue of any writ , Process of Extent , Cap. ad sat. Fieri sac . Elegit , &c. against any former Sheriff , or any other writs of Execution , &c. whatsoever , according to the true tenure of any such writ , &c. shall and will from time to time , and at all times hereafter , well , duly , and truly satisfie and pay all and singular such summ and sums of money as he the said C. D or any deputy Clark or Clarks , Bayliff or Bayliffs , substitute or substitutes under him , shall at any time and times , and all times levy and receive , by vertue or reason of any writ or writs , Processe of Extent , Liberate , Capias ad satisfaciendum , Fieri facias , Elegit , Distringas nuper Vice-comes , against any former Sheriff , or any other writ , or writs of execution or warrants whatsoever , according to the purport and true tenure of any such writ or writs , warrant or warrants respectively , and in such manner as by the same respectively shall be limited , required or appointed , and shall from time to time sufficiently save harmlesse and defend the said A. B. his heirs , executors and administrators , of for and from all and every such summ and summs of money as aforesaid .

And further , he the said C. D. his heirs , executors , Covenant , that the said C. D. shall at his proper costs and charges conduct and safe delivery make of all such prisoners as are , or shall be in the custody of the Goal , to such persons , and to such places as the said A. B. by writ , warrant , &c. or by vertue of his said office , be commanded or bound to deliver the same . administrators , or assignes shall and will at his and their own proper costs and charges , conduct and safe delivery make of all such prisoners as are , or hereafter shall be in the Custody of the Goal for the said County of Y. to such person and persons , and to such place and places as the said A. B. shall by writ , warrant , or other precept or commandment , or by vertue and in respect of his said office , be commanded or bound to deliver the same .

And shall at his proper charges execute , or cause to be executed , all such persons as shall be convicted and put in execution , according to their severall judgments , &c. And further shall and will also , at his and their own proper costs and charges , execute , or cause to be executed , all such persons as at any time during the time aforesaid , shall be convicted , and put in execution , according to their several judgments , if the same person or persons be not by any lawfull authority reprieved into the said Goal .

And the said C. D. doth further for himself , his Covenant that the said C. D. shall up on the discharge & giving up of the said office , to such as shal succeed , deliver by Indentune to be made betweene the said A. B. his successors , to the successor of the said A. B. all such prisoners as then shall be in the custody of the said A. B. with the causes of their detainments , & imprisonments , and all such iron implemēts as belong to the Common Goal of the said County , &c. And also all writs , processe , warrants , and other things which shall be in his custody in respect of the said office . heirs , executors , administrators and assignes , and every of them , covenant grant , promise and agree , to and with the said A. B. his heirs , executors , administratos and assignes by these presents , that he the said C. D. his executors , & administrators , shal & wil upon the discharge & giving up of the said office , to such as shall succeed in the said office of Sheriff-wick , of , and for the said County of Y. in due form of law deliver , or cause to be delivered by Indenture to be made between the said A. B. and his successors , in the said office to the said successor of the said A. B. in the said office , or to his Deputy for the time being , all such prisoners as then shall be in the custody of the said A. B. or of any of his Deputies or Ministers , with the causes of their detainments and imprisonments , and all such iron implements and things as shall be in the custody of the said C. D. belonging to the common Goal of the said County , or to the officers of the same . And also all writs processe , warrants and other things , which then shall be in his hands and custody , in respect of the office of Sheriswick , of , in , and for the said County of Y.

And the said C. D. dorh further for himselfe , Covenant , that the said C. D. shall and will from time to time discharge defend and save harmlesse the said A. B. &c. and his goods , lands , &c. against his Highnesse , and all other , of , and from all maner of pains , corporall and pecuniary , forfeitures , fines , &c. hereafter lawfully to be commenced , prosecuted , imposed , &c. of , or against the said A. B. &c. or his lands , &c. for , or by reason of any escape of any prisoner , now under execution or arrest , or hereafter shall be ; or for not appearing of any person arrested at the daylimited , &c. or for , or by reason of any false returne , not returne , or mis-return of any warrant , &c. of the said C. D. &c. or for negligence in executing , or not in executing of the said office , by reason of the not levying , answering , or not paying of any summs of money , &c. or by reason of any writ or writs of assistance , for the levying of any summs of money wherewith the said A. B. shall or may be charged , &c. his heirs , executors , administrators , and assigns , covenant , promise , grant , and agree to and with the said A. B. his heirs , executors , and administrators by these presents , that he the said C. D. his heirs , executors , or administrators , shall and will from time to time , and at all times hereafter , discharge , defend , and save harmlesse as well the said A. B. his heirs , Executors , and administrators , and his and their lands and tenements , goods and chattels , aswell against his Highnesse the Lord Protector , and all other whatsoever , of , and from all manner or pains corporal and pecuniary , forfeitures , fines amerciaments , debts , accounts , duties , and demands whatsoever hereafter lawfully to be commenced , prosecuted , imposed , demanded or demandable of or against the said A. B. his heirs , executors , or administrators , or his or their lands , goods , tenements and chattels , for , or by reason of any escape of any prisoner , or prisoners whatsoever , now under execution , or under arrest , or hereafter to be had in execution or under arrest , for any manner of debt , damage , trespass , account , or other duties , or wrong ; or for any treason , selony , or other offence whatsoever , or for any other , or by reason of not appearance of any person arrested at the day limited , for the appearance in any Court or Courts , or before any Judge or Judges , or Justices whatsoever ; or for , or by reason of any false return , not return , or mis-return of any writ , warrant , or processe , or for any other misbehaviour , negligence , or larges of the said C. D. his Bailiffs , or Officers in executing , or negligence in executing , or not in executing of the said office of Sheriswick for the said County of Y. of , or for , or by reason of the not levying , answering , or not paying of any sum or sums of money , which shall , or may , or ought to be collected or received by vertue , or by reason of the said office of the Sheriswick of the said A. B. or having relation thereunto ; or by reason of any writ or writs Grant , that the said C. D. shall have to his owne use the benefits of such Bonds and Covenants as shall be taken of any persons , with condition for their appearance in any Court , or else-where , and of all obligations to be taken of any Bayliffs , &c. and all other bonds & coven . which are , or shal be made to the said A. B. ( except , &c. ) and shall & may sue and prosecute the same in the name of the said A. B. at the cost and charges of the said C. D. and the money recovered to have to his owne use , without any account thereof , &c. The said A. B. not acquitting any of the said bonds , judgements , &c. without the consent of the said C D. unless the said A. B. shall be enjoyn'd thereto by order , or course of law or equity . of assistance for the levying of any sums of money wherewith the said A. B. shall or may be charged or chargeable , of , or for any matter , clause , or thing having relation to the said office ; and to the intent that the said C. D. may the better perform the execution of the said office , the said A. B. is contented and pleased , and doth hereby grant unto the said C. D. that he the said C. D. shall have to his own use the benefit of such Bonds and Covenants as shall be taken of any person or persons , wherein the same person or persons shall become bound unto the said A. B. as Sheriff of the said County of Y. with condition for their , of any of their appearance in any Court , or elsewhere , before any Commissioners of his Highnesse the Lord Protector : And of all Obligations taken , or to be taken of any Bayliffes , or their sureties , and of all other Bonds and Covenants , which are or shall be made to the said A. B. as the Sherif of the said County of Yorke ( except the Covenants herein contained ) and the Bonds and Obligations taken , or to be taken for the performance of the said Covenants , and every of them ( except before excepted ) and shall and may sue and prosecute the same in the name of the said A. B. his Executors , and Administrators , at the proper costs and charges of the said C. D. his Executors . Administrators and Assignes , and the moneys thereof and thereby recovered , to have , take and detaine , to his and their owne use and uses , without any account thereof , to yield or make to the said A. B. his Heires , Executors , Administrators , or Assigns , all which said Bonds and Covenants ( except before excepted ) he the said A. B. doth for himselfe , his Heires , Executors , Administrators , and Assignes , covenant , promise , grant and agree to and with the said C. D. his Executors and Administrators by these presents , that neither he the said A. B. nor his Heirs , Executors , or Administrators , or any of them , shall release , acquit , nor discharge the said Bonds or Covenants . nor any action , plaint or suite thereupon to be brought or any judgement or execution thereupon to be had , without the assent of the said C D. his Executors , Administrators , or Assignes , unlesse he the said A. B. his Heires , Executors , or Administrators , shall be enjoyned thereunto by order or course of Law or equity .

And the said C. D. doth for himselfe , his Heires , Covenant , that the said C. D. shall and will from time to time keep harmless the said A. B his , &c. of & from all costs and charges and damages which may arise by reason of any bill in equity , or of any Non-suit or judgement obtained by any person , of , or upon any of the said covenants , obligations , or bonds to be taken for appearance as aforesaid , or by reason or means of removing any action or suit in the name of the said A. B. upon the same Covenants , &c. Executors , and Administrators , covenant , promise and grant , to and with the said A. B. his Heires , Executors , and Administrators by these presents , that he the said C. D. his Executors and Administrators , shall and will from time to time , and at all times hereafter , save , defend , and keep harmlesse the said A. B. his Heires , Executors , and Administrators , and his and their lands , tenements , goods , and chattels , of and from all costs , charges , and damages which may arise and happen , by reason of any bill in equity , or of any Non-suit or judgment obtained by any person or persons of , or upon any of the said Covenants , Obligations , or Bonds , to be taken for appearance as aforesaid , or by reason or meanes of removing any action or suit in the name of the said A. B. his Heires , Executors , or Administrators , against any person or persons upon the same Covenants , Obligations , or any of them .

And whereas it is agreed by and between the said parties to these presents , that the said C. The said C. D. is bound to the said A. B. in the summ of 500 l. for the performance of the covenants , &c. aforesaid , on the part and behalfe of the said C. D. to be performed procuring five sufficient Sureties to be bound in 100 l. a piece , with the like conditions . D. shall become bound by obligation to the said A. B. in the penal summ of 500 l. conditioned for the true performance of the Covenants , articles , and agreements in these presents contained , on the part and behalfe of him the said C. D. his heires , executors , and administrators , to be performed , and shall also procure five sufficient Sureties , before the thirtieth day of Ianuary next ensuing the date hereof , to become bound unto the said A. B. in the several penal summs of 100 l. a piece , with the like conditions as aforesaid .

Now the said A. B. is contented and pleased , A. B. grants to the said C. D. that he the said A. B. shall within the space of one yeare next after the said C. D. shall deliver , or cause to be delivered to the said A. B. the said Quietus est , being discharged and saved harmlesse from all payments , penalties , fines , &c. upon the reasonable request of the said C. D. shall deliver or cause to be delivered up the said obligations so to be made by the Sureties of the said C. D. &c. & doth by these presents , for himselfe , his heirs , executors , administrators and assigns , covenant , promise , and grant , to and with the said C. D. his heirs , executors , administrators , and assigns by these presents , that he the said A B. his heirs , executors , or administrators , or some , or one of them , shall and will within the space of one year next after the said C. D. his heirs , executors , or administrators , shall deliver or cause to be delivered unto the said A. B. his heirs , executors , administrators , or assignes , the said Quietus est , before in these presents mentioned , the said A. B. his heirs , executors , and administrators , being first sufficiently and reasonably discharged , and saved harmlesse , of , and from all the payments , penalties , fines , amerciaments , damages , dangers , and other demands before in these presents mentioned upon the reasonable request of the said C. D. his heirs , executors , or administrators , shall deliver or cause to be delivered up the said Obligations , so to be made by the Sureties of the said C. D. as aforesaid , to such Suretie or Sureties respectively , and to their respective heirs , executors , or administrators to be cancelled : In witnesse whereof , &c.

The form of the Condition .

THE CONDITION , &c. That whereas His Highnesse the Lord PROTECTOR , &c. by his Letters Patents bearing date the , &c. in the year of our Lord , &c. did apoint , nominate , and make the within named A. B. High Sheriffe of the County of York , which said A. B. afterwards by his Indenture bearing date , &c. did ordaine , depute , constitute , and make the within bounden C. D. his Deputy and Under Sheriffe of the said County of Y. as by the same Indenture more plainly at large doth , and may appear ; If the said C. D. his heirs , &c. and every of them do at all times hereafter , and from time to time , for ever clearly acquit , exonerate , and discharge , or otherwise sufficiently save and keep harmlesse the said A. B. his heires , executors , and administrators , and every of them , and his and their goods , chattels , lands , tenements , possessions , and hereditaments , and every of them , and of , and from all and every of the summ and summs of money wherewith the said A. B shall be charged , by reason of the said office of Sheriffwick , and shall fall out not to be answered upon the accompts ; and of and from all action and actions , plaint or plaints , or debt , or debts that shall be commenced against the said A. B. his heires , &c. by reason of any escape , or escapes , committed of any prisoner or prisoners arrested , and not committed to the common Goale of the said County , or afterwards by the act or negligence of the said C. D. or any the Bailiffe or Bailiffes , or any his servants or Deputies , and of and from all actions , suits , costs , losses , damages , hinderances , and demands whatsoever , which shall or may at any time or times hereafter come , grow , or be to or against the said A. B his , &c. on his or their goods , chattels , lands , tenements , possessions and hereditaments , and every or any of them , for , or by reason of the premisses , or any of them , That then this present Obligation , &c.

Or thus :

THE CONDITION , &c. That whereas the above named A. B. Sheriffe of the County of Y. hath assigned and deputed the above named C. D. his Under-Sheriff : If therefore the said C. D. the above bound E. F. and H I. their heires , executors , and administrators , and every of them do at all time and times hereafter , save and keep harmlesse and indempnified as well the said A. B. his heires , executors , administrators , and assignes , and every of them , as also the lands , tenements , hereditaments , goods and chattels of the said A. B. of , for , touching , and concerning the returns and executions of all such Processe , Writs , and Warrants of what nature soeverr they be , as are , or shall be hereafter directed to the Sheriffe of the said County of Y. and shall be brought and delivered , or offered to be delivered to the said C. D. during the time that the said A. B. shall be Sheriffe of the said County ; And of , and from all issues , fines , and amerciaments which shall happen to be imposed or taxed upon the said A. B. for and concerning the not executing , wrongfull executing , or detaining in his hands any Writs , Processe , or Warrants , and of , for , and concerning all escapes of all , and every person or persons that shall be arrested or apprehended by vertue of any such Processe , Writ , or Warrant , during the time that the said A. B. shall continue Sheriffe of the said County of Y. And also if the said C. D. E. F. and H. I. their heires , executors , and administrators , and every of them shall save harmlesse and indempnified the said A. B. and his heirs and assignes , and his and their lands , goods , and chattels , of , for , or concerning all such accompt and accompts as the said A. B. is or shall be charged withall as Sheriff of the said County of Y. to his highnesse the Lord Protector , his heires , or successors in any of his Highnesses Courts , and of all summs of money , which shall be levyed or received by the said C. D. as under Sheriffe of the said A. B. or any Bayliffe or other person by the direction or assent of the said C. D. to the use of His Highnesse the LORD PROTECTOR his Heires or Successors , That then , &c.

But they are commonly made as all other Bonds are for the performance of Covenants , in this manner .

THE CONDITION , &c. That if the above bounden C. D. do well and truly observe , performe , fulfill , and keep , all and singular Covenants , Grants , Articles , payments , promises and agreements , which on the part and behalf of the said C. D. his heirs , executors , &c. or any of them , as are to be observed , performed , fulfilled , or kept , contained , written , declared , or specified in one pair of Indentures , bearing date , &c. made between the said C. D. of the one party , and the within named A. B. of the other party , according to the tenure , purport , true intent and meaning of the said Indentures , That then , &c.

An Indenture for the setting over of Prisoners , and Writs between two Sheriffs .

THIS INDENTURE made the tenth day of December in the year , &c. Between A. B. Esquire late Sheriffe of the , County of York , of the one part , and C. D. Esquire , now Sheriffe of the said County , on the other part , WITNESSETH , That the said A. B. by vertue of his Highnesses Writ of discharge of his late office to him directed , hath delivered and set over unto the said C. D. these Writs following ; That is to say , a Capias against L. M. returnable in 8 dayes of S. Hillary at the suit of N. O. &c. Together with the bodyes of E. F. in execution at the suit of I. H. for a debt of an hundred pounds , and G. R. at the suit of R. S. in execution for forty pounds , and W. P. in execution as well at the suit of S. I. for a debt of ten pounds , as also at the suit of T. W. for a debt of thirty pounds , &c. In witnesse whereof , &c.

An Indenture for the Knights of the Parliament .

THIS INDENTURE made in the full County of York , held at the Castle of York in the said County on Monday the three and twentieth day of October in the year , &c. Between A. B. Esquire , Sheriff of the said County of the one part , and C. D. Esquire , E. F. Esquire , G. H. Esquire , &c. and many other persons to the said County , and Electors of two Knights of the Parliament in the Writ to this Indenture annexed specified , of the other part : who as the greater part of the whole County aforesaid , then there being , sworn and examined , according to the force , form , and effect of divers Statutes thereupon set forth and provided , chose R. S. and T. W. Knights within the said County Commorant , Knights able , most fit , and discreet , giving and granting to the two aforesaid Knights , full and sufficient power for themselves and the whole County aforesaid , to do , and consent to those things which at the Parliament in the said Writ contained by the Common-Counsell , &c. shall happen to be ordained , in businesses in the said Writ specified . In testimony whereof the one part of the Indenture remaineth with his Highnesse the Lord Protector of the Common-wealth of England , Scotland and Ireland , and the dominions and territories thereunto belonging , the parties abovesaid have put their seals , to the other part of the same Indenture the Sheriff aforesaid hath put his seal . Dated the day , yeare and place abovesaid , &c.

An Indenture upon choosing of a Burgesse to serve in Parliament .

THIS INDENTURE , &c. Between A. B. Esquire , High-Sheriff of the County of Y. of the one part , and C. D. and E. F. &c. Burgesses , and Borough men of the Borough and Town of S. &c. of the other part , Witnesseth , That the said Burgesses and Borough men , according to the Proclamation made by the said Sheriff for the election of Burgesses in every Borough or Towne within the said County , have the day of the date hereof at S. aforesaid , elected , named , and appointed C. D. and E. F. Esquires , Burgesses of the said Town of S. and they to give their attendance , advise and counsel at the high Court of Parliament to be holden at Westminster the two and twentieth day of August next ensuing the date of these presents . In witnesse whereof the said Burgesses and Borough-men to these present Indentures have put their seales , and subscribed their names the , &c.

A Condition for the executing of a Goalership .

THE CONDITION , &c. That if the within bounden C. D. his Executors and Assigns , do well and truly execute and use the office of Goalership at the Castle of York for the said County , and also do well , surely , and safely keep all and every such person and persons , now being in the prison of the Common-wealth of England in the said County of Y. or that hereafter shall be committed to the said Goale , or to the said C. D. and further , that if the said C. D. his Executors or Assignes , at his or their proper costs and charges , do safely carry , bring , and re-carry all persons in the said Goale now being , or that at any time hereafter shall be prisoners there , to any such place or places as the said Sheriffe , or his assignes shall appoint or name within the said County of Y. and furthermore be truly diligent , and attending , aiding , and assisting the said Sheriffe , and his Under-Sheriffe , and Deputies , at all and every time and times when any execution shall be done , within the said County , to , and upon any person or persons , attainted , or to be attainted for treason , selony , murther , or heresie , or otherwise , or for any other cause , unto the end of the execution : And further , if the said C. D. his Executors and Assignes do discharge and save harmlesse the said Sheriffe his Heires , Executors , Administrators , and Assignes , against His Highnesse and the Common-wealth of England , and against all and every other person and persons , and from all manner of escapes , damages , and losses , fines , issues , and amerciaments , which by the negligence or otherwise of the said C. D. his Executors , or Assignes , that the said Sheriffe shall or may in any wise be charged or incumbred with , or ought to be charged by the Law , by reason of the office of the Sheriffwick of the said County from time to time , and do content and pay to the said Sheriffe ; his Executors , or Assignes , all such summe and summes of money , as the said Sheriffe , his Heires , Executors , or Assignes , ought to pay to his Highnesse the Lord Protector , or to any other person or persons , or be due to the said Sheriffe , by reason of the said Office of Goalership , That then , &c.

Or Thus.

THe Condition , &c. That if the above bounden A. B. Gaoler to the said Sheriffe of the County of Yorke , do from time to time receive and take into his ward and custody within the Gaole at the Castle of Yorke , in the County of Yorke aforesaid , all such person and persons , prisoner and prisoners , which shall be committed or sent to the said Gaole , or committed to the ward and custody of the said Gaoler , by the said Sheriffe or his Deputy , or by any Justice or Justices of Peace , or by any other having lawfull authority to commit persons or prisoners to the said Gaole , and the said persons and prisoners so committed as aforesaid , doe well and truly , duely and sufficiently by his owne proper person , or by his sufficient Deputy or Deputies , so keepe , that the said Sheriffe , his Heires and Executors , and all the Lands , Tenements , Goods and Chattels of the said Sheriffe be saved harmlesse from all losses , penalties , amerciaments and damages whatsoever , as well against his Highnesse the Lord Protector , &c. As also against all other person and persons , of , for , and concerning the custody and keeeping of the said Gaole and Prisoners within the said Castle of Yorke , or else-where in the said County of Yorke , and likewise doe discharge , save and keepe harmlesse the said Sheriffe , his Heires and Executors , and all those his Lands , Tenements , Goods and Chattels from time to time , and at all times hereafter , of and from all and every escape and Escapes , as well of convict persons , Reprieves and Felons , and of all other persons now committed for any contempts , condemnations , trespasses , or misdemeanours which may happen , or chance hereafter to be committed to the said Gaole , for any the causes aforesaid , during the time the said C. D. shall be Sheriffe of the County of York , and likewise that the said A. B. or any other by his consent , privity , or appointment , in any wise let to baile or mainprize , any prisoner or prisoners to him committed as aforesaid , not baylable by the Lawes of the Nation , without the speciall commandement or appointment of the said Sheriffe ; And if the said A. B. or his sufficient Deputy , be ready to give his attendance upon the said Sheriffe and his Deputy at all times necessary and convenient , and all and every lawfull thing and things that he shall be required to do by the said Sheriffe or his Deputy touching or concerning the &c. affaires and businesse wherewith the said Sheriffe is , or shall be charged or employed , in or about the keeping of the said Gaole or Prison , that then , &c.

Articles betwixt the High Sheriff , and a Bayliffe of a Wapentake , or Hundred .

ARticles of Agreement indented and made the tenth day of March , in the yeare , &c. Between A. B. of R. in the County of Y. Esquire , High Sheriffe of the said County , of the one part , and C. D. of A. in the said County , Gentleman , of the other part .

To be bayliff during the pleasure of the Sheriff . Whereas the said A. B. by his deputation under the seale of his Office , hath constituted and appointed the said C. D. to be his Bayliff within the Wapentake of Ewcrosse , to execute and enjoy the same Office onely during the pleasure of the said A. B. Now it is covenanted and agreed between the said parties , and the said C. D. for himselfe , his Executors , Administrators , and Assignes , for the consideration aforesaid doth covenant and grant unto , and with the said A. B. his Heires , Executors , and Admnistrators in manner following .

First , That the said C. D. shall and will during such time as he shall execute the said Office , well and sufficiently performe and doe whatsoever to the sayd office belongeth , as well within the said Wapentake as without ; And shall with speed and secrecy serve He must execute every precept & warrant with speed and secresie , making a true returne by the space of four dayes before the respective returns thereof , and keep harmlesse the Sheriff his , &c. of and from all escapes , &c. and execute , or cause to be served and executed all and every precept and warrant to him directed by the said high Sheriffe or Under-sheriffe . And shall make a true returne thereof to the said Under-sheriff , or his Deputy by the space of four dayes before the respective returnes thereof : And shall likewise from time to time save and keep harmlesse the said high Sheriff , his Heires , Executors , and Administrators , Lands , Tenements , Goods and Chattels , of and from all Escapes , Amerciaments , Fines and sums of money , or other charges and incumberances whatsoever , which shall or may be imposed or happen upon the said high Sheriff , for or concerning the executing , or returning of them , or any of them .

2 Item , That he the said C. D. his Executors , or Assignes , shall well and truly He shall truly pay to the Vnder-sheriffe the Blanck-farme within the said Wapentake within sixe dayes next after she Annunciation , and St. Michael , and shall at his owne charge levy and collect all summes of money of what nature soever , within the said Wapentake , as are due to his Highness , or &c. pay , or cause to be paid to the said Under-sheriffe or his Assignes at his Office in the City of Y. or lese-where the Blanck-farme due to his Highnesse within the Wapentake , within 6 days next after the Annunciation of our blessed Virgin Mary , and Saint Michael the Arch-Angel by equall portions , and shall likewise at his owne proper costs and charges faithfully and truly levy , collect and gather all and every sum and summes of money of what nature soever within the said Wapentake , as are , and shall from time to time grow due and payable to his Highness , or which are and shall be within the charge of the said Sheriffe , and estreated , and given in charge to the collection of the said C. D. or his Assignes , and shall within three weeks next after any Estreat & warrant to him directed for the levying and collecting thereof pay , or cause the same to be payd unto the said Sheriffe or his Deputy at Y. or else-where , or make his personall appearance there to give a just account , for what cause he hath not collected nor levied the same .

3. Item , That the said C. D. shal diligently enquire He shall enquire of the goods and chattels of Felons , Fugitives , of persons outlawed and condemned , waises , estrayes , &c. delivering them to the Sheriffe within one moneth next after the seisure . of the Goods and Chattels of all Felons and Fugitives , and of all persons outlawed and condemned , and of goods and chattels waived , estrayed , and escheated within the same Wapentake . And the same shall lawfully inventory and seise into his Highnesse's hands as Bayliff of the said Wapentake , and shall likewise truly account for , and deliver , or cause to be delived unto the hands of the said Sheriff or his Deputy the goods so seised and inventoried , within one moneth next after such seisure and inventory made .

4. Item , That the said C. D. shall from time to He shall give lawful summons to all Jurors & Free-holders as shall be appointed to appeare at the Assizes , Justices of the Peace , &c. attending personally himselfe at the Assizes , Sessions , &c. to make his just returns , &c. time give lawfull summons and warning to all such persons , Jurors , and Free-holders , as shall from time to time by warrant from the said High Sheriffe or Under-sheriffe , be appointed to appeare before his Highnesse his Justices of Assize or Gaole-delivery , Justices of the Peace , or before any other person or persons , having any lawfull authority to summon the same persons , and that he himselfe shall personally attend at the same Assize and Gaole-delivery , Sessions of the Peace , and at the County Court , to make his just returnes , and doe all the services belonging to the Bayliffe of a Wapentake , if he be in health , or able to performe the same , or otherwise by his sufficient Deputy to be allowed under the High Sherifs seale of Office .

5. Item , That he the said C. D. shall before the twelfth day of January next coming , He shall deliver before the twelfth of January next unto the hands of the said Sheriff , &c. a paper booke faire written , containing the names , &c. of all Free-holders resiant in the Wapentake : And shall save and keepe harmlesse the Sheriff his , &c. from all issues and amerciaments , &c. for not returning or misreturning of any Free-holder . deliver , or cause to be delivered unto the hands of the said High Sherif , or Under-sherif , one paper booke fairely written , containing the names , sir-names and additions , together with the dwelling places of all such Free-holders as are now dwelling and resident within the said Wapentake of Ewcross , and shall likewise save and keepe harmlesse the said Sherif his lands and tenements , goods and chattels of and from all issues and amerciaments which shall or may be charged upon them , or any of them , for and by reason of returning , not returning , or mis-returning of any Free-holder or Free-holders by the said C. D. or his Deputies .

6. Item , That the said C. D. his Deputy or Deputies , He shall bring or cause to be brought all persons by him arrested , &c. And upon all arrests of persons baylable , take bond with 2 sureties for appearance , and shall deliver the bonds to the under Sheriffe sixe dayes before the dayes of appearance . shall bring or cause to be brought to the Castle of Y. all such person and persons , as shall by them or any of them be arrested by vertue of any Warrant , or Warrants , upon any Capias utlegatum , or Capias ad satisfaciendum : And that likewise upon all Arrests of persons baylable take sufficient bond with two sureties , for their appearance at the returne of the Writ , and the said Bonds so taken shall deliver unto the Under-sherif or his Deputy , by the space of sixe dayes before the respective dayes of their severall appearances .

7. Item , That neither the said C. D. nor any of his Deputies make any sale of any He shall not sel any goods by him taken , &c. nor shall keepe them by the space of foure dayes , but shall deliver them to the under-sheriffe with the appraisements . goods by him or them , or either of them , seised or taken for any of his Highnesses debts , or upon any execution between party and party . Nor shall detaine or keepe in his or their hands any goods so taken by the space of foure dayes , but shall bring , send , or deliver the same unto the said Under-sherif , his Deputy or Deputies with a true Copy of their appraisements , and the names of the appraisers , in case the owners or some friends for them shall deny to take them as they are apprized , or to pay the debts and summes , for which they were so seised and taken , together with the reasonable charges expended concerning the same .

He shall within 6 dayes after notice to him given by the Sheriff , come to his office to make a perfect account for all fees for arrests , & c. 8 . Item , That the said C. D. his Deputy and Deputies dues , profits , &c. during the time he hath continued baylif , &c. returning the overplus to him of the sums so deposited by him . and every of them shall and will from time to time within sixe dayes after notice or command to him or them given by the said High Sheriffe or his Deputy , repaire and come to his Office at Y. or else-where , and then and there make a just and perfect account , for and concerning all Fees aswell for Arrests and Perquisites of Courts , as for all other dues and profits unaccounted whatsoever , for and which he and they or any of them , shall have received and taken , during such times as he the said C. D. shall continue Bayliffe of the said Wapentake , which of right belongeth unto his Highnesse , or the said now Sheriffe , or his Under-sheriffe . And the said high Sheriff or Under-sheriffe upon his true account so be made by the said C. D. shall returne unto him the said C. D. all the overplus of the said summe so deposited by the said C. D. to the said high Sheriffe or his lawfull Deputy , as shall remaine in his the said Sheriffs hands after the perfecting of the said account .

9. Item , That he the said C. D. shall after the severall He shall after the severall general Assizes & Sessions of the peace be ready in his owne person to conduct the prisoners condemned to the place of Execution , & shall aid the Sheriffe to apprehend Traytors , &c. generall Assizes and Gaole delivery , and Sessions of the Peace , be present and ready in his owne person , safely to carry and conduct the prisoners condemned to the place of Execution , and not to depart thence without licence from the high Sheriff , or his Under-sheriff ; And shall likewise from time to time so often as he shall be thereto required by the sayd Sheriff , Under-sheriffe , or his Deputies , be ready to ayd and assist them or any of them , for the apprehending of any Traytor , Priest , or Felon , or for any other matter or thing whatsoever , concerning his Highnesses service within the said County . In witnesse whereof , &c.

The Bond for the performance of these Articles is ordinarily made as all other bonds are for the performance of Covenants .

A Bond entered to a Sheriffe for ones appearance in the Common Bench.

KNow all men by these presents , that we A. B. of S. in the County of Y. Gent. C. D. of R. in the said County , Esquire , and E. F. of T. in the said County , Yeoman , are holden and firmly bound to G. M. Esq High Sheriff of the County of Y. in 30 l. of good and lawfull money of England , to be payd to the said G. M. his Executors , Administrators , or Assignes ; To the which payment well and truly to be made , we binde us and every of us by himselfe , for the whole , and in the whole , our Heires , Executors , and Administrators , firmely by these presents . Sealed with our seales , dated the twentieth day of June , in the yeare , &c.

The Condition .

THe Condition of , &c. That if the above bounden A. B. do appear before the Justices of the Common Bench at Westminster in the morrow of the holy Trinity to answer M. N Gent. in a plea of Debt . That then this present Obligation to be voyd , &c.

In the Upper bench , thus .

THe Condition , &c. That if the above bounden A. B. do appeare before his Highnesse the Lord Protector of the Common-wealth , &c. at Westminster on Saturday next after the morrow of St. Martin , to answer to M. N. of a plea of Trespasse : That then , &c.

Note that Upper Bench Writs are alwayes returnable upon a day certain ; as on Monday , or Tuesday , or Thursday , &c. next after the morrow of St. Martin , &c. and are alwayes in trespass : But Common Bench Writs are in Debt , Trespasse , Account , Trespasse upon the Case , &c. as the case requires , and are not returnable on a day certaine , but returnable on the morrow of the Holy Trinity , or the morrow of St. Martin , &c.

An Indenture of Covenants to a Sheriffe to save him harmlesse for returning a Devastavit against an Executor .

THIS INDENTVRE made , &c. Betweene Sir A. B. Knight , High Sheriffe of the County of Y. and C. D. Gentleman , Under-sheriffe of the said high Sheriffe of the said County of Y. of the one part , and E. F. of , &c. of the other part . Witnesses , That whereas the said E. F. hath obtained and sued out of his Highnesse Court of Common Pleas at Westminster , his Highnesses Writ of Fieri facias to the said Sheriffe directed , bearing Teste the 29 day of June now last past , and returnable in the said Court in 8 days of the holy Trinity last past , thereby commanding the said high Sheriffe to levy of the Goods and Chattels which late were of P. R. of , &c. deceased , at the time of his death in the hands of W. T. Executor of the Testament and last Will of the said P. R. the Testator a certain debt of 200 l. which the said E. F. in the said Court hath recovered against the said W. T. the Executor , as by the said Writ now delivered to the said Sheriffe in forme of Law to be executed , more at large appeareth .

And whereas the said E. F. hath informed the said high Sheriffe and Under-sheriffe , that divers goods , chattels , and debts , which were the said P. R. the Testator at the time of his death , to the value of his said debt of 200 l after the death of the said P. R. the Testator , came to the hands of the said W. T. the Executor within the said County to be administred ; and that the Executor since the death of the said P. R. the Testator , came to the hands of the said W. T. the Executor within the said County to be administred : and that the Executor since the death of the said P. R. the Testator hath wasted the same , so that unlesse the said Sheriffe shall upon the said Writ of Fieri facias make his returne , to this or the like effect , viz. That the said Goods and Chattels which were the said P. R. the Testator at the time of his death to the value of the said two hundred pounds , did after the death of the Testator come to the hands of the said Executor within the said County of Y. to be administred ; and that the said Executor hath wasted the same , so that the said Sheriff cannot by vertue of the said Writ of Fieri facias do execution thereupon of the goods and chattels as is thereby required ; And so that also the said E. F. cannot by course of Law have the benefit of his said recovery : whereupon the said High-Sheriff and his under-Sheriff , being desirous to do what to them or either of them , by vertue of their said Office appertaineth , for the surtherance of Justice in that behalfe , giving credit to the said assertion and affirmation of the said E. F. the said High-Sheriff at his earnest request hath upon the said Writ of Fieri facias in form of Law returned to his Highnesses Justices of the said Court of Common Pleas , a Devastavit of the Goods and The returning the Devastavit ▪ Chattels , which were the said Testators at the time of his death , and came to the hands of the said Executor to be administred to the said value of the said debt of two hundred pounds . Now therefore these presents do witnesse , that the said E. F. and T. P. for the indempnity and saving harmlesse of the said High-Sheriffe and Under-Sheriffe , and of their and either of their Clerks , of , for , and concerning the making of the said return , in case the assertion and information of the said E. F. be not true , do by these presents , Covenant and grant joyntly and severally for themselvs and every of them , and for their and every of their Executors and Administrators , to and with the said A. B. and C. D. and either of them , their and either of their Executors and Administrators , that they the said E. F. and T. P. or some of them shall and will at all times hereafter , discharge , acquit , and save harmelesse the said A. A covenant to the high Sheriff & the undersheriff to save them & their Clerks harmless , touching the return of the Devastavit , and to pay all costs , &c. that they shall be put unto . B. and C. D. and either of them , their , and either of their Clerk or Clerks , and the Heires , Executors , and Administrators of them and every of them for , and concerning all , & all manner of actions , suits , complaints , losses , vexations and troubles whatsoever , which shall at any time hereafter be commenced , attempted , brought , or prosecuted against them , or any of them by the said P. R. the Executor , his Executors or Administrators , or by any other person or persons , touching or concerning the said returne , or by reason or occasion thereof : And shall and will from time to time , beare and pay to to them the said Sir A. B. and C. D. all such sum and summes of money , damages , costs , and expences , as against them , or either of them , or against their , or either of their Executors , or Administrators shall be adjudged , decreed or ordered , or which they or any of them shall from time to time by reason or occasion aforesaid , be put unto , or shall necessarily lay out , or be enforced to pay by reason They binde themselves in the penalty of 300 l. for the performance of it . of any such action , suit , complaint , molestation , vexation or trouble : And for the true performance of all and singular which said premisses , the said E. F. and T. P. doe by these presents binde themselves joyntly and severally , and their and either of their Heires , Executors , and Administrators to the said Sir A. B. and C. D. in the summe of 300 l. of good , &c. to be paid to them or either of them , their , or either of their Executors or Administrators , if default or breach of the Covenant aforesaid shall be made . In witnesse , &c.

A discharge to the Sheriffe ( for a Prisoner ) from him to whom the prisoner is indebted .

KNow all men by these presents , that I A. B. of C. in the County of York have remised , released , acquitted and discharged , and by these presents doe for mee my Heires , Executors , Administrators , and Assignes , remise , release , and fully and absolutely acquit and discharge E. F. high Sheriffe of the said County of Y. and G. H. his Under-sheriff their Heirs , Executors , and Administrators , of and from all , and all manner of Escapes , as well voluntary as negligent , and of and from all actions , cause and causes of actions , for or concerning the enlarging , or setting at liberty of the body of L. M. taken at my suite by vertue of a Capias ad satisfac . to the said Sheriffe directed , of ten pounds debt , and fourty shillings costs of suit , returnable in the Court of Common-Pleas in Easter Terme last past , and I the said A. B. do hereby discharge the said Sheriffe from all actions , reckonings , duties and demands whatsoever , concerning the executing of the said Capias ad satisfac . In witness whereof , &c.

Or Thus ;

KNow all men by these presents , that I A. B. of , &c. have remised , released , and quit claimed , and by these presents do remise , release , and quit claim unto C. D. Esq now Sherif of the said County of Y. all and all manner of actions , suits , troubles and incumberances whatsoever , which I might , may , or ought to have against him for or concerning the discharging , or setting at liberty L. M. of N. in the said County , Gent. being arrested and imprisoned upon a Capias ad satisfaciendum out of the Court of Common Pleas at Westminster for an hundred pounds debt , and twenty shillings costs , at my suit , returnable from the day of Easter in one month last past . In witnesse whereof I have hereunto set , &c.

A Condition that the Sheriff executing a Writ , may detaine , out of the goods and lands extended so much mony , &c.

THE CONDITION , &c. That whereas the within bound A. B. the day of the date hereof , hath delivered to the hands of the within named C. D. and E. F. the Writ of execution , for levying and extending the goods , chattels , and moyety of the lands , tenements , and hereditaments of one G. H. of , &c. to , and for the use of the said A. B. whereby the same A. B. may be satisfied of the summe of two hundred pounds mentioned in the said Writ , if in case the said C. D. and E. F. or either of them , do lawfully execute , or cause to be lawfully executed , the said Writ , according to the nature , meaning , and purport thereof , by the impannelling of twelve lawfull and indifferent men to be sworn of the contents of the said Writ , if then the said A. B. his Executors and Administrators , do quietly permit and suffer the said Sheriffe or under Sheriffe to have , take , receive and detaine , to his and their owne proper use and behoofe , out of such moneys , goods , or chattels as shall be had , levyed , or received by vertue of the said Writ , or the execution thereof , so much in lawfull money of England , or other benefit as they or the said Sheriffe or under Sheriffe , or one of them , shall think reasonable or sufficient , for their satisfaction , of and for such travel , paines or charges , as they shall be at in and about the execution of the said Writ , and extent thereupon to be had or made , otherwise within , &c. next after the said writ shall be executed , and return made thereof accordingly , do pay , or cause to be paid unto the said Sheriffe , or under Sheriffe or their Deputy or Deputies so much lawfull money of England , as they shall for the causes aforesaid reasonably demand , That then , &c.

A Bargaine and sale of Goods made by the Sheriffe , by vertue of his office .

TO all faithfull people , to whom this present writing shall come , Sir H. B. Knight , Sheriffe of the County of Y. greeting . Whereas by vertue of his Highnesses Writ of Fieri facias to me directed , out of his Highnesses Court of Common Pleas at Westminster for the levying of an hundred pounds debt , and forty shillings damages , which Sir H. H. Knight , Lord Chiefe Justice of the said Court of Common Pleas , hath recovered in the said Court against E. F Administrator of the Goods and Chattels which late were of I. R. late of R. in the said County , Gent. deceased , at the time of his death to be levyed upon the Goods and Chattels which late were the said I. R.'s at the time of his death in the hands of the said E. F. to be administred , if so much of them do remaine in the hands of the said E. F. to be administred : And if not , then the damages to be levyed , of the proper goods of the said E. F. as by the said Writ returnable from the day of the holy Trinity in three weekes , more at large appeareth . I have taken into my hands all and singular the goods and chattels mentioned in an Inventory hereunto annexed , be the goods and chattels , which late were the said I. R's . at the time of his death , and found in the hands of the said E. F. unadministred .

Now know yee that I the said High Sherif by vertue of the said Writ , and of my Office , and for and in consideration of the sum of two hundred pounds of good , &c. to me the said High Sherif in hand payd , do hereby as much as in me lyeth , by vertue of my said Office , fully and absolutely bargain , sell , and deliver to the said E. F. his Executors , Administrators , and Assignes , all and singular the said Goods and Chattels , TO HAVE AND TO HOLD , and enjoy the same unto the said E. F. his Executors and Administrators for ever . In witnesse whereof I have hereunto set my seale of Office the tenth day of May , in the yeare of our LORD , 1658.

THE JUDICIAL AND MINISTERIAL OFFICE OF CORONERS .

THIS Office of Coroner hath its Etymologie or Derivation a Corona , being an Offficer of the CROWN from antiquity , and hath principall cognisance of some PLEAS called Placita Coronae .

Co. upon Mag. Chart. cap. 17. 4 Inst. cap. 59. sol. 271. He was established by pristine Kings , ELFRED , &c. to be Principalis conservator pacis , according to the Mirrour of Iustice , which saith , Auxi ordains fuer Coronours in Chescun County , et Viscounts a garder le peace , quant les Countees soy demisterent del gard , et Bayliffes in lieu de centeners ( that is ) Coroners in every County , and Sheriss were ordained and constituted to be Conservators of the Peace , when the Earles dismist themselves of the custody of the Counties , and in place of Hundredors : but of his antiquity and jurisdiction . Vide 2d Instit. Magna Charta , Cap. 17. Merton , Cap. 3. Reddisseisin , and Westminster 1. Cap. 10. and 26. and Articl . super Chart. Cap. 3.

This office of Coroner is duplicate General & Special .

1. Generall .

TO the office of generall Coroners appertaines the receiving of the Appeales of the whole County , of Fellonies committed within the yeare ; to award the Exigents of contempts , and to pronounce the Judgements of Out-lawries upon County dayes ( of which see more in the County Court ) and likewise in what pledge or Decenary they were , or of whom mainprised , and in whose ward . Mirrour cap. 1. Sect. 13.

2. Speciall .

Articuli super Chartas . SPeciall Coroners , are Coroners of Liberties , and of priviledged places , as Coroner of the Verge , viz. Coroner of the Protectors Houshold , &c. to demonstrate the distinction of the Authority and Jurisdiction of generall and speciall Coroners by Wrote and Wiggs Case , in the fourth Reports , fol. 45. and 46. Where it was resolved , That at Common Law the Coroner of the KINGS House had an exempt jurisdiction within the Verge , and the Coroner of the County cannot intermeddle therein , as appeares by the preamble of the Statute of Articuli super Chartas ; Because that before this time many Felonies done within the Verge have beene unpunished ( and the reason and cause thereof was ) because the Coroners of the County are not suffered to interpose to enquire of Felonies within the Verge , but the Coroner of the KINGS hostel , which is passant . By which it appears , that the Coroner of the County could not intermeddle with the death of a man within the Verge , but the Coroner of the Hostell onely . And so was it adjudged , Pasch. 24 Eliz. in the Kings Bench , where Swift was indicted before the Coroner of the County of Middlesex , of a Murther done at Tuthil in the said County of Middlesex , which Indictment was removed into the Kings Bench , and there Swift pleaded , that Tuthil was at the time of the murther , and yet is within the verge , &c. upon which the Attorney did demur in Law , and it depended in advisement three Terms , and at length the plea was adjudged good , and thereupon he was discharged of the Indictment ; for as the Coroner of the houshold cannot intermeddle within the County out of the verge , because his Office extendeth not to it : so the Coroner of the County cannot intermeddle within the verge ; and it shall be contrary to reason , that their Offices and jurisdictions being several and distinct , the one should intermeddle within the jurisdiction of the other . But it was resolved , that the Justices of the Kings Bench , Justices of Oyer and Terminer , Goal-delivery , and Justices of peace , may enquire of , hear and determine all murthers and felonies within the verge , because their authority and jurisdiction are general through the whole County , and alwayes hath beene so used , and so was it adjudged without any scruple in Holcrofts case .

What person ought to be Coroner , and how qualified .

OF ancient time this Office was of such estimation , that none could have it but a Knight , if we looke backe to the Statute of Westm. 1. cap. 10. and the current of the Writ in the Register See Brit. cap. 3. fol. 3. Stamf. pl. coron. 48. c. Register 177. fol. 177. b. is nisi sit miles , &c. and such a one qui melius sciat , & possit officio illi intendere : for this was the pollicy of prudent antiquity , that Officers did ever give a grace to the place , and not the place ( onely ) to grace the Officer : Therefore it was holden a principall cause to remove and discharge a Coroner if he were not a Knight , and had not a hundred shillings rent of Freehold . Yet in F N B. de Coronatore eligendo , it is not allowed a valid and sufficient cause to remove him , ( though he be not a Knight ) at this day , alledging ; That those words were inserted into the Statute ; to the intent that a Coroner should have sufficient within the County to be responsible for all that he doth or ought to do by his said Office . Mr. Wilkinson in his office of a Coroner also saith , that this Statute requireth such a Coroner as can , will , and may attend to execute the said office : And therefore ( saith he ) if such a Coroner be elected , as cannot , will not , or may not attend the execution of the said office , he is to be removed and discharged by Writ from the same Office ; and the cause of his not attendance , debility , or insufficiency must be rehearsed in the writ : and if he be discharged of his office by a false suggestion , F N B. de Coronatore elegendo & de electione viridariorum . he may by a petition in Chancery pray a Commission to enquire of this false suggestion , and if it be found and returned into the Chancery , then his Highnesse may grant a Supersedeas to the Sheriffe of the County , that he remove not the said Coroner from his office ; and if he be removed before the Supersedeas come , then that he permit the Coroner removed to execute his office as he did before his removall .

Co. Int. 2. fol. 174. & 175. He must have two properties , viz. sufficient knowledge , ability , and diligence in executing his office . Sir Edward Cooke in his second part of his Institutes , Westm. 1. cap. 10. saith , he should have five properties , viz.

1. He should be Probus homo . 2. Legalis homo . 3. Of sufficient understanding and knowledge . 4. Of good ability , and power to execute his office according to his knowledge . 5. Diligent in execution of his office .

And the Common Law doth not only require expert men to be Coroners ; but men of sufficient ability and livelihood for three purposes , viz.

1. The Law presumes that they will do their duty , and not offend the Law , for fear of punishment , whereunto their Lands and goods be subject .

2. That they might execute their office without bribery .

3. That they be able to answer to the Protector all such fines and duties as appertaine to him , and to discharge the Countrey thereof , wherewith the County being their Electors were chargeable . For the Coroners being elected by the Countrey , if they be insufficient , and not able to answer such fines and other duties in respect of their office , as they ought , the County as their superior shall answer the same : As for example , the County of Kent made election by force of the Kings writ of William Herlizon to be one of the Coroners for the same County , who after was amerced for a false return forty shillings ; In Scaccar . inter praecept . term . Hil. 14. E. 3. ex parte remem . regis 20 H. 9. Whereupon processe went out to the Sheriffe to levy it , the Sheriff upon his oath said that the said William Herlizon , non habet terras vel tenementa , bona seu catalla in ballivo suo , nec habuit , unde dict. denarii levari possint : Now saith the Record , Et quia ipse Coronator electus fuit per Comitatum , &c. ita quod in defectu ejusdem Coronatoris totus Comitatus ut elector & superior , &c. tenetur regi respondere , praeceptum fuit nunc vicecomiti , quod de terris & tenementis hominum totius Comitatus in balivo suo fieri fac . praedict. 40 s. And the like law was of the Sheriffe , and other the said Officers , when they were elegible .

Dyer 1. Eliz. fol. 165. They remain Conservators of the peace , within the County where they are Coroners , notwithstanding the Protectors death , for being elected by the Freeholders of the County by Writ , and returned of Record in the Chancery , wich is a judicial act , remaineth , and so of the Verderor : It is otherwise of Judges and Justices that hold their place by Writ , Commission , Letters patents , or otherwise at will , whose authority is determined by the death of the King or Protector , Daltons Iustice of Peace . for by the Commission , &c. he maketh them Justiciarios suos , so that he being once dead , they are no more his Justices . And it might be a reason wherefore the Sheriff of ancient time was eligible , for that he had eustodiam Comitatus , and principall Conservator of the Peace ; and therefore his authority should not cease by the death of the King or Protector , no more then that of the Coroner .

Of the number of Coroners in each County .

THe number of Coroners are not set downe by the Law : In some Counties there are sour , in some Counties six , in some sewer , and in some but one , 23 Ass. P. 7. 14 H. 4. 34. 39 H 6. 40. F N B. 163. Inst. 2. Westm. 1. cap. 10. but in twelve Shires in Wales , and in Cheshire there are but two , Vide Lamb. Iust. 16. b. Stamf. 48.

Of the power and Jurisdiction of Coroners .

THe Coroners power is duplicace , viz.

1. Judiciall . 2. Ministeriall .

Co. 2. Inst. Magn. chart . cap. 17. 1. The Judiciall authority both of a generall and speciall Coroner is in case where a man comes to a violent death , by selony or mischance , and to take the acknowledgement of selony , to take the enquest of selonies happening within his Liberty , to give abjurations , & pronounce Judgment upon out-lawries , appeals of death by bill , &c. solely to take an Indictment super visum corporis , and to take and enter an appeal ; but he can proceed no further , upon the Indictment or appeal , but to deliver them over to the Justices , and to enquire of Treasure trove , and wreck of the Sea , &c. But if you will enquire more amply what anciently appertained unto him , read Bracton lib. 3. tract. 4. cap. 5. de officio Coronatorum circa homicidium : & cap. 26. de officio Coronatoris in Thesauris inventis & cap. 6. de officio Coronatorum in raptu Virginum : & cap. 8. de officio Coronat . de pace & plagis . And Britton in his first Chapter where he treats of it at large : and Fleta E. 1. cap. 18. But more amply in Stamfords Pleas of the Crowne , lib. 1. cap. 51.

It is amply expressed in F N B. fol. 186. That the Coroner shall carry the Records of his own view , abjurations , outlawries , appeales , accusations of Thefts done before him , and of all other things done in the County , that is certaine to the Coroners office : and also in the Court of Freemen which have Franchises of infangtheft , &c. And in the presence of the Coroner shall all appeales of Robbery and Larceny be framed .

Now as to the view of the body of a man , it is his office , that so soon as he shall be certified thereof , to send to the Constable of the Hundred of the place to summon sufficient and able men of the towns adjacent , that at a day certaine they be before him at such a place , all which done the body is to be viewed , and if it be buried , it is to be taken up , and he is to record the names of those who buried him ; and if it hath been decreased or endamaged by ill keeping , or laine so long that it cannot be judged how it came by its death , the same must also be recorded , that this negligence may be punished at the coming of the Justices of Assize into the Circuit , for the Towne where the amerciament was shall be grievously amercied , upon sight of the Coroners rolls .

He ought to do his office in person , and to see the dead body when he maketh inquisition , otherwise the inquiry is invalid : for if he will inquire of any dead person without view , this is without authority and void .

If the Coroner be remisse and negligent in coming to execute his office , after he is sent unto , he shall be amerced .

Mirror cap. 1. sect. 13. But to proceed , if the Coroner with the advice of the people present , be able to judge of the death , then are they to present the manner of his killing , whether he died of anothers felony , or of his own , or by mischance ; and if of blows , whether of a staff or a stone , or any other weapon ; and he is to record in his rolls the names of those who were summoned and appeared not , that the same offences of disobedience remain not unpunished , whereby the Coroner could not at that time proceed for want of Jurors . Therefore we will inquire what persons may be of the Enquest .

What persons are to be of the Coroners Inquest , and how to be qualified .

THe Inquisition before Coroners is to be of persons Croke 1. part , fo. 95. Sir Wil: Withipoles case . within the four next adjacent Villages , to be made by the Bailif or Constables of those Villages , as appeareth by the Stat. of 4 E. 1. de officio Coronatoris , & Crompton fol. 113. In these Enquests lye no exceptions or challenges to the persons of the Jurors ; but he ought to make his pannels of the discretest , of the ablest , and best of them . In case of death an Inquisition super vis . corp. per sacr. prob . & legal . hom. where not good . Poph. rep. fol. 202. Harison against Errington .

The names of the Jurors ought to be certified , for peradventure they be not probi & legales homines , but Villains and Outlawes , 15 H. 4. 41. for note , that an Indictment before Coroners was found , that the Earle of B. was felo de se , was quashed , because it did not appear that it was per sacramentum proborum & legalium hominum , Pophams rep. fol. 202. Harrison against Errington .

And likewise in Hillary termo 2. Car. B. R. Pophams rep. fol. 209. & 210. a great multitude of Welshmen Poph. rep. fol. 209 , 210. were indicted for the death of a man by an Inquisition taken before the Coroner in the County of Montgomery in Wales , and exceptions were taken to the Inquisition : as first , that the Coroner cannot take any Inquisition , unlesse it be super visum corporis , and to this was cited , Britton 6. R. 2. Coron. 107. 21 E. 4. 70. 2. R. 3. 2. This is also the reason , that if a man drown himselfe , and cannot be found , the Coroner cannot inquire of the death of this man : but for the King ( or Protector ) to have a forfeiture of his goods an Inquisition ought to be taken before the Justices of the Peace . The second exception was , that the Inquisition was , per sacramentum proborum & legalium hominum Com. praedict. whereas Stat. 4. E. 1. by the Statute of 4 E. 1. this enquest ought to be by men of the four next Towns adjoyning , and this ought to appear in the Indictment also . Hill. 10. Jac. Rot. 3. Co. lib. Intr. fol. 354. Co. Lib. Intr. 354. and in Pasc . 3. Car. This Indictment was quashed for these exceptions .

The empannelling of the enquest , and the view of the body , and the giving of the verdict , is commonly in the Street in an open place , and in corona populi ; Smiths Common wealth of England , cap. 24. but this name rather cometh , because the death of every Subject by violence is accounted to touch the crown of the Prince , and to be a detriment unto it . The Prince accounting that his strength , power , and crowne doth consist in the force of his people , and the maintenance of them in security and tranquillity .

The method of keeping the Coroners Court .

Stamf. 52. THe Coroners Court is a Court of Record , and holden after this manner .

When a Coroner cometh to view a party that hath hanged , killed , or drowned himselfe , or that hath come to his death by any other accident , he must make out his warrant to impannel a Jury , to the Bailiffe in whose Liberty the party lyeth dead , to appeare before him at such a day , and place as he shall mominate and appoint . The forme of the Warrant is thus :

To the Bayliffe , and also to the Constable and Tithing-men of the Hundred of R. in this behalfe joyntly and severally greeting .

BY vertue of mine office , these are in the name of Richard Lord Protector of the Common-wealth of England , Scotland , and Ireland , and the Dominions and Territories thereunto belonging , to will and require you , immediatly upon the receipt and sight hereof , to summon and warn twenty foure able and sufficient men to be and appear before me at Skipton the 21. day of November next ensuing the date hereof , at the common Tolbooth of the said Towne , then and there to do execute such things as on his Highnesse behalfe shall be given them in charge ; whereof faile you not , as you , and every of you will answer the contrary at your perils . Dated under my hand and seale the 12. day of September , in the yeare of our Lord , 1158.

By me W. G. one of the Coroners of his Highnesse the Lord Protector .

If it be in a City or Corporation , then the form of the warrant or precept is thus :

City of York . To the Sheriffe of the City of York , and to the Serjeants at Mace , attending the said Sheriffs .

THese are to will and require you , and in the name of his Highnesse the Lord Protector of , &c. straitly to charge and command you , that you cause to come before me one of the Coroners of the City of York , and County of the same City , at the house of T. P. in Fosgate within the said City , betweene the houres of One and Two of the Clock in the Afternoone of this present first day of May twenty four good and lawfull men of the said City , then and there to enquire upon the view of the body of A. B. there lying dead , how , and in what manner he came to his death , faile not herein at your peril , as you will answer the contrary : Given under my hand and seal , the &c. 1658.

By me I. C. &c.

When you come to the place appointed , call the Baliffe , Constable , &c. to make a returne of their Warrant .

Then command one to make three Proclamations , calling the Jury after this manner .

You good men that are returned to appear here this present time to enquire for his Highnesse the Lord Protector , &c. answer to your names as you shall be called , every man at the first call , upon pain and peril that shall fall thereon .

And such of the Jury as faile to appeare shall be fined 40 s.

The Jury appearing sweare fourteene or fifteene of them , and give the fore-man his oath super visum corporis , thus :

The Oath of the fore man of the Jury . You shall diligently enquire and true presentment make on the behalfe of His Highnesse the LORD PROTECTOR , &c. how , and in what manner A. B. here lying dead , came to his death , and you shall deliver up to me ( His Highnesses Coroner ) a true verdict thereof according to such evidence as shall be given up to you , according to your knowledge : so help you God , &c.

Or thus :

You shall diligently enquire , and true presentment make of such things as shall be given you in charge , according to your evidence : so helpe you God , &c.

Then swear the rest by four at once , thus :

The oath of the ●est of the Iury. All such oath as L. M. the fore-man of this Inquest for his part hath taken , you and every one of you shall well and truly observe and keepe on your parts , according to your evidence : so helpe you God , &c.

If the evidence be not ready , you may adjourn untill another day and place , to receive their evidence , binding the Jury by recognizance in twenty pounds apiece for their appearance .

Then send out your warrant to the witnesses , commanding them to come to be examined before you , and to deliver their knowledge touching the matter in question , taking their examinations in writing under their hands .

If it be about the triall of a mans life , then must the witnesses be all bound over in twenty pounds apiece at the least , personally to appear at the next assizes then ensuing , to deliver their knowledge therein .

Their Recognizance must be made in this manner , viz.

York . ss. The two and twentieth day of May in the year , &c. A. B. of C. in the aforesaid County , acknowledges himselfe to owe , and to be indebted , &c. under Condition , &c.

That if the said A. B. do personally appeare before the Justices of Assize , and Goal-delivery , at the next Assizes to be holden at the Castle of Y. for the said County , and then and there deliver and set forth his knowledge touching the death of E. F. and do not depart thence without license of the said Court . That then this present Recognizance to be void and of none effect , or else the same to stand remain , and continue in force , strength , power , and vertue .

Taken and acknowledged the two and twentieth day of May in the year 1658 . aforesaid , before me R. W. Gent. one of the Coroners of the County aforesaid . R.W.

Then command three Proclamations to be made , thus :

If any man can give evidence on the behalfe of His Highnesse the Lord Protector , &c. how , and in what manner A. B. here lying dead , came to his death , draw near and you shall be heard .

Evidence appearing , give him or them this oath :

The oath of the evidence . All such evidence as you shall give to this Enquest , concerning the death of A. B. here lying dead , shall be the truth , the whole truth , and nothing but the truth : so help you God , &c.

The Jury being all sworne , command them to stand together and hear their charge , the which I shal give you in briefe .

Gentlemen ,

1. You that are sworne , you shall by your Oaths declare of the death of this man , whether he died of felony , or by mischance ; and if of felony , whether of his owne or of anothers , and if by mischance , whether by the act of God , or of man ; and if of samine , whether of poverty or common pestilence ; and from whence he came , and who he was : and if he dyed of anothers felony , who were principals , and who accessaries , and if Hue and Cry were duly made or not ; and whether the men fled according to law or not , and who threatened him of his life or members , and who were sureties for the Peace ; or whether he dyed of long imprisonment , or of pain , and by whom he was further from life and nearer to his death ; and so of all prevailing circumstances that can come by presumptions .

2. And in case where he died by hurt , or fall , or other chance by the act of God , so that he had no power to speake before his death ; then you shall enquire the names of the finders , and of his next neighbours , and who were his Parents , and if he were killed there , or elsewhere , and if elsewhere , by whom , and how he was thence brought , and the value and kinde of the Deodand , and to whose hands it came ; for in case a man dieth by a fall , in such case according to Glanvile , it is ordained , whatsoever is cause of his death is Deodand ; as it is for whatsoever moveth in the thing whereof he sell , What are Deodands , and what are not as Horse , Cart , Milstone ; also Vessels are sometimes Deodands , but not in the Sea ; according to the maxime , Omnia quae movent ad mortem sunt Deodanda , but the sums upon the Horses , the goods lying in Ships , Mills , Carts , and Houses are not accounted for Deodands .

3. And in case of anothers felony , then you are to enquire , who were the felons , in what Hundred , Pledge , Dosein , Ward , or Mainprize they were , and from whence they came , and where they returned .

4. And if he was killed by false judgement , then you are to enquire who were the Judges , who the Officers to form the Judgment , and who accessaries ; and if of false witnesses , who they were , and the Jurors .

5. And if he died of his own felony , then that you enquire the manner , and the value of his goods , and the name of his parents , and the finders , and of the neighbours , and the value of the waste .

Note that you are also to enquire of the Accessaries , and they are nine in number , viz.

1. Those who command . 2. Those who conceale . 3. Those who allow and consent . 4. Those who see it . 5. Those who help . 6. Those who are Partners in the gaine . 7. Those who knew thereof , and did not interrupt or hinder it by forbidding . 8. Those who knowingly receive such Offenders . 9. Those who are in the force .

All which you are to enquire of . Also you must know , that if one man wilfully kill another , or if a man kill or drowne himselfe , the first doth forfeit by that fact both his lands and his goods , and the other forfeits but Goods and Chattels , and no lands . And if any homicide happen to be wilfull murther , which offence cannot be too severely punished , and therefore by the Law , the offender hereon ought to lose both life , lands , and goods . And if it be found Manslaughter , if the Offender can read , then he may in favour of his life , by His Highnesse the LORD PROTECTOR 's mercy , have the benefit of his Clergy , and so save his life , but he shall forfeit both his Lands and Goods . The Goods must be found apprised and valued , of such offenders , and left in the Town or Village where such offender dwelleth , by them safely to be kept , until the Offender be acquitted or convicted by due course of Law ; the interim the Offender must be maintained with his goods , so as he may be kept alive to answer his fact , and what shall remain when he is convicted , those to whom such goods do belong by the Law must have them , and not before , and thereof discharge the Towne or Village which had the custody of such goods . And as for the Offenders Free Land , if he have any , immediatly after Conviction His Highnesse must have annum , diem , & vastum therein , and after , the Lord of whom it is holden , shall have it as an Escheat .

Thus having in briefe declared these things incident to my office , and to you to enquire of , I will conclude , therefore stand together , and heare your Evidence .

2. His Ministeriall power .

14 H. 7. 31. 4. H. 7. 3. Pl. Com. WE now come to his Ministeriall power , wherein he hath authority as a Sheriffe , &c. that is , when there is just exception taken to the Sheriffe , judiciall processe shall be awarded to the Coroners for the execution of the Kings Writs , in which cases he is locum tenens vice comitis , and in some special cases the Kings original Writ shall be immediately directed unto him .

When the Sherif is Plaintif in an action of waste , the Estrepement shall go to the Coroners . Estrepment judiciall was awarded out of the Court to the Coroners of the County of Westmerland , in the action of Waste , brought by the Earle of Cumberland against the Countesse Dowager , because the Earle was Sheriffe of the same Shire , by which Writ the Coroners were commanded to suffer no Waste to be done in the Lands , &c. And it was then said , that the Coroner may provide against He may take posse Comitatus . waste , by taking posse Comitatus . Hobert fol. 85. Cumberlands case .

Of the Coroners Fees .

THe Statute of 1 H. 8. cap. 7. prohibiteth a Coroner for taking any thing for doing his Office , upon pain for every default forty shillings , the like penalty where he giveth not his attendance when he is required to make inquisition upon the death of any dead Corpes , &c.

Fitz. tit . Coron. fol. 221. & 371. Fitz. tit . Coron. fo. 321. & 371. A Coroner hath a fee appertains to his office , viz. of every Visne one penny , when they appeare before the Justices of Assize , which see he receives not to do his Office , but as a right due to him , though he execute no part of his office ,

By the 3 H. 7. He is to have ( upon an Indictment 5. H. 7. found of murther ) thirteen shillings foure pence of the goods of the Murtherer , and if he hath nothing , then of the amerciament of the Township for the escape , &c. Mirror . cap. 1. Office of Coron. Fleta lib. 1. cap. 18. Stamfords Pleas of the Crowne , fol 48. 49. & 50.

Of Appeals .

APPEALE hath its Origen or Etimology of the French word Appeller , signifying to accuse or appeach , it is an accusation , or of Appeller , to call , because appellans vocat reum in judicium , he calleth the Defendant into judgement , Co. super Lit. l. 2. c. 11. sect. 189. & l. 3. cap. 8. sect. 500.

Appeales are triplicate , viz.

1. Of wrong to his Ancestor , whose heir male he is , and that is only of death .

2. Of wrong to the Husband , and is by the Wise onely of the death of her Husband , to be prosecuted whilst she is a Widdow , for if a woman who hath title of an Appeale of the death of her Husband takes another Husband ; he and the Wise shall not have an Appeale ; for the woman ought to have it sole : for the cause of an Appeal is , that she is indigent of her Husband ; and the reason is , because the wife wanting a Husband , is not so well able to live : and therefore when she hath another Husband the Appeal is determined : for cessante causa cessat effectus , the cause ceasing , the effect ceaseth , ( Br. Appeal 109. ) as where a woman hath a Quarentine , and she marries within the forty dayes , she loses her Quarentine , 1 Mar. 1. Br. Appeale 109. Dower 101.

3. Of wrongs done to the Appellants themselves , as robbery , rape , and mayhem .

There shall none of the bloud make Appeale , but the next Heire of the bloud , that should have the Heritage by Law after the death of him that was slain .

If a man be slaine having no wife , his wi●e shall be admitted to make appeale within a yeare and a day , if he begin the Appeale but two dayes before the yeare be past , it is as good as if it had beene at the beginning of the yeare .

If the wife begin not her Appeale , within a yeare and a day after the death of her Husband , she shall never afterwards be received to make an Appeale .

The Heir of a man killed shall have appeale as well of homicide of his Ancestor , as of murther , 2 E. 6. Br. appeale 122.

If he that is attainted of Treason or selony be slaine by one that hath no authority , in this case his eldest son can have no appeale ; for he must bring his appeale as heire ; which being ex provisione hominis , he loseth it by the attainder of his Father , but his wife shall have an appeale , because she is to have her appeale as wife , which she remaineth , notwithstanding the attainder , because Maris & foeminae conjunctio est de jure naturae , and therefore is indissoluble .

An appeale of Mayhme is in manner but a Trespasse , for he shall recover but damages , yet the Indictment shall say , quod felonice mahemavit .

The Coroner receiveth at the County appeales of robbery and appeales of death , whether it be for the wife of him that is dead , or for his heire , which appeale may be made at any County within a yeare and a day after the fact committed . That is , within a yeare and a day after the stroke , and not the death , Stamf. Co. 4. Report . Cases of Appeales and Indict .

If a man make Appeale at the County , it behoves him to be at the County in proper person to make his Appeal , and he must finde sureties at the same County to pursue his Appeal , and he shall have a day to the next County to pursue his Appeale , and if the Plaintiff saile at the County of his appearance in proper person , the Appeale is abated .

If a man make an Appeale , and be non-suite in his Appeal , he shall never be received to make his Appeal afterwards .

Note . Note , That an Appeale of Death may be commenced before the CORONER , and Processe awarded to the Exigent ; but the Pleashall not be determined before him . Br. Appeale 62. the end Corone 82.

Westminster 1. Cap. 10. The Sheriff shall have counter-rolls The Sheriffe shall have Counter-rolls of Appeals , &c. with the Coroners , aswell of their Appeals , as of Enquests of Attachments ; and of other things which to that Office appertains .

An Appeale of Murther by the wife of him that is slain .

A. B. the late Wife of C. B. in proper person instantly Appeales E. F. late of S. in the County of YORKE , Gent. in the custody of H. R. Sheriffe of the County aforesaid , and to the Barre brought in her owne person , of the death of the aforesaid C. B. late her Husband , of that , that where the same C. B. the tenth day of May , in the yeare of our Lord , 1658. was in the peace of God and the said Common-wealth , working and labouring in digging of Lime-stones in the Land of T. W. Esq called R. in a certaine place there called a stone Delph , or pit , at S. in the County aforesaid , where there came the aforesaid E. F. as a Felon of the said Common-wealth , and by assault , and of malice fore-thought , upon the aforesaid C. B. the said tenth day of May , in the yeare , &c. aforesaid , about the seventh houre in the forenoon of the same day , by force and armes ( that is to say ) with staves , knives , swords , &c. at S. aforesaid , in the place aforesaid an assault made , and the same C. B. then and there feloniously and wilfully slew , and murthered , and the same C. B. so slain incontinently , layd in a coner of the said stone , delph or pit , and covered him with the Lime-stones then and there lying in the said stone , delph , or pit , in the Parish of S. in the County aforesaid against the publique peace ; and as soon as the same Felon the felony and murther aforesaid had done , fled , and the aforesaid A. B. then freshly pursued from Towne to Town , as farre as four Townes next , and farther , untill , &c. And if the aforesaid E. F. the felony and murther aforesaid done , will deny , then the aforesaid A. B. is ready the felony and murther aforesaid against them to prove , as the Court here , &c. and she found pledges of Prosecution of this Appeale , to wit , J. D. and R. R , &c.

If the Appeale be by the heire of the person murthered , then thus .

A. B. next of blood , and Son and Heire of C. D. in proper person Appeals E F. late of S. in the County of Y. Gent. and G. H. late of R. in the County aforesaid , Esquire , in the custody of H. B. Sheriffe of the County aforesaid , and to the Barre brought in his owne person , of the death of the aforesaid C. D. lately his Father , of that , that where the same C. D. the day of , &c. in the yeare , &c.

An Appeale of Mayheim .

A. B. in his proper person Appeales C. D. of S. in the County of Yorke Esquire ; for that , that where A. B. was in the peace of the Common-wealth now at , &c. the same C. D. came and made an assault upon him of fore-thought malice , and armed in such a manner , cut off the right hand of the said A. B. ( or with such staffe struck him upon the head , whereby he pierced the scull of his head ; or with a stone struck out his three fore-teeth ) whereby he maymed him feloniously , and as soon , &c. and if , &c. the same A. B. this is ready against him to prove as the Court , &c.

Of wounding , thus .

A. B. in his proper person , &c. of that , that where the said C. D , &c. the said A. B. with such a weapon strucke him , and wounded him in such a part of his body , which wound contained so much in length , so much in breadth , and so much in depth ; and this wound he gave him feloniously , and as soone , &c. and if , &c. the same A. B. this is ready against him to prove , as the Court , &c.

An inquisition in Man-slaughter .

Middlesex . ss. AN Inquisition indented , taken at the Parish of S. in the County of Middlesex , the 25th day of March , in the yeare of our Lord , 1659. before T. E. Gent. one of the Coroners of the County aaforsaid upon view of the body of W. F. then and there lying dead , by the Oaths of I.W. R.W. H.P. I.A. I.B. L.S. ML . I.K. S.B. W.H. R.G. N.D. good and lawfull men of the Parish aforesaid , and of foure other Townes in the County aforesaid , the said Parish next adjoyning , who being sworne to enquire for the LORD PROTECTOR of the Common-wealth of England , Scotland , and Ireland , &c. When and by what meanes the said W. F. came to his death , say upon their Oaths , that the said E. L. late of the Parish of S. aforesaid , in the County aforesaid , Labourer , the twentieth day of March , in the year of our Lord , 1659. aforesaid , not having the feare of God before his eyes , but being moved and seduced by the instigation of the Devill , with force and armes , &c. at the Parish aforesaid , in the County aforesaid , in and upon the said W. F. in the peace of God , and in the publique peace then and there being , feloniously did make an assault . And that the said E. L. the said W. F. then and there to the ground did throw and cast downe , and the said E. L. with the left hand , and both the feet of him the said E. L. the aforesaid W. F. ( so as aforesaid upon the ground lying ) in and upon the breast felloniously did strike , beate and kicke , giving to the said W. F. then and there with the said left hand , and both the feete of the said E. L. in and upon the breast of the said W. F. one mortall bruise of the length of sixe inches , and of the bredth of four inches , of which said mortall bruise the said W. F. then and there instantly languished , and lived languishing from the said nineteenth day of March , untill the said 20th day of March , on which said twentieth day of March , in the yeare aforesaid , the said W. F. at the Parish aforesaid , in the County aforesaid , of the mortall bruise aforesaid dyed : And so the Iurors aforesaid upon their Oaths aforesaid , do say that the said E. L , the aforesaid W F. felloniously did kill and slay in manner and forme aforesaid against the publique peace . What Goods and Chattels the said E. L. had at the time of the Felony aforesaid , in manner and form aforesaid by him done and committed , to the said Jurors is altogether unknown .

In witnesse whereof , as well the Coroner aforesaid as the Jurors aforesaid to this Inquisition have set their Seales the day and year first above written .

An Inquisition in Man-slaughter , where one was starved , and perished for want of sustenance .

Middlesex . ss. AN INQVISITION indented , taken at Hamstead in the County of Middlesex , the 20th day of December , in the yeare of our Lord God , 1658. before I. G. Gent. one of the Coroners of his Highnesse the Lord Protector of the Common-wealth of ENGLAND , &c. of the County aforesaid upon view of the body of W.T. there lying dead and slaine . By the Oath of R.H. W.P. T.E. M.W. I.M. N.D. A.P. P.B. R.B. R.C. I.B. E.F. I.W. I.C. I.H. D.C. I.S. I.M. good and lawfull men of Hampsteed aforesaid , and of foure other Villages in the County aforesaid , to Hampsteed aforesaid next adjoyning , who being charged and sworne to enquire how , when , and after what manner the said W. T. came to his death , doe say upon their Oaths , that I. B of W. in the County aforesaid , Taylor , and S. his Wife , not having God before their eyes , but being moved and seduced by the instigation of the Devill , the 20th . day of November , in the yeare of our Lord God 1658. aforesaid , with Force and Armes , &c. at W. aforesaid , in the County aforesaid , in and upon the said W. T. then the Apprentice of him the said I. B. in the peace of God , and in the publique peace , then and there being , feloniously , wilfully , and of their malice afore-thought did make an assault , and that she the said S. then ( that is to say ) the said 20th day of November , in the yeare aforesaid , and divers other dayes and times , as well before as after , at W. aforesaid , in the County aforesaid , feloniously , wilfully and of her malice afore-thought , did withhold and with-draw from him the said W. T. and did not allow and give unto him the said W. T. good and sufficient Foode , sustenance , raiment , lodging , physicke and other necessaries , with the intent the said W. T. for want thereof , should miserably languish , perish , and dye , of which said with-holding and with-drawing from him the said W. T. and not giving and allowing unto him the said W. T. good and sufficient food , sustenance , rayment , lodging , physicke and other necessaries by her the said S. the said W. T. from the said zoth day of November , in the yeare aforesaid , untill the 15th day of December then next ensuing in the yeare aforesaid , at W. aforesaid , in the County aforesaid , miserably did languish , and languishing miserably lived ; on which said 15th day of December , in the yeare aforesaid , the said W. T. for want of good sufficient food , sustenance , rayment , lodging , physicke and other necessaries at W. aforesaid , in the County aforesaid , miserably perished and dyed , and that he the said J. B. together with the said S. his Wife at the time of the Felony and Murder aforesaid , by the aforesaid S. in manner and forme aforesaid done and committed Feloniously and wilfully , and of his malice afore-thought was present abetting , ayding , assisting , comforting and maintaining the said S. the said W. T. in manner and forme aforesaid to kill and murder . And so the Jurors aforesaid do say upon their oath aforesaid , that they the said I. B. and S. his Wife , the said W. T. in manner and forme aforesaid , seloniously , wilfully , and of their malice afore-thought did kill and murther against the publique peace , &c. And so the said W. T. came to his death , and not otherwise , nor any other manner then is as abovesaid , what Goods and Chattels , Lands or Tenements the said I. B. and S. his Wife at the time of the Felony and Murther aforesaid , by them the said I. B. and S. his Wife in manner and forme aforesaid done and committed , or any other time afterwards ( unto the taking of this Inquision ) had , they the said Jury are altogether ignorant of ▪

In witnesse whereof , as well the said Coroner as the said Jurors to this Inquisition have set their Seales the day and yeare first above written .

Inquisition where one is slaine by misfortune by a Cart loaden with hay .

Middlesex . ss. AN Inquisition indented , taken at , &c. Who say upon their Oaths , that the aforesaid A. B. the tenth day of May , in the yeare , &c. abovesaid , at S. aforesaid , in the County aforesaid , going with his Cart from S. aforesaid to L. in the said County , by the way between S. and L. aforesaid , ( that is to say at , &c. aforesaid , in the County aforesaid , his said Cart loaded with Hay , fell upon the body of the said A. B. and so bruised and brake his body , that of that bruising and breaking , the aforesaid A. B. then and there instantly dyed . And so the Jurors aforesaid upon their Oaths aforesaid say , that the aforesaid A. B. in manner and forme aforesaid , by mis-forture to his death came . And further the Jurors aforesaid , upon their Oaths aforesaid say , that then and there four horses with the Cart aforesaid , and their load of Hay , containing in weight by estimation fourty stone , moved to death the aforesaid A. B. and that the aforesaid foure horses are of the price of eight pounds and ten shillings , and that the aforesaid Horses and Cart remaine in the custody of C. D. of S. aforesaid , to wit , the late Wife of the aforesaid A. B. and that the aforesaid fourty stone of Hay , is of the value of fourty five shillings and eight pence , and remaine in the custody of E. F. of S. aforesaid , Gent. In testimony whereof , aswell the Coroners aforesaid as the Jurors , &c.

Another , where one by misfortune is slain by the fall off a Scaffold .

Middlesex . ss. AN Inquisition indented , taken , &c. who say upon their Oaths , that the aforesaid P. H. the 25th day of August , in the year , &c. abovesaid at St. K. aforesaid , in the aforesaid County , did set up a certaine Scaffold made of Deales , and Fir-poles , to the House of I. B. scituate and being at St. Katherines aforesaid , there to tyle the said House . And E. W. having M. C. the Daughter of W. C. an Infant in her armes , going in the common High-way by the said House , and the said P. H. being at worke alone , then and there on the said Scaffold ; And the said Scaffold being made with rotten Timber , one of the Fir-poles bearing the said Scaffold did break , so that the said Scaffold did fall on the head of the said M. C. and the scull of the head of the said M. C. a little above the left eare of the said M. C. then and there did mortally bruise and breake , of the length of two inches , and of the breadth of one inch , of which said mortall bruise and break the said M. C. instantly languished , and lived languishing from the said 25th . day of August , in the yeare aforesaid , untill the seven and twentieth day of the same moneth of Aug , on which said seven and twentieth day of August , in the yeare aforesaid , the said M. C. at the Liberty aforesaid , in the County aforesaid of the said mortall bruise and break dyed . And so the Jury aforesaid upon their Oaths aforesaid say , that the said H. P. the said M. C. did slay and kill by misfortune , and against his will in manner and forme aforesaid . What Goods and Chattels the said H. P. had at the time of the Man-slaughter my mis-adventure , in manner and forme aforesaid by him committed and done against his will to the said Jurors is altogether unknown .

In witnesse whereof , as well the Coroner aforesaid as the Jurors aforesaid to this Inquisition have set their Seales the day and year first above written .

An Inquisition , where one drownes himselfe .

Felo dese . AN IN QVISITION indented , taken , &c. Who say upon their Oaths , that the aforesaid A. B. the second day of May , in the yeare , &c. aforesaid , about the houre of eight in the Morning of the same day , not having GOD before his eyes , but by instigation diabolicall seduced and moved , of his malice fore-thought , at M. aforesaid , in the County aforesaid , then and there alone being , in a common River there himselfe willingly and feloniously drowned : And so the Jurors aforesaid , upon their Oaths aforesaid say , that the aforesaid A. B. in manner and forme aforesaid , then and there willingly and feloniously , as a Felon of himselfe , himselfe flew and murthered , against the peace , &c.

In witnesse whereof , as well the said Corouers , as the said Jurors , &c.

If one hang himselfe , then the Inquisition , thus .

Middlesex . ss. AN IN QVISITION indented , ( the hour , &c. ) not having GOD before his eyes , but by the instigation of the DEVIL feduced and moved at S. aforesaid , in a certaine Wood or Grove to the said S. adjoyning , then and there alone being , with one Hempen Rope of the value of one penny , which he then and there in his hands had and held , and one end thence about his necke then and there put , and one end thence about the bough of a certaine Oake tree bound , and himselfe then and there with the rope aforesaid wilfully and feloniously hanged and strangled . And the Jurors aforesaid upon their Oaths aforesaid say , &c. No forfeiture of Lands .

SHERIFFS TOURN AND Court-Leet .
Of the Originall of first Institution of them .

Lamb. E. 4. c. 4. ALFRED , Governour of this Common-wealth in the year of mans redemption , 872. was the first institutor of this Court which we now determine to treat of , then called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is to say , the Assembly of the Shire , Sheriffs Tourn , and sometimes called the Sheriffs moot . It seems to have the appellation of Sheriffs Tourn , of the French word ( Tour , viz. Ambitus circuitus , vicissitudo ) and is by Britton styled Tour , cap. 61. sub fine capitis , as if we should say , The Sheriffs course , or perambulation ; For ( as Britton noteth in his 29th . Britton cap. 29. & cap. 61. Chapter ) that which before the Sheriffe is called the Sheriffs Tourne , is called in the Court of Franchises and Hundreds , The view of Frank-pledge : Wherein enquiry is specially made of such as be not in any Dozin : with whom Fleta accords : And by Fleta it appeareth Flet. E. 2. c. 62. that this Tourn was the Sheriffs course to keep his Tourn in every Hundred , l. 2. cap. 52. Habet etiam rex eur' suam in turnis , vic' & vicibus Hundred ' , &c. Br. 21. 23. And in many Books it's denomination is the Kings Leet , and Sheriffs Leet . Powel .

Suit reall , what it is . Two Courts were assigned to the Sheriffe ( by the said Alfred ) by which two Courts the whole County was governed , viz. the County or Shire Court , for one man to have remedy against another , in any matter arising between them under fourty shillings . And the Sheriffes Tourn , unto which every man within the County above the age of 12 yeares , and under 60. are compelled to come , that they might not be ignorant of the things there published ( or given in charge ) whereby they were to be governed ; and this was called Suite reall , by reason of their Allegiance ; Unto which they were sworn to be true and loyall to the King . And it was learnedly spoken by a reverend Judge , Justice Flemming , in a Speech of his concerning the necessity of Sheriffs Tourns , and Law-dayes , who said that it was Schola insigniendi juvenes , a School to direct and instruct young men in the ancient Lawes of the Common-wealth , and to prepare them for greater employment at more great Conventions , as the Assize , Gaole-delivery , or Sessions of the Peace .

Leets how first granted . Now , because the people did undergo great trouble and vexation in travelling to the Sheriffs Tourn , Leets , or View of Frank-pledge were granted to Lords of Mannors within certain precincts , yet this Court , in whose Mannor soever it is kept , is accounted the Kings Court , because the authority thereof is originally appurtenant to the Crowne , and thence derived to inferiour persons . And Dyer likewise saith , that this Court Kitch . fol. 6. Dyer , fo. 64. & 13. was first derived from the Sheriffs Tourn .

This Court is a Court of Record in all things that appertain to the Tourne , or Leet , and Sheriffe of the Tourne , or Steward of the Leet , are therein Judges of Record . For whosoever hath the Leet , hath the same Termes of Law . Co. L 4. 33. & L 6. 12. authority within the Precinct , as the Sheriffe hath within the Tourn .

Of the power and authority of the Judge of the COVRT .

THe Steward , or Judge , hath a double power and authority in the Court.

1. Election of Officers . 2. Correction or punition of offenders .

In that of punition , a double Act is to be respected .

1. Actus Curiae , the act of the Court. 2. Actus Patriae , the act of the Countrey , or Jury .

The authority of these two Acts do encounter with two sorts of offences or misdemeanors , being furnished with a double weapon

1. Fine . 2. Amerciament . The one sort of offences are Extra curiam . The other sort are In curia .

1 Now , to oppose and subdue those extrinsicall offences , viz. those that are Extra curtam . The Jurors Extrinsical offences . that are sworn to present , have peculiar cognizance , and therefore authority and power to present them , and to assess Amerciaments .

2 The second weapon to oppose intrinsicall offences , viz. those that are in curia , which offences are Intrinsicall offences . either in omitting or neglecting a duty enjoyned , which ought to be performed by the Jurors , Constable , Bayliffs , &c. or in committing some contempt , and disorder in the face of the Court , by any Officer or Suitor .

The Steward hath cognizance , and may punish it by Fine , without enquiry by the Countrey , As ,

If a suitor being sworn of a Jury , shall refuse to Co. 8. 38. A Suitor refusing to make presentment , or refuseth to be sworn . make a presentment there : or if he do depart without giving up his Verdict , or if he refuse to be sworne , the Sheriffe or Steward may impose a reasonable Fine upon him .

He may impannell a second Jury to enquire of the defaults and concealments of the first , and to fine them for their offence .

For default of resians he may compell a stranger coming within the View , to be of the Inquest .

What may be enquired of in this Court .

THe Steward may enquire of severall particular misdemeanors , comprized and enumerated in the Statute of 18 E. 2. even from the highest Treason , to the lowest Trespasse , though not here punishable . Which so farre as they may concerne the modern jurisdiction of our present times , such as are neither absolute nor antiquate , you shall finde in this ensuing Tract , viz. In the charge of this Court .

What things are not to be enquired of in this Court .

HEe cannot enquire of the Statute of Labourers , or indict one feloniously committing a Rape ; yet such Indictments must be delivered to the Justices of the Peace , according to the Statute of 1 Ed. 4. Bract. praesent . 16. Fitz. Tourne . 3. 4 Edward 4. 8 Edw. 4. 5.

He cannot commit any man to prison for his contempt , No commitment to prison , &c. yet he may take a Recognizance for the peace . Co. Inst. 4. fol. 263. Magna Charta . cap. 17. neither can he take recognizance or binde a man to good behaviour , as formerly he might , and as the Sheriffe in his Tourne may do . Yet Co. Instit. 4. fol. 263. holdeth that he may take a Recognizance for the peace .

He cannot hold plea of any thing appertaining to the Crown , nor touching Free-hold or Lands , nor debt , trespasse , or otherwise .

No Indictments of felony for death . This Court cannot take Indictment of any Felons for the death of any man , or in any other case wherein it hath no cognizance ; If it doe it is Coram non judice , and voyd , neither can it take a presentment of an offence done to a Parish or a particular man .

28 E. 3. 95. 21 E. 4. 21. 3 H. 7. fo. 1. Br. Leet , 19. & 25. Such things as are Trespasses by the Statute , or offences against any Statute , the Sheriffs Office doth not extend to it here , except the Statute doth give in it an expresse authority to the Tourne or Leet ; for Nulla est generalis regula sed admittit exceptionem .

Br. Leet . 26. Nothing but Nusances , and Grievances , Offences or Trespasses , as are popular and common to many persons : And therefore Trespasses for breaking of Closes , nor Assaults made to a sole and particular person , is here inquirable , except there be blood-shed . Dyer 234. Fitz. tourn . 1. 4.

Styles prac . Reg. It was the occasion of a very learned Contest or Argument , Pasch. 24 Car. B. R. whether a Court Leet may enquire of private Assaults and Batteries , if there be no blood-shed in the case ? Bacon Justice , and Walker an Apprentice of the LAW in the Inner TEMPLE , held that a Court Leet might enquire of them ; But Justice Roll held the contrary , because they are actionable at the COMMON LAW onely , by the party injured , and are not publique offences against the publique .

Upon all Presentments and Indictments taken before the Sheriffe in his Tourn , he hath not power to attach , arrest , or put in prison , nor to levy , nor take any Fines , or Amerciaments of any person so indicted or presented betore them , by reason or colour Delta . sol. 155. of any Indictment or presentment taken before them in their Tournes , but the Sheriffe shall bring and deliver all such Indictments and Presentments to the Justices of Peace at the Sessions , that shall be holden for the said County ; if not , a forfeiture for every one not delivered 40 l.

What things are considerable in holding Tourns or Leets .

HAving demonstrated what things are to be enquired of here , and what are not . Now , three things are considerable in the holding of Tourns or Leets , viz. 1. Time . 2. Place . 3. Persons .

1. As to the time , it must be kept twice a yeare according to ALFRED , quotannis celeberimus bis conventus agetur , one moneth after EASTER , Fitz. Leet . 11. and one moneth after MICHAELMAS , At the Tourn after EASTER , no Actions popular Stat. 9 H. 3. c. 33. are to be enquired after , &c. but onely to take their suite , who are Suitors , and to take the view , &c. And at the Tourne after MICHAEELMAS , then to enquire of such as are enquirable .

2. Now to the place where it is to be holden , and that must be within the Precinct and Libertie , in loco debito & consueto , and if it be done otherwise , what ever is acted in it is voyd , & coram non judice .

3. Thirdly , what persons are to appeare in this Court ? they are all the Freeholders within the Precinct or Liberty are obliged to come , by the service of their Fees : and all other people above the age of 12 years , and under 60. only , Ecclesiasticall and religious 52 H. 3. c. 2. & 10. Br. Leet 42. Fitz. 160. c. 161. men , all Earles , Barons , Tenants in ancient demesne , and all women , are excepted , because they are never sworn upon any Inquest .

Jury , What.

1 R. 3. cap. 4. Westm. 2. 6 H. 4. fol. 1. THere must be at the Court twelve ( at the least ) of the most discreet and sufficient Freeholders , such as are of repute and estimation , and have Freehold Lands within the same County of the value of twenty shillings at the least , who ought to be impannelled and sworn ( by the Sheriff ) to enquire of and present all things there inquireable and presentable : who ought to take all Indictments by their oathes , and must deliver in their rolls and inquisitions indented and sealed between the Sheriff ( or Steward ) and the Jurors .

2 H. 7. fol. 4. And if there be not twelve to be sworn , the Sheriffe or Steward may cause strangers that come within the view to be of the Inquest .

How Amerciaments are forfeited , and what shall be causes to amerce , &c :

Coo. on Lit. lib. 2. c. 11. p. 194. AMerciament in Latine is called misericordia , because it ought to be assessed mercisully , and ought to be moderated by affeerement of his equals ( otherwise a Writ de moderata misericordia lieth ) or because the party offending putteth himselfe on the mercy of his Highnesse . And the difference betwixt a Fine and an Amerciament is , That a Fine is assessed by the Court , Co. part. 8. but Amerciament by the Countrey .

Of Amerciament .

BUT to demonstrate the cause of Amerciament , viz.

43 E. 3. 9. Avowry 80. vi . 11 H. 4. 89. 12 H. 7. 15. The not appearing of a Leet is a good cause to amerce a Re●iant , and the Lord who distrains for the amerciament needs not shew for what he distraineth , before the tenant hath tendered something for amends , although the tenant doth not know the cause , 45 E. 3. 9. Avowry 80. vi . 11 H. 4. 89. 12 H. 7. 15.

11 H. 4. 88. If a man be amercied for a thing done in a Towne wherein he dwelleth , he may be distrained for it in any place within the Hundred or Leet , 11 H. 4. 88.

A Suitor at a Leet may be amercied for not presentting things presentable , being sworne with others , 11 E. 3. 9. Avowry 155. 10 H. 6. 7. Co. rep. 8. Griesleys case . and a generall Avowry , but he may say , that there was nothing to be presented , 11 E. 3. 9. Avowry 155. 10 H. 6. 7. Coo. lib. Enteries . Det. 149. Coo. part . 8. Griesleys case .

29 E. 3. 36. 41 E. 3. 26. A Resiant was amercied for not clensing of a Ditch , and a paine levied upon him , that he clensed it after , and a distresse taken for not doing of it , &c. 29 E. 3 36. 41 E. 3. 26.

Resiants and tenants may be amercied in the Leet for refusing to swear , 38 E. 3. 18. Conusance 23.

9 H. 6. 41. Custome . The Lord of a Leet shall not prescribe to amerce the petty Jury for their false verdict , the same being sound by the grand Jury , for it is no good custome ; but they may be amercied for concealing of any thing which is presentable there , and this is by custom , M. 9. H. 6. 42. Custome .

An amerciament in a Leet may be well levied by an action of debt , 12 H. 2. Ley 43. 10 H. 6. 7.

Ass. 13 E. 3. Avowry 105. One was amermercied for brewing Ale , and selling it contrary to the Assize within the Hundred , and it was holden , that although he was resiant within another Leet , yet the amerciament is good where it is made ; so it is where one sels Bread and Ale in a Market which is in another Leet , then where it was brewed , &c. Ass. 13 E. 3. Avowry 105.

47 E. 3. 12. If my Horse be in the keeping of another man , he may be distrained : if I be amercied in the Leet for stopping the High-way , &c. 47 E. 3. 12. But if an Inne-holder be amercied , the horse of a stranger cannot 10 H. 7. 21. be distrained , 10 H. 7. fol. 21.

Note that in 8 R. 2. Avowry 194. If one be amercied in the Sheriffs tourn , the Sheriff may distrain throughout the whole County ; and in like manner if the amerciament be in a Leet , throughout all the precincts of the Leet .

Stat. E. 1. 4. The Statute of 1 E. 4. expresly appoints , that no fine or amerciament in the Tourn or Leet shal be levied , unlesse it be certified at the next sessions of the peace by Indenture inrolled there , and by processe made from , the Justices of Peace to the Sheriffe or Steward .

How Presentments in Leets shall be traversable .

Hill. 21. E. 3. Bar. 271. NOte , Scard saith , that if a thing be presented at the day in a Leet , this is as Gospel , if it passe that day without being repealed : And therefore if a false presentment be made , he shall have an action of false imprisonment the same day against the prosecutors , but if he stay until another day it is otherwise : and he who is amercied there for purpresture , or other Nusance in Avowry , for the amerciament he shall traverse in no point . Wilby , If it be presented , that he hath levied a Ditch over the Highway , if the presentment be false , he shall have trespasse against him who throwes it down by force of such presentment : And so of my house abated , by reason of such false imprisonment , Hil. 21. E. 3. Bar. 271.

He who is amerced in a Leet , may traverse the resiancy , but he shall not say , that the place where , &c. is within another view , 4 E. 3. 12. 10 E. 3. 5. 41 E. 3. 26. But if he hath been sworn in my Leet , he shall not have the traverse , 4 E. 3. 31. 10 E. 3. 9.

The Method of keeping the Sheriffs Tourn , or Court Leet .

LEt the Sheriffe ( or Steward ) make a Precept unto the Bayliffe , to summon the Court by a reasonable time : to wit , fifteene or sixteene dayes before the Court be kept ( if it be lesse time it is sufficient in Law ) the Precept must be made according to this subsequent President .

A. B Esquire , Sheriff of the County of Y. To the Bayliffe of the Liberty ( or Weapentake ) of S. greeting . I command you , that you diligently summon the Court , with view of franke-pledge , to be held within the said Liberty the sixteenth day of August next ensuing , about the hour of eight in the forenoon of the same day , at the common Tollbooth of R. And this given under the seale of my Office the twenty eighth day of July , in the yeare , &c.

By the Sheriffe .

If it be a Court Leet held in a particular Hundred , or Mannor of any Lord , then the form of the Precept is thus .

A. B. Gent. Steward of I. N Esquire of his Hundred ( or of his Mannor ) of O. to the Bayliffe of the same Hundred ( or Mannor ) greeting . Commanding thee that thou summon this Court with the view of Frank-pledge of the said Hundred ( or Mannor ) to be held at the accustomed place of S. the 16. day of August next ensuing , And this given under my seale the twenty eighth day of July in the year , &c.

By me A. B. Steward .

After the Steward hath placed himself in the Court , he must first enter the title of the Court in the beginning of the Court-Roll , with the name of the place where the Court is holden , in this manner :

The entry of the Court ss. The view of Frank-pledge with the Court of A. B. Sheriffe of the County of Y. there held on Tuesday the 16. day of August in the yeare . &c.

By the Sheriff .

If In the Lords Court , then thus :

ss. The view of Frank-pledge with the Court of I. N. Esquire there held on Tuesday the , &c.

By A. B. Steward .

Then cause the Bayliffe to make three Proclamations , repeating them after the Steward in this manner .

Proclamation .

ALL manner of persons who were summoned to appear here this day , to serve His Highnesse the Lord Protector , and the Sheriffe , ( or the Lord of the Mannor ) for his Court now holden , draw near , and give your attendance , and every one answer to his name , as he shall be called , upon pain and peril that may fall thereon .

After all are called , and those that are absent be marked to be amercied , then the Steward shall cause the Bayliff again to make other three Proclamations , viz. O yes , &c. causing the Bayliff to say :

Proclamation .

IF any man will be Essoyned , come into Court and you shall be heard , and all such persons as were Essoyned the last Court let them come in now and warrant their Essoyns , otherwise they will be amercied . And if any desire to be essoyned by the Tythingman , or other neighbour , then for the first Court they may be essoyned .

The Essoyn must be entred in this manner :

A. B. is essoyned by C. D. &c.

Inquiries . Inquire if there be any tenant in the Mannor that hath any action or cause of action , since the last Court day , let him put in his plaint sedente curiâ , viz. the Court sitting , and it shall be entred .

Inquire if there be any Precepts , attachments , or distresses depending in the Court rolls , call them openly in the Court , and know , if the Bayliffe have executed them .

Also if there be any old Plaints depending in the Court Roll before this court holden , cause the parties to be called , before the inquest be charged .

Then impannel the Inquest , comanding the fore-man to lay his hand upon the book , swearing him as follows .

The oath of the fore-man of the Inquest . You shall sweare , that you shall diligently inquire , and true presentment make of all such things as you shall be charged with , concerning his Highnesse the Lord Protector , ( or the Lords Court of the Mannor ) you shall well and truly keep his Highnesses Counsel , your Fellowes and your owne : you shall not conceale nor hide any thing for favour , feare , promise , or affection you bear to any person or persons , or present any thing for hatred or malice you beare to any man : but you shall present and tell the truth , according as things may or shall come to your knowledge by information , or otherwise : making a true presentment thereof without concealment : so helpe you God , &c.

After the fore-man is particularly sworne , cause foure ( at once ) of the Inquest to lay their right hands together on the book , swearing them in this manner .

The oath of the rest of the Inquest . The same oath which A. B. your fore-man on his behalfe hath made , you and every of you shall well and truly keep on your behalfes : so help you God .

Swearing the rest accordingly .

After they are all sworn , cause the Bayliffe to number them as the Steward doth read them .

Then command the Bayliffe to make Proclamation , saying after the Steward .

Proclamation .

YOu good men that are impannelled to enquire for his Highnesse the Lord Protector , and for the Lord of this Court or Law day , draw near and hear your charge all the rest keeping silence whilst the charge is in reading , upon pain and peril that shall fall thereon .

Before the charge gather the common fine , which the tenants do pay every Leet or Law day , acording to the custome of the Mannor .

The Exhortation before the Charge . My Masters ,

YOU of the Jury , the charge , which you by oath have promised to observe , toucheth , and concerneth divers good Lawes and Statutes instituted and made for the preservation of the publick Peace , and also for the private tranquillity of every one of you , and your posterities , which matters the Sheriffe ( or the Lord of this Franchise ) considering and wishing your security , and desiring likewise good orders to be observed and kept among you , that right and equity may be administred to every of you , hath therefore caused his Highnesse the Lord Protectors Leete to be summoned and kept here this day : I will therefore , by your favour , before I enter upon the principals of your charge , declare unto you , by what authority you are brought hither , and wherein you are obliged to observe .

The causes hereof are two .

1. The first is , for that his Highnesse , and royall predecessors , have given and granted unto the Sheriffe ( or Lord of this Mannor ) authority and power to keep a Leet , or Law day , twice in the year , at which Leet , or Law-day , all the Headboroughs , Tithingmen , & Dezmers , and all other persons that are resident or inhabiting within the Jurisdiction of this Leet , being above the age of twelve yeares , and under the age of sixty , are bound by the Lawes of the Commonwealth to appeare : to the intent that the Lawes and Statutes may be there published and declared , so that knowing the dangers of the not observing of them , they may avoid divers inconveniences , which otherwise would have much prejudiced them : and further to inquire of the breakers of the same , and present them , that such offenders may receive condign punishment .

The other cause or authority is , for that you being the Lords tenants , are bound by reason of your tenure at the Lords Court Baron , when it shall happen to be kept according to law , that is to say , at every three weeks end , ( or according as the custome is ) and being here by these two authorities , you are bound to serve in all such things , as you are legally and joyntly charged withall , as well concerning His Hignesse the Lord Protectors Leet , as the Lords Court-Baron .

Now , to the intent that you may have better cognizance of your oath ; I think it convenient ( with your patience ) to insist a little upon it .

What things are to be considered by a Jury in swearing .

IN swearing three things are principally to be considered .

1. That you swear , to seclude all favour and affection The first consideration . to the parties , not fearing the rich , nor pitying the poor , not considering the simplicity of any person , nor the smallnesse of the offence , but having an affection to truth before your eyes , declare that which is truth to your knowledge , and no further .

2. The second is , you must swear in righteousness , The second consideration . viz. for the very zeal and desire you have in declaring the truth , for the executing of justice , for the observing of Covenants , honest promises , Statutes , Lawes , and good Customes , and having a respect in doing and performing these things , you do that which tends to the glory of God , the honour of the Lord Protector , the preservation of the People and Common-wealth : which kinde of swearing is the mandate of the Almighty . Deut. c. 6. Thou shalt feare the Lord thy God and serve him , and shalt sweare by his Name . That is , we must onely serve and feare him , acknowledging his holy Name , which is done by a legall swearing . It is also commanded in many places of the divine Writ , but conditionally ; ( to wit ) we must sweare in truth , in Judgment and righteousnesse , &c.

3. In swearing , and taking an Oath , you must The third consideration . do it with Judgement , not rashly , nor unadvisedly , but soberly , and with caution , considering what an oath is , which in briefe I will declare to you .

What an oath is . An Oath is , the recording or calling to witnesse the name of God ; to confirme the truth of that we say , and which is according to the testimony of St. Paul . An oath for confirmation is among men an end Hebr. cap. 6. v. 16 , 17. of strife . For in ambiguous and obscure matters , where the knowledge of men is brittle and faileth , we betake ourselves to God , that he which is the only Truth may give a Testimony unto the truth , and he that useth God for a Witnesse , doth also call for revenge of perjury at his hands , if he deceive and speak not the truth : now , at the imposition of your hands upon the Booke , you sweare truly to enquire , and make a true presentment of these things wherewith you are charged , and not to let from declaring the truth , either for favour , fear , affection , or envy of any person : consider , that in this Book is recorded Gods eternall verity , whereby we have remission of errors and offences , and an enjoyment of eternall salvation . I am confident of your knowledge of the plagues and threats ( in the Gospel ) to the obstinate , and perjured , bearers of false and unjust testimony , condemners of innocent and guiltlesse persons , so that it you voluntarily perjure your selves , you absolutely deny God , his mercy , truth , and the merits of our Saviour , betaking your selves , and adhering to that Destroyer of mankinde , the Devil , the author of all pejury and persidiousnesse : and by forswearing and forsaking the truth , you forsake Christ , the light and truth it selfe . And although that perjury doth escape sometimes unespied , and punished , and be kept secret betweene some of you and others , yet your hearts will judge and repute one another false , and be suspitious of each others actions . But God ( that faithfull one of Israel ) will not deny himselfe , neither will he suffer the profanation of his Name to go unpunished ; when at the last day the secrets of all mens hearts shall be apparent , then the truth and your Consciences shall be your accusers , and Christ the righteous Judge shall justly condemn you to eternall death and damnation . Which sin of perjury the most High by his Prophet hath threatned to punish . Thus referring Malac. 3. this to your serious considerations , and not to trouble you with prolixities , Verbum sat . sapienti , a word 's enough to the wife . I will proceed and declare to you the Articles of your charge .

The Charge of the Court.

YOu must understand , That High treasons , petty treasons , and Felonies , which are against His Highnesse the LORD PROTECTOR , are to be enquired of , and presented in this Court ; but not punishable here , the which offences you must set down in writing , indented and sealed , the one part to remain with the Steward , the other with the Jury , and the same must be delivered to the Justices of the next Assizes holden within the County .

The Charge of the Court-Leet . Judgment . High-Treason . 1. You shall first enquire of High treasons , as if there be any among you that do compass , imagine , or intend the death of his highness the Lord Protector , her highness , or their children , or of their consenters , or to levy war against his Highnesse , or be adherent to his enemies . Death , and forfeiture of all their goods , and chattels to his Highnesse , as well real as personall , moveable and unmoveable , corn growing , and all their debts due to them ; sc. all such goods and chattels , &c. as they had at the time of their attainder . 2. If any counterfeit the great seal of England , or money of this Common-wealth , or do clip , wash , or round the same . Death , and losse of goods ; but of Lands during life onely , and no corruption of blood , nor forfeiture of Dower . Petty-Treason . 3. If a Servant kill his Master or Mistresse ; or if a woman kill her husband , it is petty treason , and here inquirable . Death , the Escheat hereof appertains to the Lord of the Fee , for such treasons touch not his Highnesse himselfe . Felony . 4 If one kill another in his owne defence , or by accident , it is here to be enquired of as blood-shed , &c. Stamf. 15. a. Losse of goods in both , and charter of pardon must be purchased for it . Stat , of Gloue . cap. 9. Rape . 5 If any man ravish a Woman , whether Wife , Widow , or Maid , though she doth afterwards assent , it is here enquirable as Trespasse . And their ayders and abettors are to be enquired of . Death , and the losse of Goods and Lands , the benefit of Clergy is taken away , by the Stat. of 18 Eliz. cap. 6. The ayders and abettors shall receive the like punishment as well as he that committed the fact . Burglary . 6 Burglary are those , who in the time of peace , or in the night time with a felonious intent to rob or kill , doe breake any houses , Churches , walls or Gates , it is here inquirable . Stamf. so. 30. b. Death , and losse of lands goods , and so shall their accessary . Petty Larceny . 7 Petty Larceny , is the selonious intent of taking of any thing under the value of 12 pence , as , Capons , Pigs , Hens , and such like , or cloths off hedges , and is here enquirable . The punishment is corporall , as whipping , and losse of goods if they have any , for the law suffers no offence to escape unpunished . Phisnomy defaced . 8 Putting out of eyes , cutting out of tongues , or disfiguring any member , to the intent they should not see nor speake , is here inquirable , as blood-shed . Iudgement of death , and losse of lands and goods , 5 H. 7. Misprision of Treason . 9 Misprision of Treason , is , if any know of Treason , and concealeth it foure and twenty houres , you are to enquire of it . Losse of goods and chattels for ever , of lands during life , and perpetuall imprisonment , no baile being admitted . Sorcerers and Conjurers , and Witches . 10 You are to enquire of Conjurers and Witches , and such as practice Diabolicall Arts , or any Inchantments , whereby any person shall be killed , destroyed , or consumed , it is Felony in them , their abettors and concealers . Death , grounded upon the Law of Moses , Exod. 21. 18. & Levit. 20. 27. and losse both of lands and goods , 5 Eliz. Some of our Pulpit temporizers would make Astrology ( that sublime science ) one of the number ; but the Law is not guilty of their ignorance . Sacriledge . 11 The taking away of Ornaments seloniously out of Churches or Chappels , is here inquirable as Felons . Death , no benefit of Clergy , Frustra petit auxilium Ecclesiae , qui peccat contra Ecclesiam . Taking of Doves , young Pigeons , Goshawks , fish , Cignets , Swans , Peacocks , domestick Deere , and Robbery . 12 The felonious taking of Doves in Dove-houses , yong pigeons , Goshawkes out of their nests , taking of Fish out of ponds , stews , or trunks , ( but in a common River otherwise ) or taking Cignets , Swans marked , Peacocks , or any domesticke Deere , knowing it to be so , and setting upon one in the high way , though he take but the value of a penny is Felony , and are here inquirable . Death , with the losse of lands , goods , and chattels , and the like to their accessary . Burning of houses or barnes . 13. If any one seloneously burne any dwelling house , or barns , or stacks , or mowes of corne in the night-season , it is felony at the common-Law , and by you to be inquired of . Death , and losse of goods and lands . Acessaries . 14. You are to enquire if any one procure or command another to commit the felony , though he be not present when it is perpetrated , he is said to be an accessary before the fact ; or if any receive or aid a Felon , having knowledge of the fact which he committed , he is an accessary after the fact , Stamf. 40. The Iudgment is the same as against the felon , according to the merit of the fact . Escape voluntary . 15. If any be arrested for felony , or any other crime , and afterwards the party in whose custody he is , tollerates him to go at large , this is a voluntary escape , and inquireable . It shall be adjudged against him that suffered the escape , as if he were the offender , Stamf. fo. 33. Escape negligent . 16. If one be arrested for felony , and escapeth , contrary to the will of the arrester , and is not followed with fresh pursuit , nor taken before the pursuer loseth sight of him : this is inquirable . Though he be afterwards taken , yet is it finable according to the quality of the offence . Rescue . 17. If any rescue and set at liberty any person apprehended , and arrested for felony , it is felony in the Rescuer , and here inquirable , 1 H. 7. 9. The same judgment is as in a voluntary escape . 18 These things mentioned in this first part of the Charge , are here to be enqired of and presented , but not punishable here , but are to be certified by the Steward to the Justices of the Peace , at the Sessions next ensuing . But the matters contained in the subsequent part of the Charge , are here in this Leete to be enquired of , presented and punished , but not certified , as is the part preceding . And these are grounded upon the Common and Statute Lawes of this Common-wealth .
Charge of the Leet . Judgement . Constables Tything-men . 19 It behoveth you to enquire , if the Constables and Tything-men have not been remisse in executing their office upon Vagabonds , Rogues , and sturdy Beggars , that have com'n within their Liberty and charge . For every such neglect or default they ought to forfeit 20 s. You ought also to enquire of those that sustain and feed them . The penalty is 10 s. for every time they give almes to such . Stocks . 20 You shall enquire if there be in every Tithing a pair of good and sufficient stocks according to the Stat. for the severe punishing of idle persons . If there be not , the Tithing looseth 5 l. Hue and Cry . 21 Whether Hue and Cry after Theeves and Robbers hath beene duly pursued , lyes next in your way , to enquire of , presenting them that made default . The penalty or forfeiture of such default is 5 l. Common Nusance . 22 All Purprestures are here enquirable , which are either in eligendo , or destruendo , either in setting up , or casting downe any thing which may tend to a publique annoyance , as in levying of Ditches or Hedges , or by making or filling up of Ditches , or if walls , houses , or pales be made and erected , or thrown downe , or any wayes or paths opened , or stopped to the damage of the people ; or if any waters be stopped or diverted out of their right course ; or if the common Rivers or watering places for Beasts be corrupted and annoyed with Hemp , Hay , and such like ; or if any encroachment be upon the Kings high way , or any carrion or unwholsome thing be cast into the same . The party offending for every time so doing forfeiteth 20 s. 33 H. 8. c. 17. Bridges decayd . 23 Inquiry is to be made of the defect of Bridges or Causwayes decayed and broken downe , and who ought to repaire them . The penalty is according to the discretion of the Iury upon the view . Common Pounds . 24 Inquiry is also to be made , if Common Pounds be good and close to retain such distresse as shall be brought to them , untill they be delivered thence by order of Law , and to present such as ought to keep them in such order if they be taken . This is also referred to the Iuries discretion . Surveyors of high wayes . 25 And forasmuch as high wayes ( especially in winter ) are very troublesome to travell in , it was enacted the 1. 2. Ph. M. c. 8. That the Constable and Church-wardens of every Parish within this Common wealth should yearly upon Tuesday or Wednesday in Easter week assemble a number of the Parishioners , and elect two honest men of them to be Surveyors of the high ways for one yeare , and that they shall have authority to direct the persons that shall be appointed for the mending and repairing of them , according to their discretion , faithfully executing their office . Every Surveyor neglecting his office , and making default , forfeits 20 s. Every person for every plowland in tillage or pasture within the parish , and every person there keeping a draught or plough , shall send every day ( that the ways are in mending ) one Waine or Cart , with all necessaries convenient to carry things , and also two able men with the same . The penalty for every draught making default , is 20 s. Every other Housholder , Cottager , & Labourer , not being an hired servant by the year , shall by themselves , or one sufficient Labourer , upon every of the said dayes work there . The penalty for every one making default every day , 8 d. Ditches , hedges , and high wayes kept and scoured . 26 You shall enquire if any Heyes , Fences , Dikes or Hedges , next adjoyning on every side , to any high or common wayes , be not from time to time ditched , scoured , repaired , and kept , and all trees and bushes growing in the high-wayes , be cut down by the owners of the ground or soyle , whereby the wayes are opened , and the people may have a more easie passage . Boundaries ' . Every person not so doing forfeiteth 20 s. 18 Eliz. 9. 27 You shall further enquire , if any ancient bounds , or Land-marks be withdrawn and taken away , such as distinguish or divide Hundreds , Parishes , Tythings , Commons . Common-meadows , and Common fields , to avoid confusion , and consequently dissention . 18 Eliz. 2. Fined according to the discretion of the Jury . Hedg-breakers . 28 You shall further enquire , if any common breakers of hedges or sences , by which their neighbours ground is made subject to the incursions of Cattel , which are the grounds of many actions of Trespasse , to the disturbance of the peace of the Comonwealth . Such offenders are to be stocked and whipped . Pound-breach . 29 You shall also enquire of the breach of any common Pownd to take away distresse out of it , though the distresse be without cause . Or if any shall rescue , or take away by force any cattell , which is distrained for any rent , amerciament or other cause , before it be in custodia legis , in the custody of the Law , or impounded , it is presentable . Fineable according to the discretion of the Iury. Or a Writ de pareo fracto , lyeth against him as Common Law . F. N. B. 139. Blood-shed . 30 You shall also enquire , if any assaults be committed , whereby blood-shed ensueth to the disturbance of the people of this Common wealth , is here inquireaable . 1 R. 3. fo. 1. The fine for the offence is accoding to the discretion of the Iury , but commonly it is 3 s. 4 d. Rescous . 31 You shall further enquire if any Rescous were committed upon the Sheriffe or his Baylifs in disturbance of them , from the taking and detaining any person arrested . An action lyeth against the offender at the Common Law . Common Barretors . 32 You shall enquire if there be within the precincts of this Leet any Common Barretors , such as are common incendiaries of strife , and discord amongst their neighbors , and are ever fishing in troubled waters , they are of both fexes , scoulds , brawlers , inventers , and dispersers of calumnies , and reports , whereby discord and inquietude ariseth in the Countrey . Such persons must give sureties for their good behaviour , being disturbers of the peace . Alehouse-keepers . 33 You shall enquire if any Alehouse-keeper , &c. have permitted any Inhabitant or Townsman ( except labourers and handicrafts men , or persons invited by Travellers ) to continue tipling or drinking in any such house . The paine or forfeiture of the Alehouse-keeper , for every such offence ( to the use of the poore of the Parish ) 10 s. Forestaller . 34 You shall enquire if any buy , or cause to be bought any victuall , or other thing , coming towards any Fair or market to be sold in the same , or shall make any bargain , contract , or promise , for the having or buying of the same , before it shall be in the Market , &c. such shall be judged a Forestaller . He that is convict thereof , is for the first time to be imprisoned for 2 moneths , and losse of the value of the thing sold . The 2d time imprisoned by the space of halfe a year , and shall loose the double value of the goods , &c. The 3d time during his Highnesses pleasure , and judgement of the Pillory , forfeiting all his goods and chattels . See Stat. 5 E. 6 cap. 14. Regrator . 35 You shall enquire if any regrate any corne , butter , cheese , or other dead or quick victuals whatsoever , that shall come to any Fair or Market to be sold , and doth sell the same againe in any Faire or Market , holden in the same place , or within four miles thereof , shall be judged a Regrator . The judgement of a Forestaller . Ingrosser . 36 You shall enquire if any do ingrosse and get into their hands , or promise taking , ( unlesse it be by demise , grant , or lease of Land ) any Corne growing in the Fields or otherwise , butter , cheese , or other dead Victuall , to the intent to sell again , shall be reputed an illegall Ingrosser . The same judgement of a Forestaller and Regrator . Assize of bread . 37 You shall enquire if any Baker shall make and put to sale any bread which is not of good and sufficient weight , and assize , according to the rate and prices of come and graine in the Markets adjoyning , or such as is not wholsome nourishment for Man . And that he set his owne signet upon every loafe of bread that he vends , to the end that if it want weight , it may be known in whom the fault lyes . For the first , second , and third time he shall be amerced according to the merits of the fault , and shall from time to time loose his bread so found deficient in weight . But if he transgresse the fourth time , then must he in the open Faire or Maket stand upon the pillory . Brewers . 38 You shall likewise enquire if any Brewers or Tiplers do not keep & observe the Assize of Ale & Beer , and that it be made healthful for mans body , not setting the same to sale till it be tasted by the Officer ( called the Aletaster ) on that behalfe appointed , according to the Laws and Statutes of this Common-wealth 5 H. 3. 58 Ed. 3. For the first , second , and third time he shall be amerced . But for the fourth offence he shall goe to the Tumbrel . Victuallers . 39 You shall further enquire if any Victualler , together with Poulterers , Cookes , Butchers , Bakers , or Brewers , have conspired or made oath not to sell any Victuals but at certaine prices ; enquiring likewise of the like conspiracies of Artificers and Labourers , to do but certaine worke in a day , and that at certain hours . Every such person so doing , being thereof lawfully convicted , shall forfeit for the first offence 10 l. within sixe dayes after conviction , or 20 dayes imprisonment , having onely bread and water for his sustenance . For the 2d . offence 20 l. or else to stand on the pillory . And for the 3d. offence 40 l. or the pillory , and to loose one of his eares , and ever after to be taken as , an infamous person , and his oath not to be credited in any matters of judgement . Inne-holders . 40 You shall enquire if any Inne-holders or Hostlers , sell their horse bread , bay , oates , beans , peafe , provender , and all kinde of victuall , both for man and beast , for reasonable profit , having respect to the prizes in the market . For the first offence to be fined according to the quantity of the offence . The 2d . conviction , imprisonment for one moneth without baile , The 3d. to stand on the pillory . And the 4th . after judgment of the pillory given , he shall be fore-judged from keeping any Inne again . Butchers . 41 You shall enquire if any Butchers do sell any manner of corrupt victuals , or any contagious flesh , that dyed of any Murrain or any other disease , or kill or sell the flesh of any Bull unbaited , or do puffe and blow up meate with their breath , whereby it proves deceitfull and unwholsome . Fineable . He shall not kill any Calfe to sell , being under the age of five weeks . The forfeiture for every Calfe so killed and sold , is 3 s. 4 d. Neither shall he use the crait or mystery of a Tanner , during the time he is a Butcher . For everyday , 6 s. 8 d. False weights and measures . 42 You shall likewise enquire if any keep and use any false weights and measures of bushels , gallons , ells , yards , or false weights , ballances , or pounds ; or if any use double weights , the greater to buy with , and the lesser to sell with , to deceive the Nation . To suffer imprisonment untill he hath made fine to the Lord Protector for his offence . And if any sell any Corne , Wine or Ale but by a sealed measure . For the first offence , 6 s. 8 d. The second offence 13 s. 4 d. The third offence 20 s. to be set on the pillory , and the measure not sealed to be broken . Tanners . 43 You shall also enquire if any Tanner doth use the mystery of a Shoomaker , Currier , or Butcher . The pain is to loose all the hides or skins so wrought , or the value thereof . Or if he forestall any hides coming to the Market , or buy any hides in open Market , unlesse it be of a Beast killed for ones own private provision . For every hide so bought he forfeits 6 s. 8 d. Or if he have offered to sell any Leather before it be well dried , sorted , & marked , or hath tanned any sheeps skins , or if he put his Leather into any warm woozes . For every offence 10 l. and to stand on the pillory three severall Market dayes . Curriers . 44 You shall enquire if any Currier doth exercise the mistery of a Tanner or Shoomaker , during the time he shall exercise the trade of a Currier , or if he shall curry any hide or skin ( except it be perfectly tanned ) being not thorowly dry , or shall burn or scald any hide or leather in the currying . To forfeit for every hide or skin 6 s. 8 d. and the value of every hide or skin spoyled by his workmanship . Shoomakers 45 You shall further enquire if any Shoomaker do cause any boots , shoos , slippers , &c. to be made of any Leather , but such as is well and truly tanned , curryed , and substantially sowed . The penalty for every paire of shooes , boots , &c. made or sold otherwise , 3 s. 4 d. and the full value of the same . Searchers and sealers of leather . 46 You shall enquire if any searcher and sealer of Leather do refuse with convenient speed to seale any lawfull Leather . The penalty for every such offence is 40 s. Or if he receive any bribe , or exact any fee for the execution of his office ( except what is limited by the Statute . ) For every such bribe or see 20 l. Vnlawfull games . 47 You shall enquire if any keepe or maintaine any common house , Alley , or place of bowling , Carding , Dicing , or any other game prohibited by any Statute , or any other illegal game , hereafter to be sound out or invented . For every day 40 s. Every person that is found playing in the faid places or houses , shall be by you enquired after . Forfeiteth for every time 6. s. 8. d. All Constables , Tything-men , Bayliffs , &c. ought to search once every moneth for unlawful games , as well within the Franchise , as without . In default thereof , they forfeit for every moneths neglect 40. s. Shooters in handguns Croshowes , &c. 48. You shall also enquire , of such as shoot either in handguns or pistols , Croshowes or stone bowes ; for all are prohibited to shoot in them , ( except such as can dispend 100. l. per annum ) at any Herne , Duck , Mallard , Phesant , Partridge , Pigion , Heathcock , Teal , or Wigeon . Upon pain of 10. l. for every time he shoots . Or , ( 1. Jac. ) he that shoots at any of the said fowles , or at any Deere , or hare , and cannot dispend ten pounds per annum in land , nor is worth two hundred pounds in personal estate . Forfeits for every shoot 20. s. to the use of the poor of the parish , if he neither will nor can pay so much ; then 3. monethes imprisonment , if he can dispend 10. l. a year or above then the pain is 40. s. and finding sufficient-sureties that he shall not commit the like offence again . Fry of fish . 49. You shall further enquire of such as destroy any fry of fish , in the waters , streames or rivers , within the precincts of this Leete with any manner of net , or any devise or engine , ( angling excepted . ) The penalty is for every time 20. s. The fish taken , and the nets , &c. Phesant and Partridges . 50. You shall also inquire if any have destroyed any Phesants or Partridges , with any nets or other devises in the night time . For every Phesant 20. s. and every Partridge 10. s. to be paid within 20. daies after conviction , or one moneths imprisonment . Hawking or hunting with spaniels , &c. 51. Or if any do hawk or hunt with spanniels , where corn growes , except it be in his own ground . The penalty is 40. s. to the party vexed . Tracing of hare . 52. You shall enquire if any do destroy or kill hares by traceing in the snow , with a dogg or otherwise . The penalty to the Lord of the Leet for every hare is 6. s. 8. d. Breaking of ponds . 53. You shall likewise enquire , if any do break any pond , pool , or other pits , wherein the Lord of the Leet hath fish , to the intent to destroy and steal them away . He shall pay to the Lord treble damages , suffer imprisonment for 3. moneths , and finde sureties for his good behaviour for seven years . Evesdropers . 54. You shall enquire of Evesdroppers , such as stand under walls or windowes , by night or day to hear newes , and to carry it to others to make strife and debate amongst their neighbours , these are evil members of the Commonwealth , and here inquirable . Such offendes are punishable according to the discretion of the Jury . Musters . 55. You are to enquire if any refuse to go to Muster , or absent himself without any lawful impediment . The penalty is 40. s. and ten dayes imprisonment . Horses infected You shall enquire if any have put to pasture any stoned horses , gelding or mare infected with the scab , or other infectious or contagious disease , into or upon any Common or Common fieldes . The Penalty to the Lord of the Leet ( for every such horse so infected ) is 10. s. Watch and Ward . 57. You likewise shall enquire if Constables have been dilligent in seeing the peace kept & observed watch and ward , from the day of the Ascension until Michaelmas day every night from the setting of the Sun , until its riseing , 13. E. 1. c. 4. and if they have been remiss in any thing touching any part of their oath it is presentable . For such neglect the Constables are fineable according to the discretion of the Jury . [ Enquire the like of all the rest of the officers , according to the places they are in , as the Tythingman , Surveyors of the high wayes , Searchers and Sealers of Lether , &c. ] Mortmaine . 58. You shall also enquire if any man hath given any Lands in Mortmaine , viz to any Corporations , or Fraternity , Religious houses , or Religious persons , without licence . Such gift or devise is void , and the Lord shall have it . Treasure trove 59. You shall also enquire of treasure trove , viz. treasure found within the precincts of this Leete , either within or above the ground , the hiders not being known to any man . It appertains to the Lord of the Leete . Waifes , Estrayes , &c. 60. You shall likewise enquire of all Estrayes and waifes ; as if there be any Horses , Mares , or other cattel , or Swans , that have come within the Jurisdiction , and remained there a year and a day , and not claimed , these are Estrayes . The Lord may have them by prescription . And Waifes are cattel stoln , and waved out of the possession of him that stole them , as a thief being pursued with hue and cry to save himself doth delinquish them , they are called by the Civillians , bona derelicta ) These Waifes appertein to his Highnesse , unlesse the Lord have them by grant in his Charter .

Conclusion . But not to charge your patience with prolixities ; if there shall be any other matter come to your knowledge , omitted in the charge , and fitting to be presented , you shall enquire and present it with the rest .

Then after the charge is concluded , the Steward shall command the Cryer to make proclamation , and after Proclamation made three times , the Steward shall say ;

Proclamation . If any can inform the Steward or this Inquest , of any Treason , petty treason , Felony , petty Larceny , purpresture , breaking of pondes , or of Rescouse , or of any other thing acted against the peace , or of any misdemeanor of any officer or other person here , or of any waife or stray , Treasure found , Mortmaine or of any other thing here to be enquired of , come into Court and you shall be heard .

If any come in , and appear , let him be sworn thus ;

The Oath . The Evidence that you shall give to this Inquest , shall be the truth , the whole truth , and nothing but the truth ; So help you God , &c.

Then let the Steward say to the Jury .

Go together , and enquire of the matters of your charge , and when you are agreed I shall be ready to take your presenments .

Then adjourn the Court by Proclamation , until after dinner , in this manner .

All manner of persons that have any more to do at this Court , may for the present time depart , and appear here again at one of the clock in the afternoon .

After your return from dinner , call the Court by proclamation , and after O yes three times , say ,

All manner of persons that were adjourned over until one of the Clock , or have any thing more to do at this Court , let them come into Court and give their attendance , or as they will answer the contrary at their perill .

Then take the presentments of the Jury if they be there ready with them ; otherwise , give them a day to bring them in , adjourning the Court till then . At that day call the Court. And then call the Jury , every man by his name , and if they all appear ; take their presentments , and ask them if they be all agreed ; if they say Yes . Then ask them if they be content that their presentments shall be altered in form , if they grant it , then take them , read them , and amend the form if need require ; see that they be brought under their hands and seals for the Stewards warrant .

Then discharging the Court with Proclamation , comand the Cryer to say , O yes , three times , and say ,

Adjournment . All manner of persons that have appeared and have any thing more to do at this Court Leete holden here this day ; Let them come forth and they shall be heard , otherwise they may depart and are discharged of their attendance , and are to keep their day again upon a new Summons .

I shall not need to trouble you with presidents of presentments , ( seeing that they are so copiously performed by Mr. Kitching in his Jurisdiction of Courts , and Wilkinson in his office of Sheriffs ) onely with three or four for methods sake .

A Presentment of Petty Treason .

FIrst , the Jury aforesaid say and present upon their oath , That A. B. &c. at Skipton , within the Jurisdiction of this Court , as a Felon of his Highness the Lord Protector , &c. did make and coyn twenty silver peeces of money called shillings , and forty silver peeces of money called half crownes falsely and felloniously ( having not first gotten his Highnesses Letters Patents ) against the peace of his said Highnesse , and his Dignitie , and against the form of the Statute in this case provided and published .

A Presentment of Felony for burning a house .

ALso they present , That one A. B. of &c. gent. such a day , &c. at C. within the Juridiction of this Court , by force and Armes , &c. willfully and feloniously ( of malice by him pretended ) did burn the house of one E. F. against his Highnesses peace , and the peace of the Commonweall ; therefore the Bayliff is commanded to seise all his lands and tenements , goods and chattells , that he may answer for them to the Lord of this Mannor .

A Presentment of a Felon .

ALso they present , That A. B. of &c. Yeoman ' such a day , &c. at S. within the Jurisdiction of this Court by force and arms , &c. and against the publick peace , the Close of C D. at S. aforesaid broke and entred into , and one silk coat , called Tabby , of an Ash colour , of the goods and chattels of the said C. D. then and there found , feloniously took and carryed away . Therefore it is commanded the Bayliff , &c.

A Presentment of an Accessary .

ALso they present , that A. B. of S. aforesaid gent. such a day , &c. at S. aforesaid within the Jurisdiction of this Court , did councel , provoked , procured , encouraged , and abetted one C. D. &c. one Cow of black colour , &c. of the chattel price , &c. of one , &c. then and there found , feloniously to steal , take and drive away , and the said C. D. by vertue of the councel , provocation , procurement , encouragment and abetment , the aforesaid , &c. the said black Cow such a day , &c. year , &c. felloniously stole , took , and drove away , &c.

The Oath of the Steward .

YOu shall swear that you well and truly shall serve the Lord of this Mannor of S. in the office of Steward , and truly to see all plaints , actions , processe and matters in the Courts to be holden before the Lord of this Mannor , and by you or your sufficient deputy , according to the custome and Libertyes of the said Mannor , to be entered and recorded as they ought to be , after the best of your cuning , skill , and power , taking for the same your due fees , and the perquisites , issues , profits , and amerciaments of the same Courts ; you shall justly and truly write , and yearly extract , for the levying and gathering thereof ; and you shall truly and diligently do and accomplish all other things appertaining to your said office after the best of your knowledge , as near as Gods grace shall direct you . So help you God , &c.

The Oath of the Bayliff .

YOu shall swear , that you shall well and truly serve his Highness the Lord Protector , &c. And the Lord of this Leete in the office of Bayliff for this year ensuing , and shall well and truly collect all rents , Revenues and other annual profits , as shall be chargeable , & issuing out to you . And of that you shall make and give a lawful account at the end of the same year , and in every other thing appertaining to your office , well and truly to discharge in your year ensuing . So help you God , &c.

The Oath of the Constable .

YOu shall swear , that you well and truly shall serve his Highnesse the Lord Protector , &c. in the office of Constable-ship , and as Constable of this Town of S. for and during the space of one whole year now next ensuing ; you shall endeavour your self to the utmost of your power , to see the Publicke Peace kept and Watch and Ward observed and kept in this Town , as hath been accustomed , and as it ought to be : likewise you shall endeavour your self to learn and understand the contents of the Statute of Winchester , and diverse other Lawes and Statutes of this Nation made for the punishment of rogues , vagabonds , and sturdy beggars , haunting and resorting within the precinct of your office , and punish the offenders accordingly . Also you shall punish all such persons , as do or shall play , at any unlawful games , according to the Statute in that case made and provided . You shall also have regard for the maintenance of Artilery within your said office , and that you shall do and accomplish to the utmost of your power , So help you God , &c.

The Tithengman or petty Counstables Oath is after the same manner mutatis mutandis ; onely the Tithingman is sworn to attend on the Constable ( if he be required ) when he shall execute his Office .

Of the Affeerer , and his Oath .

But , first let us inquire what he is , and from whence his name is derived . Minsh . saith , that Affeerer cometh of the old French word Affeur'er , which is , to tax or fine , and in Latine they are called Affidati , as it were men put in trust and appointed to this Office , which do affirm upon their Oathes , what penalty they think in their conscience , the offenders have deserved ; so that they may mulct such as have committed any fault , which is arbitrably punishable , and for which no expresse penalty is prescribed by statute . The Oath is as followeth .

You and either of you shall swear , that you will truly and indifferently tax , assesse and affeer all such Amerciaments as are presented at this Court ; wherein you shall spare no man for love , favour , affection or corruption , nor raise nor inhance upon any man ( of malice ) more grievous amercements , then shall be thought reasonable , according to the quality of the offence , and the faults committed , and not otherwise . So help you God , &c.

The Oath of the Ale-taster .

YOu shall well and truly swear that you shall well and truly serve his Highnesse the Lord Protector , &c. and the Lord of this Leete in the office . of Aletaster , or Assizor of this Liberty or Hundred for this year to come ; you shall duly and truly see from time to time , that the bread brought to be sould be duly weighed , and that the same to continue such weight , according to the prices of wheat , as by the Statute in that behalf is provided : likewise you shall have diligent care , during the time of your being in office , to all the Brewers and Tiplers within your office , that they and every of them , do make good and wholesome Ale and Beer for mans body , and that the same be not sould before it be assayed by you , and then to be sold agreeable to the prices limitted and appointed by the Justices of Peace ; and all faults committed or done by the Bakers , Brewers or Tiplers , or by any of them , you shall make known , and present the same at this Court , whereby due and condigne punishment may be inflicted upon them for their offences accordingly , and in every other thing , you shall well and truly behave your self in the said office for this year to come , So help you God , &c.

Of the Hayward , Beadel , or Greve , and his Oath .

HAyward , hath its derivation from the French word Haye , i. e. sepes , a hedge , and Garde , i. e. custodia , a keeper of the hedges . With us it signifies , one that keepeth the Common heard of the Town : and yet one part of his office is to look that they break not the hedges of inclosed grounds . He is called by the Latines Bedellus . i. e. oppidi vel civitatis servus .

You shall swear , that you shall well and truly serve his Highness the Lord Protector , &c. and the Lord of this Leete in the office of Hayward , Beadel , or Greve for this ensuing year , and you shall duly and truly execute all Attachments , and other process to you directed from the Lord or Steward of this Court , and you shall present all pound breaches which shall be made within your office ; and also all Chattels , Strayes and Waifes , and in every other thing , well and truly hold you in the same office . So help you God , &c.

It is usuall with Lords to grant their office of Bayliwick , taking good securities in this manner .

A grant of a Bayliwick .

TO all , to whom this present writing shall come . A. B. of C. in the County of Y. sendeth greeting . Know ye that I the said A. B. in the fidelity , circumspection and due diligence of my beloved servant E. F. to me and my posterity hereafter to be done and performed , very much relying and confiding ; Have made , ordained , and by this my present writing constituted the said E. F. of Town , Mannor , or Lordship of S. in the said County of Y. Collector and Receiver of all and singular my Rents , Revennues , Fines , Amerciaments , and Estreates of Court Leets , or viewes of Frank-pledge there : And of all other profits by reason of the said Court Leet , or view of Frank-pledge , any way arising , emergent or coming : to have , hold , exercise and occupie the said office to the said E. F. by himself so long as he shall well behave himself towards me , and shall a true and just account of his Receits make unto me , and the same shall well and truly pay and satisfie . Takeing of me for his yearly wages 5l . at the Feasts , &c. by equal portions , by mine own hands after his account and full payment at every half year , and the gifts , rewards , and emoluments to the same office due and accustomed . In testimony whereof , &c.

Curia Dominicalis : OR , COURT-BARON .
Of the first Original , and Institution of Mannors and of this Court .

IF we labour to investigate the Antiquitie of Court-Baron we shall finde them as Ancient as Mannors themselves ; therefore we will inquire what a Mannor is , together with the first institution of Mannors .

What a Mannor is ? The word Mannor , Manerium est nomen collectivum & generale , it comprehends Houses , Lands , Gardens , trees , &c. and hath its Etimologie ( as some derive it ) a Manendo , and then it taketh its name either from the Mannor House which the Lord maketh his dwelling L. Dyer . place , or else a manendo , quia Dominus ac tenentes in Manerii sui circuitu cobabitant ac manent : others compute its denomination from the Latin , Manerium quasi Manurium , because it is laboured with handy work by the Lord himself , or which the Tenants are obliged to manure , or else from the Lands remaining in the Tenants hands , which are likewise tilled and manured : others would have its appellation from the French word , Manoir , i. e. Mansions ; because the Lord remaineth there and hath his house which is called the principal house of the Mannor , or from the French word Mesner , which signifies to govern or guide , because the Lord of a Mannor hath the guiding and directing of all his Tenants within the limits of his Jurisdiction , and this is holden ( by some ) to be the most probable Etimologie , and most consentaneous to the nature of a Mannor : for a Mannor ( hisce diebus ) signifieth the Jurisdiction and Royaltie incorporate , rather then the Lande or Scite :

How Mannors were created . When the pristine Kings of this Commonwealth ( who had all the lands of England in Demesne ) did conferr great quantities of land upon some great Personages with liberty to parcel the land out to other inferior Tenants , reserving such duties and services as they thought convenient : Such lands were called Mannors ; a Mannor consisting of two parts , viz.

1. Demesne , 2. Services ,

F. N. B. 3. & 8 And neither of them can make a Mannor without the other : for a Messuage or Lands cannot be called demesnes without Tenants belonging to them , to pay Rent and do services : so on the other part , though a man have Tenants to pay him Rents , and do him service , and no Messuage or lands whereupon to keep his Court. and to receive his Rents and services , this cannot be called a Mannor , but onely a Signtory ingrosse , F. N. B. 3. & 8. Likewise a Mannor must be by prescription , and the services by continuance time out of minde , and therefore a Mannor cannot be created at this day by the Protectors Patent , it Leonards Reports first part 33. Marsh against Smith . being an hereditament consisting of many real things and incorporated together , before time of memory ; then a multo fortiori , a subject cannot creat one ; yet may he in some sort enlarge a Mannor by adding some services unto it , 9. Ass. pl. 24 , & Br. tit . tenure , 26.

A Customary Mannor , what it is , and what may be a good Mannor to maintain Coppy-holders .

NOw though a Mannor by his proper nature ought to consist of

Demesnes and Services ,

Yet in some cases , that may be a Mannor , and maintain Coppyholders , and a Court Baron ; by usuage and custome , which otherwise by Common law is no Manor , nor can be so called , &c. As if diverse do hold lands by Coppy of the Mannor of Dale , and so have done time out of minde , and the like time there hath been no Freeholders to the said Mannor , although this be no Mannor in his proper nature , yet by usuage and custome it is a good Mannor to maintain Coppyhoders , Carthrops Readings 12.

Customary Mannor , what . And in Coo. 11. 17. & 18. Sr. Henry Nevils case , it is cleerly resolved by the whole Court , that there may be a Customary Mannor , and held by Coppy , and that such a Customary Lord may hold Courts , Co. 11. 17. & 18. Sr. Henry Nevils case . and grant Coppies , and that such a Customary Mannor may passe by Surrender and Admittance , and that Fines shall be paid upon admittance , as well upon alienation , as upon discent , and there may be also a Customary Lord , Mesne , and a Customary Tenant , as in case where the Mesnalty is a Tenancy at will , at the common law of a Mannor , and also if such a Customary Mannor be forfeited , the Lord shall have the customes and services as appertaining unto the same , and it is there said that the Mannor of Aylesham in the County of Norff. is held by Coppy .

By what names a Mannor may passe .

17. E 3. fo. 8. Bolstrod . first part . fo. 54. Mich. 8. Jac. A Mannor may pass by several names ; as it may be known by the name of Priory or Chantery as appeareth by the book of 17. E. 3. fo. 8. where a feofment was made of a Mannor by the name of Knights fee , and this is there held to be good , this having usually carryed the name of Knights fee , and the same may well pass by this name , either by Fine or by Feofment ; and in another place a Mannor was cognitum & vocatum by the name of seven yard land as well as by the name of Mannor , and passed .

How Court Barons were first Instituted .

Lamb fo. 128. & 146. Cambden Brit. 1216. Britton . fo. 274 Mirror . cap. 1. Sect. 3. At the Creation of Mannors , the King delegated Courts to the Lords , where they might redress misdemeanors within their precincts , and to punish offences committed by their Tenants , and to decide and debate controversies arifing within their Juridiction , and these Courts were termed Courts Barons , as it appears amongst the Lawes of Edward the Confessor , where it is said Barones vero qui suam habent curiam de suis hominibus , &c. taking its name of the Baron who was Lord of the Mannor , ( or according to Coo. com . Lit. fo. 58. a. for that properly in the eye of the Law it hath relation to the Freeholders , who are Judges of the Court ) because in ancient time such persons were called Barons , and came to the Parliament and sate in the Upper House ; but when time had wrought such an alteration ; that Mannors fell into the hands of inferiour men , and such as were farre unworthy of so sublime a calling : then it grow to a Custome , that none but such as the King would , should come to the Parliament ; such as the King , for their extraordinary wisdome or quality thought good to call by Writ , which Writ ran hac vice tantum : yet though Lords of Mannors lost their names of Barons , and were deprived of that dignity , which was inherent to their names , yet their Courts retain still the name of Court Barons , because they were originally erected for such personages as were Barons , neither hath time been so injurious as to irradicate the whole memory of their pristine dignity , in their denomination , there are yet stamps left of their nobility , for they are still entituled by the name of Lords .

Court-Baron cannot be seperated from a Mannor .

12 Eliz. Dyer 288. THis Court-Baron is the chiefe Prop and Pillar of a Mannor , which no sooner faileth , but the Mannor is destroyed , and therefore it cannot be separated from the Mannor , for it is a wealth to a Mannor ( the like of a Court of Pypowder to a Faire , of which more in its proper place ) and by granting the principall which is the Mannor , the Court which is incident to it , passeth without being named , 12 Eliz. Dyer 288. if a Mannor be granted cum pertinentiis the Court passeth , , for it is an incident inseperable to the Mannor , and one cannot grant his Court , but he may grant the profits of it , Brownlows Rep. 175. Yet though Brownlows rep. 175. a Court-Baron is incident to a Mannor , it must be understood of a Mannor in facto , in reality and truth , but not to be a Mannor only in intendment , and a meer nominall Mannor , Bolstrod , first part , fol. 54. Bolstrod , 1. part fol. 54. Mich. 8. Jac.

Bolstrod , 1. part , fol. 57. And as a Mannor at this day cannot be derived out of the CROWNE , therefore ex consequente , neither the Court-Baron which is incident to such a Mannor , but a Court-Leet is not incident to a Mannor , but he which hath a Mannor may also have a Court-Leet to be by him held within his Mannor , but this ought to be by a speciall grant from the King , and not otherwise , and then he may punish offenders , the which he cannot doe in his Court-Baron , he cannot be ousted of his Court-Baron unlesse he be ousted of his Mannor ; for if he have a Mannor , he ought to have such a Court-Baron , for this , ( as I have said ) is as an incident , and follows the Mannor as a necessary consequent and adjunct unto the Mannor , and therefore if he have the one ( viz. ) the Mannor , he shall also have the other , ( viz. ) the Court-Baron .

What parts a Court-Baron doth consist of .

THis Court-Baron appertaining to a Mannor consisteth of four speciall parts , viz.

1. The Lord . 2. The Steward . 3. The Tenant . 4. The Bayliffe .

It is defined to be an assembly of these parts together within the same Mannor ; and it is likewise duplicate , viz.

1. The first is for the taking care , counsel , and inquiry of causes concerning the same Mannor : as for the triall of titles of the land , and the taking and pasing of estates , Surrenders , admittances , and grants , and to see justice duly executed , and the Acts and Ordinances there done to be recorded in the Rolls of the same Court , which Rolls are the evidences of all Ordinances , duties , and customes , and conveyances between the Lord and the tenants of the same Mannor , and are to be entred by the Steward , or an Officer indifferent between the Lord and his Tenants , and the same Rolls to remain with the Lord , thereby to know his Tenants , his Rents , his Fines , his Customes and his service . And the particular grant of every Copy-hold , to be copied out of the Rolls , and the copies thereof to be delivered to every particular tenant , neither can they make any other title to their said tenements , but by their said Copy : And this is called the Copiholders Court , and herein the Steward is judge .

2. The other is for the triall of actions under the sum of forty shillings , of the nature of the County-Court , ( of which we have copiously treated in the first part of this worke , and therefore here not necessary ) And herein the Freeholders are Judges . But to returne to the Copyholders Court .

And herein , the Lord , the Steward , the Freeholders , the Copyholders , and the Bayliffs of every Mannor , have an intermixt and joynt office , and authority , in some cases , and to some purposes : and to other purposes their office is distinct , and every of them doth occupy several places , persons , and parts .

Five things necessarily appertaning to a Mannor .

THere are five things necessarily appurtenant to a Mannor , and Court-Baron , viz.

1. The Lord is chiefe to command and appoint . 2. The Steward to direct and record . 3. The Free-holders to affere and judge . 4. The Copy-holders to inform and present . 5. The Bayliff to attend , and execute , &c.

And all these united make a perfect execution of Justice , and judgment in Court-Barons , and without all these a Court-Baron cannot be held in his proper nature , in respect of all causes appertaining to the perfect jurisdiction of a Court-Baron . But to make a more particular demonstration of their distinct authorities and offices .

1. And first of the Lord , as he is chiefe in place , Of the Lord . so in authority , and he officiateth three severall places , viz. the one of a Chancellor , in cases of equity , the other of Justice in matter of right , and the third of himselfe , in cases proper and particular to himself .

2. The Steward doth act the part of several persons , Of the Steward . viz. Iudge and Orderer in cases of Copyhold ; and also a Minister and Register to Record and enter things into the Court-rolls , and in both these to be indifferent between the Lord and his tenants .

3. The Freeholders do likewise execute two parts , The Freeholders . that is to affeere , and judge amerciaments , and also to return and certifie judgements .

4. The Copyholders hold two distinct places , viz. The Copyholders . to inform offences committed against the Lord within the Mannor , and to present such things , as shall be given in charge by the Steward .

5. The Bayliffe officiates two parts , viz. to execute The Bayliff . the processe , and mandates of the Court , and also to return into the Court the execution of the same process , & quod sit ita justus , quod ob vindictam vel cupiditatem non quaerat versus tenentes Domini , vel aliquos sibi subditos , occasiones injustas , per quas destrui debeant seu graviter amerciari . Fleata lib. 2. cap. 73.

The difference betwixt Court-Leet and Court Baron .

Mag. Char. c. 35. 31 E. 3 cap. 15. HAving travelled thus far in this pen-beaten way , we will now inquire the difference between Court-Leet and Court-Baron ; and here these Courts differ from Court-Leets in divers respects : and first in this , that Court-Barons by the Law may be kept once every three weeks , or ( as some thinke ) as often as it shall please the Lord of the Mannor , though for the better ease both of Lords and tenants , they are kept but very seldome ; but a Court-Leet by the Statute of Magna Charta cap. 35. 31 E. 3. cap. 15. is to be kept but twice every year , one time within the Month after Easter , and another time within a Month after Michaelmas .

2. Secondly , in this , that Court-Barons may be kept in any place within the Mannor , but a Court-Leet by the said Statute of Magna Charta is to be kept in certo loco ac determinato within the precinct .

3. Thirdly , in this , that originally Court-Barons belonged unto inferior Lords of Mannors , but Court-Leets belonged unto the King only .

4. Fourthly , in this , that Court-Barons are inseperably incident to every Mannor , so that every Lord of a Mannor may keep a Court-Baron , but few have Leets ; for inferior Lords of Mannors cannot keep Court Leets without speciall prescription , or some speciall patent from the King .

5. Fifthly , in this , that in Court-Barons the Suitors are Judges ; but in Court-Leets the Steward is Judge .

6. Sixthly , in this , that in Court-Barons the Jury consisteth oftentimes of lesse then twelve , in Court-Leets never , because none are impannelled upon the Jury but Freeholders in Court-Barons of the same Mannor ; but in Court-Leets strangers are oftentimes impannelled .

7. Seventhly , in this , that Court-Barons cannot subsist without two Suitors ad minimum , but Court-Leets can well subsist without any Suitors .

8. Eighthly in this , that Court-Barons enquire of no offences committed against the Protector , but Court-Leets enquire of all offences under High-Treason committed against the State and dignity of the Protector .

9. In many other respects they differ , as that a Writ of error lieth upon a Judgement given in a Court-Leet , but not in a Court-Baron .

10. So in a Court-Leet a capias lieth , but in a Court-Baron , instead of a capias is used an Attachment by goods .

11. So in a Court-Baron an action of Debt lieth for the Lord himselfe , becanse the Suitors are Judges , but in a Court-Leet the Lord cannot maintain any action sor himselfe , because the Steward is judge .

Of the time when , and place where this Court is to be kept .

THE usual and accustomed time is to keep it once every three weeks , and although no Court hath Coo. l. 4. 26. & 6. 27. Owens Reports fol. 35. Mic. 13. & 14 Eliz. Leonards Rep. 133. Marsh against Smith . time out of minde been holden within the Mannor , yet it is not thereby extinct and lost , for it is incident to a Mannor of Common right , Coo. l. 4. 26. and 6. 27. a. And to the place where it is to be kept , it may be kept and holden in any place within the Mannor , as the County Court in any place within the County , and Hundred-Court in any place within the Hundred : for as to every Mannor a Court is requisite and incident to it ; so is it transitory throughout the whole Mannor , and every part of the Demesnes of the Mannor is capable of a Court to be holden there . But if it be Co. 4 fol. 24. Murrell and Smith , and fo. 27. Cliftons case . holden out of the Mannor it is void , unlesse a Lord being seized of two or three Mannors , and hath usually time out of minde holden at one of his Mannors , Courts for all his said Mannors , there by custome such Courts are sufficient in Law , though they be not holden within the severall Mannors .

The manner and Method of keeping the Court.

The Stile of the Court. THE Court-Baron of A. B. Esquire , of his Court-Baron aforesaid , held the 18. day of October in the year of our Lord 1658. before C. D. Steward there .

After you have entered the Stile of the Court , command the Bayliffe to make Proclamation , O yes , &c. and say :

Proclamation . All manner of Persons that have been summoned to appear here this day , or have any thing to do at this Court , draw near and give your attendance .

Or if any will be Essoyned , or enter any plaints , let them come forth and they shall be heard . Which Essoyn is thus entred , viz.

A. B. is Essoyned for suit of Court , by C. D.

Essoyn . And Plaints are entred in this manner :

Plaint . A. B. complains against C. D. of a plea of Trespasse , debt , or as the case requires .

And the proceeds upon plaints are the very same as in the County Court .

Call the Freeholders , and those that make default , let them be amerced in this manner , viz.

Amerciament . A. B. Esquire , and C. D. Yeoman , are Free-holders of this Court , and have made default , therefore each of them is amerced , as may appeare upon their heads .

Then enter over their heads thus : Amerced two pence .

Then command the Bayliffe to call the Jurors .

Jurrors . I. D. Jur. C. D. Jur. B. A. Jur. R. R. H. I. D. C. S. T. K. L. F. E. V. W. M. N. R. P.

Then call the Foreman to the Booke , and swear him after this manner .

The Foremans oath . You shall swear that you as Foreman of this Homage , with the rest of your fellowes shall duly inquire , and true presentment make of all such articles and things as shall be given you in charge , and therein you shall spare no man , for love , favour , or affection , nor present any man for malice , hatred , or envy , but according as things here presentable , shall or may come to your knowledge , by information or otherwise : So shall you make there true presentment without concealment , So help you God , &c.

The Foreman being sworne , call the rest by their names , and sweare them by soure at a time , in this manner :

The oath of the rest . The same oath that I. D. your Foreman hath taken before you on his part , you and every one of you shall observe and keepe of your parts . So helpe you God , &c.

After the Inquest thus impannelled and sworn , make another O yes , and say :

Proclamation . You good men that are impannelled , draw near , and you , and all other keep silence during the Charge .

An Exhortation to the Jury . MY MASTERS :

YOU that be sworne , before I give you your Charge , I think it necessary to declare , by what authority you are commanded hither , and for what cause . Chiefely you are appointed to be and appeare here , being that you are the Lords Tenants , and are obliged by reason thereof to appeare at the Lords Court-Baron when it snall be holden , according to the Law and Custome of this Mannor , that is to say , at every three weekes end , being warned , and being ( by the same authority ) there to end and determine injuries , trespasses , debts , and other actions , where the debt or damage is under forty shillings . And also that nothing be acted within the Mannor , which shall be a detriment to the Inheritance of the Lord of this Mannor , which ought to be enquired and presented for the Lord : And that you be the more diligent and carefull in enquiring and presenting the same , I have ministred a corporall oath unto you , which is an Invocation , or taking to witnesse the name of God , to confirme the truth of that you shall say and present , minding neither fraud nor deceit , but only the truth , not partial , but seeking the glory of the Almighty , the commodity of your neighbours , and the whole Common wealth . Thus much of exhortation in briefe , and now to your Charge .

The Charge .

1. FIrst , you shall enquire of the Suitors which owe any Suit to this Court , whether they be heires or no , and present their names that make default , for they which be absent ought to be present here as well as you , except they have some lawfull impediment to the contrary , for they hold their lands aswell to do their suit , as to pay their rent ; so that if they do not theīr suit they shall be amerced , or the Lord may have good remedy for the same : Also , you shall understand , that every common Suitor is bound by The tenants are obliged to appeare at every three weeks end at the Lords Court-Baron . the Lawes to appeare at the Lords Court-Baron every three weeks : notwithstanding the Lord for your ease ( which he esteemeth more than his own profit ) suffereth it to be kept but seldome , as appeareth ; for which cause every of the Tenants ought to be more willing to come unto his Court at such times as are appointed for the holding of it ; for if they voluntarily absent themselves , then they render evil for good , for when they did their Fealty they were sworne to be true tenants unto their Lord , and to pay and doe all manner of suits , customes , and services due for their Tenements , at their day assigned , and therefore let every man remember his oath , and duty , and doe his suits and services according to the same , otherwise he shall fall into the danger aforesaid .

2. Next you shall enquire whether there be any tenants What tenants are dead since the last Court . dead since the last Court-day or before , whose death as yet is not presented , and you shall present the same : also what lands and tenements he holdeth of the Lord of this Mannor at the time of his death , What lands he held , and by what service . and by what services , to wit , whether it were by Knights-service , Soccage tenure , or Copyhold , and what advantage the Lord shall have by his death , as Reliefe , Escheat , Fine , Heriot , &c. and who is his Who is his next heire . next heire , and what age he is of , and in whose custody , and present it . You shall understand there be divers manner of Tenures but most men do hold by Knights service , or Soccage Tenure .

Knights service what it is . Knights service is when the Tenant holdeth of the Lord by Escuage , that is to say , by the service of the Shield ; also to hold by Castle-guard , to wit , to keep a Castle or Tower , or other place of his Lords upon reasonable notice , when the Lord heareth that enemies come into England , that is Knights service .

Homage , fealty , and Escuage , Knights service Also he that holdeth by Homage fealty , and Escuage , holdeth by Knights service . Also he which holdeth of his Lord to blow a Horne to warne the men of that Courtrey when Enemies do invade England , holdeth by Knights service , and Knights service ought always to Knights service is done by a man in propria persona . be done by a man in his proper person , which formerly drew unto it Ward , and Marriage , and at this day reliefe : for when such a Tenant died seised , and his heir male within age and unmarried , the Lord and the Land holden of him , and also the marriage of him untill he were of full age , viz. the age of 21 yeares . But if such a tenant died seized , his heire female being of fourteene yeares or more , then the Lord should neither have had the Wardship of the Land , nor of her body , for the Law intendeth that a woman of that age may have a Husband able to do Knights service : and if she were within fourteene yeares of age and unmarried , then the Lord had the Wardship of her Land , and also of her body , until she attained the age of sixteen years ; and this at this day is extinct , of which see more in the Act of Parliament for the taking In Scobels acts in Wards , &c. See the Act of Parliament for the taking away of the Court of Wards . away of the Court of Wards . And some such Tenants do hold by halfe a Knights service , and some by halfe a Fee , and some by more and some by lesse , and if such a Tenant dieth , which holdeth by one Knights fee , and his heir being of full age , then the Lord shall have Homage and Fealty , and also five pounds for a Reliefe ( of this fee the said Act ) of him that holdeth by halfe a Knights fee , two pounds ten shillings , and he that holdeth by more shall pay more , &c. you shall therefore present whether any such Tenant died seized of any such Lands and Tenements so holden , yea or no.

3. Also , you shall enquire whether any Tenant If Tenant by Knights service made any Feofmēt to his heir . Alenation by collusion & holding by Knights service . Feofment to his use , the land holden in Knights service . which held by Knights service , made any Feofment to his Heire , and after died , his Heire being within age .

4. And whether any such Tenant made any Alienation of any such Land so holden to any person by collusion , to defeat the Lord of his profits , and present that .

5. Also you shal enquire , whether any such Tenant which held by Knights service , did make any Feofment by Deed to his use , or any Recognizance , by fine to his use , or suffer any Recovery against him to his use , and after died , and no will by him declared , and present it : for in those cases also the Lord shall have Reliefe , of his Heire , being of full age , and other duties , as well as if his Tenant had died seized .

6. Also you shall enquire whether the Heire of such Entry for Conditions broken . Tenant entred into any such Lands so holden , for any condition broken , being made by any of his Ancestors , and present it .

7. Also you shall enquire if any Tenant which held Disseizin of the Tenant , and death before any re-entry . by Knights service was disseized of Lands so holden , that is to say , put out of them by one who had no right or title to them , and after died before any re-entry , or any legall recovery had , and present it .

8. Soccage-tenure is , where the Tenant holdeth of What Soccage tenure is . the Lord by Fealty and certaine rent for all manner of services , or by Homage and Fealty for all manner of services , or to pay a summe of money for Escuage , or to pay a certain summe of money for Castleguard : All such Tenures are Tenures in soccage : and all other Tenures which are not Tenures by Knights service , are Tenures in soccage : and where such tenants die seized of any Lands so holden , the Lord of whom the Land is so holden , after the death of his Tenant can have no more profit but only his Fealty and Reliefe , that is to say , as much money and service as one years rent doth Reliefe is as much money as one years rent . amount unto . As if the Tenant held by Fealty , and ten shillings for a Reliefe , over and besides the ten shillings , which he shall pay for his Rent , and in such case after the death of the tenant , such reliefe is due to the Lords maintenance , so that the heire be of the age of fourteen yeares , and he ought to tarry for his reliefe untill the day of payment of the Rent , but he ought to have his reliefe maintenant , and for that he may distrain immediately after the death of his Tenants .

9. Also if a Copyholder die sole seized of any Lands Copyholder . or Tenements so holden , his heire being of the age of fourteene yeares , then he shall pay a fine unto the Lord and do Fealty , and be admitted Tenant ; but if the heire be within the age of fourteene yeares , then some Guardian shall be admitted to occupy his Copyhold , and to pay and doe his service due for the same , viz. If Lands descend from the Father , then the Mother , or some of her next kindred shall have the occupation of the same Lands , untill the Heire be at age , and they shall a little fine for the Guardianship , and the Heire at his entry shall pay the whole fine , you shall enquire thereof and present the same .

10. Also you shall enquire whether any Tenant If tenant by Socage made any feofment to his use . which held by Soccage Tenure did make any Feofment in fee to his use , and died seized of the use , his Heire being within age , and no will by him declared of the use , and present it , for that the Lord shall have his Reliefe , as well as if he had died seized of the same Lands .

11. Also you shall inquire whether any Freeholder Whether any Freeholder hath aliened any of his freehold Lands . hath aliened or sold away his Free hold Lands or Tenements , or any parcel of them , and present it ; for he which hath purchased the Land , before he enter , ought to come and give notice unto the Lord , that he hath purchased the same , and so the Lord shall know his Tenant , and the service which the former paid unto the Lord , shall be apportioned according unto the value of the Lands .

12. Also you shall enquire , whether any that held Herriot service , Herriot custom . by Herriot service , or Herriot custome died seized of any Lands or Tenements so holden , and present it , for their service shall be apportioned : also the Lord shall have of every of their severall parts divers Herriots at their severall deaths . Also if one man have two severall parcels of Lands holden by Herriot-service , and by two severall titles , and dieth seized of the same , the Lord shall have after his death two Herriots .

13. Also you shal enquire if any Copyholder died seized Whether any Copyholder died seized of any such Lands . of any Lands so holden , and present it , also whether any Copyholder hath made any Lease of his Copyhold , or otherwise aliened or sold the same , and present it , for it is a forfeiture of his Copyhold ; for if a Copy-holder will alien or sell away his Copyhold , he ought to come into the Court and surrender the same , into the hands of the Lord , to the use of him who shall have the Estate , or else out of the Court he ought to How a Copyholder ought to surrender his Copy-hold . surrender it unto the Bayliffe , or to some of the Tenants of the Lord-ship to the use of him who shall have the estate , and they to whom the surrender is made , ought to present the same at the next Court , and then pay his fine for the same , and take it to his use in the Court , and do his endeavour to be admitted , and if he be not at the same Court , then the Lord shall have the meane profits of the same Lands , all the rent-services and repairations being deducted , until he be amerced of his fine , according to his duty .

14. Also you shall enquire if any Copyholder Whether any Copyholder hath made any surrender . hath made any Surrender of his Copyhold , or any part thereof since the last Court-day , or before , and present it , and into whose hands it was made , and in whose presence , or to whose use : for at every surrender the Lord ought to have a fine , and the party into whose hands the surrender is made , ought to come to the next Court , and present the same , and to yield up his right into the Lords hands to the use of the alienee , according to the trust reposed in him , or otherwise he forfeiteth his Copyhold , except he have a treasonable excuse : for that he doth as much as in him lies to defeat the Lord of his Fine , and also to defeat the other party ; to whose use the surrenderd was made .

15. Also you shall enquire if any Tenant of the Mortmain . Lordship have given any lands into Mortmain , and present it .

What Mortmain is . Mortmain is , if a man give or sell any lands to any House of Religion , or to any other which be corporate by the Knights grant : also if one make a Foefment upon trust to the use of a Religious House , or to the use of a Fraternity corporate , that is Mortmain .

Also if one exchange Lands with a body corporate , this is Mortmain .

Also if a Religious person , or other body corporate , doth hold of any man by Knights service , and he release unto him , this is Mortmain , and then the Lord may enter , and shall hold the same by force : you shall therefore present them that have given any Lands or tenements in Mortmain .

16. Also you shall enquire , whether any tenant for term of life or years , or any Copiholder of this Lord-ship Waste . hath committed any waste , or suffered any waste to be committed upon their Lands or Tonements .

What waste is , and how the same is committed . Waste is , when any tenant for terme of life , yeares , or any Copyholder , pulleth downe any house , or cutteth down any timber trees , or suffereth the house willingly to fall , being on their Copyhold Tenements , or if any of the Tenants plow up any Meadow ground , or if they suffer any wall or pale which were covered to be uncovered , by reason whereof the same wall or pale falls into decay , or if any of them dig coals , chalk , or sand , or make any Mines in their grounds , this is waste . Also if they cut downe a tree to the value of three shillings four pence , this is admitted waste : but if a man cut down timber to repair the old houses that stand upon parcel of the same ground , and therewith doth repair them , then it is no waste : but if he with the timber build a new house , then the cutting down of such timber is waste : Or if he cut down any timber to sell , to repaire such houses which are fallen into decay , such is waste . But if waste be done with a tempest , no tenant shall be punished for such waste : but if waste be done by any danger , the tenant shall be punished for such waste . Also it is no waste to sell in a reasonable time such trees as have been selled within twenty yeares before : But if Tenants cut downe such trees to burn upon their Tenements , where they have wood sufficient , this is waste . Also a Copyholder may not cut down wood to sell , but he may to burne upon his tenement , or to make reparations as aforesaid .

17. Also you shall enquire whether any tenant in Whether any tenant in possession or reversion died seized without any heir . possession or reversion died seized of any Land or Tenements holden of this Lordship , having no heire at the time of his death , yea or no , and present it , for then the Lord shall have the Land holden of him by Escheat . You shall understand that none shall have Lands in Fee-simple , as heirs unto any man , unlesse he be heire of the whole bloud : for if a man have issue two sons by divers women , and dieth seized of the same Land , and the eldest entereth and dieth without issue , the yongest shall not have the Land as heire unto his brother , because he is of the halfe bloud , but another heire of the fathers side shall inherit the same Land , and if he have no heire on the Fathers side , then the next hiere on the Mothers side shall not have the Land , but the Lord of whom the Land is holden shall have it by Escheat ; and so when Land descendeth on the Mothers side , the heir on the Mothers side shall inherit , and not the heirs of the Fathers side . Also you shall understand , that filius in adulterio conceptus , viz. a Bastard can never be heire unto any man , nor have heire unto himselfe : Therefore if any Bastard , or any A Bastard may not inherit . other Tenant have died seized without heirs , you shall present .

18. Also you shall inquire if any Tenant was seized Whether any tenant died , being put out of his land by one that had no right to of any Lands or Tenements , and was put out of his Land by one who had not a right title , and afterward died without any heire , the Lord shall have his Escheat as well as if his Tenant had died seized .

19. Also you shall enquire , whether any Tenant of Petty Treason , felony , or murder committed of any Tenant , for which he was hanged , or had judgment to be hanged . this Lordship hath committed any Petty treason , felonies , or murthers , for the which he was hanged , or for the which he had Judgement to be hanged , though afterwards he payd his Charge , and was delivered to the Ordinary , and present it . And whether any Tenant hath committed any Petty treason , felony , or murther , for the which he hath abjured the Land , for which he was outlawed , or by death , and present it : For in all those cases the Lord of whom the Lands are holden , shall have them by Escheat , and also the evidences concerning the same .

20. Also you shall enquire if there be any Rents , Whether there be any rents lost , or services with-drawn . Customes , or Services withdrawne from the Lord-ship , which of right ought to be done , and present it , and what Rents , Customes , and Services they are , and by whom they are withdrawne , and where the Land lieth , that the Lord may have the remedy for the arrearages thereof .

Whether the Tenants do uphold and repair their tenements . Also you shall enquire whether the Copyholders , or Fermers of this Lordship do uphold and repair their Tenements yea , or no , and present them . You shall understand that every Tenant is obliged to three things viz.

1. That he be a true tenant to his Lord . 2. That he sufficiently repair his tenements . 3. That he pay and do all suits , Customes , and Services at his dayes assigned : for he tooke upon him to do so when he did Fealty , and if he do not pay his Suits , Customes , and Services the Lord shall have good remedy and recover the same with his damages : and if he be a Copyholder , and do the contrary , he forfeits his Copyhold .

21. Also you shall enquire if any tenant of this Whether any tenāt hath with-drawn his services . Lordship , which is obliged by reason of his tenure to do suit unto the Lord , will do the same , yea or no , and present it : and whether any have used to with-drawn their suit from the Lords Mill , in not grinding their corn there , and present it .

22 You shall also enquire whether any Waif or Stray Waife and stray . is , or was within the Lordship , and whether the Lord be answered of the same ; if not , present by whom they are conveyed away : Also you shall enquire if any Heriot be conveyed away , and by whom , and present it .

23. You shall also enquire whether person have Rescous . made Rescous against the Lord , or any other Officer , and present it .

What it is . Rescous is , when the Lord distraineth in the land holden of him for his Rent , or services in arrear , or if the Lord come upon the lands and would distrain , and the Tenant or some other will not suffer him , this is Rescous . Likewise if the Lord distrain for service behinde , or for damage-Feasant , and in driving cattell to pownd , the Beasts enter into the house of the owner , if he that distraineth pray deliverance , and the possessor will not deliver them , this is a Rescous , therefore if Rescous have been made , you shall present it .

24. Also you shall enquire whether any person Breach of pownd . hath broken the Lords pownd , that is , to have taken away a Distresse put in , and present it . You shall understand , that if the Lord do distrain any Tenant for Rent or Service in arrear , he may impownd the same Distresse in a Common pownd if he will , or in his owne ground , or in his neighbours if he will , by the licence of his neighbour , and all those places in which the Lord doth impound any Cattell , are called the Lords pownd , but not so when another doth impound any Distresse in his own pownd , or in his neighbours : It behoveth him to give notice to the other party ; for that if the Distresse be quick he may give it meate ; and then if the Beast die for want of sustenance , he that was distrained shall be at the losse , and then he that distrained before may distrain againe for the same rent or duty .

Whether any Tenant hath let any Farm fall to decay , viz. not maintained for husbandry , as before . 25. You shall also enquire , if any Tenant within the precincts of this Mannor , hath suffered any Farme or House to fall to decay , which at any time since the first yeare of the Reigne of Henry 7. hath beene let with twenty acres of land , and present it : For if they suffer their houses to fall to decay , the Lord may take and distrain for halfe of the issues and profits of the same , and keep to his owne use , untill such time as the houses shall be sufficiently builded and repaired , viz. maintained again for husbandry .

26 Also you shall inquire if any inhabitants or If any have overcharged the common , or high wayes , or put Cattel in them before the dayes agreed upon . Commoners have over-charged the Common or High wayes , or your Common fields , by putting in more Cattell then they ought to do , and whether any of them have put their Cattel in any the Commons aforesaid , before the dayes agreed upon , and present it ; for the Lord ( as it seems ) may distrain the surplusage damage feasant , or else you may make among your selves orders and lawes for your owne profit , that none shall do upon certaine penalties , &c. and by such Lawes the Inhabitants and Commoners shall be bound , &c.

27 You shall also enquire if any persons have made If any persons have made pits in the high wayes , breaking of hedges , &c. Stopping of wayes , waters , &c. any pits in the high wayes , and whether any person do commonly break hedges , and suffer any Hogs to go unyoaked or unringed , to the annoyance of their neighbors .

28 You shall also enquire whether any persons have drained or stopped any wayes , waters , ditches , paths , or turned any of them into a wrong course , and present it .

29 Also if any have incroached any Land of the Lords , viz. Land , Meadow , Pasture , Wood , Heath , Whether any have encroached . Moor , or any other vacant land without license of the Lord , by setting of his hedge , pale , or otherwise , and present the same .

Note that all the vacant and waste land within the Mannor , belongeth to the Lord of the Mannor .

30 You shall also enquire , whether any person hath Whether any have removed any marks . plowed up , or removed away any Mere marks , baulks , or limits between one piece of Land and another , and present it .

31 Also you shall enquire if any have stalked with a bush or beast to kill Deere which is in the Lords Close Whether any have stalked with bush or beast . or Parke , and present it .

32 You shall also enquire if any person hath , concealeth , Whether any have or do keep away any Evidences . or keepeth away any Evidences , Charters ; or Court Rolls , Customary terres , or any other evidence which concerns the Lordship , or any parcel thereof , and present it .

33 Also you shall enquire if any person have fished , Whether any have fished , fowled , &c. Whether any have taken any Feasants , &c. fowled , hawked or hunted in this Lordship , or Lords Warren , and present it .

34 You shall enquire also if any person have taken any Feasant , Partridges with net , snare , or other Engine upon the Free-Hold of the Lord of this Mannor , and present it .

35 Also you shall enquire if any have taken away Swans , or swans eggs . any Swans , Signets , or eggs of the Lords Swans out of their nests , and present it .

36 You shall likewise enquire if any lands of the Concealed land . Lord be concealed or kept back , or occupied by any without the license of the Lord : Also what land it is , and how much land hath been so occupied , and of what value by the yeare the same is . and present it .

37 Also you shall enquire if any Trespasse be done Trespass in the corne , grass , &c. in any of the Lords liberty , viz. in his Corne , Grasse , Meadows , Pasture , Woods , Hedges , Waters , or Pounds ; or if any take Hawks , or ayre of Hawks , or such like trespasse , and present them .

38 You also shall enquire if any Land be inclosed , For inclosing in several grounds without the L. licence , &c. and the same kept in severalty , which ought to lye open , without licence of the Lord and other Free-holders , you shall present it ; for no Tenant of the Lordship shall loose the Common in the same .

39 Also if any Copyholder let his Copyhold Land for longer time then a yeare and a day , without licence , A Copyholder may not let longer then a yeare and a day . except it be by Custome that he may let for longer time , and if he do , it is forfeiture , and present the same .

40 You shall also enquire whether any Tenant for Granting greater estates . yeares or life , have granted any greater or larger estate then they had in their Lands or Tenements , and present it , for that is a forfeiture of their estate .

41. Likewise you shall enquire if the Bayliff , Headborough , Whether the , Baylifs , &c. do execute their office . Whether the defaults & plaints be amended . Constable , and Hayward , and all other Officers have well and truly executed their offices , and present it .

42. You shall likewise enquire whether all the defaults and plaints that were prosecuted at the last Court be sufficiently amended , and whether all the orders and Lawes heretofore made be observed and kept , and present it .

43. To conclude , you shall enquire of all other Conclusion . things by me omitted , which you know to appertain to your charge ; and by the Oaths that you have taken , you shall truly and diligently enquire of all the premisses , and plainly without concealing of any fault , and make a return of your presentment , subscribed with your hands , and sealed with your seals , by three a clock in the afternoon .

Then command the Bayliffe to make proclamation , O yes , and adjourn the Court till after dinner , in this manner .

Adjournment . All manner of persons that have any more to do at this Court , may for this time depart , and keepe their hour here at two of the clock in the afternoon .

After your return from Dinner , if any surrenders or admittances be to be made , or Actions to be tried , let them be done : Otherwise call the Jury for their presentments , if they be ready , and swear two affeerers to affer them as before at the Leet . Then discharge the Court , the Bayliffe making an O yes , thus .

The discharge of the Court. All manner of persons that have any more to do at this Court holden here this day , let them come forth and they shall be heard , otherwise they & every one else may for this time depart , and keep their day here upon a new warning . And so God save the Lord Protector , and the Lord of this Mannor .

Some select cases out of the new Reports , and others , concerning the Lord , Copyholder , and Copyholds , Surrenders , Forfeitures , &c.
First , of the Lord .

HEe that is a Lord to grant and allow a Copyhold , must be such a one as by Littletons definition , is seised of a Mannor , so that he must be in possession at the time of the grant ; for though he have good right and title , yet if he be not in possession of the Mannor , it will not serve . And on the other side , if he be in possession of the Mannor , though he have neither right nor title thereunto , yet in many cases the grant and allowance of such a Copy is good , as he is Dominus de facto sed non de jure . Calthrop 48.

A Copyhold granted by a Disseisor , may be avoyded by the Disseisee . A Copyhold granted by a Disseisor , or any other who hath the Mannor of which it is parcell by wrong , shall be avoyded by the Disseisee , or any other who hath right to the Mannor by his entry or recovery of the Mannor . Pophams Rep. fo . 71. Yet it was agreed , that admittance upon surrenders of Copyholders in fee , to the use of another ; or if an heire in case of a dissent of a Copyhold were good , being made by a Disseisor of a But admittance upon surrenders , &c. good . Owen . Rep. fol. 115. Trin. 1 Iet . rot. 853. Mannor , or any other who hath it by Tort , because these are acts of necessity , and for the benefit of a stranger , viz. of him who is to have the Land by the surrender , or of the heire : And also Grants made by Copy by the Feoffee , upon Condition of a Mannor , before the Condition broken , are good , because he was lawfully Dominus protempore . ibid.

None can passe it larger estate then he hath . If a Lord grant a Copy in Fee , having but an estate for life in the Copyhold , no larger estate shall passe then he himselfe hath , Quia nemo potest plus juris in altenum transferre , quam ipse habet . Co. of Copy-holds . fol. 96.

If the Lord of a Mannor taketh a Wife , and after Copyhold estates not to be avoyded for dower . maketh Copyhold estates , according to the Custome , and dyeth , though the Feme hath this Mannor assigned unto her for her Dower , yet cannot she avoyd the Copyhold estates , because the Copyholders are in by a title paramount , the title of the Feme , viz. by Custome . Co. of Copyholds , 45.

Secondly , of the Copy-holder .

HE is Tenant by copy of Court-roll , being admitted of Lands or Tenements within a Mannor , that time out of minde by use and custome of the said Mannor have been demiseable and demised to such as will take the same in Fee , in Fee-taile , for life , yeares , or at will , according to the custome of the said Mannor by Copy of Court roll of the same Mannor . West . part 1. Sym. lib. 2. sect. 646.

What person is sufficient to be a Copyholder . Eliz. Dyer . 301. And that person is sufficient to be a Copyholder who is of himselfe able , or by another to do the service of a Copyholder ; as an Infant may be a Copyholder for his Guardian , and prochein amy may doe the service ; But a Lunatick , or Idiot cannot be a Copyholder , because they cannot do the service themselves , nor depute any other : and the Lord shall retain the Copyhold of an Ideot . Carthrop fo. 52. Nor a man cannot be a Copy-holder unto a Mannor whereof he himselfe is Lord , although he be but Dominus pro termino annorum , or in jure Vxoris . ibidem .

What interest a Copyholder hath in his estate . Let us enquire what interest Copyholders have in their estates , and that will appeare to be very strenuous ; for although Customary Tenants are termed in Law Tenants at will , yet are they not simply so , nor meerly Tenants at will , for every Copyholder is but only Tenant at will , secundum consuetudinem Manerii , which custome warrants his possession , and therefore it is a more certaine estate then an estate at will , for the Copyholder may justifie against his Lord , so cannot a Tenant at will , whose estate is determined at the will and pleasure of his Lessor : And although his estate is but by custome , and by no conveyance the state is raised , it is as materiall , so as it be an estate : and this estate being supported by custome is known in Law an estate , and so attainted in Law ; and the same Law hath notably distinguished Copyhold Tenancies by custome , and Tenancies at will by the Common Law ; for a Copyholder shall do fealty , shall have ayde of his Lord in an Action of Trespasse , shall have and maintaine an Action of Trespasse against his Lord , his Wife shall be endowed , the Husband shall be Tenant by the Courtesie without new admittance : And it was adjudged in the Common Pleas , 8 Eliz. 8 Eliz. That if a Copyholder surrender to the use of another for yeares , the Lessee dieth , his Executors shall have the residue of the terme without any admittance . Mic. 14 and 15 Eliz. A Copyholder made a Lease for yeares by Indenture warranted by the custome , it was adjudged that the Lessee should maintain Ejectione firmae , although it was objected , that if it were so , then if the Leonards rep. first part . fo. 8. Mich. 25. & 26 Eliz. Plaintiff doth recover he shall have Habere facias possessionem , and then Copyholds should be ordered by the Lawes of the Land , 10 Eliz. Lord and Copyholder for life , the Lord grants a Rent-charge out of the Mannor , whereof the Copyhold is parcell , the Copy-holder surrenders to the use of A. who is admitted accordingly , he shall not hold it charged ; but if the Copyholder dyeth , so that his estate is determined , and the Lord granteth to a stranger de Novo , to hold the said lands by Copy , this new Tenant shall hold the Land charged . Leonards rep. first part . fo. 8. Mich. 25. & 26 Eliz.

Copyholder and Tenant at will . Tenant by Copy of Court Roll , hath an Inheritance by the custome ; but when he doth that which is contrary to the Custome , he shall be then in no better condition then a bare Tenant at will , Bolstrod . 1 part . fo 51. so that performing the duties and services according to Bolstrod . first part . fo. 51. the Custome , doth so establish and fixe the estate , that the same by the Custome of the Mannor is descendable , and his heires shall inherit the same ; and therefore his estate is not meerly ( as I have said before ) ad voluntatem Domini , but ad voluntatem Domini secundum consuetudinem Manerii , so that the custome of the Mannor is the soule and life , and also the chiefe basis upon which stands the whole fabrick of Copy-hold estates ; for without custome , or if they break their custome , they are subject to the Lords will . And by custome a Copyholder is as well inheritable to have his land according to the Custome as he who hath a Free-hold at the Common Law , for consuetudo est altera lex , custome and usage time out of minde , &c. may create and consolidate Inheritances , Consuetudo vincit legem , 7 E. 4. Danby chiefe Justice said , that a Copyholder is 7 E. 4. aswell inheritable to have his Land according to the Custome , as he who hath Free-hold at the Common Law . Co. 4. 21.

Tenant may have an action of Trespass against the Lord . Husband to a woman Copy-holder shall not be tenant by the Curtesie without speciall custome . The heire of a Copyholder not bound to come to any Court during his nonage . If Tenant by custome paying his services be ejected by his Lord , he may have an action of Trespasse . 21 E. 4. 80. Co. 4. 22.

If a woman Copyholder in Fee have a Husband , who hath Issue , and the Wife dyeth , the Husband shall not be Tenant by the Courtesie without speciall custome . Co 4. 22.

If a Copyholder dye , his heire within age , the heire is not obliged to come to any Court during his non-age to pray admittance , or to tender his Fine . Also if the death of the Ancestor be not presented , nor Proclamation , he is not at any detriment , although he be of full age . Leonards rep. first part . fol. 128. Pasch. 30 Eliz. B. R.

Whether or no a Copyholder may lop trees . Brownloes Rep. first part fol. 231. Swain and Becket , a question was , that whereas there is a Mannor wherein are Copyholders for life , who used to lop Trees , growing upon the Copyholds , for their necessary fire , and repaire of their customary Tenements ; the Lord of the Mannor maketh a Lease of the Mannor for yeares , excepting the Trees : The Lessee of the Mannor granteth a Copy for life , the Copyholder loppeth his trees growing in his Copyhold , whether or no he might doe it by Law was the doubt of the Iury. And it was held by all the Court . Hill. 6 Jac. that the Copyholder might lop the Trees , because he is in by the custome which is above the Lords estate after he is admitted , and that the Copyhold depends not upon the Lords interest : And that the trees excepted , and the soyle remained parcel of the Mannor because the Lease was but for yeares : but if the Lease had been for life , it had been otherwise , because it had been severed from the Mannor .

Copyholder for life cannot claim custome to cut downe and sell trees . But note , that in Justice Crooks Rep. first part . fol. 160. That a Copyholder for life may cut downe and sell Timber trees , and dispose of them at his pleasure , is a voyd and unreasonable custome , and not allowable by Law ; for it is a destruction of the Inheritance , and against the nature of a Copyholder for life . For a Copyholder hath but a particular estate in the Land , and so he hath in the Trees : And it is unreasonable , that he should cut downe , sell , and destroy the Inheritance , and it would be to the great prejudice of those who succeeded , for they should not have to maintain the house and the plough . And it is against the nature of the estate of a Copyholder , that he should do Acts in destruction of his estate ; therefore customs which maintaine them are allowable , but not è converso . Vide 24 E. 3. Barr. 77. 21 H. 7. 40. 11 H. 7. 14. 9 H. 4. Wast . 59.

No tenant by the Curtesie nor Dower shall be of Copyhold lands . Leonard rep. 1 part. 126. If a Copyholder of inheritance grant his Copy-hold to one and his heires , this shall descend , and no Tenant by the Courtesie , nor yet Dower shall be thereof , without a speciall custome for the same . Bolstrod . second part , fo. 275. Mich. 12 Jac.

If I give all my Lands , Tenements , and Hereditaments in D. my Copyholds do not passe , Leonard Rep. first part , 126.

An estate tayle cannot be of Copyhold lands without use . Crook . 1 part . fo. 31. & 32. Poph. fol. 38. An estate tayle cannot be of Copyhold Lands , unlesse it be in case where it hath been used , for the Statute De donis conditionalibus shall not enure to such customary Lands , but to Lands which are at Common Law , and therefore an estate tayle cannot be of these customary Lands , but in case where it hath beene used time out of minde . Popham . fol. 34. And it was holden afterwards , that an estate tayle is wrought out of Copyhold Land by the equity of the Statute De donis conditionalibus , for otherwise it cannot be that there can be any estate taile of Copy-hold land , for by usage it cannot be maintained , because that no estate tayle was known in Law before this Statute , but all were Fee-simple , and after this Statute it cannot be by usage , because this is within the time of limitation , after which an usage cannot make a prescription , as appeareth , 22 and 23 Eliz. in Dyer . And by 8 Eliz. a custome cannot be made after Westminst. 2d . And what estates are of Copyhold land , appeareth expresly by Littleton in his Chap. of Tenant by Copyhold , &c. And in Brook , tit . Tenant by Copyhold , &c. 15 H. 8. In both which it appears that a Plaint lyeth in Copyhold land in the nature of a Formedon in the Discender at the Common Law , and this could not be before the Statute De donis conditionalibus for such land , because that before that Statute there was not any Formedon in the Discender at Common Law , and therefore the Statute helps them for their remedy for intayled Land , which is but customary by equity . And if the Action shall be given by equity for thy land , why shall not the Statute by the same equity worke to make an estate in tayle also of this nature of the land ? Poph. ibidem . And Copyholds are now become by usage by such estates , that Law allows them to be good against the Lords themselves , they performing their customes and services , and therefore are guided by the guides and rules of the Common Law , Dyer Trin. 12 Eliz. And to say , that estates of Copyhold land are not warranted but by custome , and every custome lyes in usage ; and without usage a custome cannot be , is true , but in the usage of the greater , the lesser is alwayes implyed , Omne majus in se continet minus : As by usage three lives have been granted by Copy of Court Roll , but never within memory two or one alone , yet the grant of one or two lives onely is warrantable by this custome ; for the use of the greater number of lives warrants the lesser number , but not è converso

If the Copyholder by his letter of Attorney appoint A Copyholder may assigne one to essoyn for him , but not to do his service . the son of his Farmer his Attorney , to do the services for him due for his Copyhold : Such a person so constituted and appointed may Essoyne for the Copyholder , but not do the services for him , for none can do the same , but the Tenant himself . Leonard , first part . fo. 139.

Copyhold land is not extendable upon a Statute-Staple , Copyhold not extendible by Stat. Stap. but it is upon the Stat. of Bankrupts , not lyable to any charge of the Lord , &c. but upon the Statute of Bankrupts it is extendable , Brownlows first part , 34. As long as a Copyhold of Inheritance is in the Tenants hands , it is not lyable to any estate or charge of the Lord , as Dower , Curtesie , Elegit , Statute , &c. But when it is in the Lords hands it is liable . Co. 4. 22. But a custome in this case may make it chargeable . Calthr . 88 , 89. 92 , 93.

We will now declare something of Surrenders .

Of Surrenders , what are good , and what not .

Upon a surrender action lies not against the Lord for refusing admittance . LOrd and Tenant , Copyholder by Surrender , or by nomination by force of a Custome precedent , desires his Lord at his Court to admit him to the Copyhold estate , and offers him his Fine , the Lord refuses , he cannot take the profits before admittance , here is damnum & injuria , whether for refuall he may have an action of the Case or not ? And it was resolved , Pasch. 13 Jac. P. R. That an Action of the Case lies not against the Lord for his refusall to admit him , without a speciall custome , or prescription for the same , Omnis innovatio plus novitate perturbat quam utilitate prodest ; for if upon every such refusall an Action shall be brought , this will introduce many inconveniencies . C. 4. 22. in Brownes case . But note that in all cases of Ministeriall offices , if they refuse to In ministeriall offices action lies against him that will not do his office , but not so in cases of trust . do their offices , Actions upon the case shall well lye against them , as against the Clarke of the Inrollments , if he refuseth to inroll a Deed , an Action upon the case lyeth against him for this , but it shall not be so in cases of trusts , Bolstrod . second part , fol. 337 , 338. Foords case . Hill. 12 Jac.

If a Surrender be to the Lord generally , without saying A surrender to the Lord good . A surrender to the use of another , &c. In a surrender it matters not if the party to whom it is be precisely expressed , &c. to whose use , it is good enough . Kitch. 81.

If the Copyholder surrender to the use of another , and the Lord grant it to the Cestuy que use , not naming the surrender ; this is good enough by Calthr . fo 99.

In a surrender it matters not , if the party to whom it is , be precisely expressed , if by any circumstance he may be known : And therefore to surrender to the Major of Yorke , next of his kin , or next of his blood , his Brother , Sister , or his sonne , may be good , and it may be made certaine by averment . So if it be to a mans Wife without warning of her , or the High Sheriffe of Yorkeshire ; But a surrender to the use of ones Cousin or Friend , is voyd for incertainty , so it is if it be to the use of A. B. or C. Coo. 4. 29. of Copy-hold 96.

If a surrender be made to the Lord in generall , without Surrender to the Lord , &c. expressing to what use , it shall be taken to the Lords use Kitch. 81.

If a Copyhold be surrendred to the use of A. B. and Surrender to A. B. until be marry C. D. &c. Surrender to the use of a stranger , &c. his heires , till he marry C. D. and then to the use of them two in speciall tayle ; this is valid , and shall enure accordingly , Calth . fo. 22.

If a Copyholder surrender to the use of a Stranger , in consideration that the stranger shall marry his daughter before such a day ; In this case if the marriage succeeds not , the stranger shall take nothing by the surrender . But if the consideration be , that the stranger shall pay such a summe of money , at such a day , although the money be not paid , yet the surrender is valid . Calth . fo. 37.

If the Copyholder surrender his land to the use of A. Surrender to A. B's use , if he pay 20 l. at a day , &c. Surrender to the Lord to the use of I. S. paying 100 l. &c. B. so that A. B. pay 20 l. at such a day if he please ; this is an absolute , not a conditionall surrender . Calth . fol. 39.

If a Copyholder surrender his Coyphold of Inheritance into the hands of the Lord , to the use of I. S. paying one hundred pounds to his Executors within such a time after his death , he to whose use this surrender is made , takes by force of this presently . Bolstr . 2d . part . fo. 275. Mich. Jac. 12.

If a Copyholder surrender to the use of one for life , Surrender to the use of one for life , &c. who is admitted and dyeth , he in the Reversion may enter without a new admittance . Leonard . first part . Rep. 144.

Copyhold may be extinguished without an actual surrender . If a Copyholder bargain and sell his Copyhold to the Lord of the Mannor , which hath the Mannor in lease for yeares , the Copyhold estate is thereby extinguished : And if a Copyholder come into Court , and sayes that he is weary of his Copyhold , and requests the Lord to take it , this is a surrender ; for between the Lord and the Tenant , a conveyance shall not need to be according to the custome , for the Copyholder hath no other use of the Custome , but onely to convey the Land to another . Vide Co. 4. in his Copyhold cases , that a Release by him who hath right to a Copy-hold , to one who is admitted Copyholder , extinguisheth the right of the Copyhold by Deed : And if a Copyholder release to the Lord , that extinguisheth the Copyhold , although it be contrary to the nature of a Huttons Rep. fo. 65. Blemerhassets case . release to give a possession . Huttons Rep. fo. 65. Blemerhassets case .

Leonard . first part. 133. If the Copyholder surrender to the use of his right heires , the Land shall remaine in the Lord untill the death of the Copyholder , for then his heire is known , &c. See Dyer . 99. Leonards first part . rep. 133.

Leonard . first part. 124. If a man seised of Copyhold land in the right of his Wife , or Tenant in taile of a Copyhold doth surrender to the use of another in Fee , the same doth not make any discontinuauce , but that the issue in tayle , and the Wife may respectively enter , Leonards first Rep. fo. 124.

Poph. fol. 39. An Insant who surrenders his Copyhold land within age , may enter at his full age , without being put to any suit for it . Poph. Rep. fol. 39.

It was resolved by all the Barons of the Exchequer , Pasch. 4. Iac. That if a Copyholder surrender to the use of a younger sonne , and dyes , that this younger sonne cannot bring an Action till admittance ; but if the Copyhold be discended to the heire , he may have an Action before admittance . See Co. 4. fol. 22. Copyhold cases , it was likewise said , That all Copyholders of the KINGS Mannors may now have admittance into their Copyhold estates well enough , and the order for the stay of their admittances , which was made heretofore is now dissolved and quashed . Lanes Rep. fol. 20. Lanes Rep. 20.

A surrenderer of a Copyhold cannot surrender before admittance . A Copyholder surrendred out of Court according to the Custome of the Mannor , which at the next Court was presented , and entry thereof made by the Steward , viz. Compertum est homagium , &c. but no admittance ; and afterwards Cestuy que use surrenders before admittance , and the first Copyholder surrenders to the Plaintiffe ; and in this case there was two questions .

First , whether he may surrender before admittance ?

Poph. fo. 128. No surrender by an Attorney without deed , but an admittance may be . The second was , who shall have the land ? whether the Copyholder or the Lord ? and it was held that he could not surrender before admittance , and the entry of the surrender doth not make admittance , for this being the sole act of the Steward shall not binde the Lord ; and it is not like to the usuall forme of an admittance , viz. Dat domino de Fine fecit fidelitatem & admissus est inde tenens , and it was agreed to , and said that in Hare and Bricklegs Case , the admittance of a Copyholder was compared to the induction to a Benefice which gives the possession , Poph. fol. 128.

A Copyhold cannot be surrendred to another by an Attorney without Deed , but one may be admitted to a Copyhold estate by Attorney without a Deed. For there is a difference betwixt the passing of an estate and the receiving of an estate passed . Prac. Regist. tit. Surrender 2. Apr. 1650. B. R.

What shall be said a reasonable Fine for a Copyholder to pay upon his admittance .

HIl . 5 Car. Rot. 125. Dow and others against Golding in trespasse upon a Demurrer , and the question was , whether the Lord of a Mannor may assesse two years and a half value of land according to racked Rent for a Fine upon grant of a Copyhold , and for non-payment entry for forfeiture ? And all the Court conceived , that one yeare and a halfe of Rent improved is high enough ; and the Desendant assessing two yeares and a halfe , it is unreasonable , and therefore Crook , first part . fo. 142. the Plaintiffe might well refuse the payment thereof , and consequently the entry of the Defendant for a forfeiture not justifiable . Crook 1 part . fol. 142.

What shall make a Forfeiture of Copyhold estates , and what not .

WEe now descend to Forfeitures of Copyhold estates , both what shall be , and what shall not be forfeited .

First , In a Forfeiture of a Copyhold estate , by making of a Lease of his Copyhold land contrary to the custome , there ought to be very direct and certaine proof made , of a certaine Lease , with a certaine beginning and ending of it , and likewise of any other thing supposed to be acted and done by a Copy-holder , and contrary to the custome of the Mannor , thereby to make a forfeiture of his Copyhold estate , it must also appeare certaine to the Court ; for if a stranger shall come and make oath to this purpose , it shall not be of any force or effect to prove a forfeiture , especially if the Copyholder still continue in possession , and so dyes seised of his Copyhold estate , and never came in question till after his death . And 28 H. 8. Dyer . fo. 24. pl. 151. Plow . fo 273. b. in Say & Fullers case , & 14 H. 8. fo. 14. b. & Coo. 6. 35. Bolstrod . first part . so. 50. if such a presentment shall be allowed in the Lords Court upon an oath made by a stranger , as to make a Copyhold estate , every Copyholder might be in danger to lose his Copyhold estate . Or if a Copy-holder did promise to make a Lease , and it is not proved in facto , that he did make the same , this is no forfeiture of his Copyhold estate . Or if a Copy-holder do make a lease of his Copyhold land , and so a forfeiture being contrary to the custome of the Mannor , if after this he continues still in possession , and the Lord of the Mannor dyes , and afterwards his Widow , or he who hath the Mannor , doth receive Rent from the Copyholder , he shall never , after acceptance of Rent , take any benefit or advantage of the forfeiture . Bolstrod . first part . fo. 50.

If a Lessee for life build a house upon his land , and A forfeiture to build and pull down again . No good custom to pull downe houses , or cut down trees , &c. afterwards pulls it downe again , this is a forfeiture of the Copyhold , ibid fol. 50.

If a custome be that a Copyholder may pull downe houses , such a custome is not good , if the custome be for a Copyholder to cut downe trees , in this for the warranting of such a custom , the difference will be this , if he be a Copyholder of inheritance , then such a custome to cut down trees for such a Copyholder will be a good custome ; but otherwise it is if he be a Copyholder Bolstrod . first part . fo. 51. & 52. for life , there such custome is not good . Ibid. fol. 51. If a Copyholder erect a house , and pull it down again , it is a cleare forfeiture of his Copyhold estate . Ibidem 52.

A Copyholder by the common law , without special custome , cannot make a Lease for one yeare , but it is a forfeiture . By the Law of the Land every Copyholder may make a Lease for a yeare without forfeiture : Yet admit it be a forfeiture , if the Lord take a surrender , and enters not for the forfeiture , but makes a Lease for yeares , his Lessee shall not enter for the forfeiture , for the Lessee cannot when the Lord allows thereof . Yet to the Lease for one yeare it was answered , That he must have a speciall custome , or else it is not good , unlesse it be for a tryall of a Title , which hath been allowed , because it is for reducing a Rite , and for the Lords benefit . And to the second it was said , that admitting it is a forfieture , yet the Lords acceptance of the surrender , not knowing of the forfeiture , is no dispensation therewith , and consequently that the Lords Lessee hath a good estate and right in him , for which his entry is lawfull , this was approved good by the Court , and the first part over-ruled . Crook Crook . first rep. fo. 169. Rep. fo. 169.

A COPYHOLDER made a Lease for one A lease for one year by a Copy-holder , &c. a forfeiture . yeare , Et sic de anno in annum , during the life of the Copyholder ( excepting one day at the end of every year for the Copyholder to enter , and this onely for to avoid a forfeiture ) but it was cleerly resolved , Mic. 8. Jac. B. R. rot 602. that this is Bolstrod rep. first part . f. 215. a forefeiture of his Copyhold estate ; for if a Lease be made de anno in annum this must of necessity be a Lease for twenty and two years , and so is Potkins case in 14. H. 8. fo 14. As to the reservation of one day , at the end of every year to make his lease but for one year , and so to be warrantable by the custome , it Lutterels case , Mich. 8 Jac. B. R. rot. 602. will nothing avail him , though he had excepted a moneth at the end of every year it would have been to no purpose , for by this invention he hath a purpose to cheat and deceive his Lord , but he is deceived himself Bolstrod . 1. part , fo. 215. Iutterels case Mic 8. Jac. B. R. rot. 602.

Hetleyes rep. fo. 122. If a Copyholder make a Lease for years , to comence at Michaelmas ; it is a forfeiture presently , Hetleys rep. fo. 122.

A Copyholder may inclose where it hath been formerly inclosed ; and may digg Ma●l , but it must be laid upon the some land . Winches rep. fo. 8 The heir may take the profits before admittance , and make a lease , &c. Poph. rep. fo. 39 A Copyholder may hedge and inclose , but not where it was never inclosed before , and he may dig for marl without any danger of forfeiture , but he ought to lay the said marl upon the same Copyhold land , and not upon other Land , Easter , 19. Jac. Winch. rep. fo. 8. But if land be digged to make a banck , and if more be digged then is necessary it is wast , and if it be not cast down for the land might be made barren , 41. E. 3. Wast. 82.

The heir before admittance may enter and take the profits , and make a Lease according to the custome , or bring an action of treaspase against him who disturbes him ? But if the Lord require his Fine or his services , and the heir refuse to do them , this may be a forfeiture of his Copyhold ; But until lawful seisin made by the Lord ( because it belongeth to him ) the heir may intermeddle with the possession , though he be not admited by the Lord where it is an Estate of inhetance by the custome , Pophams rep. fo. 39.

To refuse to pay a Fine certain , is a forfeiture . Or refuse to appear at his Lords Court . It is a forfeiture of a Copyhold , for the Copyholder to refuse to pay his Fine , if it be a Fine certain ; but if he refuse to pay a Fine incertain , after it is set , quaere whether it be a forfeiture or not , for that Fine may be unreasonable , See before forfit . Or if he refuse to appear at his Lords Court , and to do his service there Prac. Regist. tit. fo. forfit . Trin. 24. Car. R. B. yet if the Copyholders dwell in a Town far distant from the Mannor , a general warning within the Mannor is not sufficient , but there ought to be to the person notice of the day when the Court shall be holden , &c. For his not coming in such case Some excusive reasons why he may not appear at the Lords Court . cannot be called a voluntary refusal : so if a man be of that debility in body , as he cannot travel without danger , so if he have a great office , &c. these are good and strenuous causes of excuse : It was likewise holden , that if a Copyholder makes default at the Court , and be there amerced , although that the amerciament be not estreated , or levyed , yet A general warning of the Court within the parish is sufficient . Leonards first part fo. 133. Hetleys rep. fo. 7. it is a dispensation of the forfeiture . But note that a general warning within the parish is sufficient , for if the tenant himself be not resident upon his Copy-hold but elsewhere , his Farmer may send notice to him of the Court , Leonards rep. first part fo. 133. And note further by Hetly in his rep. fo. 7. Pasc. 3 Car. C. B. that if a Copyholder be summoned to the Court , by Common Proclamation , or expresse notice , and he does not appear , it is no forfeiture , because it is but a failer of service , and no denyal , and for the neglect he may be punished and fined .

One seised in the right of his wife , surrenders it , and dyes , no discontinuance to the wife . Co. rep. 4. 23 If a man seised of Copyhold land in the right of his wife , surrendreth the same to the use of another , and the Husband dyeth , it is no discontinuance to the Wife ; but that the Wife may enter , and shall not be put to a Cui in vita , nor the heir to sue a Cui in vita . Coo. 4. 23. And if a Copyholder for Life surrendreth to the use of another in Fee , it is no forfeiture , for it passeth by surrender to the Lord , and not by Livery , and Copyhold Estates shall not have such qualities as Estates at Common Law have without special custome . Ibidem .

Of the Office and Dutie of the Steward .

Co. super lit . fo. 61. a. b. STeward , in the Latine is called Seneschallas , and is derived from the French word Sein a house or place , and Schale , an Officer or Governour , some say that Sen is an ancient word for Justice , so as Seneschal , should signifie officiarius justiciae . As to the word Steward , it seemeth to be compounded of Stew and Ward , and is a word of many applications : yet alwaies signifieth an Officer of chief account within the place of his sway . In this place it signifieth an officer of Justice , viz. a keeper of Courts , &c. therefore for the prevention of many inconveniencies , it would be no disadvantage to Lords to elect and constitute such as are exercised in the studies of the Provincial Lawes of this Commonwealth , and the customes of Mannors . Fleta lib. 2. cap. 26. describes the office Fleta . lib. 2. cap. 26. of a Steward , and councelleth Lords of Mannors and Liberties to provide ( or elect ) their Stewards in these words ; Provideat sibi Dominus de seneschallo circumspecto , & fideli , viro provido , & discreto & gratioso ; humili , pudico , pacifico & modesto qui in legibus consuetudinibusque provinciae & officio seneschalliae se cognoscat , & jura Domini sui in omnibus teneri affectet , &c. cujus officium est curias tenere Maneriorum & de substractationibus consuetudinum , servitiorum , reddituum , sectarum ad curiam , mercata , molendina domini , & advisus Franci-plegiorum aliarumque libertatum Domino pertinentium inquirat , &c. By which description it is observed that he ought to have a double qualification , viz.

1. In Moralibus . 2. In Judicialibus .

1. In moralibus , he must be qualified with these properties , viz. Circumspection , fidelity , providence , discretion , &c. which may be reduced to two general heads , to wit , ( verity and Industry . )

2. In Judicialibus , and therein he must be attended by the property of Knowledge , as to be expert in the lawes of the Countrey , and the customes of the Mannor , and have ability to instruct and direct the Bayliffs , and other ministers in dubious things .

How he may be retained . Let us now descend to demonstrate his retainer into office , &c.

Co. rep. 4. 30. Dyer . 8. Eliz. 248. A Lord of a Mannor may by parol retain one to be Steward of his Mannor , and to hold the Courts thereof , as well as a Bayliff may be , and that by word , and this retainer shall be as effectual in all points before discharge , as the most effectual institution by Patent ; yet most commonly they have patents for their offices . Co. 4. 30. and therewith accorderh 8 Eliz Dyer 248. Likewise it was adjudged in the common pleas in the Lady Julian Holcrofts case , that whereas one was generally retained by the Lord of a Mannor by parol to be Steward of a Mannor , and to keep his Courts , that such Steward may take surrender of customary tenants out of the Court or make voluntary admittances or any other act incident to the office of a Steward , for till such Steward be discharged , he is Steward of the Mannor , as well by the retainer by word , as if he had a grant thereof by Patent Leon. fo. 309. Leonards first part fo. 309.

Co. 4. of Copy-holds , fo. 143. He represents the person of the Lord in many things , for in the absence of the Lord he sitteth in Court as Judge to punish offences , to determine controversies , redresse injuries , &c. he acts some things in the Lords name and not in his own name ; for if the Steward admit any Copyholder , or by special Authority or particular custome , licence a Copyholder to Alien , this admittance and licence shall be made in the Lords name , and the entery in the Roll shall be Quod dominus per senescallum admisis , & licentiavit , &c. Co. of Copyholds fo. 143.

Carthrop . sc. 47. He must take care to Record and Enrol all the Conveyances of estates ; for it hath behn holden by some , That if the Lord in open Court grant a Copyhold estate , and no entry is made thereof in the Court Rolls that the grant is inavlid , and that no collateral will make it valid . Carthrop . fo . 47. But if the tenant have no Copy , or lose his Copy , the roll of the Court is a good evidence , And if the wills be lost , it is thought cleerly it may be supplyed by proof , ibidem .

2 H. 4. 24. At every Court he is to swear some of the Tenants ( which is called the Homage ) these he chargeth with the Articles before mentioned , and upon them they do present ; and upon this presentment , the Steward is to proceed as upon the presentment in a Leet , save onely that ( as it is said ) the Lord cannot bring an action of debt , but is onely to distraine for the amerciament in this Court , 2 H. 4. 24. For by the Common Leonards first part fo. 299. Law he hath no authority to assesse amerciaments or Fines in a Court-Baron , but the suitors , for they are the Judges and not the Steward . Leonards rep. first part 299.

How he may forfeit his office . If the Steward take a bribe , or use partiallity in any case depending before him , ( of which crime many are too culpable ) or if by his Patent he be obliged to keep Court at certain times of the year , and failes thereof , the Lord receiving prejudice thereby , ( not otherwise ) or if he be by his Patent obliged to keep Court upon demand or request to be made by the Lord , Co. 4. rep. of Copyholds , fo. 146 . &c. and upon request and demand by the Lord he refuseth ; these and the like cases will make him subject to a forfeiture , Co. of Copyholds , fo. 146. &c.

Of the Fees of the Court-Baron .

AS for the Fees of this Court they much differ , and are by Law what they have been by custome ; time out of minde . For some take the same Fees as are taken in the County court . And other Courts take the Fees which follow .

TheStewardsFees. FOr entring every Essoyne 00-00-02 Entering every action 00-00-02 Every Order entered 00-00-04 Entering a Declaration , if it be large then more 00 00-04 Every Processe 00 00 04 Entering every plea or answer 00-00 04 Every Continuance 00-00-02 Every wager of Law and entry 00 00-02 Warrants for witnesses and summoning Juries 00-00-04 Every Non-suite and detraxit 00 00-04 Entering the Judgement 00 00-04 Satisfaction acknowledged 00-00 02 For removing and certifying a cause 00-06-08
TheBayliffsFees. FOr every Summons and entrance 00-00-08 For executing every Processe 00-00-04 For every shilling upon Judgment 00-00-01 For summoning the Jury 00-01-00 For summoning of Witnesses upon a Warrant 00 00-04 For every Oath 00 00-02
IftherebeAttorneyes,thentheirFeesare, FOr every cause if it be heard 00-01-00 For drawing the Declaration 00-00-06 For every Court the cause dependeth after he is reteined 00-00-06

See more in the Fees of the County Court .

The Oath of the Bayliff of a Mannor .

YOu shall swear that you shal well and truly serve his Highness the Lord Protector and the Lord of this Monnor for the year to come , in the Office of Bayliff of the same Mannor ; and you shall duly and truly gather , all such rents , revenues , or other yearly profits as shall be extracted out unto you , and therefore you shall make and yield up a true account at the end of the said year , and in every thing you shall well and honesty behave your self in the said office , during the time aforesaid . So help you God , &c.

The Bayliff must be sworn before the Court end .

Mr. Kitchin in his Jurisdiction of Courts , &c. The form and method of Presentments ( which are to be drawn by the Steward ) I shall not trouble you with , being copiously performed by Mr. Wilkinson in his office of Sheriffs , fo. 218 , 219 , 220 , &c. onely take these subsequent for methods sake .

The finding of the death of a Tenant , and of a Surrender made to the use of his Will , with an admission of the Tenant according to the Will .

THe Homage do further present , that A. B. the elder Copyhold tenant of this Mannor , dyed after the last Court , and that he the said A. B. before his death , that is to say , the tenth day of May in the year , &c , did surrender into the hands of the Lord of this Mannor , by the hands of C. D. Copyhold Tenant of the said Mannor , all and singular his Copyhold lands , Tenements and Hereditaments holden of this Mannor , to the behoofe and use of his Testament and last Will . And now at this Court came E. F. the eldest son of the said A. B. and doth bring here into the Court the Testament and last Will of the said A. B. bearing date , &c. before G. H. Deputy Commissary of I. A. in and through the whole Arch Deaconry of W. approved ; the tenor of which said Will as to the Copyhold lands , doth follow in these words , that is to say , Item , I give unto E. my Son , &c. as by the said Testament and last Will of the said A. B. more at large appeareth . And he doth crave of the grace of the Lord to be admitted to all and singular the aforesaid premises , that is to say to two peeces of land Copyhold , lying in the field called R. containing by estimation eight acres , one peece of land , lying next the land called D. on the South part , and the lands , &c. which said two peeces of land , the aforesaid A B. lately had and took up to him and his heires of the Surrender of S. T : and M. his wife , at the general Court with the Leete here holden on Thursday the 18th . day of August in the year , &c. more at large appeareth , to which said E. seisin is delivered to him thereof , to him and his heires , under the Condition and in manner and form as in the said last Will is specified by the Rod , at the will of the Lord , by the service and rent of 2. s. by the year , and suite of Court , saving the right , &c. and he doth give the Lord for a Fine , &c. and doth therefore Fealty , &c.

The finding of the death of a Tenant .

ITem , they say upon their Oathes , that A. B. after the last Court , dyed seised of and in two Roods of land lying in a Pightel called R. holden of this Mannor by Fealty , and the yearly rent of 4d . by the year ; and that E. F. is the Son and next heir of the said A. B. and of full age , who now doth therefore to the Lord Fealty .

Paines found and set upon Tenants for want of suite of Court .

Item , they say upon their Oathes , that I. W. S. and I. I. &c. Copyhold Tenants of this Mannor do owe suite to this Court , and now at this day have made default , and therefore every one of them in mercy , six pence .

The like .

ANd that A. B. and C. D. are Tenants of the Lord of the Mannor by demise , and do owe suite to this Court now at this day , and have made default thereof , therefore either of them are in mercy , as over their heads 3. d.

The like .

ANd that E F. G. H. and I. K. are Free Tenants of this Mannor and owe suit of Court , and now at this day have made default thereof , therefore each of them are in mercy , as over their heads 6. d.

The presentment of a Surrender made out of Court into tenants hands with the admission of the tenant accordingly .

ANd that L. M. the younger , out of the Court , after the last Court did surrender into the hands of the Lord of this Mannor , by the hands of N. O. Copyholder tenant of this Mannor , in the presence of L. M. and P. R. likewise Copyhold tenants of this Mannor , all their Copyhold lands : and tenements holden of this Mannor with the appurtenances , to the behoof and use of S. T. the elder and his heires and assignes : And now came the aforesaid S. T. the elder , and craveth of the grace of the Lord , to be admitted tenant to all and singular the premisses ; that is to say , to one parcel of pasture containing half an acre , be it more or less , with the apurtenances , late parcel of one Customary tenement , and eleven acres of land called C. tenement in C. aforesaid , which the said L. M. did lately take up to him and his heires , after the surrender thereof made by one S. T. at the Court general with the Leet here holden , on Munday next after , &c. more plainly appeareth : And he is admitted Tenant thereunto , and seisin is thereof delivered to him , to hold to him , his heires , and assignes by the Rod , at the will of the Lord according to the custome of Mannor , &c. by the services and customes , &c. and the rent of six pence by three years , saving the right , &c. And doth give to the Lord a Fine , &c. and hath done to him therefore Fealty , &c.

The finding a Surrender made into Tenants hands , to the use of a mans will .

ANd that A. B. Copyhold Tenant of this Mannor , out of Court , after the last Court ; that is to say , the 24th : day of May last past , before the Title of this Court , did surrender into the hands of the Lord of this Mannor , by the hand of C. D. Copyhold Tenant of the same Mannor in the presence of I. A. & S. A. likewise Copyhold Tenants of the said Mannor , all his Copyhold lands and tenements holden of this Mannor , to the behoof and use of his Testament and last Will .

The finding of the death of a Tenant , and of the lands , and that the youngest son is next heir , according to the custome , &c. with his admission .

ANd that W. D. Copyhold tenant of this Mannor dyed after the last Court ; solely seised of and in onetenement inclosed , called L. containing by estimation five acres lying in F. which the said W. late took up to him and his heires , of the Surrender of I. S. as at a Court here holden on Munday , in the morning of St. John the Baptist in the year , &c. appeareth . And of and in five acres of Copyhold land with the appertenances , holden of the same Mannor called B. which &c. And that W. D. his younger son is next heir of the said W. according to the custome of this Mannor ; who now doth come , and craveth of the grace of the Lord to be admitted to the premises with the appurrenances , according to the custome of the Mannor aforesaid , and he is admitted thereto Tenant , to whom seisin is thereof delivered , by the Rod at the will of the Lord , according to the custome of the same Mannor , by the services and customes and rents for five acres , &c. at 4. s. by the year , and for the other said five acres of land at the rent of 5. s. by the year , &c. saving the Right , &c. And he doth give the Lord for a Fine , &c. And doth Fealty to the Lord , &c.

The finding of a Sale made of Freehold lands , with a distress to the Bayliff to distrian for want of taking it up .

ALso they say upon their oathes , that I. A. after the last Court did sell to R. A. one tenement called T. with the Apurtenances , containing by estimation two acres , holden free of this Mannor in Free Soccage by Fealty , and the yearly rent of 3d. by the year , and suit of Court , which said R. A. doth not come , &c. Therefore it is commanded to the Bayliff that he distrain the aforesaid R. A. against the next Court to do Fealty , &c.

The acknowledgment in the Court of a Legacy paid .

ANd that I. B. in full Court , did acknowledge himself to be satisfied and fully paid by N. B. his Brother of his Legacy of ten pounds to the said I. B. by the Testament and last Will of his Father bequeathed , according to the form and effect , and the true intent of the said Testament and last Will of his father .

A presentment of a Surrender made out of Court with the admission of the tenant .

THE Quest of Office do present upon their oathes , that I. S. Copyhold Tenant of this Mannor out of Court , that is to say , the tenth day of May in the year , &c. did surrender into the hands of the Lord of this Mannor by the hands of S. N. Copyhold Tenants of this Mannor , in the presence of I. G. and G. F. likewise Copyhold . Tenants of the said Mannor all his Copyhold lands and tenements with the appurtenances holden of this Mannor to the behoof and use of R. K. and of his heires & assignes for ever , who now came here into Court & craveth of the Grace of Lord to be admitted to all and singular the aforesaid premisses with the appurtenances ; that is to say , to one Messuage decayed , with certain lands in C. containing by estimation four acres , be it more or lesse with the appurtenances , parcel of one Cottage and three acres of Land of the Tenement of H. with the appurtenances , in the same of Skipton , in the Tenement of Maydens late W. K. which the same I. S. lately took up to him , his heires , and assignes at a Court , for the Mannor aforsaid holden , after the surrender thereof made by I C. as at a Court , for the Mannor aforesaid holden on Thursday the 17th . day of May in the year , &c , more plainly appeareth : And he is admitted thereto Tenant , to whom seisin is thereof delivered , to hold to him , his heires and assignes by the Rod at the will of the Lord , according to the custome of the Mannor aforesaid , by the services , &c. and Rent of 2 s , by the year , saving the Right , &c. And he doth give to the Lord for a Fine , &c , and doth do to the Lord Fealty , &c.

A Presentment made in Court of an agreement made between a son and his mother touching her Dower , and the mothers release of her Dower .

AND afterwards in this Court came the said N. B : and E. B. widow , relict of the said R B. and do give here intelligence to the Court , that they are agreed between themselves of and for the Dower of the said E B. in the premises , according to the custome of the Mannor aforesaid , whereupon the said E B. present here in Court doth remise and release into the hands of the Lord aforesaid , all her Dower and title of Dower , and demand , which to her doth belong according to the custome of the Mannor of and in all and singular the Copyhold land and tenements holden of this Mannor , which late were the said R B. sometimes her husband , to the behoof and use of N B. ( in his full and peaceable possession thereof now being ) and of his heires and assignes for ever ; so , that is to say , that the said E B. from henceforth may not require , claim and challenge any Dower , of , in , or to the premises , or any parcel thereof , according to the custome of the said Mannor , but thereof , and of and from all action and demand of such Dower concerning the premises , shall be for ever barred and excluded by this inrolment . And for this remise and release , the said N B. doth give to the said E B. 210 l. of lawful money of England : And he gave to the Lord for a Fine , &c. for the release aforesaid , &c.

A pain set for an incroachment . The Quest of Office do say upon their Oath , that T G. hath incroached with his ditch upon the Common of H. G. towards the milking yard of his Messuage ; therefore he is in mercy as it is over his head .

A pain set for the amending of the same , &c. And it is commanded him to reform the said incroachment on this side the Feast of St. Michael ; the Archangel next coming ; upon pain as over his head .

Also they say that S. A. hath forfeited his pain of The finding of a pain forfeited . 5 s. upon him imposed at the last Court , for that he after the last Court , and after notice to him to the contrary given by the Bayliff of this Mannor , hath suffered his swine to go out and pasture upon the Common pasture of H. against command thereof to him to the contrary given .

A presentment for an offence done , and a charge to the Jury to enquire , and further day given for giving their verdict .

WHereas W. S. and G. B. Lords of the Mannor of R. have lately cut down one Oak lately growing at the West end of a certain Pightel called B. Pightel of the Demesne of this Mannor , in the Copyhold tenure of F. W. and at this Court it was given in charge to be enquired of by the homage , and they to give their verdict of and upon the premises . The same homage do desire day for giving in their verdict until the next Court , for that they are not yet thereof advised , &c. And they have , &c.

I. A. Copyhold Tenant of this Mannor doth desire to be admitted to a Fine for respite of Suite of Court to be done , and he is admitted for 4. d.

A Fine desired for respite of suite to be done .

WHereas at the last Court it was given in charge to the homage to enquire and give their verdict of and concerning the cutting down of one oak lately before then growing at the West end of a certain pightel called B. pightel of the Demesnes of this Mannor in the Copyhold tenure of F. W. by W. S. and G. B. Lords of the Mannor of R. late before that time cut down , and at the said Court day was further given until this Court ; the Jurors of this Inquisition do now say upon their oathes that as well by the testimony of R. A , one of the Tenants of this Mannor to this specialy sworn , as of the certain knowledge The verdict of homage touching their former charge . of some of the homage now sworn , that the aforesaid F. W. and all those whose estate the said F. hath in the aforesaid Copyhold pightel from time to time by the space of sixty years now last past , have quietly and without contradiction cut , taken , carryed away , and enjoyed all the wood from time to time by the space of sixty years , growing on the part of the way , and at the West end of the said pightel ; and that the hedges of the said pightel aforesaid by all the said space were placed and did adjoyn to the said Oak , and that the greater part of the thickness of the Oak did reach it self towards the said way ; and further they say , that there never was any ditch where the Oak aforesaid did grow ; And they further say of the testimony of the said R. A. that the said R. A. in times past , having in his occupation the pightel aforesaid from time to time by diverse years did gather and had the Acrons of the Oak aforesaid without any contradiction . To the Court came I. W. and R. his Wife , and present here in Court in their proper person , and the said R. by the Steward of the said Court , being solely and secretly A Surrender and remise of lands made in Court before the Steward , and the examination of the wife . examined and consenting , did surrender into the hands of the Lord of the same Mannor , and did remise , release , and altogether for them their heires , and assignes , quit claim to the behoof and use of S. N. and his heires , all their right , title , state , use , interest and demand whatsoever , which they ever had , now have , or hereafter may have , or they or either of them may have , according to the custome of the same Mannor of , in , or to seven Acres of land with one Messuage , parcel of the tenement called S. and of , in , and to two acres of Copy-hold land of the Tenement of W. &c. which said premises the said S. lately had and took up , and now holdeth to him and his heires , after Surrender thereof made by I. W. as at the Court there holden on Wednesday the 21. day of March in the year &c. more at large appeareth to the behoof and use of the aforesaid S. N and of his heirs , so , that is to say , that neither the aforesaid I. W. and R. nor either of them , nor their heirs , nor the heirs of either of them , from henceforth may require , claim , or challenge any estate , Right , title , Dower , and demand thereof to be had , from henceforth shall be altogether barred and excluded , and either of them is barred and excluded by this present surrender , release , and quit claim ; and for this surrender , remise and release , the said S. doth give a Fine to the Lord , &c.

A Surrender of Copyhold in Court , with the admission of the tenant accordingly .

TO this Court came A B. gent. Copyhold Tenant of this Mannor and present here in Court did surrender into the hands of the Lord of the same Mannor two acres and a half of land lying in two pieces in C. be it more or less , whereof the first peece doth lye between , &c. and the other peece is accounted for half an acre , and lyeth , &c. which said two acres and a half the said A. B. late in the Court did take up to him , his heires and assignes , after surrender made thereof by I W. as at the Court here holden on Friday the sixteenth day of May in the year , &c. more plainly appeareth , to the behoofe and use of I. W. and R. his wife , and the heires of the said I. W. which said I W. and R. present here in Court , do desire of the grace of the Lord , to be admitted to the aforesaid two acres & half of land ; according to the form and effect of the Surrender aforesaid ; and they are thereunto admitted tenants , to whom seisin thereof is delivered to hold to the said I. W and R. and to the heires of the said I W. of the Lord of the Mannor aforesaid , by the Rod , of the will of the Lord , according to the custome of the Monnor aforesaid , by the services , &c. and the rent of 2 s by the year , saving the Right , &c. and he doth give to the Lord a Fine ; and the said I W. hath done Featly to the Lord , &c.

A surrender , and Lease made in Court , with the examination of the Wife .

AND afterwards at this Court came the aforesaid I. S. and M. his Wife , and present here in Court , and the said M. being solely and secretly examined by the Steward of the same Court , and consenting , did surrender , remise , and release into the hands of the Lord of the Mannor aforesaid , all their right , state , title , possession , Dower , and demand of them the said I. S. and M. of , in , and to all and singular the premisses aforesaid , with the appurtenances to the behoose and use of the said R. K. and his heires and assignes for ever ( in his full and peaceable possession of the premisses now being ) so , that is to say , that neither the said I. S. and M. or either of them , from henceforth shall require , claime , or challenge any right , title , Dower , or demand , of , in , or to the premisses , or any part or parcel thereof ; but of , and from all action , right , title , Dower , or demand thereof to be had for ever , hereafter shall be barred and excluded by this inrollment . And the said I. S. for the said remise and release , doth give to the Lord a fine , &c.

A Surrender of Lands made in Mortgage , upon condition for the payment of money , with the admission of the Mortgagee by her Attorney , and the Fealty respited .

AND immidiatly after the same Court , the aforesaid N. B. present here in Court , did surrender into the hands of the Lord aforesaid , by the hands of his Steward of the same Mannor , one piece of Land containing ( by estimation ) two acres of arable Land , lying between the Lands of the Mannor of R. late of N. B. of the West part , and the lands , &c. together with the wayes and pathes to the same belonging and used , which said piece of Land , R. B. the Father of the said F. whose heire he is , late had to him , his heires and assignes amongst other things , after the Surrender thereof made by W. B. and E. his Wife , as at a generall Court with a Leet there holden on Thursday next after , &c. in the yeare , &c. appeareth to the behoofe and use of F. D. one of the daughters of N. D. Gent. and of the heirs and assignes of the said F. under this forme and condition , that if the said N. B. his heirs , executors , or administrators , or any of them shall pay or cause to be payd to the said F. D. her heires , executors , administrators , or assignes , at the mansion house of the said R. B. in H. in the County of York Gent. the summe of twenty pounds of good , &c. in , or upon the twenty eighth day of October next following , after the title of this Court , that then the said surrender shall be void and of none effect or vertue ; and that then also it shall be lawfull for the said N. B. his heires and assignes to re-enter into the said piece of Land , and the same as in his former estate to have againe , repossesse , and re-enjoy ; the said surrender , or any thing to the contrary notwithstanding ; and upon this the said F. by C. W. her Attorney , in this behalfe is admitted thereto tenant , and Seisin is delivered to the said F. her heires and assignes under the condition aforesaid , and in manner and forme aforesaid , by the Rod at the Will of the Lord , according to the custome of the Mannor aforesaid , by the services , &c. saving the right , &c. And he doth give the Lord for a fine , &c. and Fealty is respited untill , &c.

A Surrender of Lands made presently in Court .

A Surrender made by one to his mother of lands for her life , the reversion to the Son againe and his heires . ANd afterwards sitting in the same Court , the aforesaid F. W. present in Court , did surrender into the hands of the Lord of the same Mannor , in the aforesaid Close , containing by estimation five acres called L. to the behoofe and use of C. W. his Brother , and to the heires and assignes of the said C. to which said C. seisin thereof is delivered , to hold to him his heires and assignes by the Rod , at the will of the Lord according to the Custome of the same Mannor , by the services , &c. saving the right , &c. And he doth give to the Lord for a fine , &c. And doth therefore Fealty to the Lord ; and the same F. W. present here in Court doth surrender into the hands of the Lord , by the hands of the Steward of the same Mannor , the aforesaid seven acres of Land in one Close , now in two parts divided with hedge and dike , to the behoofe and use of I. W. Widdow , his Mother , and of her assignes in form aforesaid , for terme of the natural life of her the said I. W. to whom seizin thereof is delivered to the said I. W. and her assignes in forme aforesaid , the reversion thereof to the said F. W. and of his heires and assignes by the rod , &c. at the will of the Lord , &c. according to the custome of the Mannor aforesaid , saving right , &c. And he doth give to the Lord for a fine , &c. And doth therefore fealty to the Lord , &c.

A Release of Land made in Court .

AT this Court came S. B. and present in Court , did surrender , remise , and release , into the hands of the Lord according to the Custome of this Mannor , all his right , title , state , possession , interest , and demand of , and in all those parcels of the land , parcel of the Orchard of the said N. called the old , or further Orchard , next adjoyning to the Pightel or Close of Pasture of him the said S. called the Bean-close , as it is now divided from the said Pightel or Close , with the door-stakes put upon the Front of the Dike of the said old Orchard to the behoofe and use of N. B. his Brother ( in full and peaceable possession thereof now being ) and to his heirs and assignes for ever ; so , that is to say , that neither the said S. nor his heires from henceforth may challenge , crave , or demand , any right , title , state , claime , or demand of or in the said piece of land . But from all action , right , title , state , use , interest , and demand thereof to be had , from henceforth shall be utterly barred and excluded , and every of them shall be for ever barred and excluded by this present inrollment . And the said N. for the said remise and release doth give to the Lord a fine , &c.

A Lease made by the Lord of parcell of his Lands .

AT this Court the Lord here in full Court did demise to farme to I. A. one Garden containing halfe a Rod , lying , &c. and halfe an acre of land in F. of the Demesnes of the Mannor , to hold to him , his Executors and assignes for the terme of five yeares next following after the title of this Court , paying therefore yearly for every yeare during the said terme one penny at the Feast , &c. And he doth give to the Lord for a fine , &c. And doth therefore Fealty to the Lord , &c.

The Admission of the yonger Son to Lands according to the custome .

AT this Court came F. W. the yonger Son , and next heire of I. W. deceased ; and did crave of the grace of the Lord to be admitted tenant to one parcel of land , containing in length twenty perches , and in bredth three foot , late parcel of one piece of Copyhold land called B. containing by estimation three acres of land , of which said parcel of late there is made a dike , which said parcel of land I. W. the Grandfather of the said F. W. lately had to him , his heires and assignes of the surrender of L. A. as at a Court for the Mannor aforesaid holden the 24. day of May in the yeare , &c. appeareth , as to his right and inheritance , for that the said I. W. died thereof seized , and the same parcel of land by and after the death of the said I. W. according to the custome of the Mannor aforesaid , did descend to the said F. W. the Father of the said F. W. and from the said F. W. the right of the said parcel did descend to the said F. W. the yonger ; and he is thereunto admitted tenant to whom seisin is thereof delivered to hold to him , his heirs and assignes , by the rod , at the will of the Lord , according to the custome of the Mannor aforesaid by rent of two pence , &c. and the services , &c. saving right &c. And he doth give to the Lord for a fine , &c. And doth therefore fealty to the Lord , &c.

A License by a Lord of a Mannor to a Copy-holder to pull downe houses standing on Copyhold lands .

TO all and singular Survayors , Bayliffs , and other Officers whatsoever within my Mannor of Skipton , in the County of Y. I , E L. of B. send greeting : Whereas I am informed , that H. G. hath lately purchased of T. C. certaine old houses within my said Mannor being Copihold , and that the said T. C. hath surrendred the same houses , to the use of the said H. G. and his Heires , according to the custome of the said Mannor : Now my will and pleasure is , and I do by these presents give and grant unto the said H. G. his heirs and assignes , full license and absolute liberty , power and authority to pull downe , and to take and carry away the said houses , and every of them , or any part of them to and for the use of the said H G. and his heires and assignes from time to time as to him or them or any of them shall seeme meet ; Any custome or usage whatsoever within the said Mannor ( if any such be , or heretofore hath beene had or used ) to the contrary thereof in any wise notwithstanding : And I will and command you and every of you , that the said H. G. and his assignes may quietly have and enjoy the full and whole benefit of my said grant and license without any deniall , let , or impediment of you or any of you . In witnesse whereof , &c.

A Letter of Attorney to surrender a Copyhold .

BE it knowne unto all men by these presents , that I A. B. one of the customary or Copyhold tenants of the Mannor of H. in the County of M. have made , ordained , constituted , and appointed ; and by these presents , do make , ordaine , constitute , and appoint , my trusty and well beloved friends C. D. and F. F. two customary or Copyhold Tenants of the Mannor aforesaid , my lawfull Attorneys and Attorney joyntly and severally for me , and in my name joyntly and severally by lawfull wayes and means , to surrender into the hands of the Lord or Lords , Lady or Ladies , Farmers , owners , or proprietors of the said Mannor of H. aforesaid , all that customary or Copyhold Messuage or Tenement , with the appurtenances scituate , lying , and being in H. aforesaid , parcel of the customary lands of the said Mannor : And all my estate , right , title , interest , claim , possession , and demand , of , in , to , and out of every part and parcel thereof , to the use and behoofe of T. W. his heires and assignes for ever ; and I the said A. B. do hereby give and grant unto them the said C. D. and E. F. joyntly and severally , and to either of them full power and authority to do , execute , and performe any other lawfull act and acts whatsoever , needfull or necessary to be done in , for , or about the better effecting of the premisses , as fully and amply to all intents and purposes as I my selfe might do in person or otherwise , and whatsoever my said Attorneyes , or either of them , shall joyntly or severally do in the premisses , according to the true intent and meaning of these presents ; I do hereby allow of , ratifie , and confirme . In witnesse , &c.

The Grant of a Stewardship .

TO all to whom these presents shall come A. B. Knight , sendeth greeting Know ye , that I the said A. B. for divers good causes and considerations me thereunto moving , have , for me , my heires and assignes , given and granted , and by these presents do give and grant unto John Preston of B. Gent. the Office of chiefe Steward , and the place and execution of the Stewardship of my Mannor of Skipton in Craven in the County of York . And the holding and keeping of all Courts , Court-Leets , viewes of Frank-pledge , and of all other Courts of what kinde soever the same be , to the said Mannor belonging or in any wise appertaining : To have , hold , execute , and enjoy the aforesaid Office of chiefe Steward , and the place and execution of chiefe Stewardship , and the holding and keeping of all manner of Courts usually held and kept within the same ; together with all manner of fees , wages , rewards , profits , advantages , and emoluments , to the said office of chiefe Steward or Stewardship of the said Mannor or Lordship belonging or appertaining , or at any time heretofore accustomed and used to be paid , rendered to , or received , by the chiefe Steward or Stewards there for the time being , for , or by reason of the said office of chiefe Steward or Stewards there for the time being , from henceforth , for and during the naturall life of him the said Iohn Preston , In witnesse , &c.

THE COURT OF Pypowders .
The definition of it , what it is , and why it was instituted , together with its jurisdiction .

THis word Pypowder , hath its definition from the The definition of Pypowder . French words pied , i. pes , and puldreux , i. pulverulentus , or as Skene de verb. significat . Pede pulverosus , dusty feet , a Vagabond , Pedder , or Scotch Merchant , who hath no certaine dwelling place , and by whom Fares are usually kept , to whom justice should be summarily ministred within three flowings and ebbings of the Sea ; or as some define it to be curia parvi ponderis , and this is to be pedis-pulverizati , and so the Lord chiefe Justice Anderson did use to define it , for the speed and celerity there used , in the present dispatch of businesse .

8 H. 7. fol. 4. b. This Court of Pypowders is a Court of Record , instituted and set up for the speedy and sudden dispatch of matters and differences arising in a Fare or Market , and for the speedy doing of Justice , and this in case of necessity , for the sole benefit of Tradesmen and Merchants , and for the present determination of all doubts and questions there then arising , and that only upon sales and contracts had in the Fare and Market , during the time thereof , but not for matters acted and done before , or at any time after the Fare or Market held ; but for matters happening and arising in pleno Mercato , or in plenaferia , 8 H. 7. fol. 4. b.

This Court is of two kindes , viz.

1. Either by prescription , and this is an absolute jurisdiction . 2. To be in a Fare and Market , and to this a Court of Pypowders is incident .

And here two things are requisite , viz.

1. This Court to be for matters arising in the Fare or Market . 2. The matters to be determined there , within , St. 17. E. 4. c. 2. & 1. R. 3. c. 6. and during the continuance of the Fare and Market ; and this appeares to be so by the Statutes of 17 E. 4. cap. 2. and 1 R. 3. cap. 6. and this is in a Court of Pypowders annexed unto a Fare or Market : But in a Court of Pypowders which one hath by Prescription , there they may heare Bolstrod . 2. part . fol. 21. Cro. 1. part , fol. 33. and determine matters done before , Bolstrod 2. part . fol. 21. Goodson against Duffill , Cro , first part , fol. 33.

Prescription . For in case of a Prescription such a Court may well be without a Fare , from time to time , and from day to day , 13 E. 4. fol. 8. b. it was so adjudged in point 13 E. 4. fo. 8. b. of a Writ of Error , where the error assigned to reverse a judgment given in curia pedis pulverizali , there alledged to be held , secundum consuetudinem ejusdem civitatis , the Error insisted upon was , because he shewed not , that the matter upon which the action was brought was in pleno Mercato , or in plena feria , it is there expresly adjudged , that this was no Error , because the same was layd to be held secundum consuetudinem civitatis ; so that such a Court may be held without a Fare or Market , and that the King may well grant such a Court to be held from day to day , and such a Court may well be held by Custome without any Fare or Market , and its proper denomination is from the speedy dispatch of businesse there ; so that the jurisdiction of this Court held by prescription , may be extended unto all contracts and bonds , to actions of trespasse , and actions upon the Case , and to this purpose was the case , betweene Chambers Plaintiffe against Pert Defendant , Hill. 33. Eliz. Rot. 124. where Hil. 33 Eliz. Rot. 124. an action of trespasse for an assault and battery was brought in a Court of Pypowders , for an assault done long before , and well maintainable as it was held .

But this Court held by prescription doth much differ from the ordinary Court of Pypowders , and that by many circumstances : This Court may be thus used and held , viz.

1. Either by way of Grant . 2. By way of confirmation . Pypowders by way of grant & confirmation .

12 H. 7. fo. 16. b. 13 H. 7. fo. 19. 13 E. 3. fo. 8. b. Old book of Ent. 168. Fit . dette , en Gailor , pl. 1. fol. 18. Fit . account in Execution pl. 3. And being thus held , it differs from the ordinary Court of Pypowders , which is incident to every Fare , as appeareth by 12 H. 7. fol. 16. b. and 13 H 7. fol. 19. And the same Court is thus incident to a Fare , and that of common right , as it appears , 13 E. 4. fol. 8. b. Old book of Entr. fol. 168. Fit . dette en Gailor . placito , 1 f. 18. Fit . account in Execution placito 3. If one will declare upon a matter in this Court in Fare , there in such a case of necessity he ought to set forth in pleading , that the same was done in pleno ferio , or in plena Mercata , otherwise not good . But it is not so in case where a man hath , and holdeth this Court by prescription , in which Court they may heare and determine actions upon the case for words , but not so in an ordinary Court held during the time of the Fare : And by 6 E. 4. fol. 3. b. If a man in his Fare hath 6 E. 4. fol. 3. b. The Steward is Judge . this Court , here the Steward is Judge and no other , for there are no Suitors ; and for a Judgment given in this Court a Writ of Faux judgment lieth not , but a Writ of Error , and with this agrees 7 E. 4 fol. 23. 7 E. 4. fol. 23. And where one claims to hold this Court by prescription , and also by Charter ; if the Charter be not contrary to the prescription , this shall be good by way of confirmation .

As a Court-Baron is incident to a Mannor , so a This Court is incident to a Fare or Market , and by a grant of them it passeth , 19 H. 8. Brookes case , fol. 2. pl. 7. & Brook tit . incidents , pl. 34. 2 , 3 Phil. and Mar. Dyer . fol. 133. pl. 80. Co. 10. fol. 73. Court of Pypowders is incident to a Fare , and by the Grant of the Fare this doth passe , and with this accords , 19 H. 8. Brooks case , fol. 2. placito , 7. and Brook , tit . incidents placito 34. and not to be fevered from them , neither by grant nor by reservation , 2 & 3 Phil. and Mar. Dyer fol. 133 pla. 80. the Plaintiffe in a Court of Pypowder doth count of a contract made in the last Fare before , where no plaint was then begun , nor any judgment of Amerciament of the Defendant then given , and this was held a good Error in both by all the Justices of both Benches , Mich. 42. and 43 Eliz. B. R. Co. 10 fo. 73. in the case of the Marshalsea , where Hall braught a Writ of Error against Jones , to reverse a Judgment given against him in the Court of Pypowders of the Market in the City of Glocester , for that that Hall had published slanderous words of him , ( viz. ) Mr. Jones and his Clerk have by colour of his office , extorted and gotten 300 l. per annum by unlawfull meanes , for many years together , above their ordinary fees , for proving of Testaments and granting of Administrations , the which judgement was reversed for two Errors , viz.

1. Because words did not concern any matter touching the Market , and therefore the Court had no jurisdiction of it ; but if one slander any with Trades , and Merchandizeth in the Market , in any thing which concernes his Trade , there an action for this well lieth .

2. It appeares in the Count , that the words were spoken before the Market , and not during the time of the Market : for as this Court hath no jurisdiction , but in matters concerning the Market , so the same Court hath no jurisdiction , for matters concerning the Market , unlesse they were acted and done during the time of the Market . Bracton , lib. 5. fo. 335. a. De brevi de recto . 1. Bracton , lib. 5. fol. 335. De brevi de recto 1. de diversitate , & divisione summonitionis , It is there said , per quindecim dies , ante diem quo comparere debeat summonitio , ought to be , Et talis summonitio , dici debeat legitima . Si minus spatium contineat , possit illigitimam judicari ; nisi ob causam legitimam , minus tempus statuatur , ut propter personas , qui celerem habere debeant justitiam , sicut sunt Mercatores , quibus exhibetur justitia , Pepoudrous , by the Statute of 17 E. 4. capite 17 E. 4. cap. 2. 2.

No plea shall be holden in this Court , unlesse the Plaintiffe or his Attorney do sweare that the contract was made during the time of the Faire . Stat. 1. R. 3. cap. 6. And in this Court no Steward , or other Minister , shall hold plea upon any action , at the suit of any person unlesse the Plaintiffe or his Attorney , in presence of the Defendant , do sweare that the contract in the Declaration , &c. was had and made , during the time of the Fare , and within the jurisdiction of the Fare ( but this oath so taken ) shall not conclude the Defendant for pleading in abatement of the action , and to the jurisdiction of the Court , this by the Statute of 1 R. 3. cap. 6. is made perpetual in this principal case here , the Defendant in the Court at Rochester , was condemned in an action of debt for 300 l. upon a Bond and Contract formerly made , and entered into , and for this cause the judgment was erroneous .

Note . Note that in this Court the Steward is Judge , because there are no Suitors there , neither can the Steward delegate a Deputy , 6 E. 4. fol. 3. 7 E. 4. fol. 23.

A TABLE OF THE PRINCIPALL MATTERS contained in the BOOKE .
A A Merciament , in the County Court , 6 How they are forfeited in Court-Leet , and what shall be causes to amerce , &c. 313 Of Amerciament , 314 Attorneys , in the County Court , 10 how qualified , 11 Actions , within what time they must be brought , 12 Who may bring Actions , and who not , 13 Appearance , what it is , 14 Answer , what , 17 Accompts of the Sheriff , with a particular of some usual charges or fees paid by him at the rendring of them up 224 , 225 Appeals , 295 The Sheriff shal have Counter-rolls of Appeals &c. 297 Accessaries , who , 326 Alehouse keepers , 332 Assize of bread , 333 B BAyliffs , in the County Court , 11 how qualified ibid. Burglary , what , 324 Bond , taken by the Sheriffe upon a Fieri facias for the payment of money in Court , not within the Stat. of 9 E. 4. 50. 185 Burning of houses or Barns , 326 Bail , what it is , 212 Any person making a warrant , &c. without original processe , upon examination , &c. shall be committed without bail , 214 Such as are in Execution , &c. not to be bailed , ibid. None to be bailed that are prohibited by the Statute of West . 1. cap. 15. he cannot bail any suspect of felony as formerly , ibid. The Sheriff cannot refuse to baile one bailable , upon tender of sufficient sureties , ibid. Traytors or Felons not bailable , 215 In the Vpper Bench the baile not chargeable , till default assigned in the principal , &c. ibid. The new rules concerning speciall bail , ibid. and 216 Bridges decayes , 328 Boundaries , 330 Bloodshed , 331 Barretors , ibid. Brewers , 333 Butchers , 334 Breaking of Pownds , 338 Beadel , why so called , 347 Bastard may not inherit , 351 C COunty Court , when instituted , 3 Now the Sheriffs Court , ibid. By whom first exercised , ibid. What action may be brought in it , 4 , 5 , 6 , 12 The time when it is to be holden , 5 Where it is to be kept , 6 What actions will not lie in it , ibid. Proceedings in it , 14 The manner of keeping the Court , 23 , 24 , 25 Processe of the Court Original , 37 Judicial , 43 County Clerk , how to be qualified , 7 He cannot practise as an Attorney , 8 Can act nothing without the Suitors , 9 His care in deputing Bailiffs , 9 How he must enter plaints , ibid. How he is punishable , ibid. Count , what it is , 16 Continuance , what , 17 Challenge of Jurors , What are good causes , 21 Capias ad satisfac : where it lies , 71 , 174 Cap. lies not after an Elegit , and Why , 179 Note where it lies after an Elegit , 178 What it is , 179 One taken upon it must be kept in salva & arcta custodia , ibid. This Writ lies where a Capias lies in the originall , ibid. Nothing but the body can be taken by this Writ , 180 A man in the custody of the Sheriffe , and a second writ is delivered to him , he shall be in his custody upon it , although not actually arrested , ibid. Two bound in an obligation , joyntly and severally , both may be sued and taken in Execution , ibid. This Writ lies not for damages in a Writ of Dower , ibid. No return is required upon it , ibid. Capias pro Fine , what it is , 181 An Elegit sued after one is taken for the Protectors fine , he shall go at large , ibid. No one taken upon it in trespasse , &c. ibid. Capias ut legatum , what it is and where it lies , 181 , 182 Capias ut legat . & inquiras de bonis & catallis , What it is , 182 Capias ad valentiam , what it is , and Where it lies , ibid. Coroners office , how derived , 279 When first established , ibid. His office is duplicate , viz. general , and special , 280 , and 281 What person ought to be a Coroner , and how qualified , 281 , 282 , 283 Of the number of Coroners in each County , 284 Of the power and jurisdiction of Coroners , ibid. What persons are to be of the Coroners Inquest , and how qualified , 286 , 287 The Method of keeping the Coroners Court , 287 , 288 , 289 , 290 , 291 , 292 , 293 His Ministerial power , 294 His Fees ibid. Custome , to pull downe houses and cut downe trees , not good , 368 Constables , 327 Crossebows , 337 Copiholder may not let longer then a year and a day , 355 Copihold granted by a disseisor may be avoided by the disseisee , 357 But admittance upon surrenders , good , ibid. None can passe a larger estate then he hath , ibid. Copiholder , What person is sufficient to be a Copiholder , 358 What interest he hath in his estate , ibid. 359 Husband to a woman Copiholder , shall not be tenant by the Curtesie without speciall custome , 360 The heire of a Copyholder not bound to come to any Court during his non-age , ibid. Whether a Copyholder may lop trees , ibid. Copyholders for life cannot claim custome to cut down and sell trees , 361 No tenant by the Curtesie or Dower shall be of Copyhold lands 361 An estate taile cannot be of Copyhold lands without use ibid. Copyholder may assigne one to essoin for him , but not to do his service 362 Copy-hold not extendable by Statute-Staple , but it is upon the Statute of Bankrupts not lyable to any charge of the Lord 363 Common Nusance 327 Common Pownds 328 Common Barretors 331 Curriers 336 Court-Baron 349 How Court-Barons were first instituted 352 What parts a Court-Baron doth consist of 338 Court-Baron cannot be separated from a Mannor 337 The difference between Court-Leet and Court-Baron 340 341 Of the time When , and the place Where the Court is to be kept 342 The manner of keeping the Court ibid. and 343 344 The charge of the Court 345 D DUces tecum , What 14 Declaration , What it is 14 15 Modo & forma 15 Demurrer , what 18 Distress , what good , and What not 26 27 28 29 30 31 Ditches , hedges and high-Wayes kept and scoured 330 Discontinuance , one seized in the right of his wife , surrenders it and dies , no discontinuance to the wife 370 E ESsoin , what it is 14 Execution in the County Court , and What goods may be taken upon it , and what not 32 33 34 Where the under Sheriffe justified the breaking of three doors to do execution 185 Elegit , Where it lies 71 174 What it is 176 The Sheriffe may take a moyety of the Lands of the Conusor , and all his goods and chattels , and the valuation of the goods and lands must be found by inquisition ibid. He must return the extent , and that he hath delivered the Lands 177 Term of years delivered in execution upon Elegit good , and also rents ibid. The Sheriffe must return the moyety distinctly , unlesse they be tenants in common ibid. He cannot deliver a Lease at another value then What the Iury had found it at ibid. Goods cannot be sold by the owner after the Teste of the Elegit ib. An execution valuable Without satisfaction , ibid. Where a Cap. lies after an Elegit 178 Lands sold after judgement shall be liable to satisfie it , ibid. Two Writs of Elegit delivered to the Sheriff at one time , how to be executed , ibid. Several Elegits may issue into Counties , ibid. No Cap. ad sat . nor fieri fac , doth lie after an Elegit , and why 179 An Elegit sued after one is taken for the Protetectors fine , he shall go at large , 181 Escapes , 208 What an Escape is , ibid. For felony , it is felony in him that suffers the escape , ibid. If a prisoner escape , yet upon fresh suit , and taken , he shall be in execution , ibid. One in execution cannot go out of the Goale , though with the assent of the Sheriffe , ibid. The Protector cannot command without Writ , to free a man , &c. ibid. If the Sheriffe die and one breakes the Goale , no escape , 209 If a woman-Goaler marry a Prisoner , adjudged an escape , ibid. It is no escape if Prisoners be removed out of the County , that they may be removed to another place within the same County , but not for their ease , for then it is an escape , ibid. The Sheriff upon fresh suit may take a prisoner in another County , ibid. No felony in the Goaler to kill a prisoner that attempteth to escape , ibid. All that come into the Goale ought to be kept close and safe , ibid. One taken upon a Cap. by a wrong name , &c. a Testat . issued out against him by his right name , and was taken in Execution , and suffered him to escape , and the Sheriffe was judged answerable for the escape , 210 A mans wife taken in execution , and suffered to go at large before the debt satisfied , adjudged an escape , ibid. A reprisall by fresh suit before the action brougt , excusable , but a reprisall after the action brought , no excuse , 211 212 213 Exigents and Proclamations to be proclaimed five County dayes , 10 Extendi facias , what , 168 Election of Parliament men , how and when they are to be elected , 216 Who may be electors , 217 Time when they are to be elected , ibid. What persons are elegible , and what not , 218 Punishment of Sheriffes for their negligence in elections or returnes , 219 Penalties on Counties and places for not electing , ibid. Escape voluntary , what , 326 Escape negligent , what , ibid. Evesdroppers , 338 Estrayes , 340 F FEes , to the County Clerke , 54 To the Attorney in the County Court , 55 To the Bayliffe for executing Processe out of the County Court , 55 56 Fees of the Sheriff , 221 222 223 What fees the Vnder Sheriffe of Middlesex useth to take 223 Fees payd by the Sheriffe in rendring his accompts into the Exchequer 225 226 227 Fees of the Coroner 294 Fees of the Court-Baron 373 374 Fieri facias , where it lies 71 174 What it is 183 The Sheriff must be cautious in executing this Writ , &c. ibid. If he , for a debt of twenty pounds takes goods and sells them for forty pounds , he may keep the surplusage till the Defendant demand it of him ibid. Sale upon a Fi. fa. shall stand , though judgment be after reversed 184 Vpon a judgment against an Executor or Administrator no Cap. ad sat . lies , but a Fi. fa. &c. but if a Devast . be returned , then a Cap. ad sat . or a Fi. fa. de benis propriis , &c. ibid. After Scire fac . no Elegit lies , until the tenant be warned , but a Fi. fa. doth ibid. Goods taken upon a Fi. fa. and no buyers found , an order to levy the goods and lands of the Bayliffe ibid. If no goods be found , the Sheriffe may sell a Lease for years , &c. ibid. A Scire facias issued out against an old Sheriffe ( after a new one elected ) for money levied by him &c. 185 Bond taken by the Sheriff , not within the Stat. ibid. Where the Vnder-Sheriffe justified the breaking of three doores to doe execution , &c. ibid. The Sheriffe may sell a Lease for years without taking inquisition of them 186 Four reasons Why no returne is required upon a Fi. fa. ibid. Felony , he that flies for it forfeits his goods , chattels , and the profits of his lands 162 Vtlawes goods for felony 163 Felony , What 324 Fore-staller 332 Frie of fish 337 Fine , What shall be said reasonable for a Copy-holder to pay upon his admittance Forfeitures , What shall make a forfeiture of Copyhold estates , and What not 367 Forfeiture , to build and pull down again 368 A Copyholder by the Common-law cannot make a Lease for one yeare , but it is a forfeiture ibid. A Lease for one yeare by a Copyholder , &c. a forfeiture ibid. A Copyholder may inclose where it hath been formerly inclosed , &c. and not forfeiture , 369 The heir may take the profits before admittance , and make a Lease , &c. ibid. To refuse to pay a fine certaine , a forfeiture , or refuse to appeare at his Lords Court , ibid. and 370 G GEnerall issues , what 18 Goaler , the Sheriffe must be cautions in electing of him 208 H HAbere facias seisinam , what it is , and where it lies 188 Habere fac . possessionem , what it is , and where it lies ibid. High treason , what 323 Hue and crie 327 Hedge-breakers 330 Hand guns 337 Hawking and hunting with Spaniels , 338 Hares tracing ibid. Horses infected 339 Hayward , why so called 347 Herriot service and herriot custome 348 I ISsues generall , what 18 Jurors , and what are good causes of challenge 21 Ingrosser 333 Inne-holders 334 K KNights-service , what it is 346 Homage , Escuage , and fealty is Knights-service ibid. Knights-service is done by a man in propria persona ibid. L LEvari facias 174 What it is 187 Part of the sum levied , a Sicut alias Levari fac . may issue out for the residue 187 Leet , what it is , and the first institution of it 307 The power and authority of the Iudge of the Court 309 What may be enquired of in this Court 310 What things are not to be inquired of in this Court 310 What things are considerable in holding Tourns and Leets 312 Iury , what 113 The method of keeping Court-Leet 316 Exhortation before the charge 319 What things are to be considered by a Iury in swearing 320 321 The charge of the Court 322 Lord of the Mannor , how qualified 357 M MOdo & forma 14 15 Mayor of a Staple , hath power to hold pleas done there 170 Misprision of treason , what 325 Measures and weights false 335 Musters 338 Mortmain 339 Mannor , what it is 349 Of the first originall and institution of it ibid. The definition of the word ibid. & 350 How Mannors were first created 250 Of what parts a Mannor doth consist ibid. Customary Mannor , what it is , and what may be a good Mannor to maintain Copyholders 351 By what names a Mannor may passe 350 Five necessarily appertaining to a Mannor 339 Mortmain , what it is 350 N Non-suit , how 16 Not informed , what 18 Nihil dicit , what ibid. Nusance 327 O OFfice of County Clarke 6 7 Office , of Coroner in the County Court 9 10 Office and duty of the Steward in a Court-Baron 371 Order of the Judges of Assize at York , concerning Essoins , illegally returned into the County Court 56 57 P PLedges in the County Court 13 Proceedings in the County-Court 14 Vpon the Writs of Recordare , Pone , Writ of false Judgment , &c. in the Common-pleas after removall out of the County Court 69 70 71 72 Pleas specially to be pleaded 19 20 Parliament men , how and when they are to be elected 216 Who may be Electors 217 Time when they are to be elected ibid. What persons are eligible , and who not 218 Punishment of Sheriffes for their negligence in elections or returns 219 Penalties on Counties , and places for not electing ibid. Presentments in Leets , how traversable 315 Petty Treason , what 323 Petty Larceny , what 324 Physnomy defaced ibid. Pownd-breach 331 Pheasants and Partridges 338 Pond breaking ibid. 353 Pypowders , the Court , the definition of it , what it is , together with its Jurisdiction 393 & 394 By way of Grant and confirmation 395 The Steward is Iudge ibid. This Court is incident to a Faire or Market , and by a grant of them it passeth 396 No plea shall be holden in it unlesse the Plaintiff or his Attorney do sweare that the Contract was made , during the time of the Fare 397 R RUle , what 17 Replication what ibid. Rejoynder , what ibid. Replevin , with the Proceeds upon it , 34 35 36 37 Recognizance , what it is 174 The manner of proceeding upon it ibid. Proceeds against the Sureties 175 Execution upon it of all the goods and chattels , and a moyety of the Land ibid. Execution of the Land , which the Reconusor had at the time of the Reconusance ibid. Two sued in Execution , the money delivered to the Attorney of the one , and to the other himselfe good ibid. The beir charged ibid. Execution upon the Statute , and findes baile , and doth not appeare at the day ibid. Two sue execution , and one dies before the extent , yet the lands shall be extended , but otherwise upon a Stat. Merchant ibid. Three bound in a Statute joyntly and severally , he shall have execution against one or all , but not against two 176 Rape , what 324 Reliefe , is as much money as one yeares rent 347 Rescous , what it is 353 Returns of writs , and first what return is 189 Return of a Cepi corpus for one , and a Non est inventus for others , by one that was not Sheriffe ibid. Four reasons why no return is required upon a Fieri fac . 186 Surplusage no hurt to the return of a writ 190 A Proclamation upon Exigent returned by a Sheriffe out of office , void 191 Rescous upon a Latitat , no good return , ibid. Cepi corp . returned upon a Cap. ad sat . and hath not the body at the day , an escape , &c. ibid. In all writs of execution ( except an Elegit ) no return is required , but an Elegit must be returned ibid. To say that the party will not pay his fees , no return ibid. The Sheriffe must set to his returnes his name of Baptism and sirname 192 Imperfect returns corrigible ibid. To say that the Bayliff will make no deliverance , no good return ibid. He shall not be charged for insufficient returns by Bayliffs of Liberties ibid. Every return must exactly answer the writ ibid. The omission of words makes the return invalid ibid. Return of Rescous invalid , &c. 193 No good return where the Sheriffs name is wanting ibid. Note that the word exacteth amounts to as much as the within named ibid. The Sheriffe amerced twenty pounds because he did not take posse com . to execute a Hab. fac . seisin . ibid. What returne upon waste good , and what not ibid. Returne of a Precept for Writ , not good ibid. A bad return 194 A return by the Sheriffe in the third person , no good return ibid. False imprisonment lies against the Sheriffe for not returning a Cap. in processe , &c. but otherwise in a Cap. ad sat. ibid. Where one hath liberty to returne writs , the Sheriffe cannot enter to make execution of any processe , ibid. In a Scire fac . the Sheriffe must returne the names of the summoners , &c. ibid. The Sheriffe may take pos . com . upon a Replev . ibid. A Scire fac . against a Husband and his wife , to say they are divorced , no good return 195 A Fi. fac . against Executors , no good returne to say the goods were sold before the writ purchased ibid. Nulla bona returned upon a Fi. fa. against Executors , an enquiry of waste , and found that divers goods were wasted , upon which a Sci. fa. awarded and upon two nihil's returned execution awarded ibid. Outlawry returned in Lond where not good ibid. The County omitted in the return of an Exigent erroneous 196 Vpon an Exigent returned , that the party hath rendred himselfe , and not so , not good ibid. Cepi corpus upon a Capias ad satisfaciendum , and not so , erroneous ibid. Processe against the husband and wife , and the wife appeares not at the day , not good ibid. Vpon an enquiry of damages , return of damages no hurt to the Sheriff , and why ibid. Vpon accompt or debt , where the Sheriffe returned no lands found , and he had lands , &c. not good ibid. To say upon a Replevin , that there is no goods , &c. not good , the like in detinue , &c. or upon a Hab. fac . seisin . ibid. If the Sheriffe return Cepi corpus , he shall be chargeable with the body , at the day of the return 197 Return of Jurors 206 If two sufficient Hundreders do appeare , it is sufficient ibid. None are to be returned above the age of seventy years ibid. None shall be impannelled out of their proper County , except , &c. ibid. None to be returned but such as have 40 l. per annum 207 Twenty and foure Jurors must be returned otherwise error ibid. He must summon the grand Iuries to the Assizes , and Iuries for the quarter Sessions , &c. ibid. None must be returned upon an Indictment but , &c. probi & legales homines ibid. Return of issues 207 The Sheriff must return good issues ibid. Rescue , what 326 Rescous 331 Regrator 332 S SHire , what it is 1 By whom instituted ibid. Sheriff , why so called 2 Instituted Governor of his Shire ibid. He only hath power to delegate the office of County Clerk 7 Custos vitae Reipub. Custos vitae Justitiae , Custos vitae Legis 157 His Judicial power 158 To enquire of wast , and execute a writ of Redisseisin 159 He may commit a disseisor to prison ibid. His Ministerial power ibid. The new Sheriff is to take notice who are in execution 160 He is to preserve the Protectors right , &c. 160 He must levy his Highnesse debts , &c. 161 He is to gather up amerciaments and fines , &c. ibid. and 162 He is to seize no goods of Felons , till they be lawfully forfeited 162 But take Sureties he may , that the goods shall not be imbezelled ibid. He must receive all Writs and execute them 163 He may command his Bayliffe to execute tem either by word or precept ibid. He must not dispute the authority of the Judges that send writs to him , but must execute them 164 His Bayliffe need not shew his writ when he executes it , but a special Bayliff must shew his warrant ibid. An arrest by an old Sheriff after his discharge tortious 165 He cannot execute processe on the Sabbath day ibid. He may break open a door to execute processe concerning his highnesse , but not in case of a common person ibid. He must proclaim the Statute of Winchester four times a year 166 And also the Statute against unlawfull games , ibid. Steward of Court-Baron , how he ought to be qualified 371 How he may be retained 372 How he may forfeit his office 373 Sur-rejoinder , what 17 Suit-royall , what it is 161 Suit-service , what ibid. Statute-Merchant , what it is ibid. How to sue out execution upon it ibid. All the Fee-simple Lands of the Conusor , at the time of the Statute acknowledged , shall be liable to the said Statute 169 Copyhold lands are not lyable , nor Lease for life , but Lease for term of years shall be extended , &c. Goods pawned or pledged may not be taken , nor goods distrained for rent , &c. ibid. If the Conusor die in execution , the Conusee may have execution of his Lands and goods , or if the Conusor escape , his goods and Lands shall be extended ibid. Non est invent returned upon the first Certificate , a second not grantable ibid. Severall Certificates in divers Courts upon one Stat. Execution sued in the one shall not stay that in the other 170 A Stat. certified for the Testator , shall be certified for the Executor ibid. Non est inventus returned upon a Cap. in the Common Pleas , Cap. and Extendi facias shall not issue out there without shewing the Statute to the Justices , &c. ibid. Statute must be shewed at the day of the return ibid. A stranger may have Execution where the Recognusee is dead , or if a Stat. be made to two , yet one may have Execution , &c. 171 Executors must sue out a Scire fac . before they can have Execution ibid. Execution upon the Statute sued into divers Counties upon Nihil returned in one County , he shall have execution of the whole in the other ibid. Stat. sued of parcel of the Lands in the name of all , shall never extend the rest ibid. Three bound to one in a Statute severally , Execution may be against one or all ibid. Infant bound in a Statute may avoid it during his minority , &c. the like by Dures imprisonment 172 Statute-Staple , what it is ibid. The manner of proceeding upon it ibid. and 173 Scire facias issued out against the old Sheriffe ( after a new one elected ) for money levied by him , &c. 185 Sorcerers , Conjurers , and Witches 325 Sacriledge ibid. Stocks 327 Surveyors of high-wayes 329 Shoomakers 336 Searchers , and sealers of Leather ibid. Soccage tenure , what it is 347 Surrenders , what are good , and what not 363 Vpon a Surrender , action lies not against the Lord for refusing admittance ibid. A surrender to the Lord , good 364 A Surrender to the use of another , &c. ibid. In a Surrender it matters not if the party to whom it is be precisely expressed ibid. Surrender to the Lord , &c. ibid. Surrender to A. B. until he marry C. D. &c ibid. Surrender to the use of a stranger ibid. Surrender to A. B.'s use , if he pay 20 l. at a day ibid. Surrender to the Lord to the use of S. paying 100 l. &c. ibid. Surrender to the use of one for life 365 Copyhold may be extinguished , without an actuall Surrender ibid. A Surrender of a Copyhold , cannot surrender before admittance 366 No surrender by an Attorney without Deed , but an admittance may be ibid. T TYthing men 327 Tanners 335 Tracing of hares 338 Treasure trove 339 Tenants by Copy of Court-Roll , are obliged to appear at every three weeks end at the Lords Court-Baron 345 Tenant at will and Copyholder 359 Tenant may have an action of Trespasse against the Lord 360 No tenant by the Curtesie or Dower shall be of Copyhold lands 361 V VErdict ambiguous and incertain , no judgment ought to be given upon it 25 Part of the issue found , and nothing for the residue , insufficient ibid. Under-Sheriff , what he is 210 He hath power to execute all the ordinary offices of the Sheriff , that may be transferred by the Law , &c. ibid. The Sheriff must take good security of him , &c. ibid. Victuallers 334 Vnlawfull gains 336 W WItnesses , who are suficient to give evidence , and who are not 22 Withernam , what , with the proceedings upon it 35 Weights and Measures false 335 Watch and ward 339 Waifes 340 353 Wast , what it is , and how it is committed 350
A TABLE OF ALL THE PRESIDENTS Contained in this BOOK . A ARticles betwixt the high Sheriff , and a Bayliff of a Weapentake or Hundred 266 Appeale of Murther by the wife of him that is slain 297 Appeale by the heir of the person murthered 298 Appeale of Mayhme 299 Appeal of wounds ibid. Admission of the younger son to lands , according to the custome 389 B BArgain and sale of Goods made by the Sheriff , by vertue of his Office 277 Bond upon a Replevin , vide Obligation . Bond for the appearance in the County Court , vide Obligation Bond , to the Sheriff for ones appearance in the Common-Bench ; and another in the Vpper-Bench , vide Obligation . C CAse , for not delivering of a pawn upon tender of the money borrowed 102 Against a Carrier for losse of goods delivered to him 103 For Coals , promising to pay so much as they should reasonably be worth 104 For a horse sold , warranted to be sound 105 For a horse lent promising to deliver him ibid. For adgysting of beasts 106 For curing a wound 107 For laborious hire 108 In consideration that the Plaintiffe would deliver unto one E. L. certain mercery wares , if he did not pay for them the Defendant would 109 Slander for calling the Plaintiffe Thiefe , &c. 110 Same for calling the Plaintiff Bankrupt 111 In consideration that the Plaintiff would marry E. R. the Defendant promised to make him worth 200 l. 113 For stopping up of anothers light 114 For teaching the Defendants childe the Latine tongue 115 For Dyet , and time given for payment of the debt 116 Vpon an Assumpsit to save one harmlesse upon an Obligation 117 For keeping a dog accustomed to bite sheep 118 Another ibid. Against an Inn-keeper for a horse lost ibid. Vpon a horse-race 119 Another upon a horse-race 122 For keeping a child , and finding it meat , drink , and apparrel 123 For breach of Articles ibid. Vpon a promise for the loan of a Mare , which was killed in riding 125 Vpon a promise to save harmlesse a Surety against a Bond 126 Detinue 128 Condition , the form of it for the performance of the Indentures between the high-Sheriff and under-Sheriff 258 Another 259 and 260 Condition for executong of a Goalership 263 Another 265 Condition , that the Sheriff executing a writ , may detain out of the goods and lands extended so much money , &c. 276 D DIstringas , or County warrant 37 Duces tecum 38 Decem tales 50 Deputation for a Bayliffe of a Hundred 53 Discharge to the Sheriff ( for a Prisoner ) from him to whom the Prisoner is indebted 275 Another ibid. Declarations in debt 88 Executor against an Executor ibid. Vpon a Bill to be paid at the day of Marriage , and issue upon it 89 90 91 Vpon retainder for sheoing of horses 91 Vpon an Accompt 92 Money lent by joynt partners for a certain time , and to be paid to the survivor ibid. For rent in arrear 93 For servants wages 94 For not setting forth of Tithes ibid. Vpon an award 95 For Attorneys Fees 96 Vpon a Lease for Tithes 97 Vpon a Bond , where one is bound to two , and one dies before the commencement of the Suite 98 Another upon the same ibid. Vpon a Bond for an Executor against Sisters as Co heirs , one of them being married 99 Vpon a Bond against an Administrator during the minority of the Executor of an Executor 100 F FIeri facias against an Executor 44 Vpon a non suit for costs ibid. Vpon a Verdict for the Defendant 45 After a Scire facias against an Administrator , upon a Verdict had against the intestate ibid. Fine ( in Court-Baron ) desired for respite of suit to be done 382 G GRant of a Bayliwick 348 Grant of a Stewardship 341 I INdorsement of such writs as are turned over to the new Sheriffe by the old Sheriffe 160 Indenture by a high-Sheriff , deputing one to be his under-Sheriff 237 Another 246 Indenture , for the setting over of Prisoners and Writs between two Sheriffs 261 Indenture for the Knights of the Parliament 262 Indenture upon choosing a Burgesse to serve in Parliament 263 Indenture of Covenants to a Sheriff to save him harmlesse for returning of a Devastavit against an Executor 272 Inquisition in man-slaughter 299 Inquisition in manslaughter , where one was starved , and perished for want of sustenance 301 Inquisition where one is slain by misfortune by a Cart loaden with hay 303 Inquisition where one by misfortune is slain by the fall of a scaffold 304 Inquisition where one drowns himselfe 305 Inquisition , where one hangs himselfe ibid. L LIberate , To deliver goods taken upon original or mean processe 50 Lease and Surrender made in Court with the examination of the Wife 385 Lease made by the Lord of parcel of his Lands , 388 Licence by a Lord of a Manner to a Copyholder to pull down houses standing upon Copyhold lands 390 Letter of Attorney to surrender a Copyhold ibid. O OAth of the Jury in the County-Court , and of the witnesses 24 Oath of the Coroner 51 Oath of an Attorney in the County Court 52 Oath of the Sheriff 235 Oath of the Foreman of a Coroners Inquest 289 Oath of witnesses before the Coroner 291 Oath of the Foreman of the Inquest in a Court-Leet 318 Oath of a Steward in a Leet 344 Oath of the Bayliffe in a Leet ibid. Oath of a Constable in a Leet 345 Oath of the Affeerer in a Leet 346 Oath of the Aletaster , &c. ibid. Oath of the Hayward , Beadle , or Greve 347 Oath of the Foreman of the Inquest in a Court-Baron 343 Oath of the Bayliffe of a Mannor 374 Obligation upon a Replevin 41 42 Obligation , for an appearance in the County Court 52 53 Obligation entred to a Sheriff for ones appearance in the Common Bench 271 Another in the Vpper-Bench ibid. Order of the Judges of Assize at York , concerning essoins illegally returned into the County Court 56 P PLeas , He owes nothing 133 He made no such promise , and Replication ibid. He made no such promise within six yeares ibid. Never Executor 134 Fully administred , and Replication ibid. Not guilty 135 Bar , by which in age ibid. Payment upon a Bill , and a Release produced ibid. Free-hold 136 No action to cause one to render an accompt , will lie in this Court ibid. In arrest of Judgment ibid. Conditions performed , and Replication 137 138 Rejoynder ibid. Detain he doth not ibid. Bar by a generall acquittance , and replication ibid. Justification of scandalous words 139 Tender of amends in Replevin ibid. Part of the debt paid , the residue tendered before suit , and refused , and Replication 140 141 Not his Deed 141 By threats , and Replication ibid. and 142 By hardnesse of imprisonment , and Replication ibid. The assault made by the Plaintiff , and Replication 143 The Defendant pleadeth the Plaintiff within age to bring his Action ; and should have brought it by Guardian , and not by Attorney 144 To a trespasse in walking not guilty , and as to the residue of the trespas , tender of amends , and Replication , and Rejoynder 144 145 Misnomer in Baptism pleaded in abatement of the writ of Justicies 146 Plea in abatement , for that the Plaintiff hath one name in the writ , and another in the Declaration ibid. The Defendant justifies , for horse meat not satisfied , in answer to a Declaration in trover for the same horse 147 The Defendant plead leaves and liberty granted to him by the Plaintiff , to enter and feed his cattle 148 The Defendant justifies ( in replevin ) the taking of the cattle for rent in arrear 149 The Defendant saith that the goods were taken as a pawn or pledge for money lent 150 Replication that he took them injuria sua propria , without such a cause 151 Concord in assault and battery ibid. Replication , No such concord or agreement made 152 The Defendant saith , that as to the taking of the Oxe , that he tooke it by the name of an Herriot ibid. Justification in trespasse for want of reparation of the hedges by the Plaintiffe 153 The Defendant justifies ( upon a Replevin ) the taking of the Cattel , doing damage-feasant 154 Misnomer in the writ of Justicies ibid. Non cepit to a Replevin 155 Poverty ibid. Demurrer ibid. Joyning in Demurrer 156 Presentment ( in a Leet ) of petty Treason 342 Presentment of felony for burning a house 343 Presentment of a Felon ibid. Presentment of an Accessary ibid. Presentments in Court-Baron 375 The finding of the death of a Tenant , and of a Surrender made to the use of his will , with an admission of the Tenant according to the will ibid. The finding of the death of a Tenant 376 Pains found , and set upon tenants for want of suit of Court ibid. & 377 The presentment of a Surrender made out of Court into tenants hands , with the admission of the tenant accordingly 377 The finding of a Surrender made into tenants hands , to the use of a mans will 378 The finding of the death of a tenant , and of the lands , and that the youngest son is next heir , according to the custom , &c. with his admission ibid. The finding of a sale made of Freehold lands , with a distresse to the Bayliffe to distrain for want of taking it up 379 The acknowledgement in the Court of a Legacy paid ibid. A presentment of a Surrender made out of Court with the admission of the tenant 380 A presentment made in Court of an agreement made between the Son and his mother touching her Dower , and the mothers release of her Dower 381 A pain set for an incroachment ibid. A pain set for the amending of the same ibid. A presentment for an offence done , and a charge to the Jury to enquire , and further day given for giving their Verdict 382 R REplevin 39 132 alias Repl. 40 Plures Repl. ibid. Return of a Tolt 43 Return of a Recordare fac . Lo. 58 59 of a Pone 59 60 of a writ of False judgment 61 62 63 of an Accedeas ad curiam 65 66 of a Writ for the Election of a Coroner after the death of another 66 of an Exigent 66 67 68 of a Proclamation 69 of a Non est inventus 197 of a Cepi corpus in the Common Pleas ibid. of a Cepi corpus in the Vpper-Bench ibid. of a Cepi corpus and Non est inventus ibid. of a Cepi corpus and Languidus in prisona 198 of a Mandavi Ballivo libertatatis , where the Bayliff makes no returne of the Sheriffs warrant , or where he makes an insufficient return 198 and also where he returneth to the Sheriffe , he hath taken the body , and the like , in case the Bayliffe returneth a Languidus in prisona , or as he shall certified the Sheriff by his returne ibid. of a Scire facias , where a Scire facias is returned ibid. of a Nihil to a Scire facias ibid. of Scire facias for one , and Nihil for the other 199 of an Attachment and Proclamation in Chancery ibid. A Nihil returned of a Venire facias upon an Indictment , presentment , or information , and summons returned of the like ibid. The Return of a Distringas nuper vic . or Balliv . ibid. of a Venire facias jur . 200 of a Distringas , or Hab. corp. Jur. ibid. of an Exigent where one bringeth a Supersed . one rendereth himselfe , the other appeareth not ibid. of a Proclamation 201 of an Allocat . ibid. of a Tarde ibid. of a Hab. corp . where the Defendant was taken by a former Sheriff 202 of a Pone ibid. of a Scire fac . for the release of Prisoners ibid. of Nihil to a Scire fac . against the heir and ter-tenants ibid. of a Summons in Dower ibid. of a Cap. in manus in Dower 203 of a Summons upon an originall against an heir ibid. of a Habere facias possessionem & Cap. where judgement is signed with costs ibid. of a Liberate out of Chancery 204 of an Acced . ad cur . ibid. of a Re. fa. lo. ibid. averia elongat , and Cepi corp . for damages 205 of a Rescous ibid. of a Devastavit 228 of a Nulla bona & Devastavit by inquisition ibid. of a Fieri fac . 229 of a Fieri fac . where part of the debt is levied , and for the residue a Nulla bona 230 another of a Fi. fa. ibid. of a writ where the Sheriffe dieth after execution thereof , and so returned prout indorsat . by the present Sheriffe ibid. of an Elegit where lands are in the Kings hands 231 of an Extent in the Exchequer 232 of a Scire fac . against the heir and ter-tenants where notice is given 234 of a summons in Dower 235 Records upon a writ of False judgement and Accedeas ad curiam 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 Recognizance of a Coroner to binde witnesse to appear at the next assizes 290 Release of Lands made in a Court Baron 388 S SCire facias , post diem & annum 47 against an Executor , after Judgement against the Testator ibid. after marriage 48 Subpoena , or a Warrant to summon witnesses 50 Sale of Goods to the Plaintiffe levied upon a Fieri facias by the Sheriffes Baliffe 53 Sale of Goods made by the Sheriffe by vertue of his Office 277 Surrender , and remise of Lands made in Court before the Steward , and the examination of the Wife 383 Surrender of Copyhold in Court , with the admission of the tenant accordingly 384 Surrender and Lease made in Court with the examination of the wife 385 Surrender of Lands made in Mortgage , upon condition for the payment of money , with the admission of the Mortgagee by her Attorney , and the Fealty respited ibid. Surrender of Lands made presently in Court 387 T TOit 42 Trover and Conversion 127 Trespasse , for breaking down the Plaintiffs stall , being set up in the Market 129 For breaking the Plaintiffs close ibid. For a Dog biting a Mare , so that she dyed 130 For chasing of hogs with dogs ibid. For pasturing sheep in a rotten pasture , by reason whereof they died ibid. For digging and plowing the Plaintiffs ground , and taking away his corn 131 For taking away a post ibid. For eating the grasse , cutting the hedges , and assaulting the Plaintiff ibid. Trespass and assault 132 Assault upon one at under age ibid. V VEnditioni exponas 45 46 Venire facias Jurator . 49 W WArrant upon a Writ of Justicies 39 Warrant upon a Proclamation 51 Warrant of Attorney for an appearance in the County Court 52 Warrant upon Accedeas ad Curiam 64 Warrant of a Coroner for the impannelling of a Jury 288 Warrant to summon a Leet 316 Withernam 40 Alias capias in Withernam 41 FINIS .
Courteous Reader ,

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FINIS .
Notes, typically marginal, from the original text
Notes for div A85670-e1690