A38591	----	Advertisement from a noble and potent Earle, Iohn Earle of Errol, Lord Hay and Slaines, high constable of Scotland, sheriff-principall of the sheriffdom of Aberdeen Mr. William More of Hilton, advocate, sheriff depute of the said shyre, and Andrew Skene younger, of Pitmuckston, heritable mair of fee of the said sheriffdom : to the several mair-deputs within the samen. Erroll, John Hay, Earl of. 1680 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A38591 Wing E3247 ESTC R37807 17021635 ocm 17021635 105828 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A38591) Transcribed from: (Early English Books Online ; image set 105828) Images scanned from microfilm: (Early English books, 1641-1700 ; 1614:50) Advertisement from a noble and potent Earle, Iohn Earle of Errol, Lord Hay and Slaines, high constable of Scotland, sheriff-principall of the sheriffdom of Aberdeen Mr. William More of Hilton, advocate, sheriff depute of the said shyre, and Andrew Skene younger, of Pitmuckston, heritable mair of fee of the said sheriffdom : to the several mair-deputs within the samen. Erroll, John Hay, Earl of. More, William. Skene, Andrew. 1 broadside. s.n., [Aberdeen : 1680] "Given under our hands at Aberdeen, the twentysixth day of August 1680. [signed] Erroll. Mr. William More. Andrew Skene." Reproduction of original in the Aberdeen City Charter Room, Aberdeen, Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Sheriffs -- Scotland -- Aberdeen. Scotland -- History -- 1660-1688. 2006-11 TCP Assigned for keying and markup 2006-11 Apex CoVantage Keyed and coded from ProQuest page images 2006-12 Pip Willcox Sampled and proofread 2006-12 Pip Willcox Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion Advertisement from a noble and potent Earle , Iohn Earle of Errol , Lord Hay and Slaines ; high Constable of Scotland , Sheriff-principall of the Sheriffdom of Aberdeen ; Mr. William More of Hilton , Advocat , Sheriff-depute of the said Shyre ; and Andrew Skene younger , of Pitmuckston , Heritable Mair of Fee of the said Sheriffdom : To the several Mair-deputs within the samen . WHereas the Office of Mair of Fee , of this Sheriffdom , hath been of a long time bygone neglected and slighted , and that severall persons have presumed to assume unto themselves the Name and Office of a Mair-deput , who were never lawfullie admitted thereto ; As also , those who have been admitted by the said Andrew Skene , have maleversed in the exercise of there Offices , and altogether deficient in the performance of any duty incumbent upon them ; To the great abuse of the said Office , and of his Majesties Liedges . These are therefore giving Advertisement to the whole Mair-deputs , and Officers within this Sheriffdom , that they are not to exerce nor use , and hereby they are discharged to use or exerce the said office after the feast of Michelmas next to come , under all highest pain that can be inflicted upon them , requyring and commanding all such persons who presently are , or do intend to be Mair-deputs within this Sheriffdom , that they present themselves to the said Andrew Skene , betwixt and the foresaid day , and to receive from him formal Admissions , and find sufficient caution to him for their faithfull administration in their Offices : and for payment of such Aunuities as are due and payable be them : And his MAIESTIES Liedges within the said Sheriffdom are hereby discharged to imploy any persons who shall not be formally admitted by the said Mair of Fee. And to the effect none pretend ignorance , thir pesents are appointed to be printed , and published at each Parish Church door within the said Sheriffdom . Given under our Hands at Aberdeen , the twentysixth day of August 1680. Erroll . Mr. William More . Andrew Skene . For the Parish of _____ 
A55392	----	A paper presented by divers citizens of the city of London, Sept. 5. 1682. to the Right Honourable the Lord Mayor and Court of Aldermen 1682 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A55392 Wing P285 ESTC R213443 99825826 99825826 30217 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A55392) Transcribed from: (Early English Books Online ; image set 30217) Images scanned from microfilm: (Early English books, 1641-1700 ; 2175:03) A paper presented by divers citizens of the city of London, Sept. 5. 1682. to the Right Honourable the Lord Mayor and Court of Aldermen City of London (England). Court of Common Council, recipient. 1 sheet ([1] p.) printed for E. Smith [i.e. Francis Smith] at the Elephant and Castle in Cornhil, London : 1682. Regarding the Council's delay in allowing Thomas Papillon and John Dubois to assume the office of sheriff of London and Middlesex. A different work from Wing T1563A. Francis Smith was at the Elephant and Castle from 1659 to 1688, and was commonly known as Elephant Smith. Copy stained. Reproduction of the original in the Cambridge University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Papillon, Thomas, 1623-1702 -- Early works to 1800. Dubois, John -- Early works to 1800. Sheriffs -- England -- Early works to 1800. London (England) -- Politics and government -- 17th century -- Early works to 1800. 2008-04 TCP Assigned for keying and markup 2008-04 SPi Global Keyed and coded from ProQuest page images 2008-05 Emma (Leeson) Huber Sampled and proofread 2008-05 Emma (Leeson) Huber Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion A PAPER Presented by divers CITIZENS of the CITY of LONDON , Sept. 5. 1682. To the RIGHT HONOURABLE The Lord MAYOR And Court of ALDERMEN . THE Citizens of this City having duly Elected Thomas Papillon and John Dubois Esquires , two of their fellow Citizens Sheriffs of this City and the County of Middlesex for the Year ensuing , and your Lord ship and this Court having not caused Proclamation to be made for the said Persons to appear and take the said Office upon them according to the Laws and Customs of this City ; divers Applications have thereupon been made by and on the behalf of us and our fellow Citizens , that your Lordship and this Court would forthwith cause the same to be done , as in right and Justice you ought : Unto which after divers and tedious Attendances , your Lordship and this Court did Promise that such Persons should take the Office of Sheriffs upon them as were duly Elected , according to Law , and the Antient Customs of this City . And the said Thomas Papillon and John Dubois being so Elected , and not yet called forth to take the said Office upon them , we do therefore again , in the behalf of our selves and fellow Citizens , renew our Request , and of right demand that your Lordship and this Court will forthwith cause Proclamation to be made for the said Thomas Papillon and John Dubois to appear and Seal their Bonds to take upon them the said Office , which we humbly conceive our selves bound by our Oaths as Freemen of this City to demand , and your Lordship and this Court by the like Oaths bound immediately to Grant. London , Printed for E. Smith at the Elephant and Castle in Cornhil . 1682 : 
A62802	----	To the Right Honourable Sir John Moore Kt. Lord Mayor of the city of London, and the Right Worshipfull the Aldermen his brethren the humble petition and address of the citizens of London, whose names are subscribed, for, and on behalf of themselves, and all other loyal citizens of London. 1682 Approx. 5 KB of XML-encoded text transcribed from 2 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-12 (EEBO-TCP Phase 1). A62802 Wing T1612 ESTC R22718 12364691 ocm 12364691 60374 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A62802) Transcribed from: (Early English Books Online ; image set 60374) Images scanned from microfilm: (Early English books, 1641-1700 ; 900:18) To the Right Honourable Sir John Moore Kt. Lord Mayor of the city of London, and the Right Worshipfull the Aldermen his brethren the humble petition and address of the citizens of London, whose names are subscribed, for, and on behalf of themselves, and all other loyal citizens of London. Moore, John, Sir, 1620-1702. 1 sheet ([2] p.) Printed for Benj. Tooke ..., London : 1682. Reproduction of original in Huntington Library. Broadside. "Moore Mayor ... upon a petition now presented to this court by divers citizens for the calling of a Common Hall to choose another person to be one of the sheriffs ..." part 2 of broadside. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Sheriffs -- England -- London -- Public opinion. Broadsides 2005-05 TCP Assigned for keying and markup 2005-06 Apex CoVantage Keyed and coded from ProQuest page images 2005-07 Jonathan Blaney Sampled and proofread 2005-07 Jonathan Blaney Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion To the Right Honourable Sir John Moore Kt. LORD MAYOR of the City of LONDON , and the Right Worshipfull the ALDERMEN his Brethren , The Humble Petition and Address of the Citizens of London , whose Names are Subscribed , for , and on the Behalf of themselves , and all other Loyal Citizens of London , Sheweth , THAT we having seen a Printed Paper , being a Copy of what was Presented to your Lordship and this Court Intituled A Fourth Paper Presented by divers Citizens of London the 12th of Septemb. 1682. wherein the presenters on the behalf of themselves , and of their Fellow-Citizens , take upon them to Protest against the Election and Confirmation of Mr. North and Mr. Box , to be Sheriffs of London and Middlesex ; declaring that if your Lordship and this Court refuse to call forth Mr. Papillon and Mr. Dubois to Seal their Bonds , and shall impose Mr. North upon them as Sheriff , or cause a Common Hall to be called under pretence of Electing any other Person to join with the said Mr. North. That the same would be a Breach of your Trust , and Violation of their Priviledges , which ( as they say ) they are resolved to Maintain : And therefore demanded , That this Court should immediately send for Mr. Papillon and Mr. Dubois to Seal their Bonds , and take upon them the Office of Sheriffs of London and Middlesex . WE do esteem the matter contained in the said Paper to be a presumptuous and false Censure of your Lordships just Government of this City , which in this , as in all other matters , your Lordship hath managed by Advice of this Court. And we hold it our Duty to declare to your Lordship and this Court , that we utterly disown any Concurrence with , or Allowance of the Matters contain'd therein . And we do assert and insist upon it , that the Confirmation of Mr. North , and the Election of Mr. Box for Sheriffs of London and Middlesex for the Ensuing Year were Lawful , and according to the Rights and Customs of this City . And since your Lordship and this Court have permitted Mr. Box to Fine , and thereupon discharged him ; and that Mr. North hath Sealed a Bond to hold Sheriff . There is now but one Sheriff to be chosen for the next Year . THEREFORE , We humbly pray your Lordship to issue out a Precept , to Summon a Common Hall , for Electing one other Person to be Sheriff for the Ensuing Year , in the Room of the said Mr. Box ; And your Petitioners , &c. Moore Mayor . Jovis 14. die Septemb. 1682. Annoque Regni Regis Caroli Secund. Ang. &c. 34. UPon a Petition now presented to this Court by divers Citizens for the calling of a Common Hall to Choose another Person to be one of the Sheriffs for the next Year and to join with Mr. North , in the stead of Mr. Box lately discharged . And upon two other Petitions now likewise Presented , One from divers other Citizens , and the other from divers Gentlemen of the County of Middlesex , for the calling out of Mr. Papillon and Mr. Dubois as Sheriffs Elect for the Year insuing . This Court upon the Question put , did agree that the same Answer should be given to the said Petitioners , as was given by this Court to the Petition Presented on the 27th of July last : And the same was thereupon read to them in the words sollowing , viz. Gentlemen , This Court hath considered of your Petitions , and will take care that such Persons shall take the Office of Sheriffs upon them as are duly Elected according to Law , and the Ancient Customs of this City : And in this and all other things , this Court will endeavour to maintain the Rights and Priviledges of the Chair , and of the whole City : And wherein you think that we do otherwise , the Law must Judge between us . And the Right Honourable the Lord Mayor did also acquaint them that his Lordship intended to call a Common Hall on Tuesday next , for the choice of a Person to be one of the Sheriffs for the Year insuing , instead of Mr. Box. LONDON , Printed for Benj. Tooke at the Ship in St. Pauls Church-Yard . 1682. 
A62803	----	To the Right Honourable Sir Patience Ward Knight, Lord Mayor of the City of London. The humble petition of the commons of the city of London, in Common-hall assembled, June 27. 1681 1681 Approx. 6 KB of XML-encoded text transcribed from 2 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A62803 Wing T1613 ESTC R213533 99825893 99825893 30284 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A62803) Transcribed from: (Early English Books Online ; image set 30284) Images scanned from microfilm: (Early English books, 1641-1700 ; 2219:10) To the Right Honourable Sir Patience Ward Knight, Lord Mayor of the City of London. The humble petition of the commons of the city of London, in Common-hall assembled, June 27. 1681 Ward, Patience, Sir, 1629-1696. Bethel, Slingsby, 1617-1697. Cornish, Henry, d. 1685. 1 sheet (2 p.) printed for R. Baldwyn, in the Old-baily, London : 1681. The verso contains a petition from the citizens to the sheriffs of the city of London and Middlesex, Slingsby Bethel and Henry Cornish. Reproduction of the original in the Guildhall Library, London. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Sheriffs -- England -- London -- Early works to 1800. Popish Plot, 1678 -- Early works to 1800. London (England) -- History -- 17th century -- Early works to 1800. 2006-04 TCP Assigned for keying and markup 2006-07 SPi Global Keyed and coded from ProQuest page images 2006-09 Celeste Ng Sampled and proofread 2006-09 Celeste Ng Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion To the Right Honourable Sir PATIENCE WARD Knight , Lord Mayor of the City of London . The humble PETITION of the Commons of the City of London , in Common-hall assembled , June 27. 1681. Sheweth , THat We do with all thankfulness acknowledg the great and wonderful mercy of Almighty God , in that notwithstanding the daily Plots and wicked Contrivances of the Papists and their Accomplices , We do still enjoy our ancient and undoubted right and freedom of assembling our selves together for the Choice of some principal Officers of this City for the year ensuing . And whilst we attend upon this duty , We cannot but with all gratitude remember the great care , and faithful endeavours of your Lordship , the Aldermen , and Commons in Common-council lately assembled in ordering an humble Address to be presented to his Majesty ; wherein was expressed your Lordships and their due sense of the continued danger of his Majesty's Life , ( which God long preserve ) and of the Protestant Religion , and of all our Lives , Liberties , and Estates , by the Designs and Conspiracies , so long projected and prosecuted by the Councils of Rome and its Adherents ; in the pursuit whereof , they are chiefly animated by the continuing hopes of a Popish Successour . And also your and their just apprehensions that no effectual means can be provided against the impending evils therein mentioned , but by the wisdom and advice of his Majesty's great Council the Parliament . And whereas it hath come to our knowledge , that Reports , by mistake or prejudice , have been raised , that the said Address did contein onely the sense and desires of a few persons , and not of the generality of this great City . We do therefore most humbly pray your Lordship , that you will in such manner ( as shall seem best to your Lordships discretion ) humbly represent to his Majesty , that the Subject-matter of the said Address is also the true sense , and doth contain the humble Desires and Resolutions of his true and Loyal Subjects the Citizens of his City of London , in this their Common-Hall now assembled . And that his Majesty would be graciously pleased to esteem it as such . And We having likewise taken notice that the same Common Council did at the time of their voting the said Address , render their thanks to our late worthy Members of the last Parliament , for their faithful endeavours to serve this City , according to the Desires and Instructions to them given and made by Us at the time of their Election . We do think it our duty at this time to testifie our full concurrence therein , and do return unto them our hearty thanks for the same . And your Petitioners shall ever pray , &c. This Petition was delivered to the Right Honourable the Lord Mayor immediately after the declaring Thomas Pilkington Esq Alderman , and Samuel Shute Esq to be Sheriffs of London for the year ensuing ; and being read by the command of the Lord Mayor to the Common-Hall , had their general Consent and Approbation of the same , which consisted of some Thousands of Citizens . To the Honoured Slingsby Bethel and Henry Cornish Esquires , Sheriffs of this City of London and Middlesex . WE the Citizens of the said City in Common-hall assembled , being sensible of , and greatly satisfied with your faithful Endeavours to discharge those Offices of Trust which we ( not long since ) called you to ; and considering your wise and prudent conduct and management of our Affairs within this City , especially in maintaining and asserting of our undoubted Rights and Priviledges as Citizens , and continual provision of faithful and able Juries ; especially in such a time as this , when Innocency it self is not inrouded from the imputation of the blackest Crimes ; and the best and most loyal Protestants are exposed to the utmost hazards by the Perjuries , Subornations , and Villanies of the Popish Party and their Adherents . And we cannot at this time omit the mentioning your fair Proceedings in our present Election of Sheriffs for the Year ensuing , and dispatch of an unnecessary Poll , without putting us off by Adjournments to a troublesome and weary attendance . Do offer and return to you our most hearty Thanks , as the onely Compensation we can at present make you ; being confidently assured that you will stedfastly persist in those your most faithful Endeavours , as long as you shall continue Officers in this Honourable City . This Address was presented to the Sheriffs at the same time ; and being read to the Common-hall , had the like Approbation . LONDON : Printed for R. Baldwyn , in the Old-baily . 1681. 
A84447	----	By the Committee of Safety of the Commonwealth of England, Scotland, and Ireland, &c. A proclamation declaring the continuance of justices, sheriffs, and other officers. England and Wales. Committee of Safety. This text is an enriched version of the TCP digital transcription A84447 of text R211299 in the English Short Title Catalog (Thomason 669.f.21[85]). 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. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A84447 Wing E743 Thomason 669.f.21[85] ESTC R211299 99870028 99870028 163579 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A84447) Transcribed from: (Early English Books Online ; image set 163579) Images scanned from microfilm: (Thomason Tracts ; 247:669f21[85]) By the Committee of Safety of the Commonwealth of England, Scotland, and Ireland, &c. A proclamation declaring the continuance of justices, sheriffs, and other officers. England and Wales. Committee of Safety. 1 sheet ([1] p.) Printed by Henry Hills and John Field, Printers to the Committee of Safety, London : [1659] Publication date from Wing. Dated at end: Given at Whitehall the 31. day of October, 1659. Annotation on Thomason copy: "9ber [i.e. November]. 1" Reproduction of the original in the British Library. eng Judicial power -- England -- Early works to 1800. Sheriffs -- England -- Early works to 1800. Justices of the peace -- England -- Early works to 1800. A84447 R211299 (Thomason 669.f.21[85]). civilwar no By the Committee of Safety of the Commonwealth of England, Scotland, and Ireland, &c. A proclamation declaring the continuance of justices, England and Wales. Committee of Safety. 1659 852 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-12 Mona Logarbo Sampled and proofread 2007-12 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion blazon or coat of arms ❧ By the Committee of Safety of the Commonwealth of England , Scotland , and Ireland , &c. A PROCLAMATION Declaring the continuance of Justices , Sheriffs , and other Officers . FOr the continuance of the Administration of Iustice , preservation of the publick Peace , and the better carrying on the Affairs of the Commonwealth , we , being intrusted with the care thereof , have thought fit to Publish , and Declare , and do hereby Publish and Declare , That all such person and persons , as on the first day of October , One thousand six hundred fifty nine , were Iustices of the Peace in any Counties , Cities , Precincts , Liberties , or Places , in England , Wales , or the Town of Berwick upon Tweed , by Force and Vertue of any Commission or Commissions , under the Great Seal of England ; and had by such Commissions , Power and Authority to Enquire of , Hear , and Determine Felonies , Trespasses , and other Offences , and to do other things in the same Commissions more at large expressed : And all such person and persons , who on the said First day of October , by Force of any Commissions or Letters Patents , under the said Great Seal , were Sheriffs of the several Counties , Precincts , and Places in England , Wales , and Town of Berwick upon Tweed , be , and are hereby continued Iustices of the Peace , Iustices of Oyer and Terminer , and Sheriffs respectively , of , and in their , and every of their several respective Counties , Cities , Precincts , Limits , Iurisdictions , and Places respectively , from , and after the said First day of October , and shall so continue , and be , until there shall be new Commissions and Letters Patents , or Commissions under the Great Seal of England , for the constituting of Iustices of the Peace , and Oyer and Terminer , and of such Sheriffs , of , and in the said several Counties , Places , and Precincts respectively made , and duely published . And they , and every of them shall have , and may lawfully Vse , Exercise , and Enjoy all and every the Iurisdictions , Powers , and Authorities whatsoever , which by the Laws and Statutes , Iustices of Peace of Oyer and Terminer , or Sheriffs respectively , may , or might lawfully Vse , Exercise , or Enjoy , and they , and every of them respectively , are hereby required and enjoyned to do the same . And all and every the said Sheriffs have hereby Power and Authority , and are enjoyned to execute and make return , according to usual course of all Writs issued or to be issued . And all and every Act , return of any Writs , or other thing whatsoever , Had , Made , Done , Vsed , or Exercised , or to be Had , Made , Done , or Exercised by the said Iustices and Sheriffs respectively , or by any other Officers or Ministers , or other person or persons whatsoever , by command or authority , by , or derived from , by , or under them respectively , is hereby Declared to be good and effectual . And all Commissioners for the monethly Assessments , Collectors , Receivers , and Receivers General of the said Assessments , Auditors , and Receivers , and other Officers of the publick Revenue in the several Counties and Precincts , Commissioners of the Customes and their Officers in the respective Ports , and Commissioners of Excise , and every of them , and the subordinate Officers of them , and every of them , are hereby authorized and required to proceed in the execution of their several and respective Duties , and to put in ure all and every the Powers and Authorities committed unto them , and every of them in their respective places ; and to do all and every Act and Thing incident thereunto , as fully as they did , or might have done , on , or before the said First day of October . And all and every person and persons whatsoever , are hereby required to conform themselves in payment of their respective Duties of Custome and Excise , and of the said monethly Assessments , and all other Revenues belonging to this Commonwealth accordingly , as they tender the preservation of the publick Peace : and to the end that free Quarter , and other mischiefs and inconveniences that may happen by their neglect or failer therein , may be avoided . Given at Whitehall the 31. day of October , 1659. ORdered , That this Proclamation be forthwith Printed and Published . William Robinson , Clerk of the Committee of Safety . London , Printed by Henry Hills and John Field , Printers to the Committee of Safety . 
A94557	----	To the Lord Mayor and Court of Aldermen of the City of London. 1682 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A94557 Wing T1563A ESTC R213567 43077691 ocm 43077691 151802 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A94557) Transcribed from: (Early English Books Online ; image set 151802) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2277:14) To the Lord Mayor and Court of Aldermen of the City of London. City of London (England). Lord Mayor. City of London (England). Court of Aldermen. 1 sheet ([1] p.) Printed for E. Smith at the Elephant and Castle in Cornhil, London, : 1682. Reproduction of original in: Henry E. Huntington Library and Art Gallery, San Marino, California. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Elections -- England -- London -- Early works to 1800. Sheriffs -- England -- London -- Early works to 1800. Broadsides -- London (England) -- 17th century. 2007-06 TCP Assigned for keying and markup 2007-06 Apex CoVantage Keyed and coded from ProQuest page images 2007-08 Mona Logarbo Sampled and proofread 2007-08 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion TO THE LORD MAYOR AND Court of Aldermen of the CITY of LONDON . IT having been ever since the Reign of King John the undoubted Right of the Citizens of London to Chuse out of themselves two Sheriffs for the City of London and County of Middlesex , which Right hath been Confirmed to them by several Acts of Parliament ; and whereas the Citizens of London Assembled in a Common-Hall on the 24 th day of June last past , did according to Ancient Custom , by Majority of Votes , then Elect Thomas Papillon and John Dubois Merchants , to be Sheriffs of the said City of London and County of Middlesex for the Year ensuing ; We Inhabitants and Freeholders of the County of Middlesex , in behalf of our selves and others Freeholders and Inhabitants of the said County , have thought it our Duty to desire your Lordship and this Court to Summon the said Thomas Papillon and John Dubois to appear before you , and then according to Ancient Usage require them to enter into Bonds for holding the Office of Sheriffs of London and Middlesex for the ensuing Year ; and in case they shall be contented to give Bond for fo doing , that then they the said Thomas Papillon and John Dubois , who have been according to the City Charter duely Elected Sheriffs of London and Middlesex , may have the usual Oaths Administred to them which they ought to take for the due Execution of their Office ; and that no other Persons upon any pretence whatsoever , who have not been duely Elected by Majority of Votes , may be Admitted or Sworn by your Lordship or this Court to Execute the Office of Sheriffs of London or Middlesex , it being absolutely contrary to your Oaths and the Charter of the City ; and seeing our Lives and Fortunes are so highly concerned in the due Execution of the Laws , of which none but duely Elected Sheriffs can be Legal Executors ; We think it necessary to represent to your Lordship and this Court , that many and great Disorders and Dangers are like to fall not only upon the City of London and County of Middlesex , but likewise on the whole Kingdom , if any Persons who have not been rightfully Chosen by the Major part of the Citizens of London qualified to Elect , should be admitted or Sworn Sheriffs , because the Law accounts such Persons Capital Offenders , who shall under Pretence of being Sheriffs of London and Middlesex , ( but indeed are not Legally so ) Presume to Dispose of our Lives and Estates . We therefore desire your Lordship and this Court to take into your serious Consideration our Just and necessary desires in this particular , which is of so great Importance to the whole Kingdom ; and make bold to tell your Lordship and this Court , that all the fatal Consequences which shall happen by your not doing what Justice in this Case requires of you , will be laid at your Doors . London , Printed for E. Smith at the Elephant and Castle in Cornhil . 1682. 
A44301	----	A short treatise touching sheriffs accompts written by the Honourable Sir Matthew Hale ... ; to which is added, A tryal of witches, at the assizes held at Bury St. Edmonds, for the county of Suffolk, on the 10th of March 1664, before the said Sir Matthew Hale, Kt. Hale, Matthew, Sir, 1609-1676. 1683 Approx. 113 KB of XML-encoded text transcribed from 60 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2006-06 (EEBO-TCP Phase 1). A44301 Wing H260 ESTC R14358 12157764 ocm 12157764 55185 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A44301) Transcribed from: (Early English Books Online ; image set 55185) Images scanned from microfilm: (Early English books, 1641-1700 ; 599:11) A short treatise touching sheriffs accompts written by the Honourable Sir Matthew Hale ... ; to which is added, A tryal of witches, at the assizes held at Bury St. Edmonds, for the county of Suffolk, on the 10th of March 1664, before the said Sir Matthew Hale, Kt. Hale, Matthew, Sir, 1609-1676. 2 pts. ( [8], 110; [4], 59 p.) Printed, and are to be sold by Will. Shrowsbery ..., London : 1683. Imperfect: A tryal of witches, at the assizes held at Bury St. Edmonds ... London : Printed for William Shrewsbery, 1682 (with special t.p.): [4], 59 p. at end is lacking in filmed copy. Reproduction of original in Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Sheriffs -- England. Finance, Public -- England -- Accounting. Money -- England. 2006-01 TCP Assigned for keying and markup 2006-01 Apex CoVantage Keyed and coded from ProQuest page images 2006-03 Judith Siefring Sampled and proofread 2006-03 Judith Siefring Text and markup reviewed and edited 2006-04 pfs Batch review (QC) and XML conversion A SHORT TREATISE Touching Sheriffs Accompts . Written by the Honourable Sir Matthem Hale , Kt. sometime Lord Chief Justice of His Majesty's Court of King's-Bench . To which is added , A Tryal of Witches , at the Assizes held at Bury St. Edmonds , for the County of Suffolk , on the 10th of March 1664 , before the said Sir Matthew Hale , Kt. LONDON , Printed , and are to be sold by Will. Shrowsbery , at the Bible in Duck-Lane . 1683. FOR The Right Honourable THE LORD HIGH TREASURER OF ENGLAND , And the CHANCELLOR Of the EXCHEQUER . ACcording to my Promise to your Lordships , I have given a large Historical Narrative of the Sheriffs Accompts for the Annual Revenue of their Countries : Wherein some things may occurr that may be usefull to the understanding of the Sheriffs Accompts , and many other old obscure Records , and some things incidently opened that have been formerly obscure and scarce intelligible , yet fit to be known . Some things also relating to the diff●rence between the Auditors of the Revenue , and the Officers of the Pipe. There may be some mistakes of my own , I confess , in a matter of so great intricacy , perplexity and obsoleteness , which I could not easily correct , in the Country , because many of my Papers are at London that concern this business , and , I fear , hardly to be retrieved into a due order , in regard of the late distraction . And here may be some mistakes in the Transcriber , which at this distance I could not examine . But , possibly , notwithstanding these mistakes , Your Lordships may find something that may be usefull , and when I wait upon you I shall review and correct . Your Lordships humble Servant . THE CONTENTS . CHAP. I. TOuching the Ancient and Modern Weight and Allay of Sterling Silver . Page 1. CHAP. II. Concerning the Weight of Coin , and the difference therein , with regard to the Denomination of Coin. p. 14. CHAP. III. Touching the Corruptions of Money and the Remedies anciently used in relation thereunto . p. 19. CHAP. IV. Concerning the manner of answering the King's Firmes anciently . p. 30. CHAP. V. Concerning the manner of collecting the King's Revenues of the County , and the several kinds of them , with their several Titles . p. 33. CHAP. VI. Concerning the manner how the Annual Revenue of the Co●nty was usually answered in the ancient times until 10 E. 1. p. 48. CHAP. VII . The Second Period of the Sheriffs Accompts , viz. how they stood from 10 E. 1. until 34 H. 8. p. 63. CHAP. VIII . Touching the state of the Sheriffs Firmes from the Statute of 34 H. 8. till the 14th year of the Reign of King Charles 1. which is the Second Period . p. 77. CHAP. IX . The Third Period from the 15th year of King Charles 1. untill the year of our Lord 1650 , and how the Sheriffs Firmes and Accompts stood in that intervall . p. 87. CHAP. X. The Fourth Period of the Sheriffs Firmes from the year 1650 unto this day and how they were answered in that intervall . p. 89. A Short TREATISE Touching Sheriffs Accompts . CHAP. I. Touching the ancient and modern Weight and Allay of Sterling Silver . IT will be necessary for the better understanding of Sheriffs accompts , especially in the elder times , to examine these matters , viz. I. Touching the Denomination ▪ Weight and Allay of Sterling Money , the Corruptions thereof in both , and the remedies that have been formerly applied for the reformation of these corruptions . II. Concerning Firmes ▪ their nature , and how they were answered in former times . The first shall be the subject of this Chapter , the second the subject of the next . Concerning the former of 〈◊〉 I shall apply my self singly to the business of Silver Coin , because that was the usual species wherein the King 's Firmes were commonly answered . And first , concerning the Coin of Silver , there are these things considerable therein . 1. The Authority or Power that gives it its Stamp , Weight , Denomination and Value . 2. The Matter of it . 3. The Weight and Denomination . As concerning the first of these , it is , without all question , the inherent Regality and Prerogative of the Crown , to give the Currantness , Allay , Weight , Denomination and extrinsique Value to the Coin of this Kingdom : and as it is a part of his Regality and Prerogative , so it is a part of his Regal Revenue , which is called the King's Seigniorage , or Royalty , or Coinage , viz. ordinarily , on every pound weight of Gold , the King had for his Coin 5 s. out of which he paid to the Master of the Mint , for his work , sometimes 1● . sometimes 1 s. 6 d. Upon every pound weight of Silver , the Seigniorage , or Coinage , answered to the King , in the time of King Edw. 3. was 8 peny weight , pondere , which about that time amounted to 1 s. out of which he paid sometimes 8 d. sometimes 9 d. to the Master . In the time of H. 5. the King's Seigniorage of every pound weight of Silver was 15 d. See Rot. Parl. 9 H. 5. pars 2. N. 15. although the Authorization , Denomination and Stamp of Coin was undoubtedly the King 's right , yet it appears by Roger Hawood , that in the troublesome times of King Stephen , viz. An. Dom. 1149. Omnes Potentes , tam Episcopi quam Comites & Barones , suam faciebant monetam . But Henry the second coming to the Crown , remedied this usurpation of the Baronage : Novam fecit monetam qu●e sola recepta erat & accepta in regno . And since that time , the exercise as well as the right of coining of Money in the Kingdom hath remained uninterruptedly in the Crown . It is true , that by certain ancient privileges , derived by Charter and Usage from the Crown , divers , especially of the eminent Clergy , had their Mints or Coinages of Money . As the Abbot of St. Edmunds ▪ bury , Claus . 32 H. 8. m. 15. dorso : And the Archbishop of York Claus . 5 E. 3. pars 1. m. 10. 19. dorso , and some others . But although they had the profit of the Coin , yet they had neither the Denomination , Stamp , nor Allay : for upon every change of the Coin by the King's Proclamation , there issued over a Mandate to the Treasurer and Barons to deliver a Stamp over to those private Mints to be used . But this liberty of Coinage in private Lords hath been long since disused , and in a great measure , if not altogether , reassumed by the Statute of 3 H. 7. Cap. 6. 2. Concerning the second , viz. the Matter or Species ▪ whereof the currant Coin of this Kingdom hath been made , it is Gold or Silver , but not altogether pure , but with an Allay of Copper , at least from the time of King H ▪ 1. and H. 2. though possibly in ancienter times the Species whereof the Coin was made might be pure Gold or Silver ; and this Allay was that which gave the Denomination of Sterling to that Coin , viz. Sterling Gold , or Sterling Silver : Wherein there will be inquirable , 1. Whence that Denomination came . 2. How ancient that Denomination was . 3. What was the Allay that gave Silver that Denomination . For the former of these there are various conjectures , and nothing of certainty . Spelman supposeth it to take that Denomination from the Esterlings , who , as he supposeth , came over and reformed our Coin to that Allay . Of this opinion was Cambden , A Germanis , quos Angli Esterlings , ab Orientali situ , vocarunt , facta est appellatio ; quos Johannes Rex , ad Argentum in suam puritatem redigendam , primus evocavit : & ejusmodi ●●mmi Esterlingi , in antiquis scripturis semper reperiuntur . Some suppose that it might be taken up from the Starre Jud●eorum , who being the great Brokers for Money , accepted and allowed Money of that Allay , for currant payment of their Stars or obligations . Others from the impression of a Sterling , or of an Asterisck upon the Coin. ▪ Pur ceo que le form d'un Stare , dont le diminutive est Sterling , fuit impresst o● stamp sur ceo . Auters pur ceo que le ▪ primer de cest Standard ●uit coyn en le Castle de Sterlin in Scotland pur le Roy Edw. 1. And possibly as the proper name of the fourth part of a Peny was called a Farthing , and ordinarily a Ferling ; so in truth the proper name of a Peny in th●se times was called a Sterling , without any other reason of it than the use of the times and arbitrary imposition , as other names usually grow . For the old Act of 51 H : 3. called Compositio Mensurarum , tells us that Denarius A●gliae Sterlingus dicitur . And because this was the root of the measure , especially of Silver Coin , as will be shewed , therefore all our Coin of the same Allay was also called Sterling , as five Shillings Sterling , five Pounds Sterling . 2. When this name of Sterling came first in is uncertain , onely we are certain it was a Denomination in use in the time of H. 3. or Ed. 1. and after-ages . But it was not in use at the time of the compiling of Doomsday , for if it were we should have found it there ▪ where there is so great occasion of mention of Firmes , Rents and Payments . Standard del mony en French est appel Pied de mony per Bodin , Pes monetarum , qua●i Princeps ibi pedem figit . Matth. Paris mag . Hist . 220. b. In le 12 an . de Roy John le primier standard del English ▪ mony fuit establish en Realm d' Ireland , et fuit equal al primes , & que l'English mony ne fuit au quart part melior in value que l'Irish , come ceo ad estre depuis le temps del Edw. 4. Et fuit change in Ireland come ceo fuit change in Engleterre . Le primer difference & inequality inter les Standards del English monies , & Irish monies est troue in 5 Ed. 4. car donque fuit declare in Parliament icy que le Noble serra currant en cest Realm pur 10s . & issint fuit que l'Irish Shilling forsque 9d . Dengletre . Hovenden in Rich 1. fol. 377. b. Videns igitur Galfridus Eboracensis electus , quod nisi mediante pecunia amorem Regis ●ui nullatenus habere possit , promifit ei tria millia Librarum Sterlingorum pro amore ejus habendo . Que fuit devant le temps del Roy John ; pur que semble que le temps quant cest money fuit primerment coin est uncertain . Car ascuns diont que fuit fait per Osbright un Roy de Saxon race 160 ans de●ant le Norman conquest . Nummus a Numa que fuit le primer Roy ▪ que fesoit moneies en Rome . Issint Sterlings , alias Esterlings , queux primes fesoient le money de cest Standard en Engleterre . 3. As touching the Allay that is by use and custom fitted to that Money which we call the Sterling , or Sterling Allay ; perchance we shall not find that constancy in the Allay as is generally thought . The Sterling Allay of Gold , according to the Red Book of the Exchequer is this . The Pound weight of Gold consists of twenty four Charats , every Charat weighing half an Ounce of Silver ; and every Charat of Gold consists of four Grains , and consequently every Grain of Gold weighing thirty of these Grains which we call Silver Grains , whereof hereafter . In the time of Edw. 3. the Pound of Sterling Gold consisted of twenty three Charats , three Grains and a half of pure Gold , and half a Grain of Allay of Copper . The Sterling Silver , as it seems to me , in former times had an Allay differing from what it is at this day . At this day a Pound weight of Silver ( viz. 12 Ounces to the Pound , or Troy weight ) consists of eleven Ounces two Peny-weight of fine . Silver , and eighteen Peny-weight of Allay or Copper : every Pound containing twelve Ounces , and every Ounce divided into 20 parts called twenty Peny-weight : For at that time 20 Peny-weight weighed one Ounce , which though the Peny-weight be altered , yet the Denomination continues . And this Allay was in use in the forty sixth year of King Edw. 3. and for some time before , and hath continued ever since . In the Treatise of Money in the Red Book of the Exchequer which seems to be written in the time of Edw. 3. for it mentions the Indentures of the Mint in 23 Ed. 3. it is said the use was then that in every pound weight of Sterling Silver there was sixteen Peny-weight of Allay : the consequence whereof is that the Pound of Sterling Silver then contained eleven Ounces four Peny-weight of fine Silver , and sixteen Peny-weight of Copper . And it should seem by what follows in the Chapter , that in the time of H. 2. the Allay of Copper in Sterling Silver was less than that : For upon every Pound weight of Silver Money they used to allow 12 Peny-weight ad dealbandam firmam ; which seems to be the remedy for the reduction of the Money then currant into fine Silver , sed de hoc postea . But at this day , and for very many reasons , the Allay of Sterling Silver hath been 18 Peny-weight of Copper allowed to 11 Ounces 2 Peny-weight of fine Silver ; thereby making up the Pound weight Troy of Sterling . Vid. Indentures of the Mint , Claus . 46 Ed. 3. m. 18. Dors . Claus . 1. H. 5. m. 35. Dors . Claus . 4. Ed. 4 ▪ m. 20. And this I take at this day to continue the Standard of Sterling Silver . 29 E. 1. Per special ordinance del Roy les Pollards & Crockards fueront decrie & adnul , quel ordinance fuit transmit in Realm d' Ireland & enrol en Exchequer icy , come est troue in Libro rubra Scaccarii , ibid. pars 2. fol. 2. b. En temps E. 1. Denarius A●gli●e , qui nominatur Sterlingus , rotundus fine tonsura , ponderabit triginta & duo grana in medio spic●e . Sterlingus & De●arius sont tout un . Le Shilling con●istoit de 12 Sterlings . 25 E. 3. cap. 6. Le substance de cest denier ou Sterling Peny al primes fuit vicefima pars un●i●e . Et issint continue tanq . 9 E. 3. quant l'ounce del Silver fuit tallie in 26 pence que proportion fuit continue tanq . 2 H. 6. quant l'ounce del Silver fesoit 32 pence ▪ Et cest iusque al 5 E. 4. quant fesoit 40 pence . Et cest iusques 36 H. 8. quant il prepare son journy al Bulloigne & donque fuit divide en 45 pence . Que continue iusques al 2 El. quant l'ounce de pure Silver fuit tallie en 60 pence , & cest Standard remain a cest jour . Et qu●elibet libra de sterling avoit 18d . ob . d'allay de Copper , & nient plus . Et cest allay de sterling Mony les Ordinances ou Statutes de 25 E. 3. cap. 13. & 2 H. 6. cap. 13. font mention , & est contein en touts Indentures fait enter le Roy & les Maisters del Mint . CHAP. II. Concerning the Weight of Coin , and the difference therein , with regard to the Denomination of Coin. THE Pound weight of Gold though it were the same with that of Silver , yet is made up of smaller parts of a different Denomination , every Pound weight consisting of 24 Charats , and every Charat consisting of 4 Grains . The Pound weight of Silver is subdivided into parts of another Denomination ; for every Pound consists of 20 Peny-weights , and every Peny-weight of 24 Grains . This appears by the Books and Records above mentioned . Et touts susdits moneys dargent issint faites serront dallay de Standard de veil Esterling : Cost ascavoir que chescun leivre dargent de cestes moneys de poize tiendra vnze ounces & 2d . de poize dargent fine , & 18d . de poys dallay , chescun peny weight containant 24 grains . So that every Charat in the Pound weight of Gold equals half an Ounce of Silver ; and every Grain of Gold , the fourth part of a Charat , equals 60 Grains of Silver weight . In that old Ordinance , before mentioned called Compositio Mensurarum 51 H. 3. it is said , Per ordinationes totius Regni Angliae ●it una mensura Domini Regis composita , viz. quod Denarius Angliae , qui nominatur Sterlingus , rotundus fine tonsura ponderabit triginta & duo Grana frumenti in medio spic●e ; & viginti Denarii faciunt Vnciam ; & duodecim Vnci●e faciunt Libram , &c. But these thirty two Grains in the middle of the ear of Corn , are the natural Grains , which were the weight of the then English Sterling Peny . But for the better accommodation of Accompts , these 32 natural Grains are reduced to 24 artificial Grains , which , from very ancient time unt● this day are the common measure of the Peny-weight , as the 20 Peny-weight is the measure of an Ounce . Having thus stated the artificial weights of Gold , and Silver , especially the latter , I shall proceed to the comparison that now and anciciently stands between these artificial weights and the Coin of Silver . It is very plain that in the latter end of H. 3. and the beginning of King Ed. 1. and for a long time before , twenty Pence of Sterling Money did weigh an Ounce , and twelve times twenty Pence or twenty Shillings did then weigh a Pound Troy weight : and accordingly as twenty Peny-weight was then an Ounce , and so called , so two hundred forty Pence , or twenty Shillings was a Pound weight , and so called , viz. Libra Argenti . And although at this day the Peny and the 20 Shillings of Silver is much altered in their true weight , yet the Denomination is still retained . The Ounce is commonly divided and estimated by 20 Peny-weight , and 20 Shillings is called Libra Argenti . In the time of King Edw. 1. ( as appears ) an Ounce of Sterling Silver made 20 Sterling Pence , and consequently a Pound of Sterling Silver made 240 Pence Sterling . But process of time hath made a great alteration between the Weight and extrinsique Denomination or Value of Money . In 46 E. 3. it appears by the Indenture of the Mint that a Pound of Sterling Silver made then 300 Sterling Pence . Claus . 46. E. 3. m. 18. And afterwards in 1 H. 5. the reduction of Coin was such that a Pound weight of Sterling Silver made 360 Pence Sterling . Claus . 1. H. 5. m. 35. dorso . Which made the Pound weight of Silver to contain 30 Shillings , and deducting 1 Shilling for Coinage , the Merchant had 29 Shillings for his Pound of Silver brought into the Mint . In the 4th year of Ed. 4. the Pound of Sterling Silver yielded 33 Shillings viz. about 396 Pence in the Pound : and consequently 33 Sterling Pence then made the Ounce of Silver . Claus . 4. E. 4. m. 20. At this day the Ounce of Silver coined contains 5 Shillings , or 60 Pence : and consequently the Pound weight of coined Silver yields 60 Sterlings or 720 pence . So that at this day the extrinsecal Denomination or Value of Money in proportion to its Weight , is three times higher than it was in the time of E. 1. And thus much shall suffice touching the second enquiry . CHAP. III. Touching the Corruptions of Money , and the remedies anciently used in relation thereunto . BY what hath been before said it appeareth , the two special requisites of the currant Coin of this Kingdom are , I. That it be of the true Standard in relation to its weight . II. Of the true Standard with relation to its Allay : and proportionably to these two requisites are these defects , which have hapned in Moneys in modern and ancient times , viz. I. The defect in the due weight of Money which hapned sometimes by counterfeiting the Sterling Money , though with a weight below the Standard . Sometimes by clipping , or otherwise impairing the weight of true Money . 2. The defect in the due Allay : viz. overcharging the fine Silver or Gold with an Allay of Copper more than the Standard , which hapned sometimes by the deceit or ignorance of the officers of the Mint , and sometimes by the counterfeiture of the Coin of England . And by these practices the King's Exchequer ( into or through which the most of the Money of the Kingdom successively came ) was many times surcharged with such defective Money , and the King thereby deceived in his Firmes . And therefore in ancient times there were successive experiments made by the officers of the King's revenue for the discovery and avoiding of these defective Monies and that his Rents might be answered in Money of a just weight and Allay ; which , for the better understanding of ancient Records , remain here to be explicated , viz. Solutio ad Scalam , Solutio ad Pensum , and Combustion , or tryal by fire . The two former being such Remedies as related to defective Weight , and the latter being the Remedy that relates to defect in the Standard of Allay . And , touching this business , although we have very frequent mention of them , in the Pipe-rolls especially , yet the best , and contemporary exposition of them is Gervasius Tilburiensis , or the black Book of the Exchequer , written in the time of H ▪ 2. who gives us the accompt thereof in his first Book , Cap. A quibus , & ad quid inventa fuit Argenti examinatio , who thus expounds it . 1. Solutio ad Scalam , viz. proeter quamlibet Libram numeratam sex Denarios , which it seems was agreed upon a medium to be the common estimate or Remedy for the defective Weight of Money , thereby to avoid the trouble of weighing the Money which was brought into the Exchequer . And this is the meaning of that frequent expression in the ancient Pipe-rolls In Thesauro 100 l. ad Scalam , which seems to be one hundred Pounds , and one hundred Sixpences , or fifty Shillings . 2. Solutio ad Pensum : which was the payment of Money into the Exchequer by full weight , viz. that a Pound , or 20 s. in Silver , numero , or by tale , should not be received for a Pound unless it did exactly weigh a Pound weight Troy , or twelve Ounces , and if it wanted any , that then the Payer should make good the weight by adding other Money although it amounted to more or less than 6 d. in the Pound ( which was the Solutio ad Scalam , as before is mentioned . ) And thus frequently occurs in the Pipe-rolls , In Thesauro 100 l. and pensum , or full weight . 3. Combustion or tryal by fire : which is by Gervase supposed to be set on foot by the Bishop of Salisbury , then Treasurer , ( though in truth it were much more ancient , as appears by frequent passages in the Book of Doomsday : ) and the Author gives the reason : Licet enim numero & pondere videretur esse satisfactum , non tamen materia . Consequens enim non erat ut si pro Libra una numerata 20 Solidos , etiam Libra ponderis respondentis consequenter Libram solvisset : Argentum enim Cupro vel quovis Aere solvisset . And thereupon ensued the constitution of examination of Money at the Exchequer by Combustion . Whether this examination was to reduce an equation of Money onely to Sterling , viz. a due proportion of Allay with Copper ; or to reduce it to fine and pure Silver , and to make the estimate of the Pound or Libra Argenti , reserved of their Firmes to be in pure Silver , and without Allay , doth not so clearly appear . Some think the former ; and therefore that the old expression of Firma alba , blank Firm , and dealbare Firmam , was nothing else but Coin melted down and reduced to the Allay of Sterling , and after blanched , or whited , as is done by the Moneyers with their Sterling Coin of Silver , which is to this day called blanching . Vid. Spelman i● tit . Firmam dealbare . But yet it may seem , by what ensues , that it was to reduce it to fine Silver , and to the estimate of the Pound , or Libra Argenti accordingly ; for it is evident by what follows , that the difference between a Pound , or Libra Argenti numero , and Libra Argenti blanch , was 12 Pence in every Pound : which possibly might be that the allowed Allay of Copper in the Sterling Silver was then twelve Pence weight of Copper in the Pound of fine Silver , whereas it is now 18 Peny-weight in the Pound . This tryal of Silver by Combustion , in those elder ages soon prevailed and obtained against the former reductions ad Scalam , & ad Pensum , as being the onely infallible tryal of the truth of the Metal , whereby the former reductions of Pensum and Scalam became in time antiquated . And this begat the distinction in the old Rolls of the estimate of Money Numero , and the estimate Blanc : and in pursuance thereto the reservations of Rents and Firmes by the King were sometimes Numero , and sometimes Blanc . The reservations of Rents numero were no other but so much Money reserved in Pecuniis numeratis : as reddendo quinque Libras numero was fivescore Shillings , which amounted in common estimation to five Pounds Troy weight : And this was the ancient and usual reservation , and , prima facie , unless the contrary were expressed , upon all Grants of Lands ( reserving so much Rent ) it was intended numero ; that is , so much in Money numbred , and the Firmor was not bound dealbare Firmam , or to make good so much in fine Silver , or , if you will , in such silver as was of the first Allay . The reservation of so much Money , or so many Pounds blanc did enforce the Firmor to make good to the King so much in fine Silver , ( or at least in the purest Sterling ) and therefore such Firmor , when he paid in his Firme upon such a reservation blanc , was bound dealbare Firmam , which was to submit his Money to the test of the fire ; and to answer his Money , and make it good in fine Silver according to the reservation , or to pay in allowance thereof that rate which was the ordinary measure of reduction of it to fine Silver , which was 12 d. for every Pound as shall be shewed . And hereupon grew the common difference which is every-where mentioned in the Pipe-rolls of Firmes numero , and Firmes blanc or alb . Firme . This difference of these Firmes is expounded by the Black Book of the Exchequer , Lib. 2. Cap. Quid sit quosdam fundos dari blanc , quosdam numero , viz. that if a Firme or Tenement were let by the King generally , without expressing blanc or numero , it was to be answered onely numero , unless specially reserved blanc , ( viz. 5 s. blanc . ) But if a Royalty or Franchise were onely granted , then the general reservation of so much Rent , was to be blanc Rent . Porro , Firmam numero dari diximus cum tantum numerando , non examinando ipso satisfit . Cum ergo Rex Firmam alicui contulerit , simul cum Hundredo vel placito quoe ex hoc proveniunt , Firma dealbari dicitur : sin simpliciter fundum dederit ( non determinans cum Hundredo vel blanc . ) numero datus dicitur . And from this diversity of the Rents arising in any County ( some blanc onely , some numero onely , some in both ) arose the diversity in the titling of the Sheriffs Accompts , viz. Firma de remanente Comitatus post terras datas blanc : which was applicable to those Rents of his County , which were answered in fine Silver reduced to the test by combustion , or with an allowance of 12 d. in the Pound in compensation of it . Firma Comitatus numero , was his Firme for those Rents of his County which were onely answered in Money numbred , without reducing them to their fineness by Combustion , or any satisfaction for it : But of this more fully in the ensuing Chapter . I have before mentioned that when any Firme was reserved or answered blanc , the Money was to be melted and answered in fine Silver , or at least to Silver allayed to right and finest Sterling ; or else he was to redeem himself from that trouble by payment of 12 d. in the Pound : So that that Person upon whom there was reserved 5 l. blanc was to pay 5 l. 5 s. if he would not have his Money melted down and made good in fine Silver ( or at least in true Sterling . ) And this appears to be true by infinite Records : Take two or three for instance . In compoto cum Northampton , 21 H. 3. Summa totalis 102l . 3s . 7d . de qua 4l . 9s . 4d . blanc , quoe sunt extensoe ad 4l . 13s . 9d . subtrahuntur ad perficiendum corpus Comitatus & remanet 97l . 13s . 10d . de quibus respondet de proficuo in magno Rotulo . Claus . 13. H. 3. m. 2. Sciatis quod perdonavimus dilectoe Sorori nostroe A. Comitissoe Pembroc centum triginta & quinque Libras blanc , quoe extensoe sunt ad ▪ centum quadraginta & unum Libras , & quindecim Solidos . In Compoto Bedf. & Bucks , 13 E. 3 Nic. Passelew de 18 l. 4 s. 4 d. numero pro 17 l. 7 s. blanc . In all these the proportion riseth very near , bating the small fragments in Pence , that every Pound blanc answered one Shilling over , to reduce it to its value . And hence it is that at this day the ancient Firmors of Cities , as London , &c. which were commonly reserved blanc , do pay the same in Sterling Money , and one Shilling for every pound over : As if 100 l. blanc be reserved , there is answered at this day in the Receipt 105 l. which , as before , makes me suppose that blanc Firme , or dealbata Firma , was in truth when it was reduced to fine Silver , and not barely Sterling : for this advance of 12 d. in the Pound upon such blanc Firmes is still answered though paid in Sterling . CHAP. IV. Concerning the manner of answering the King's Firmes anciently . IN ancient times , viz. about the time of William the first and Henry the second , the reservation of the King 's Firmes and Rents were so many Pounds or Shillings , &c. in Money , and they were answered numero , or in Pecuniis numeratis , untill afterward for the avoiding of corrupt Money , they were reserved in blanc or white Money , which , as before is observed , was intended either of pure Silver , ( or at least Silver reduced to the Allay of Sterling ) and then whitened or blanched , as is used in the Mint to this day , for all Sterling Money : I shall not much contend whether it were the one or the other , but for the most part in this Discourse I shall suppose it fine Silver . But although Firmes were reserved in Money , as the best and commonest measures of values , yet it appears by Tilburiensis , Lib. 1. Cap. A quibus & ad quid instituta fuit Argenti examinatio ; that it was in those ancient times of King W. 2. and H. 1 . usually practised that those Firmes should , according to their values be answered in Cattle , Corn and other provisions ; which perchance in its first institution might be a convenience to the King , to have his Family furnished with provisions in specie , and to the Country , among whom Money was not then very plentifull , and they could better answer their Rents in Provisions . And to the end that an equation might be made between the Rents reserved in Money and the Provision delivered by the Tenants in lieu thereof , the same Tilburiensis tells us , there were certain prices and rates set upon provisions , that the Tenant might know what to pay , and the King's Officers might know what to receive . As for Wheat for 100 men 12 d. for a fat Ox 12 d. &c. which it seems were dilivered to the hands of the Sheriff who , if he firmed the County , might retain it to his own use ; but if he firmed it not he accompted to the King , for these Provisions or their values , as he did for other rates of the County collected by him . But as for Cities and Franchises that were granted out to Firme , because they had not Provisions of this nature to answer , they paid their Rents in Money . Thus , it seems , the King 's Firmes of Rents of his Firmors and Tenants in the Country were answered in the time of King William the first and William his son . But in the time of H. 1. the Tenants were weary of answering their Rents in provisions , and the King 's foreign occasions called rather for a supply of Money , and so the Rents were answered by the Tenants as formerly in Money according to the tenour of their reservations , and the delivery of Victual and other Provisions in lieu thereof ceased . CHAP. V. Concerning the manner of collecting the King's Revenues of the County , and the several kinds of them with their several Titles . THE Sheriff of the County had a double Office : 1. As a Minister of Justice under the King for the preservation of Peace , and Writs issuing from the King's Courts ▪ 2. As the King's Bayliff of his Revenues arising in the County , which was of two kinds . 1. The improving and letting , and sometimes stocking of the King's Demesnes , and such Lands as were seized into the King's hands ( other than such as belonged to the Escheator , as Wardships and Escheats . ) And hence it is that there are upon the accompts , especially of Buckingham and Bedford , allowances made to the Sheriff of that County ut ..... Comitatus . 2. The second part of his Office was in collecting of the King's Rents of his County , which sometimes he did as Custos or Bayly ; sometimes ut Firmarius , viz. he took the Rents to his own use , and answered the King a certain Firme or Rent at his own peril , whereof more in the ensuing Discourse . Now concerning the kinds of the King's Revenues arising in the several Counties , we are to take notice that they were of two kinds , viz. Annual or Casual . The Annual Revenue was again of two kinds , viz. Fixed and Certain , or Casual and Uncertain . The Annual , Fixed and Certain Revenue of the Counties were of these kinds . 1. The King's Demesnes that were in his own hands , or let at Rack rents to Tenants , whereof I have before spoken , and they make not much for that purpose I aim at . 2. Firmes , which were of two kinds , viz. Gross Firmes which were charged upon particular persons , or Cities , or Towns , and so charged in the great Roll ; as thus , Philippus d'Aura debet 2 Marc. de reditu unius virgate terre . And these were thus charged upon these two reasons : 1. Either because they were never parcel of the Sheriffs Firme of this County , ( de quo infra , ) but great Firmes written out to the Sheriff to be answered by the persons upon whom they were charged . 2. Or else they were such as happened to be reserved after the Firme of the County was reduced to certainty and answered by the Sheriffs . Or else , Secondly , they were small rents commonly called Vicontiel Rents ; the Particulars whereof we shall enumerate under their several heads in due time . 3. Common Fines , at first imposed upon Townships , upon several occasions , as for Bon pleder , for Suit and Ward , for excuse of attending the Sheriffs turn : and these grew in process of time to be fixed and setled Revenues . And these again were of two Sorts ; such as came within the Title of Firma Comitatus , and were written out under that general head , viz. sub nomine Vicecomitis : And some again were written to the Sheriff in the particular charge of such and such Townships and Lands , and so charged upon the Towns by the express words of the process . 4. Arrentations of Assarts and Purprestures in Wasts and Forests set by Justices in Eyre , which for the most part were written out in charge against the particular Lands upon which they were charged : and some perchance were demanded in a gross Summ , among other small Rents sub nomine Vicecomitis . 5. Crementum Comitatus , or Firma de cremento Comitatus ; which were some improvements of the King's Rents above the ancient Vicontiel Rents , for which the Sheriff answered under the title of Firma Comitatus . And this Crementum Comitatus or the several small advances of the old Vicontiel Rents , were answered under the title of Crementum Comitatus , or Firma de cremento Comitatus . But those kinds of Firmes de cremento are onely found in the Counties of Bedford , Bucks , Norfolk , Suffolk , Warwick , Leicester , Wigorn and Gloucester : Certain other Summs annually charged in gross upon the Sheriff for certain other small or minute Rents under several titles in several Counties ; as , De Cornagio , de Wardis , Castle de Firma , Purprest & Escaet de diversis Firmis , de minutis particulis , Serjancia de tr̄is assert infra divers forest : all which were charged in gross Summs upon the Sheriff , and sub nomine Vic. without expressing any particulars , or upon whom they were charged , which because they were not common to all Countries , but varied according to the various usage of several Counties , I shall not at large handle , but shall content my self with the enquiry into those that were the common charges of the Sheriffs of every several County , viz. the Corpus Comitatus , and the Proficua Comitatus . The Vicontiel Rents that made up the Sheriffs Firme of the Body of the County , came under various Titles and Denominations in several Counties , viz. 1. Reditus Assize in Cumberland , Hertford , Surry . 2. Firme & feodi Firme in Cumberland , Northumberland , Nottingham , Stafford . 3. Firma antiqua in Huntington . 4. Albe Firme in Norf. & Suff. 5. Blanch Firmes in Ebor ’ , & Suff. 6. Blanc Rents in Kent . 7. Albus Cervus in Dorset . 8. Auxilium Vicecom ’ in Cant ’ , Cumbr ’ , Essex , Hunt ’ , Leic ’ , North ’ , Sussex , Warw ’ , Wilts . 9. Auxilium ad Turcum Vicecom ’ in Devon. 10. Hidage in Berks , Bedf. Bucks , Oxon. 11. Prestatio pro pulchre placitando in Bedf ’ , Bucks . 12. Secta & Warda in Bedf ’ , Bucks . 13. Visus Franci plegii in Bedf ’ , Bucks , Cant ’ , Hunt ’ , Essex , Hertford , North'ton , Somerset , South'ton , Stafford . 14. Certitudines in Berks , Here 's ’ , Rutland . 15. Certi reditus in Lincóln , Leicester , Somerset , South’ton , Warwick & Wilts . 16. Certi reditus ad communem finem in Derby , Nottingham . 17. Reditus pro Warda Castri in Cant ’ , Northum ’ , Oxon , Nor● ▪ , & Suff ’ . 18. Reditus ad Turnum Hundredi in Dorset . 19. Finis antiq●us in Essex . 20. Finis pro secta Curie relaxand ’ in Berks & Oxon. 21. Communes fines in Glouc ’ , Heref ’ , Hert● , ●urry , Suffolc , Salop. 22. Fi●es Aldermanno●um in Sussex . 23. Turnum Vicecom ’ in Essex & Hert● . 24. Secta Burg. & Vill. in Cant ’ . 25. Suit Silver in Staf● . 26. Hundred Silver in Nor● . 27. Faith Silver in Staf● . 28. Pannel Silver in Nor● . 29. Ward Silver in Essex . 30. Certum lete cum Capitag ’ in Nor● . 31. Leet fee in Suff ’ . 32. Soken fees in Suff ’ . 33. Mott fee in Salop ▪ These are the general Titles of those Vicontiel Rents that usually came under the Title of Firma Comitatus , which were written generally sub Nomine Vicecom ' , without expressions of the parti●ulars : But the Sheriff that had a particular Roll of these Vicontiel Rents , delivered in that Roll many times upon his Accompts , though not written especially ●n charge under those names , or in par●icular by the Summons of the Pipe : And thus much concerning the certain Annual Revenue ▪ 2. The uncertain Annual Revenue was the Proficuum Comitatus , which in ancient times when most of the Law-suits were transacted in the Counties and Hundred-Court , was a considerable Revenue . But since that time , viz. about the beginning of E. 1. when much of that business was transacted at the great Courts , this profit of the County sunk to very little . And in my enquiry touching this part of the Revenue , I shall First set down what it was not : Secondly , I shall set down what it was , and how it did arise . 1. Touching the former of these what it was not ; I say , most clearly it w●● not that profit which is now th● onely considerable profit of the Sheriffs employments , viz. the Fees and Perquisites for the execution of Writs , and Process and Execution issuing out of the King's Courts . For , 1. Untill the Stat. of 23 H. 6. c. 10. there were no Fees at all by Law due for any execution of Process or Warrants for the same . Till the Sta● . of 29 El. 2. there were no Fees allowed by Law for levying of Debts or Damages : But by the express provision of the Sta● . of Westminster the first , the Sheriff was bound to execute the King's Process without any Fee , which is no other ▪ but a declaration of the Common Law. 2. In no Viscontil Schedule or Accompt of the County that ever I could see or hear of , is there any Accompt for Fees for execution of Process , or any mention thereof . 3. If the Sheriff did in those elder times take any Fees for execution of Writs , there was no colour of reason that he should 〈◊〉 for that : and if he did take more than a reasonable recompence for his pains , it was more than could be justified , and not at all due to the King. II. But now , as to the Second enquiry , what this Proficuum Comitatus was : And it seems very plain that it was made up principally by these particulars , as most evidently appears by divers accompts of Sheriffs in ancient times , when they accompted ut Custodes or Ballivi , not ut Firmarii , viz. 1. The Fines , Issues and Amercements , and other Profits of the County-Courts , which in those ancient times were very considerable , for it held Plea in all Writs that were Vicontiel , directed immediately to the Sheriff out of the Chancery , viz. by Justices ; and many times not onely personal Suits were removed thither out of inferiour Court-Barons and Hundred-Courts , but also Pleas Real , viz. Writs of Right ; and in ancient time many real Actions , especially Writs of Right were determined in the County . And therefore it is frequent in the old Schedules of Proficua Comitatus , especially in ●orkshire in the times of R. 1. and King John , such as these , viz. De J. S. pro licentia concordandi demimark . De J. S. pro Warrantia Essonii 2 s. and sometimes a Mark ▪ pro mi'a Comitatus , sometimes 10 s. quia retraxit se , Demimark . De pretio bonorum per distringas demimark . Pro transgressione 2 s. Pro falso clamore demimark , &c. So that it appears in the accompt of 20 Johannis Regis , the profits of the bare County-Court of York for one half year amounted to 31 li. which is more than 100 l. in a just estimate at this day . 2. The Profits of the Sheriffs Turns , or the Sheriffs Leets , which had Conusance of matter Criminal , as his County-Court was for matters Civil ▪ and the Profit consisted , 1. In Amercements of Sutors that made default . 2. In the Fines and Amercements of such as were convict of offences inquirable in the turn ; as Nusances , Bloudshed , Assize of Bread and Beer , &c. and these arose usually to a considerable Summ yearly . 3. The Profits of the Hundred-Courts and Wappentake-Courts ; the Profits whereof consisted in the Fines , Amercements and other Perquisites of the Hundred-Court , which the Sheriff sometimes took in kind ; sometimes he let it to Firme . These Baylywicks of these Hundreds , and with them the Profits and Perquisites of Courts were sometimes let to Firme by the King , and in such cases the Sheriff accompted Proficua Ballivatus , which often-times arose to very considerable Summs . In the time of H. 3. the Firmes of the Baylywicks of the Hundreds in Torkshire , beside Stancliff and Strafford , were let for 100 l. 6 s. 8 d. per annum , which was then a considerable Summ , and amounts now in Sterling Money to thrice as much . But as the business and jurisdiction of the Hundred-Courts sunk gradually in their employment , ( whereby the Perquisites now do but little surmount the charge of keeping them ) so now by the Stat. of 23 H. 6. cap. 10. the Sheriff is restrained from letting the Baylywick to Firme ; and most of the Hundreds , at least in many Counties , are disjoined from the County and granted out , some in Fee-farm , and some otherwise , though there have been frequent attempts of rejoining them to the Sheriffs by acts of Resumption . And these are the Profits that made up the Proficuum Comitatus , for which the Sheriff most commonly in ancient time answered as Firmarius at a certain Rent , though sometimes he accompted for it as Custos or Ballivus as ●hall be shewn . And I know no other ▪ Perquisite that made up the Prof●c●●m Comitatus but what is above mentioned ; onely in Northumberland there were some Castle gard-Rents that were in truth Vicontiel Rents , and in their propriety and nature belonged to the Corpus Comitatus , which yet by constant usage were usually answered among the Proficua Comitatus . And thus far concerning the annual Revenue of the County , both Certain and Uncertain , chargeable upon the Sheriffs collection . 2. The Revenue Casual consisted of many Particles under various Heads or Titles , viz. Debts drawn into the Pipe , and thence written out unto the Sheriff . Fines voluntary or compulsary . Seisures of Lands and Compositions , &c. they may be reduced under these three Heads at this day . 1. The Debts written out to the Sheriff from the several Offices , viz. the two Remembrancers , Clerk of the Pipe , &c. 2. The Summons of the Gree● Wax , written to the Sheriff with the Estreats from the Treasurer's Remembrancers . 3. The foreign Accompt , or Seisures of Lands for Debts or Forfeitures . As touching escheated Lands and Wardships they came under the Escheator's charge , and the Profits thereof rarely answered by the Sheriff , unless ●or some few ancient E●cheats . CHAP. VI. Concerning the manner how the Annual Revenue of the County was usually answered in the ancient times untill 10 E. 1. HAving shewed what the Annual Profits of the County consisted of , I shall now descend to the manner how it was anciently answered . The Sheriff , as hath been shewn was the King's Bayly for the collecting of the King's Revenue : And touching the manner of his collecting and answering them , and therein principally concerning those two great parts of the Annual Revenue , viz. the Corpus Comitatus , or when it was in Firme , the Firma corporis Comitatus : And the Proficuum Comitatus , and when it was in Firme , the Firma de profic●o Comitatus ; both which shall be hereafter more fully explained . These Profits were anciently , and are to this day , answered at two Terms in the year , viz. Michaelmas and Easter . But to enable the more effectual levying of them , there always issued to the Sheriff before Easter and Michaelmas , out of the Exchequer a Writ called the Summons of the Pipe , which had annexed to it the charge or Summs for which the Sheriff was answerable , viz. those which were charged upon himself sub nomine Vicecomitis , and those which are charged upon others . The Form of the Writ is recorded in the black Book of the Exchequer , Lib. 2. cap. Qualiter fient Summonitiones ; which continue to this day , viz. Rex Vic ’ Ebor ’ Salutem . Vide ficut teipsum & omnia tua diligas quod sis ad Scaccarium nostrum Westm ’ in Cro ’ Sancti Michaelis , vel in Cro ’ Clausi Paschae , & habeas ibi quicquid debes de vetere firma vel nova : Et nominatim haec debita subscripta . And then the whole charge is inserted which commonly began with these annual Revenues , viz. De Corpore Comitatus ( or if it were in Firme ) De Firma de Corpore Com. 100 bl . De Numero Comitatus 10. De Proficuo Comitatus ( or if in Firme ) De Firma de proficuo Com. 50 And then the Summ in gross charged upon the Sheriff for divers small Rents , and then afterwards all those Firmes that were charged upon particular persons seriatim and in order . And according to the order where in they were written out to the Sheriff , accordingly in effect were the Accompts passed , and the Entries made thereof in the great Roll of the Pipe , onely the particulars in the Writ was their charge of the Sheriff , unto which he was to give his answer upon his Accompt , and then there are entred his discharges . And this Firme continues there to this day , with such alterations as are hereafter mentioned : and therefore the Ordinance or Statute in Libro Rubro Scaccarii , fol. 242. made in 54 H. 3. is nothing else but the stable and fixed method for writing the great Roll , observed both before and since that day . Primò , Scribatur Corpus Comitatus , deinde Eleemosyne constitute , & Liberationes & Bria ’ prisci Vicecom ’ ficut semper fuit consuetum . Deinde oneretur Vic ’ de Firmis pro proficuo Comitatus vel de proficuis : Deinde scribantur omnes Firme tam majores quam minores , &c. And although the certain Debet of the Sheriff could not be known before the finishing of his Accompt , because it could not be known what he levied , and what not ; and what he had paid , and what not ; ( which Accompt was not untill the end of his year ) yet it seems there was anciently an estimate what this constant charge of the annual Revenue amounted unto , and what the constant allowances amounted unto , according to a medi●m , or possibly according to those Firmes and gross Summs which were charged immediately upon the Sheriff Sub nomine Vicecomitis ; and these Summs were paid into the Exchequer at the return of the Writ of Summons of the Pipe , and they were , and are to this day called Profre Vicecom ' , or the Sheriffs Profsers . And by the Statute of 51 H. 3. called Statutum de Scaccario , those profsers are appointed to be paid on the morrow of St. Michael , and the morrow post Clausum ▪ Paschae ; and the payment of these profsers are continued to this day : But although they are paid , yet if upon the conclusion of the Sheriffs Accompt , and after the allowances and discharges had by him , it appears that he be in surplusage , or that he is charged with more than indeed he could receive , he hath sometimes , and for the most part , all his profsers paid or allowed to him again : and so indeed it is but a mock ▪ payment , a payment kept on foot to maintain the old method of his Accompt , but is in effect but so much Money lent , for he hath it ( and justly enough ) allowed to him back again : the reason and justice whereof shall be shewn hereafter . And now to return again from whence we digressed , I shall now search out the meaning of these Firmes , Corpus Comitatus bl . and Numerus Comitatus , and Firma de Corpore Comitatus , and Proficua Comitatus , and Firma de proficuo Comitatus , I mean as they relate to the Sheriffs Accompt for what the things were is sufficiently discovered before . Therefore as to the Corpus Comitatus , I have already shewn in the precedent Chapter , what it consisted of , viz. the Vicontiel Rents of the County ; and they consisted of two sorts of payment , viz. those that were answered in blanch Money , and those ▪ that were answered in Money numbred . And this ordinarily made two titles of the Corpus Comitatus in most Counties , vi● . where there were Firmes of these dif●ering natures , and they are then thus noted , viz. De Corpore Comitatus . 100 l. bl . De Numero Comitatus 50 And they were written out thus generally , without expressing the several Vicontiel Rents , but onely the gross Summs what they amounted to blanc , and what they amounted to numero , or de numero Comitatus . And the Sheriff upon his Accompt was used to bring in a Vicontiel Roll , containing these particular Vicontiel Rents , what they were and what he had levied . By this it appears that in the first consti●●tion of this Vi●ontiel Accompt the Sheriff accompted for these Rents as Bayly or Custos , and answered what he levied though they were written out , and stood upon the great Roll all in a lump , and when the Sheriff accompted thus , he accompted as Custos or Bayly . But in process of time ( but that time very ancient ) the Sheriff for the time being took the Corpus Comitatus or Vicontiel Rents to Firme , which Firme for the most part amounted to very nea● the entire quantity of the Vicontiel Rents . And this Firme in many Counties was very ancient , for we find them mentioned in the Pipe rolls of the time of King J●hn and ● . 1. And by this means the Sheriff was to answer at his peril his Firme , for it became his own debt , and he was to gather up the Vicontiel Rents to his own use to make himself a Saver . She Sheriffs Commission hereupon was with the reservation of the Firme , and although we have not memorials of ●ll those reservations , yet of some we have . Int●r Communia of 19 E. 1. Bedf. Bucks , Rex 16. Jan. Anno 19. Commisit Will. Turvil Com ’ Bedf. & Bucks cum pertinent ’ c●stodient quamdiu Regi placuerit redde●do inde per annum quantum Johannes Palam ●uper Vicecomes eorund●m reddere consuevit . And by little and little this grew into a usage , the succeeding Sheriff answering the Firme of the County , and of the Profits of the County as his predecessor had done ▪ whereby the Firma Comitatus and the Firma de proficuis Comitatus became as setled Firmes charged upon the Sheriff though there w●●e no express reservation of it upon his patent or Commission of Sheriff . And because these Firmes were in their first reservation proportioned to the value and nature of those Rents , which now the Sheriff had , as before the King had them , in specie ; hence the Sheriffs Firme of the County or Body of the County as it was proportionable to the same , answered for the Vicontiel Rents ; so it was proportioned to their nature , viz. because some of the Vicontiel Rents were in blanc Money , the Sheriffs Firme corresponding to that was answered in blanc Money : and some of those rents being answered numero , the Sheriffs Firme corresponding thereto was answered numero . And by this Accompt the charge both upon the Summons of the Pipe and upon the great Roll was altered viz. whereas the former Style of the charge was De corpore Comitatus blanc & numero , now it was changed , viz. De Firma de corpore Com ’ 100 l. bl . De numero Comitatus 40 Ad thus the manner of the charge stood for the times of H. 3. and E. 1. and for some time before , a● least in some Counties : and so it continues to this day with such alterations as shall be shewn . And as the Corpus Comitatus thus by usage grew a Firme , or Rent charged upon the Sheriff , so also did the Crementum Comitatus , in those Counties where such Crementa was answered , viz. De Firma Comitatus 100 l. De numero Comitatus 40 De Cremento Comitatus 10 All being governed by the word Firma ▪ For , as I have said , a long letting of these Vicontiels to Firme , had brought them to be a setled charge , charged upon , and answered by the Sherif● ; and he gathered up the Vicontiels to his own use , to make himself a Saver , and to make good his Firme . And thus much concerning the answering and altering of the charges of the Vicontiels , or the Corpus Comitatus both before and after it was in Firme . 2. As concerning the Proficuum Comitatus , the proceeding was much the same as that concerning the Corpus Comitatus . In the ancienter times , when the Proficua Comitatus was at all answered by the Sheriff , it was answered by him , as Custos or Bayly upon Accompt : Though in some ancient Pipe-rolls , for some Counties we find no distinct mention of it ; as in the Pip●-roll of 19. R. 1. Glouc. Herbertus reddit compotum de 372 l. 14 s. 6 d. bl . de Firma Comitatus . The like , ibid. 13 Johannis . But very frequently afterwards the Sheriffs , when they had the Corpus Comitatus , or the Certain Annual Revenues under a Firme , yet answered the Proficua Comitatus as Custos or Bayly : for instance , Pipe-roll 9 R. 1. Bedf. & Bucks , Simon de Bello campo reddit compotum de 369 l. 19 s. 11 d. bl . Et de 79 l. 8 s. 1 d. numero , de Firma Comita ’ , without mentioning the Proficua Comitatus . But in the Pipe-roll 25 H. 3. Bedf. & Bucks , Paulinus Pejor , ut Firmarius reddit compotum de 369 l. 19 s. 11 d. bl . & de 108 l. numero de Firma Comitatuum . Idem Vicecomes reddit compotum de 100 marc ’ pro proficuo Comitat. And Anno 44 H. 3. Alexander Hampden , ut Firmarius reddit compotum de 369l . 19s . 11d . bl . & de 108l . numero , de Firma Comitatuum . Idem A. reddit compotum de 220 marc ’ pro proficuo Comitat’●icut conti●etur in originali . And in 51 H. 3. Galfridus Rus ut Firmarius de anno 50 reddit compotum de 369l . 19s . 11d . bl . & de 108l numero de Firma Comitat ’ . Idem Galfridus reddit compotum de 180 marc ’ pro proficuo Comitatus de anno 50 . ●icut continetur in quodam Rotulo attachiato originali ejusdem anni . And in the year following , Edvardus filius Regis primogenitus , Bartho● ▪ de Ire●e Subvicecomes ejus reddit pro ●o per breve Regis , compotum de 369l . 19s . 11d . bl ▪ & 108l . numero de Firma Comitatus hoc anno . Idem E ▪ Vic ’ non reddit de aliquo proficuo Comitat ’ quia Rex ei commi●it dictos Comitatus respond ’ inde per annum de antiqua Firma corporis , ●icut co●tinetur in originali anni precede●t●s . And so in the great Roll of 50 H. 3. Glouc. Reginaldus de Ale de 372 l. 14 s. 6 d. de Firma Com ’ . Idem Vicecomes reddit compotum de 80 marc ’ pro proficuo Com ’ & exit ’ ville & nundinorum & Hundredi de Wencham sicut continetur in quodam Rotulo , &c. and so it continued in the time of E. 1. By which it is evident , 1. That sometime there was nothing at all answered pro proficuis , but it was cast into the Firme of the County . 2. That although the body of the County , consisting of a certain yearly Revenue was in Firme , yet often-times the Proficua Comitatus were not in Firme , but the Sheriff accompted for them ut Custos , sometime higher , sometime lower , as the profits arose . But in process of tim● the Proficua Comitatus , at least in some Counties , fell under a Firme , though in some Counties sooner , in some later ; and having once begun to be in Firme , the succeeding Sheriff took it as his predecessour left it ; and so it became in time a setled Firme , though not expressly reserved upon the Patent of every Sheriff . And yet in such cases it was become a setled Firme , by usage and custome ; yet when the Sheriff found that his Firme was too great for these profits ( which were casual , sometimes more , sometimes less ) he was in those elder times admitted to accompt ut Custos , without being bound to answer his entire Firme , unless he saw fit . But that was rarely in use after the time of H. 4. and accordingly it seems to be intimated in that ordinance of 54 H. 3. above mentioned , for writing the great Roll of the Pipe , viz. de Firmis pro Proficuis , vel de Proficuis . And this shall suffice for the unriddling of the Sheriffs Accompts till the 10 and 11 Ed. 1. CHAP. VII . The Second Period of the Sheriffs Accompts , viz. How they stood from 10 E. 1. untill 34 H. 8. WE have in the former Chapter seen how the Statute of the Sheriffs Accompts stood in relation to the annual Revenue of the County , whether Certain or Uncertain , and both stand now reduced under a Firme , viz. 1. The Corpus Comitatus answered under a Firme ; partly blanc , and partly numero . 2. The Proficua Comitatus gradually also reduced into a Firme intirely numero ; but with a liberty for the Sheriff to ease himself of the excess of his Firme above the profits , by submitting to an accompt of these profits as Bayly or Custos . It fell out in process of time that the Kings of England granted away many of those Vicontiel Rents , and the Lands upon which some of them were charged , whereby the Sheriff lost much of what was to make up the Firme of his County . And although the Sheriffs , upon shewing thereof upon their Accompts , had an allowance of that which was so granted away , yet it made a trouble and disorder in the Sheriffs Accompts . And therefore it was necessary to have some provision for the same , but this onely concerned that part of his Firme which was of the Corpus Comitatus , or the Firme of the Certain Annual Revenue . Therefore by the Stat. of R●tland 10 E. 1. this provision is setled . Quod non scribatur de cetero corpora Comitatum in Rotulis singulis , quin scribantur in quodam Rotulo annuali per se , & legantur fingulis annis super compotum Vicecomitis fingula , viz. in ●ingulis Comitatibus ▪ ut sciatur si quid nobis possit accidere in quocunque Comitatu . Reman●nt vero eorundem Comitatuum post terr●s datas scribatur in Rotulis annualibus & onerent●r inde Vicec●mites . In quibus quidem remanentib●s all●●entur liberationes ▪ eleemosyne , &c. Scribantur etiam in eisdem Ro●ulis annualibus Firme Vicecomitum , proficui Comitatus , firme Serjantiar ’ & Assartor ’ , Firme Civitatum , Burgorum & Villarum , & alie Firme de quibus est respo●sum annuatim ad Scaccarium predictum . Scriba●tur i● eisdem omnia debita terminata & omnia grossa debita de quibus spes est quod aliquod inde reddi possit . Item om●ia debita quae videntur esse clara , tit●lum de novis obtatis . Nihil scribatur in Rotulo Annuali ni●i ea de quib●s est spes , &c. De Firmis vero mortuis & debitis de quibus non est spes , fiat u●●s Rotulus , & irrotulentur & legantur singulis annis super Compot ’ Vicecom ’ & debita de quibus Vicecomes respondeba● scribantur in Rotulo annuali & ib● acquietent●r . And by this Act these alterations were made . I. the state of the yearly Rents which heretofore made up the Corpus Comitatus was ▪ examined , and it was considered what parts thereof had been granted out by the King , to the end that the Sheriffs Fi●me of the body of the County might be abated with respect to those grants ; which reduction of the Firme is stiled Remane●tia Firme post terras datas . II. The old stile of Corpus Comitatus was now put out of the charge , and whereas formerly the Sheriffs charge was De Firma de corpore C●mitatus , now it was changed , and the charge was De remanente Firme post terras datas : And accordingly it was forthwith altered in the great Roll , onely when those remaining Rents that were to make good this Remanentia Firme , did consist of Rents blanc , or of Rents numero onely , it was accordingly written , viz. in this manner . De remanente Firme de Com ’ 100 l. bl . De numero Comitatus 50 III. There was to be extracted out of the great Roll the old Rents that made up the Corpus Comitatus and the title thereof , and those Firmes that were Firme mortue or obsolete , illeviable Firmes , and those debts that were desperate , and the great Roll of the Pipe ( which was written every year ) was to be disburthened of them , and they were to be transcribed into another Roll called an Exannual Roll. This Exannual Roll to be yearly read to the Sherif● upon his Accompt , to see what might be gotten : and if any thing appeared to be good , then the same to be recharged again upon the great Roll of the Pipe. IV. But there was no alteration hereby made of the Firma de Proficuis : So that by this Act as in relation to the Firmes and Rents of the County these things were done . 1. Those Firmes or Rents that were wholly granted away , were wholly put out of charge , whether they were assart Rents or Firmes charged upon particular Persons or Land , or that were within the Sheriffs Firme as Vicontiel Rents . 2. If any Vicontiel Rents that made up the Sheriffs Firma de corpore Comitatus were granted out , the Sheriffs Firme was abated in respect thereof . 3. If there were any Obsolete or Dead Rents , that were either Vicontiel Rents or charged upon particular Lands or Persons which had not been a long time answered , they together with the Corpus Comitatus were removed out of the Annual Roll and transmitted into the Exannual Roll read yearly to the Sheriff , to see whether any hope of levying them : but their writing out in charge in the great Roll suspended till they might be after discovered to be leviable . And accordingly presently after the making of this Act , the Firme of the Sheriffs charge in the Summons of the Pipe and the entry thereof upon the great Roll was changed , and this memorial is made upon the Pipe-roll for every County . Corpus hujus Comitatus non annotatur hic , sed annotatur in quodam Rotulo in quo scribuntur omnia corpora Comitatuum Angliae in manu Regis existentia simul cum Firmis mortuis & debitis quasi desperatis quae debe●t singulis annis legi & recitari super Compotum Vic ’ ut sciatur quid inde accidere possit Regi ex quacunque causa que sunt in Thesauro . In quibus etiam continetur quod inde Vicecomites onerentur in compotis suis predictis de remanentibus Firmarum Comitatuum post ●erras datas . Et quod in eisdem remanentibus allocentur liberationes & Eleemosyne constitute & alie allocationes si quas Vic ’ habuerint per Br'ia Regis de eorundem exitibus . And according to this Act and Memorandum the great Roll was certified : for instance , before this Act the great Roll for Gloucester did run thus . J. F. reddit compotum de 372l . 13 . s 6d . blanc . de Firma Comitatus . But after this alteration it runs thus . In the great Roll 12 E. 1. Rogerus de Lockington Vicecomes reddit compotum de 38l . 14s . 11d . blanc . de remanente Firme Comitatus post terras datas . Idem Vic ’ reddit compotum de 80 marc ’ de Firma pro proficuis Comitatus ( which was the old Firme thereof before 10 E. 1. ) So again in the Pipe-roll 10 E. 1. which was the Accompt of the year next before the making of this Act the Roll runs thus , viz. Bedf. Bucks , Richardus de Gollington reddit compotum de 319l . 19s . 11● . bl . & de 108l . numero , de Firma Comitatus . Et reddit compotum de 180 marc ’ de Firma pro proficu● Comitatus sicut Johannes de Chedley reddere consuevit . In the Roll next after the making of this Act it runs thus . Richardus de Gollington Vic ’ reddit compotum de 17l . 7s . bl . de remanent ’ Firme ●omitatus post terras datas sicut supra continetur , & de 108l . de Firma numero . Et Vic ’ reddit compotum de 100 marc ’ de Firma pro proficuis ●icut continetur in Rot. 11 : By which instances these things appear , viz. 1. That the Firma de Proficuis continued the same as before : For therein no alteration was made by the Stat. of Rutland . 2. That the Title of the Firma de corpore Comitatus was changed into the Title de remanente Firme Comitatus post terras datas . 3. That the quantity of the Firmes were reduced to smaller Summs with respect to those Firmes or Lands charged therewith formerly and since granted out . 4. That yet the Titles of Blanc and Numero continued or were omitted as the nature of the Vicontiel Rents that remained ungranted were , viz. When all the blanc Rents were granted out , the Firme de remanente was answered onely numero . Where all the Rents numero were granted the Sheriff answered his Firme wholly blanc . If part of his Rent blanc were granted and nothing of those Rents that were answered numero , he answered the remaining part of his Firme blanc , and the entire residue nume●● . For the Sherif●s Firme of the County before , and de remanente now , did answer to the quantity , and also to the nature or quality of those Vicontiel Rents that he was to receive to make good his Firme . But abating that one alteration from Firma corporis Comitatus to de remanente Firme , and the abridging of the Firme as before , and the discharging both of the Summons of the Pipe and the great Roll of those charges that were transcribed into the Exannual Roll , the rest , both of the charge and great Roll continued as before . But notwithstanding this provision gave some ease to the Sheriffs in relation to those Firmes , yet the charging of them with these Firmes became a matter of continual complaint , for that they were still charged with these Firmes , yet many of the Rents and benefits that should make good their Firmes were sold or became illeviable after Rot. Parl. 25 E. 3. n. 39. Item pry les Commons que touts Vicounts que sont charge de certain Firmes pur les Counties ou ▪ ils sont Vicounts soient discharge de ce● post resceit de lour Baily per cause de Franchises grant Ronne breve soit mand al Treasurer & Barons deschequer quils faient due allowances al chescun Vicount ●ur le render de lour Accompts en chescun case la ou ils voilent quil soit reasonable . And in the same Parliament in 47 , the Sheriffs of Bedf. and Bucks pray to be discharged of the Firmes of the Baylywick of their Hundreds , because those Baylywicks yielded no profit : they are remitted to the Exchequer , Rot. Parl. 45 E. 3. n. 45. The Sheriffs of Essex and Hertford , pray an ease in respect of illeviable Firmes charged upon them , and Hundreds and Rents granted from them : answered , Le Roy lour ad fait grace . By the Statute of 1 H. 4. cap. 11. upon the complaint that the Sheriffs are charged with the ancient Firmes of their County , notwithstanding that great part of the profits of the same be granted to Lords and others : It is enacted that the Sheriffs shall accompt in the Exchequer and have an allowance by their Oaths of the issues of their Counties . Rot. Parl. 11 H. 4. n. 46. & sequent ’ . The Sheriffs of several Counties complain that they are charged with several ancient Firmes which they are not able to levy , viz. Essex and Hertf. with the Firme of the County , and the Firme of the profits of the County : York with the Firme of the County ▪ post terras datas . Devonshire with the remanent ’ Firme C●mitatus post terras datas , the Firma de Proficuis Comitatus , and a certain Firme of 100 marks called blanch Firme . Norfolk and Suffolk with a Firme called de remanent ’ Firme post terras datas , and Firma de Proficuo Comitatus , whereof they complain that they cannot levy any thing , and besides the Hundred and Liberties granted out to the diminution of their profit ; and pray remedy according to the Stat. of 1 H. 4. They are referred to the King's Council to make such pardon and mitigation as they shall think reasonable . Rot. Parl. 1 H. 5. n. 34 , 35. The like complaints are made in the behalf of the Sheriffs , and prayed that they may have allowances out of their Firmes upon their oaths according to the Statute of 1 H. 4. But they have the like answer as before , viz. a reference to the Council . But Rot. Parl. 4 H. 5. n. 24. and 4 H. 5. cap. 2. The like petition is received , viz. that by their oaths they may have an allowance of what the cannot levy out of those great Firmes that are charged sub nomine Vic , ’ viz. Firmes ▪ of their Counties , blanc Firmes de novo incremento , &c. But instead of redress they lost that benefit which the Statute of 1. H. 4. had before afforded them . And it is directly enacted that the Sheriffs shall have allowances by their oath of things casual , which lye not in Firme or annual demand : But of those things which lye in Firme annual , or demand annual , they be charged as Sheriffs in aforetime had been charged . And thus stood the business of the Sheriffs Firmes untill the Statute of 34 H. 8. which is the next Period . CHAP. VIII . Touching the State of the Sheriffs Firmes from the Statute of 34 H. 8. till the fourteenth year of the Reign of King Charles 1. which is the Second Period . WE have seen in the former Chapter how the case stood with the Sheriffs Firme after the Statute of Rutland , and how the Statute of 4 H. 5. cap. 2. bound the Firmes charged upon the Sheriffs , closer upon them than for some years before : and so they continued till the making of the Statute of 34 H. 8. cap. 16. This Statute recites those several Firmes charged to the Sheriff sub nomine Vicecomitis , viz. de remanent ’ Firme post terras datas : Firma de Proficuo Comitatus , and those other minute Firmes demanded sub nomine Vicecomitis . And many of these particular small Rents that made up these Firmes charged upon the Sheriffs are lost or not leviable , or extinguished by Attainders and Dissolutions of Monasteries , and yet the Sheriffs continue charged with their Firmes as formerly . It enacts ▪ 1. That all Sheriffs that have no Tallies of Record shall upon their days of prefixion deliver in Rolls or Schedules of Parchment containing th● particular Summs of Money which he hath or might have levied as parcel of the said ancient Firmes , naming the Person and Lands of which they are to be levied . 2. That after such Schedules delivered the Court shall have power to allow and make deductions in the said Sheriffs Firmes of all such Summs of Moneys as the Firmes shall be more than the Summs in such Schedules shall amount unto . 3. And the Court shall proceed to the recovery of such Summs belonging to the said Firmes as are omitted in such Schedules . 4. That the Sheriff have allowance and discharge of all such illeviable Summs as are written to him in process . 5. That the Sheriff have allowance for entertainment of Justices , &c. But this was but a temporary Act , and discontinued at the next Parliament . But a farther Act was after made for the ease of the Sheriff , especially in relation to those Firmes , viz. 2 and 3 E. 6 ▪ cap. 4. By this it is enacted , 1. That the Sheriff shall have such allowances and Tallies of reward as they had before the Act of 34 H. 8. or may accompt according to the Act at their election . 2. That they that accompt and take no Tally of Record shall be treated in the Exchequer as though the Act of 34 H. 8. were in force . 3. That those that have no Tallies of reward shall have allowance of the Diet of the Justices , &c. 4. That all such Sheriffs as take no tallies of reward shall be discharged of all Firmes , Goods , Chattels , Profits , Casualties , &c. as they cannot levy or come by . 5. That all that have Tallies of Reward shall be discharged of all Firmes and Summs of Money that they cannot levy , except ▪ Vicontiels with which they are to remain chargeable as before the making of the former Act. 6. That Sheriffs shall have allowances of such Vicontiels as are extinguished by unity of possession in the Crown by dissolution of Monasteries . 7. That the Sheriff at his day of prefixion when he is sworn to his accompt , shall be sworn to deliver into the Court of Exchequer , Rolls or Schedules of Parchment containing all the particular Summs of Money which he hath levied or might levy of his Vicontiels or other Firmes , mentioning the Persons and Lands of which they are leviable , and the Court to take care for the levying of such of the Vicontiels , or Firmes , which are omitted out of the Schedules , for saving the King's rights , and to make out process for the same . Upon these Acts these things are observable . I. That those Sheriffs that have Tallies of reward may not discharge themselves of their Vicontiels , viz. the Remanent ’ Firme post terras datas , and Cr̄o Comitatus , and other small Rents charged sub nomine Vicecomitis ( if he take his Tally of reward ) by oath that he cannot levy it , or all of it . II. But if such a Sheriff will wave his Tally of reward , he may accompt according to the Statute of 34 H. 8. and so discharge himself of his Vicontiels or Firmes thereof as well as other Firmes . And the truth is , I think , anciently there were some . Sheriffs that had Tallies of reward , viz. York , Northampton , Cumb'land , Hereford , &c. But since the making of this Act they have waved them , accounting it more beneficial to take the benefit of those Statutes upon their accompt , than to take their Tallies of reward . So that now all Sheriffs have an equal benefit of the Statutes of 34 H. 8. and 2 and 3 E. 6. III. But those Sheriffs that had no Tallies of reward might discharge themselves of their Vicontiels and Firmes de remanente Comitatus , as well as other things that they could not levy . IV. That all Sheriffs , as well those that had or had not Tallies of reward might discharge themselves of the casual charges , or their annual uncertain charges ; and consequently might , and most ordinarily after this Statute did discharge themselves of the entire Firme de proficuis Comitatus , in case the profits of their Counties did not surmount the charge that attended them . And by this means since the making of this Statute , those Sheriffs that were charged with the Firma de proficuis rarely if at all answered any thing for it , because they have always ascertained the Court that there were no such profits beyond the charge in collecting them : or that the charge of keeping the County-Court , the Turns , the Hundred-Courts , which were the things that made up the Firma de proficuis , surmounted the benefit . V. And this making appear was no other than the oath of the Sheriff , that he could not levy this or that Rent , parcell of his Vicontiels , or that there were no Proficua Comitatus , &c. And this oath of the Sheriff hath always been the Warrant to discharge him of all or any part of his Firmes . By which means it hath most ordinarily come to pass that although the Sheriff hath paid in his profers at Easter and Michaelmas , yet when he comes upon his accompt he doth by his oath discharge himself of all his Firma de remanente Comitatus , and thereby most times the King becomes Debtor to the Sheriff for those Moneys which he received as profers , or Moneys due by the Sheriff upon his Firme . And it is but reason ; for the Statute gives him that just benefit to discharge himself by his oath of what he cannot levy or receive . And yet though the Sheriffs have constantly by their oath discharged themselves of the entire Firme de Proficuis Comitatus , and of a great part of their other Firmes of the Vicontiels , or Remanent’Firme , and other Rents charged upon them in gross Summs , by swearing the illeviableness of some of those Vicontiels which make up those Remanent ’ Firme Comitatus and gross Summs , yet constantly after this Act and until the year of our Lord 1650 the entire Firmes , viz. the entire Firme of the Remanent ’ post terras datas , and the entire Firme de proficuis Comitatus , were constantly written out in charge to the Sheriff upon the Summons of the Pipe , and entirely charged upon the great Roll ▪ as they had ever been since the Statute of Rutland , and in the very same manner , though in truth it was for the most part but an idle piece of formality ; for the Sheriffs constantly swear it off by virtue of the Statute . And thus by these Statutes the Sheriff had ease by his oath from that part and those parts of his Firmes that he sweared he could not levy . But the truth is the Sheriffs have taken that part of the Statute which was for their ease , viz. to swear in discharge of their Firmes , but have two much omitted that other part of the Statute that was for the King's advantage , viz. the delivery in upon their oaths the Schedules of their Vicontiels : by which omission possibly many small , but good , Rates have been lost since the Statute of 2 and 3 E. 6. which might have been preserved . Although possibly the far greater part were lost long before , as appears by the complaints of the Sheriffs , in relation to their Firmes , in the Parliament Roll of 11 H. 4. above mentioned ▪ And thus the Sheriffs Firmes stood untill the 15th of King Charles the first . CHAP. IX . The Third Period from the fifteenth year of King Charles the first untill the year of our Lord 1650. And how the Sheriffs Firmes and Accompts stood in that interval . BY an order of the Court of Exchequer made the 25th . Junii , 15 Car. 1. upon the complaint of the King's Firmor of decayed Rents it was ordered that the Clerk of the Pipe should cast up and compute , and severally and distinctly put in charge arrearages of decayed Rents and parcells of Rents , that process and commissions might be made forth thereupon by virtue of the order . But this proved uneffectual , for although the same was done accordingly , yet the King received litte advantage thereby , neither did it at all convenience the Sheriff , or alter the charge written out in the Summons of the Pipe , or upon the great Roll ▪ For the Firmes continued still in charge as before , without any alterations : And though somewhat of small consequence was found out , which might help to make good the Sheriffs Firmes in some particulars , yet the same still fell short , and the Sheriffs were still enforced to make use of the advantage of the Statute of 2 E. 6. to ease themselves by their oath of illeviable Rents , till the year 1650. CHAP. X. The Fourth Period of the Sheriffs Firmes from the y●ar , 1650 unto this day , and how they were answered in that interval . IN the times of the late troubles , viz. 6. Julii , 1650. there was an order made in the Court of Exchequer touching the Sheriffs Firmes and the Vicontiel Rents , which because it hath set a Rule in this Business , which to this day is observed , I shall here transcribe verbatim . Whereas the Sheriffs of several Counties of England stand charged in the great Roll of the Pipe , and have so stood charged anciently with divers Summs of Money in gross , sub nomine Vicecomitis , under the several Titles of de rem ’ Firm ’ Com ’ post terras datas : de veteribus Cr̄i Comitatus . De Firma de proficuo Comitatus . De Cornagio . De Warda Castri . De Firma perprestur & escaet . De emersis Firmis . De minutis particulis . Serjantia de tr̄is Assart ’ infra diversas Forestas , and the like . And the said Sheriffs yearly , and from year to year , have been and still are commanded by the Summons of the Pipe , to levy the same as heretofore to the use of the Crown , so now to the use of the Common-wealth , without expressing where , of whom , for what cause , or out of what Lands or Tenements the same are particularly to be levied by the said Sheriffs , or out of what particulars the said Summs in gross do so arise ; in regard whereof , and that it hath heretofore appeared in the time of King H. 8. upon complaint of the Sheriffs , that a great part of the particular Rents and annual Summs of Money , wherewith the said Sheriffs do stand charged upon their Accompts in gross , had been long before that time payable by Monasteries , Abbots , Priors , attainted Persons , and the like , whose Estates were come to the Crown , and so ought to be discharged by unity of possession ; and yet that the said Sheriffs were still charged in gross with the same , to their great burthen and grievance ; it was in the 34th year of the said late King H ▪ 8. enacted by Parliament in the case of these Sheriffs , and of all Sheriffs for the time to come ; that the said Sheriffs should be charged to answer upon their Accompts yearly such Rents and Summs of Money of the natures aforesaid onely , as by the particular Rentals or Vicontiels , by them to be yearly delivered in upon oath , they should set forth and make appear to be by them leviable ; and that they should be discharged of all the residue which they upon their Oaths should affirm to be illeviable , by virtue of the said Act of Parliament , which hath been so continued accordingly , ever since . Howbeit the Sheriffs have from time to time complained , and still complain against the writing forth of more to be levied and answered by them upon their Accompts , than such Rents and Summs of Money onely as appears upon the oaths of their predecessors , Sheriffs , to be leviable ; and that the rest , appearing to be illeviable , ought to be removed out of their said annual Roll , and Commissions thereupon to be awarded out of the Exchequer , for reviving the same according to the true intention of the said Statute of 34 H. 8. which the now Lord chief Baron , and the rest of the Barons , taking into their serious consideration , and being willing and desirous , so far forth as may stand with the preservation of the due rights of the Common-wealth , to give all fitting ease and satisfaction to Sheriffs therein , according to the meaning of the said Statute of 34 H. 8. and according to the Statute of Rutland , 10 Ed. 1. whereby it is provided that nothing shall be written out to the Sheriffs but such Firmes and Debts whereof there is some hope that something may be levied . And that all dead Firmes and desperate Debts are to be removed from the annual or great Roll into the exannual Roll , and not to be written forth in process to the Sheriff , but to be inquired of to see if any thing may be revived . Whereupon the said Lord chief Baron and the rest of the Barons , calling before them the Clerk of the Pipe , with the Secondaries , and the rest of the sworn Clerks of the said Office , and upon debate of the business , finding it to be a work of great difficulty , labour and care , to examine and set forth in every County , from the Originals and Records of such antiquity to be compared with later times , the particulars which are from henceforth to be written to the Sheriffs to levy in certain . And such as are for the reasons aforesaid to be removed out of the said annual Roll have nevertheless in ease of all Sheriffs for time to come , with respect to the labour and care of the Officers and Clerks to be by them undergone therein . It is this day ordered that the Clerk of the Pipe , the Secondaries and other sworn Clerks of the said Office in their several assignments shall in pursuance of the said Statute of Rutland , and the said Statute of 34 H. 8. use their best endeavour , diligence and care , with as much convenient speed as a work of so great labour and consequence may well be performed , fully to explain and set forth , and shall from henceforth fully explain and set forth , in the subsequent annual Roll of this Court , so many of the particular Rents as they find out and discover by any of the Remembrances , Books , Vicontiels of Sheriffs , or other Records of this Court , to have been , and which be appertaining to the making up of every of the said Firmes so charged in gross Summs as aforesaid , and shall therein distinguish which and how much of those particular Rents have been and are to be yearly answered . And so much of the said Firmes as cannot be explained by setting forth the particulars , together with the particulars so set forth and explained , which have been in decay and unanswered by the space of forty years last past , and which are become illeviable , shall be thereupon removed and conveyed out of the said annual Roll and Sheriffs Accompts into the exannual Roll of this Court. And that Commissions and Process shall be from time to time awarded to regain and recover the same , according to the true intention of the said Statutes . This Order produced these Effects . I. Great care was taken to collect and set forth the obscure Rents , and upon what they were charged . II. The particulars of those Rents and Vicontiels that made up the Sheriffs Firmes formerly , of Remanent ’ Firme post terras datas , and De Cremento Comitatus , as also those Rents that were charged upon the Sheriffs in gross Summs , as De diversis Firmis , De minutis particulis Serjantiarum , and such other charges in gross were wholly left out and omitted . IV. Instead thereof such particular Rents and Vicontiels as made up formerly these Firmes and gross charges , or Money of them as could be discovered were particularly written out in the Summons of the Pipe , and in the great Roll first under the title of several Hundreds , wherein the Bills lay that were charged or had any Lands charged within them with these Vicontiels and the several Vills under the Titles of these Hundreds , and the several Lands that were charged within those Vills , as far forth as could be discovered . V. Those Vicontiels that were part of those Firmes or gross charges , and likewise such particular Rents charged formerly in the annual Roll in particular , which had not been answered in forty years before , were removed out of the Summons of the Pipe and great Roll into the exannual Roll to be put in process as they could be discovered . And thus the form of the charge which had continued ever since 10 E. 1. as to the Firmes and gross Summs , was too lately changed to the great ease of the Sheriffs , of the Court and of the People , who were often harassed by the Sheriffs to make themselves savers , by levying these obscure incertain and illeviable Summs . And all this without any detriment to the King who indeed before had an appearance of great Firmes and Summs expressed in the Summons of the Pipe and great Roll , which yet were sworn off too little by the Sheriffs in pursuance of the Statute of 23 E. 6. VI. But besides all this , the Firma de proficuo Comitatus was also wholly laid aside and put out of the charge of the Summons of the Pipe and the great Roll. It is true there is no clear warrant for putting the Firme out of charge by that order , for that order seems to extend onely to Rents and Vicontiels , which indeed made up the other in Firmes and gross Summs charged upon the Sheriffs . But this Firme was answered for the profits of Courts and other casual perquisites , and not in respect of any Vicontiel or annual Rent . But yet for all that , the true extent of that order might extend to put that Firme wholly out of charge , since it is apparent that the profits of the Sheriffs Courts whether Hundred-Courts , County-Courts or time , do scarce quit the charges of keeping them at this day , nor for a long time past . Neither is the King de facto at any loss thereby , for though before this order this Firme was indeed in charge and carried the shew of some benefit to the King , yet it was wholly sworn off by the Sheriffs by virtue of the Statute of 2 and 3 E. 6. Onely it seems reasonable that though the Firma de proficuis be put out of charge so that the Sheriff should not be compelled to answer a Firme to that which yields little or no benefit , yet that the Sheriff should be charged to accompt for the Proficua Comitatus as Bayly or Custos though not as Firmor . And that therefore there should stand in charge upon him to accompt de Proficuis , which is all that I can find considerable to be supplied in that order , orvin the present methodizing of the great Roll in relation hereunto . And although this order was made in the late time of trouble , yet it hath obtained and stood in force unto this day . The late Act of this Parliament intituled An Act for the preventing of the unnecessary delays of Sheriffs , &c. hath this Clause sutable to the said order , viz. And to the end that Sheriffs may for the time future be eased of the great charge and trouble which they heretofore have been put to in passing their Accompts in the Exchequer , occasioned partly in regard that divers Summs of Money have stood charged upon them in gross without expressing from what persons , or for what cause , or out of what Lands and Tenements , the same are particularly to be levied , or out of what particulars the said Summs in gross do arise , whereby it cometh to pass that the Sheriffs do still stand charged in gross with divers Summs of Money which were heretofore payable by Abbots ▪ Priors , Persons attainted , and such other Persons , whose Estates are since come to the Crown , or are otherwise discharged or illeviable . And partly by the Accompt of Seisures , or foreign Accompts , and by exaction of undue Fees of Sheriffs upon their opposals . But it is enacted , &c. that no Sheriffs shall be charged in accompt to answer any illeviable Seisure , Firme , Rent or Debt , or either Seisure , Firme , Rent , Debt or other matter or thing whatsoever , which was not writ in process to him or them to be levied wherein , the persons of whom , or the Lands and Tenements out of which , together with the cause for which the same shall be so levied shall be plainly and particularly expressed , but shall be thereof wholly discharged without Petition , Plea or other trouble or charge whatsoever . This Act had in effect discharged the old charges in gross , had not this business been before setled by the order of 1650. But by that order the same thing is done and much more , and put into a very good order . And thus I have done with this ●ntricate Argument touching the Sheriffs Firmes . And the occasion of my strict enquiry into it was , a difference between the Auditors and the Clerk of the Pipe : upon the whole debate whereof , I found onely these matters . 1. That , in truth , the great occasion of complaint was , that the Clerks of the Pipe used different methods of accompting from the Auditors of the Revenue , the not observance whereof occasioned a mistaken representation by the Auditors that there was a deceit in their Accompts , whereas it appeared to be no such thing : for when both accompted their several ways , the issue was that the Accompts agreed in the conclusion . 2. That the Firme de proficuo Comitatus was put out of charge without Warrant , and it was thought by the Auditors , a great and considerable loss to the Crown , supposing that the Fees for execution of Process and Writs were to make up that Firme : but this is sufficiently unriddled before . 3. That there was an allowance to the Sheriff of Bucks of a considerable yearly Summ , ut Apparatori Comitatus : This indeed ought not to be allowed at this day , the reason thereof ceasing as hath been shewed ; and therefore from henceforth that charge is to be disallowed , but the Clerk of the Pipe not greatly blamable herein , because there was an order of the Court in the Queens time for making that allowance : But the reason whereupon that order was made was a mistake and an errour in the Court not in the Clerk that followed the order . 4. That there is no accompt given for the Firmes of Baylywicks as was anciently ; which indeed , was parcel of the Proficuum Comitatus , as hath been shewed . But the truth is , there is no great reason for any such complaint ▪ the Firmes of Baylywicks being taken away by Act of Parliament , and levy disused in most places . 5. That when a Sheriff is in Surplusage they make it good unto him out of any other debt by the Sheriff himself , or any other Sheriff of the same or any other County , without any Warrant from my Lord Treasurer or the Court. And besides that , the other Sheriff is discharged upon the Roll of his Debt , and it doth not appear upon what reason . And indeed , this is a thing fit to be reformed , and that such allowances be not made without Warrant from the Lord Treasurer , or Order of Court , and that an Entry or Memorandum thereof be made upon the Roll of the Debts so discharged . But yet , the truth is , this manner of allowance hath been a long time used , and it is no novelty or late attempt , neither is there any great damage to the King by it , for it is but the payment of one real Debt with another . But howsoever , this is fit to be reformed by order of the Court that the Sheriffs deliver not in the Roll of the Vicontiel as is required by the Statute . And it is true , he ought to doe it or should be sworn thereunto . But the necessity is not now so great , because the particular Rents are now charged upon the great Roll by virtue of the order of 1650 , which doth in a great measure supply that defect , and yet the delivery in of the Vicontiel Roll may be fit to be revived . The most of the rest of the complaints were touching particulars mischarged , or not charged , but the Errours were rather in the Complainers than in the Pipe , and for want of a clear understanding of those intricate and obscure proceedings of the Pipe. And upon a full search of the particulars , I find the Clerks of the Pipe gave very clear satisfaction therein . Upon the whole matter of these Accompts , I do observe these Two or Three Observables . I. That the inconvenience of retaining the old formalities of proceedings , the same terms and words , and very same mood of all things in Accompts , when the nature of things and times requires a change , and accommodation of new forms or expressions as a piece of hurtfull superstition ; therefore , although the change of forms of this nature is not to be done rashly and precipitantly , yet when the exigence of things requires it , there must be an accommodation to the present use , understanding and exigence of affairs . And hence it is that the Accompts of the Auditors of the Revenue are more easily intelligible as being framed to the use and exigence of the times ; but the Accompts of the Pipe more mysterious and perplexed , to persons unacquainted with them , for till 10 E. 1. they kept in all things the precise form of writing their great Roll , as had been used in King Stephen's time . And the same form they kept untill 1650 , abating the alterations made in 10 E. 1. not without great inconvenience to the King's people and Sheriffs . II. That these small Rents and Vicontiels would be with much more advantage to the King , and be sold off to the several Persons and Townships chargable therewith , than be kept in method of collection , as now they are , unless some more ready collecting of them by the Receivers could be thought upon , provided the Money arising by sale be laid out presently in more certain Revenue : For , 1. They are in respect of their smallness , and dispersedness , and uncertainty of charge and manner of collecting very subject to be lost , as they have been commonly from time to time . 2. The charge of collecting and accompting for them by the Sheriff is very great , and the trouble and charge to the people very much more . 3. The cost and trouble to the King in respect of Officers writing and other matters relating thereunto , might be well retrenched thereby . And yet when all is done , it brings a great trouble , and makes a great noise as if it were a Revenue of great moment , and yet by that time the Sheriffs have done swearing of particulars as illeviable , or that they know not where to charge it , it becomes a very pitifull inconsiderable business , and scarce answering the charge of the collecting , accompting and answering it . For it must be observed that although by the order of 1650 , the charge is more certain than formerly , yet the Sheriff hath still by the Law the benefit of the Statute of 2 and 3 E. 6. even as to those ascertained Rents , and if he cannot find them he is , and ought to be discharged upon his oath thereof . And accordingly is daily discharged of many of those Rents though rendred much more certain by that order , and the pains and method of the Charge and Accompt , used in pursuance hereof . Whereby in process of time , many , even of these Rents particularly charged by virtue of that order , will be successively lost . Sed de his curent Superiores . FINIS . Notes, typically marginal, from the original text Notes for div A44301-e570 Dy. 6. & ● Ed. 6. ●astal Money . 345. Davies 24. 
A26181	----	The rights and authority of the Commons of the city of London in their Common-hall assembled, particularly in the choice and discharge of their sheriffs, asserted and cleared in answer to the vindication of the Lord-Mayor, Court of Aldermen, and Common-Council. Atwood, William, d. 1705? 1695 Approx. 165 KB of XML-encoded text transcribed from 15 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-01 (EEBO-TCP Phase 1). A26181 Wing A4180 ESTC R28315 10521999 ocm 10521999 45191 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A26181) Transcribed from: (Early English Books Online ; image set 45191) Images scanned from microfilm: (Early English books, 1641-1700 ; 1394:23) The rights and authority of the Commons of the city of London in their Common-hall assembled, particularly in the choice and discharge of their sheriffs, asserted and cleared in answer to the vindication of the Lord-Mayor, Court of Aldermen, and Common-Council. Atwood, William, d. 1705? 28 p. [s.n.], London : 1695. Attributed to William Atwood by NUC pre-1956 imprints. Reproduction of original in the Harvard University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng City of London (England). -- Court of Common Council. Sheriffs -- England -- London. London (England) -- Politics and government. 2006-03 TCP Assigned for keying and markup 2006-06 SPi Global Keyed and coded from ProQuest page images 2006-07 Emma (Leeson) Huber Sampled and proofread 2006-07 Emma (Leeson) Huber Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion THE RIGHTS AND AUTHORITY OF THE COMMONS OF THE City of LONDON , In their COMMON-HALL assembled , Particularly in the Choice and Discharge OF THEIR SHERIFFS , Asserted and Cleared . In Answer to the Vindication of the Lord-Mayor , Court of Aldermen , and Common-Council . LONDON , Printed in the Year MDCXCV . The Rights and Authority of the Commons of the City of London in their Common Hall assembled , Particularly in the Choice and Discharge of their Sheriffs , asserted and cleared . In Answer to the Vindication of the Lord-Mayor , Court of Aldermen , and Common-Council . IF the present Controversy in the City of London be unhappy , and ill-tim'd ; the blame of continuing , if not of raising it , must fall upon that Side , which shall appear to have been in the wrong . But since such a Contest is begun , in some Respects the present Time may be thought propitious , for bringing it to a fair Decision . For , 1. There is the less Danger in it , because it happens chiefly among Men united in the same Cause and Common Interest ; who have always stood up for the Rights of the City , and are likely to manage the Question , who are principally entrusted with the Care of its Rights , without Animosities ; and quietly to submit to Authority , or Conviction . 2. The Learning and Integrity of the present Judges , and the Independency of their Places , assure the right Side of Justice . 3. If it could be imagin'd , that they would be influenc'd by the Court : It is an happiness that there is no colour to suspect , that our present Ministry should interpose to the Prejudice of either's Right . And as no Prince , who is not truly popular himself , can be pleas'd to have Power lodg'd in any great Body of his People ; the Common Hall could not , in any Reign but this , since Queen Elizabeth's , have expected to bring on their Cause without great Disadvantage . And certain it is , there never was so great a Body of Men , of more steady Loyalty to their Prince , than this Common Hall is to his present Majesty King William . Yet I cannot but hope , that this Controversy may be ended , without recourse to Westminster-Hall , or the last resort to Parliament . For to me it seems , there wants nothing to the quieting the Controversy , but the setting it in a true Light : Which I shall endeavour to do with that faithfulness and impartiality , which becomes a constant Servant to Truth , and the Old English Liberties . But I must premise , that tho the Author of the pretended modest Essay , runs the Dispute as high as if the Common-Council and Common-Hall , were like Rome and Carthage ; The sole Point now in Question is , Whether the Lord-Mayor , and Court of Aldermen , by themselves , or in conjunction with the Common-Council , as now composed or acting , have rightful Power to discharge any Person , whom the Citizens assembled in Common-Hall have chosen Sheriff ; and to exempt him , or others , from the Service , for a Year , or Years to come ? Bating what relates to the higher Controversy , he uses but three Topicks to justify the defeating , or vacating the Election of the Common-Hall . I. The Resolution of the Judges , 40 & 41 Eliz. II. By-Laws . III. Custom . Every one of which I shall shew to be fully against him : and that both such By-Laws and Custom , unless of another Nature than is or can be pretended , would be absolutely void . I. The Resolution of the Judges is no more in Substance than this ; That tho the Choice of Officers in Cities and Towns incorporated by Charters , be granted to Mayor and Commonalty , or the like ; yet antient and usual Elections , by a certain select Number , are warrantable , by reason of By-Laws , made to avoid popular Confusions ; by virtue of a Power of making By-Laws given by the Charters . And that tho such By-Laws cannot be found , they shall be presum'd : and that this was by common Assent , because of such especial manner of antient and continual Election . And according to this Resolution , the Elections are said to have been in the City of London . But since the Common-Council do not pretend to chuse the Sheriffs , otherwise than as part of the Common-Hall , which has long been in possession of this Right ; it is evident , that the Resolution of the Judges is so far from proving the pretended Authority of the Common-Council , to set aside Elections made by the greater Body of the City ; that it manifests the illegality of the Attempt : since , according to this Resolution , the Common-Hall is , to this Purpose at least , not only the fullest , but the truest Representative or the Body of Citizens ; who , according to Grotius his Distinction , are the Common Subject of this Power , while their Representatives assembled in Common-Hall , are the Proper Subject by which it is exercised . And if it were admitted , that an Authority to make this Power useless , or to weary them out of it , were by some By-Law given to the Common-Council as now composed ; or that the Custom has so long been on their Side , that such a By-Law is now to be presumed ; yet it is very evident , that there is nothing to warrant it in that Resolution . For besides , that , as I have observed already , it only concerned Elections : 1. The Case is only of such Provisions as have been made , or are presumable to have been made , to avoid popular Confusions : which the Common-Council may , if they please , urge , for the setting aside the Usage for Elections in Common-Hall : But then they must consider , that an Arbitrary Court would be sure to fight them with their own Weapon , and , with parity of Reason , to set them aside . And I submit it to their calm Consideration , whether the indefeazibleness of Elections , without the Consent of those who made them ; or the defeating them at the Pleasure of others , and from time to time requiring a new Choice , be the most likely to occasion popular Confusions ? 2. The Case put is only of Corporations by Charter , and deriving their Power of making By-Laws from such Charters ; in most , if not all of which , that Power is by the Charters lodg'd in a select ●umber there appointed . When , as I shall shew , the Citizens of London were a Body Politick , with Power of making Laws for the Welfare of the City ; and had the ●hoice of their Portreve , since called Mayor , and of the Sheriff of their ●ity , by Prescription , before they had any Charter : Which if they had , tho the Sheriffwick of Middlesex were annex'd to London by Charter ; that would fall under the same Government , and be subject to an Authority independent on any Charter ; especially if such Annexation has been before time of memory , and confirmed by Acts of Parliament . And further yet , if it will appear , that no Charter to the City of London about making By-Laws , appoints any select Number for the exercice of this Power ; it will if possible be more evident , that the Resolution of the Judges has nothing to support the Authority claim'd by the present Common-Council . However it must be remember'd , that the Resolution says , Such especial manner of antient and continual Election , could not begin without common Assent . Since therefore common Assent has plac'd the Election of Sheriffs in the Common-Hall ; it will lie upon the other Side to shew at least the Presumption of common Assent , to place the Discharge in the Common-Council . And they must not for this urge any Act of Common-Council as Authoritative in it self . 2. I do not find that the Vindicator pretends , that the Custom for the Mayor and Aldermen by themselves , or in conjunction with the Common-Council , to discharge a Person chosen Sheriff by the Common-Hall , is so antient , that a By-Law to warrant it , made by the Common-Council as now acting , much less by the Common-Hall , is to be presumed . But he insists upon Positive By-Laws made in the Common-Council , for their excusing any Persons duly chosen , by admitting them to Fine for one Year . This he supposes to have been established by several Acts of Common-Council , one of which he pretends to have transcribed . But certainly no Act ever began with [ and ] as his Transcript does : And it is visible , that what he gives as the whole Act , 7 C. 1. is very lame and imperfect . Had he publish'd the beginning of it , the pretence of more Acts of Common-Council than that one , unless they be of very late and suspected Date , must have vanish'd . For tho , as may appear by comparing it with former Acts , it makes in great measure the same Provisions , and uses almost the same words with some of them , only altering the Penalties , and Values of Estates requir'd for a Qualification , with some other necessary Circumstances ; yet it in express Terms repeals all former Acts made upon that Subject . The Substance of what he is pleas'd to communicate , is this ; If any Freeman of the City , being duly chosen Sheriff , shall not personally appear before the Mayor and Aldermen , at their next Court , unless he have such reasonable Excuce as the Mayor and greater part of the Aldermen then present shall allow ; and there enter into Bond to take the Office upon him in Common-Hall , on Michaelmass Eve ; or shall openly refuse ; he shall forfeit as is there provided ; Unless he shall be duly discharged for want ☞ or defect of Ability in Wealth ; and shall nevertheless remain eligible yearly afterwards , as if he had never been chosen . Upon thus much of the Order it is observable ; 1. That the Excuce to be allowed by the Lord-Mayor and Aldermen , is not for not taking the Office upon him ; but for not attending at the next Court-Day ; and not entring into Bond before-hand , to oblige himself to take the Office upon him in Common-Hall . Now it is probable , that Men may have been out of Town , or detain'd by Sickness , or necessary Affairs , which hindred them from engaging at the next Court-Day to take the Office ; and yet they might appear in Common-Hall time enough to enter upon it . And therefore the Court of Aldermen might be Judges of the Reasonableness of the Excuce , for not engaging before-hand ; or at least not so soon as the Order in strictness requires : and yet there would be no Consequence from thence , That it is in their Power totally to excuse from holding . Further yet it will appear , That this of entring into Bond , was an additional Provision made 34 Eliz. and repeated 7 Car. 1. beyond what was in any former Order ; Nor was there any Custom in the City for entering into such Bond. This therefore being a Creature of Common-Council , might be left to the Discretions of the Mayor and Aldermen , without the least Prejudice to the Right of the Common-Hall . 2. The Excuce of which the Mayor and Aldermen are made Judges , is only such as is reasonable ; so that their Discretion is a legal Discretion : And if the Excuce be for not holding the Office , it is evident that no Excuce for that is to be allowed , unless it be want of sufficient Estate ; in which Case , only , the Party is dischargable by the Words of that Order . 3. Paying a Penalty is not properly any Excuce . 4. He is to be discharged duly ; the Order does not mention by whom : But this , as it will appear , ought to be by the Common-Hall ; either in express Terms , or by implication , in their proceeding to a new Choice . But for what Time the Discharge shall be , will , notwithstanding that Order , be absolutely at the Discretion of the Common-Hall . Some would infer from the Words , [ be shall be yearly eligible ] that the Person who is excused by the Mayor and Aldermen on paying his Fine , shall not be eligible till another Year . Whereas , 1. It must be remembred , that the Excuce of which they are made the Judges , is not from holding ; but tho he should hold , he is subject to the Penalty , if he does not in due time oblige himself to hold . 2. The [ yearly Eligible ] may be in every Year after that Order , when the Penalty should happen to be incurred . Accordingly , the Order speaks only of the Discharge of Persons to be chosen ; and without such an Interpretation as this of [ yearly ] , could not be taken to extend to Persons actually chosen . Or else it may be for every Year following his Default : according to the usual Entries , that such a Man was chosen Sheriff for the Year ensuing . Besides , by the express Words , the Party is Eligible , as if he had never been chosen : And therefore he must remain Eligible , as if he had never paid his Fine ; which follows the Choice . This will be yet more evident , if we compare this with the Act of Common-Council , 19 H. 8. repeated in Substance by that 34 Eliz. with only necessary Alterations ; and by this 7 Car. 1. For it will appear to have been the Intention of this , as well as of former Orders , as indeed it is of most Laws , to oblige Men to their Duty by exacting the Penalty : not to take the Penalty to excuse from their Duty ; much less thereby to exempt from Penalties , when the Offence shall be repeated . And it is observable , that the Order , 19 H. 8. has not the word [ Yearly ] , which gives colour to a Dispute ; it declaring , That such Person shall be Eligible , notwithstanding his paying the Penalty . 3. If there had been any intention of exempting the Offender for a Year , upon suffering the Penalty ; it would certainly have been in the Negative , that he should not be eligible till the next Year . Which , indeed , would have been no very wise Provision ; and , as will appear , directly contrary to the Preamble , and declar'd Intention of that very Order . But for certain , whatever Power may have been entrusted with the Common-Council ; they cannot , according to the known Rule of Law , set aside the City's common Law-Right of chusing any Person capacitated for the Service , without a Clause in the Negative ; that is to say , that they shall not chuse a Person , discharg'd by the Mayor , Aldermen , and Common-Council , upon paying his Fine , till another Year . Tho , as it will appear , it signifies nothing to the Merits of the Cause , what the Mayor , Aldermen , and Common-Council have done , for drawing to themselves Jurisdiction or Authority from a greater and higher Court in being , and full exercice of Authority , and of which they make but a small part ; yet what is call'd Argumentum ad Hominem , is never to be neglected . For to prove , that those very Arguments in which Men place their Strength , make directly against them , is to disarm , if not convince them . To this end it may be of Service to shew , what Provisions had formerly been made in this Matter : and what has been omitted by the Vindicator , out of the Order 7 C. 1. agreeing with those former Provisions . In the 24 th of E. 3. a publick Act or Ordinance had been made , which taking notice , That many sufficient Persons us'd to absent themselves out of the City to avoid the Office of Sheriff ; by means whereof Persons less sufficient were chosen thro their Default ; to the great Mischief of them , and to the Desolation of the City ; and so following to the great Jeopardy of the Franchises of the same : Disfranchises such Absenters , and allows of no Excuce , unless they swear with six Vouchers , that they did not absent themselves for that Purpose . This was manifestly made in Common-Hall : For one Evidence of which it is to be observ●d , that it was on the Feast of St. Matthew , which had been the usual Day for such Elections , till the Day was altered 19 H. 8. And it is observable , that tho the Common-Council 19 H. 8. as some would think , to colour their Authority to alter the Day and Penalty ; say it was ordain'd and establish'd by the Mayor , Aldermen , and Commons , in their Common-Council , 24 E. 3. yet it is plain it was the Common-Council of all those who assembled at that Day for the Election . And the Common-Council , 18 H. 8. voting that antient Act to be put in execution in the Case of one Hynde , and of all other such Offenders ; calls it , according to the Stile it had at the making , An Ordinance made by Walter Turk Mayor , Simon Franceys , and others , [ with the Assent of the whole City ] . It will further appear , that whatever Councils may , before the time of that old Act , have been summon'd to particular Purposes ; no Common-Council separate from them that used to assemble in the Common-Hall , was ever settled as a standing Council , of any considerable Authority , before that time . This publick Act of the whole City , having therefore absolutely required all sufficient Persons chosen Sheriffs to serve , upon pain of Disfranchisement ; and allowing of no Excuce but Insufficiency in Estate ; all Acts of Common-Council allowing any less or other Court , to discharge sufficient Persons chosen , or to exempt 'em from being chosen , must be void in themselves : And , according to what the City has declared in its fullest Authority , is the assuming a Power , not only to injure those Persons , who thro the Default of others , serve before their turn : Which is a stretch beyond the Exercice of a Dispensing Power by the most Arbitrary of our Kings : But as it tends to the Desolation of the City , and hazards the loss of its Franchises ; is beyond , and contrary to , any Power that they can pretend to for the making By-Laws : which can be only for the Benefit of the City . But , in truth it will appear , that Common-Councils after this solemn Declaration of the Sense of the City , only took care to inforce the Substance of what was then enacted ; expressing what shall be adjudged Sufficiency ; and making other Penalties more likely to be effectual , than the Bugbear of Disfranchisement , can be with a wealthy Citizen , who is above his Trade , or any need of the Privileges of the City . Wherefore the Common-Council , 19 H. 8. having alter'd the Day of Election to a more convenient Day than the Feast of St. Matthew ; which was too near the Day on which Sheriffs were to be presented at the Exchequer , making almost the same recital with the Act 24 E. 3. provides , That if the Person chosen shall make Default , he shall pay 200 l. to the Vse of the Commonalty of the City ; 100 l. of which shall be given to him who next serves thro his Default . But expresly declares , That every Person so making Default , at all times be eligible unto the said Room and Office of Sheriffwick ; the said former Act , or any ☞ thing therein contained to the contrary , [ or the paiment of the said 200 l. for such Default , notwithstanding ] . Thus the By-Laws in this Matter stood , till 13 Eliz. when an Order of Common-Council was made , expresly affirming , or confirming , all former Acts of Common-Council , and Decrees of Court , herein . Where Decrees of Court may well be taken to include the Decrees of the Common-Hall pronounc'd on the Hustings ; and consequently that 24 E. 3. as to the requiring Persons chosen to hold , without any Excuce but Insufficiency , stands affirm'd 13 Eliz. That of the 13 th of Eliz. continued the same Penalty as 19 H. 8. but made nothing under 2000 l. to be a sufficient Qualification : Yet that , as well as the Order 19 H. 8. stood in need of some amendment . Wherefore 34 Eliz. it was prudently provided , 1. That the Day of Election being within too few Days of the Time for presenting the Sheriffs at the Exchequer , should be put back to the 24 th of June . 2. There being no sufficient Means of securing the City before-hand , that they might depend on a Person 's standing ; a Bond was required for that purpose . 3. The Penalty proving over-mild , it was rais'd from 200 l. to 400 Marks ; and if the Person chosen were an Alderman , to 600 Marks . 4. It was not express'd , 19 H. 8. what Estate should qualify a Person for the Service ; and the Qualification required 13 Eliz. became insufficient ; wherefore the Order , 34 Eliz. requir'd 5000 l. Upon these Accounts it repeal'd all former Orders about this Matter ; that a more effectual one might take place . But then it must be agreed , that till the 34 th of Eliz. there was no manner of colour to imagine , that paying a Fine could discharge any Man without Consent of the Common-Hall . And as it has appeared already , that 7 Car. 1. made no Alteration herein , or plac'd any Power of discharging or exempting , where it had not been before : Neither did that 37 Eliz. which that 7 C. 1. transcribes as to this Matter . But notwithstanding the requisite Alterations made 34 Eliz. the Expensiveness of Shrievalties , and Mens backwardness to hold , occasioned the Provision , 7 Car. 1. which has given Ground , tho no true Colour , for the present Dispute . That Act repeals all former Acts of Common-Council : but does not pretend to repeal any Act of Common-Hall . So that all the Obligation which lay upon Citizens to be concluded by their own Consent , publickly , and solemnly declared , 24 E. 3. still remains unshaken . Nor does the Act , 7 C. 1. repeal former Acts of Common-Council , as too severely keeping Men to their Duty : but , [ for that the same have not taken so good Effect as might be wished ; by reason that the Penalties and Forfeitures therein contained , have been over-mil'd : and thereby his Majesty's Services have been in danger of Prejudice ; and the good Citizens of this City , by reason of the often refusals of the said Office of Shrievalty , have been much troubled and disquieted . The better to secure good Sheriffs , it appoints the Day of Election to be the 24 th of June . And that no Freeman of the said City , so to be chosen or elected as aforesaid , shall be exempted from the execution of the said Office of Shrievalty , by supposition , or excuce of defect or insufficiency of Wealth ; [ except ] he will voluntarily take his Corporal Oath , before the Mayor , and greater part of the Aldermen , in open Court of Lord-Mayor , and Aldermen for the Time being ; that he then is not of the Value of Ten thousand Pounds , &c. Now considering how the former Provisions were , this is as much as if it said , Whereas according to former By-Laws , no sufficient Person is to be discharged or exempted from holding Sheriff ; and what was Sufficiency then , is not so now ; but the Penalties upon sufficient Persons were over-mil'd : therefore every sufficient Person chosen shall serve , upoin pain of forfeiting the sum of 600 Marks , if an Alderman , and 400 l. if a Commoner : unless he can swear , as is hereby required . Wherefore , according to the plain scope and meaning of this Order , and which , indeed , is expressed in that very Part which the Vindicator uses , no Man is to be discharged , or exempted , but for insufficiency in Estate . But however that Order were ; it is evident , that the Act of Common-Hall , 24 E. 3. is far from being antiquated or repealed : and is of force as to the Obligation , which the Body of the City laid upon every individual Person of the City , and upon all Inferiour Courts or Councils : and if the Penalty be duly taken away , that will not weaken the Sanction of such a declaratory Law. And surely no Man can say , that because of this Alteration , the exempting or discharging a sufficient Person from being Sheriff , will not be to the Prejudice of less sufficient Persons , who shall be oblig'd to serve before their turn : or that it will not tend to the Desolation of the City , and to the Hazard of its Franchises . As I take it , all the Citizens are precluded by this Act from saying otherwise , than themselves did so long since by their Predecessors ; and yet speak in this their standing Law. III. I come now to consider how the Custom has been : which , by what has already appeared , could not signify much , if it were contrary to these By-Laws ; and yet , as I shall shew , that is quite otherwise than the Vindicator would seem to believe . In the * 18 th Edw. II. one John Causton had been chosen Sheriff at the usual time , he not appearing ‖ whether upon personal Notice by Order of the Common-Hall , or upon a Proclamation , is uncertain ; the Aldermen and Commons were summon'd to be at Guildhall the Michaelmas Day next following : On which Day Causton was * disfranchised , and put out of his Aldermanship . And one Alan Gill was chosen Sheriff , and sworn : Afterwards , at the Hustings holden on Monday next after the Feast of Simon and Jude , Causton came and put ‖ himself upon the Mercy of the Mayor , Aldermen [ and Commonalty ] and begg'd to be restored to his former Estate , proffering to take the Shrievalty upon him . The * Mayor , Aldermen [ and Commons ] having the same Day consulted together ; and Respect being had to the Impotency or Insufficiency of Gill ; Causton was admitted to his former State , and sworn Sheriff : after which he was accepted , and sworn at Westminster . Observe , 1. Here was a Disfranchisement by Common Hall , before any Act of other Common Council was made in the Matter : and indeed , as it will appear , before there was any other Common Council ; or any Authority to make By-Laws given or confirmed to the City by any Charter . 2. The Common Hall restores a Man who had been disfranchised . 3. It discharges a Man who had been actually sworn Sheriff . To come to Times after the supposed Settlement of the present Common-Council , and of the Livery Common-Hall . In the 18 th Hen. 8. one Thomas Hinde was chosen Sheriff by the Common Hall : He not appearing , his Default was recorded ; and the Mayor directed the Persons that were of the Common Council of the City , to resort up to their Place accustomed , there to hold a Common Council ; and that all others should abide within the Hall. In that Common Council the Ordinance above-mentioned 24 Edw. 3. was read , and agreed to be put in execution . Hynde not yet appearing ; it was shewn to the Commons by the Common Clerk , in the Recorder's Absence , that inasmuch as the City was destitute of a Sheriff ; and also in consideration , that the Day of presenting the Sheriff at the Exchequer drew near , they should immediately proceed to a new Election . Then the Commons chose Simon Rice on a Saturday . The Day for presenting the Sheriffs being the next Monday , the Commons were appointed to meet on the Sunday . But Rice not being to be found , such Persons as were of the Common-Council were again ordered to resort up to their Place accustomed to Council ; where it was ordered , that every Citizen who had dep●●●ed out of the City since the Friday before , should forfeit 20 l. Thereupon the Commons being ordered to proceed to another Election , chose William Robins : who appearing before the Lord Mayor , Aldermen , and Commons , swore , [ before them all ] that he was not worth 1000 Marks ; upon which Oath he was immediately clearly dismissed . The Commons being again commanded by the Mayor to proceed to a new Election ; the Mayor and Aldermen returned to the great Chamber ; in whose Absence the Commons chose Mr. William Lok : who making humble Supplication to the Mayor , Aldermen [ and Commons ] shewed them , that considering his Youth and great Charges , he was nothing apt nor liable to take the Office upon him : which Mayor , Aldermen [ and Commons ] having Pity and Compassion of the said Mr. William Lok , upon his said Declaration , clearly discharged him for that time , without making of any Oath . The Commons being commanded to proceed to a new Election , the Mayor and Aldermen withdrew as before , and the Commons chose Mr. Nicholas Lamberd , who was sworn Sheriff . At this time it is evident , beyond Contradiction , that though the Lord Mayor gave the Rule , as Chief in the Common-Hall ; and he , with the Common-Council in the Council-Chamber , set the Penalty upon Absenters ; the Discharge of the Persons chosen was in the Common-Hall , and the Act of the Common Hall. Within three Years after this the Authority of the Common-Hall in this Matter , exclusive of all other Powers , is asserted in a very remarkable Instance . They having chosen Sheriff one Mr. Ralph Rowlet , an Officer in the Royal Mint ; the King wrote to the Mayor and Citizens , shewing that Mr. Rowlet was occupied in the Charge of the Mint ; and therefore will'd them , having Knowledg of his Privilege , no farther to inquiet him , but to proceed to a new Choice . Whereupon it was ordered , decreed and determined , by the Mayor , Aldermen , and Commons , that the Persons there named should repair to the King in the Name of the Mayor , Aldermen , and Citizens , in their most humble manner to beseech him , that the Liberties , Customs and Franchises of the City , by his most noble Progenitors granted to the same , and by his Highness ratified and confirmed , may stand , and be in their Strength and Virtue , concerning the said Ralph Rowlet ; that he may take upon him the said room of Sheriffwick , according to the Effect of the same . The Persons so deputed having attended the King , returned with a second Letter ; directed , to our trusty and right well beloved the Mayor of our City of London ; and our trusty and well beloved the Aldermen , Citizens , and Commons of the same . Wherein , as he says , Tendering the entire Conservation , and Maintenance , of the Liberties and Privileges of the City ; and seeing that his learned Councel were absent ; for which Cause he was in suspence and doubt , whether his Letters Patent to Rowlet were of such Force , that by Virtue of the same he ought to be discharged ; he desires them to proceed to the Election of some other Person , [ so to discharge ] the said Ralph Rowlet : Not in Contemplation of the said Letters Patent , but of those Presents , being only of request . Whereupon it was agreed , by the said Mayor , and Aldermen , that a Common-Council should be warned against the Vigil of St. Michael the Arch-Angel , concerning the same : And [ to their Advyses ] in the Premises . The Common-Council meeting , it was then and there agreed , according to the Tenor , and Effect , of the said Letter . It must be own'd , That in the Entries of the Common-Council there are these words ; It is agreed , That the said Ralph Rowlet shall be discharged of the said Office for this time only : And that thereupon the Commons proceed to a new Election . Where they do not pretend actually to discharge him , but agree that he shall be discharged : Which shews , that the Discharge was to be in the Place where another was to be chosen : And they only advised this , or recommended it , to the Common-Hall . That this was only by way of Advice appears farther ; not only by the declared End for which they were summon'd ; but by what follows the former part of the Journal ; which , after mentioning what was done in Common-Council , has these words ; And then immediately , the said Letter was openly read in the Guild-Hall aforesaid , [ to all the Commons in their Liveries , then and there assembled . ] And in like manner were agreed , in manner and form as the said Common-Council had agreed and granted . And thereupon , the said Mayor , Aldermen , and Commons , by one Assent , and Consent , proceeded to the Election of a new Sheriff , in the stead and place of the said Mr. Rowlet . Here 't is observable , 1. That it was held and declared , whether by the Common-Hall , or ordinary Common-Council , it matters not ; That the King's Prerogative to require the Service of his Subjects , could not defeat the Right of the City , to employ its Citizens : Tho' the King had exercised his Prerogative , before the City had applied that Right to the particular Person . 2. That the King did not think it in the Power of the Mayor , and Aldermen , or any other Body of Men , without the Commons , to discharge the Person chosen . 3. That he suppos'd the Choice of another Person , to amount to the Discharge of the first . 4. That tho' the Common-Council among themselves agree , that the Person shall be discharged ; they did not insist upon this Order or Vote , as conclusive to the Common-Hall . But caus'd the King's Letter to be read in Common-Hall . Where all agreed in manner and form as the Common-Council had done before : That is , they agreed to discharge the Party . So that the Agreement of the Common-Council was but matter of Advice , or a probationary Order ; which wanted the Placet , or Fiat , of the Commons . The next Case which I find to this Point , is that of Richmond , 33 H. VIII . In which , as I am informed , the Asserters of the Authority of the Common-Council much triumph : And yet it will prove to have been the Effect of a strong Prepossession ; or of not attending to those governing Passages and Expressions , which will fully explain what may seem doubtful in this , or other Entries of the like kind . Richmond having been chosen by the Common-Hall , and his Election certified to the Mayor , and Aldermen , in the utter Chamber of Guild-Hall ; the Mayor , and Aldermen , are there said lovingly to have confirmed and allowed the same . After this , the Lord-Mayor , and his Brethren the Aldermen , returning [ into the Hall ] Richmond came up unto the Lord-Mayor , and his Brethren the Aldermen , and [ then ] and [ there ] made right humble and hearty Suit , Petition , and Request , both [ unto them ] and [ unto the whole Commons there present ] That , forasmuch as he had not sufficient Estate , It might please [ them all ] to be so good Lord and Maisters unto him , and to discharge him thereof again . Notwithstanding his Allegations and Reasons for his Excuse and Discharge , because it seemed [ unto them ] that he was a Man very meet and hable for the same , his said Petition and Request would not , nor was not granted unto him . He proffer'd his Oath , that he was not worth 1000 Marks : But the Mayor , Aldermen , and Council of the City answer'd , That such Oath was not sufficient without Six Vouchers , according to the late Act of Common-Council . However , he swore to his Insufficiency , before the Mayor , Aldermen , and [ Commons ; ] Whereupon , forasmuch as his own Othe did not discharge him , according to the Laws and Usages of the said City , of and from the said Office ; but that he stood still , and remained chargeable to the same , and expresly refused , and denied there openly to take it upon him , and to meddle withal ; he was sent to Ward for his Disobedience , and Obstinacy , by the whole Court [ and Consent of the Commons ] there assembled . After this , he was several times brought in Custody before the Mayor , and Aldermen , and as often remanded ; till at last he agreed to pay 200 l. to the use of the City , for his Discharge ; and gave Bond for the Money . Thereupon he was discharged from his Imprisonment . Then the Mayor , Aldermen , Common-Council , and [ other the Commoners assembled at Guild-Hall , for the Discharging of the said Richmond ] of and from the said Office , and for the Election of another . Whereupon , great part of the Premises , and the Circumstances of the same , by Mr. Recorder , first to the Common-Council , and afterwards [ to the Commons aforesaid ] [ then ] and [ there ] being substantially , discreetly , and prudently , published and declared [ at length ] the same Mr. Richmond was [ then ] and [ there ] by the said Mayor , Aldermen , and [ Common-Counsail there holden ] clearly discharged for that time only , of and from the said Office , for his said Fine . Here they will take no notice of what was transacted in the first Common-Hall ; where Richmond petition'd [ the whole Commons ] as well as the Mayor , and Aldermen , for a Discharge , which he could not then obtain ; and further , the Commons agreed , That he should be committed to Prison : Wherein they , with the Mayor and Aldermen , acted as a Court of Justice , and Common-Council . If the Council of the City , which urg'd an Act of Common-Council , were the Common-Council it self ; then it is evident , that they acted there but as of Counsel or Advice to the Common-Hall ; in which that Entry places the Authority of Discharging . If they were the Cities Counsel at Law who mention'd this ; then the Common-Council had no share in any part of that Transaction , otherwise than as part of the Common-Council in Common-Hall assembled , who consented to the committing Richmond . Still some will hang upon that part of the Entry concerning the Second Common-Hall , where Richmond is said to be discharged by the said Common-Counsail there holden . When it manifestly was the very same Body of Men , to whom he petitioned for a Discharge , which he could not then obtain ; and by whose Consent he was committed to Prison for his Disobedience and Obstinacy . To give colour to their Sense , they must have it , that tho' Richmond sued to the Mayor , Aldermen , Common-Council , and Common ; who would not then discharge him ; and tho' , after he had fined all met to discharge him , and chuse another ; yet the Commons met only to chuse another ; and the Mayor , Aldermen , and Common-Council , to discharge him . And tho' the Discharge is plainly shewn to have been in Common-Hall , where the Common-Council cannot pretend to act as a Council , with Authority ; and that [ at length ] after the Commons , as well as the Common-Council , had been applied to by the Recorder ; yet they must fansie , that the Common-Council withdrew out of the Common-Hall , and went up to the Council-Chamber , to make a particular Order for his Discharge . Of which there is not the least mention or intimation , in relation to that Second Common-Hall . But , as this is meer Imagination , not only without ground , but directly contrary to the careful and solemn entry of the Proceedings , from the beginning to the end ; it is evident , That the Common-Council was but part of the Common-Counsail , there holden , consisting of Mayor , Aldermen , Common-Council , and other Commoners . Farther yet , if it should appear by other Evidences , as I make no doubt but it will , That the Commons of the City , with their Officers , and Council , assembled in their Common-Hall , or other Folk-mote , in their own Persons , or by Representation ; have , from long before the reputed Conquest to this Day , been and continued the Common-Council of the City ; and that the Common-Hall , wherein Richmond was discharged from serving Sheriff , was a true Representative of all the Commons ; it will be certain that all together were properly called a Common-Counsail . And if the Common-Hall , as now compos'd , be the same with that which discharg'd Richmond ; it will also follow , That the Right of Discharging belongs to this Common-Hall : And that it is the true Common-Counsail , or rather Council , of the City . Take all the Precedents together , as they strengthen and give Light to one another ; and , I think , there can be no question , but they will so explain and govern following Orders of Common-Council , that not one of them shall be taken as a Precedent to the Contrary : Unless it can be shewn , that the Person discharged by the Common-council , has been look'd upon in Law as duly discharged ; before the Commons have allowed of the Discharge , by proceeding to a new Choice ; and even tho' they absolutely refus'd to chuse again . However , lest it should be thought , that all the Entries since the Reign of H. VIII . to 7 Car. I. ( when the Order was made on which the Vindicator lays his chief stress ) are on the Side of the Common-Council ; I shall give the Words of the Journal of the Common-Hall , 1 Eliz. which may govern all the Entries to 7 Car. I. Common Hall. In Congregatione Majoris , Aldror ' & Communitatis , Civitatis Lond ' apud Cuihalde , xxi Die Sept ' Anno Reg ' dnae Eliz. Dei Grat ' Ang ' Franciae & Hiberniae Reg ' Fidei Defensor ' &c. primo . Forasmuch , as Mr. Walter Jobson , Citizen and Cloth-worker of the said City of London , who was lawfully elect and chosen the 11th Day of August last past , by the Commons of this City , one of the Sheriffs of the same City , and of the County of Middlesex , for the Year next ensuing after the Feast of St. Michael the Arch-Angel now next ensuing ; hath since that time signified and given sufficient knowledge unto my said Lord-Mayor , and Aldermen ; that he , by reason of Sickness and debility of Body , wherewith he a long time hath been and yet is fore vexed , detain'd , and troubled ; as he saith , is not in any wise able , to take upon him the exercice and execution of the same Office accordingly . In consideration whereof [ the said Commons ] have this Day eftsoons assembled for the Election of one other able and sufficient Person , to bear and exercise the said Room and Office of Shrievalty for the said time , in the stead a●d place of the said Mr. Jobson ; did this Day elect and chuse Mr. Roger Martin , Alderman , one of the Sheriffs of the said City and County of Middlesex , to have , occupy and exercise the said Office of Shrievalty , from the Feast of St. Michael the Arch-Angel now next coming , unto the Feast of St. Michael the Arch-Angel then next ensuing , acc●rding to the ancient custom of this City in that behalf . Here observe ; 1. That in the First of Eliz. the Common-Hall was a Court which kept the Journals of its Proceedings . 2. That the Matter of which the Mayor and Aldermen had taken Cognizance , was not within any By-Law : So that they could not pretend to any Authority to discharge . Nor is it said that the Party was discharged , tho' they were satisfied that he was not able to hold . Wherefore this Matter represented to the Common-Hall , could be no more than as the Opinion , and Advice , of the Mayor and Aldermen . 3. Accordingly , the Common-Hall takes the Matter into consideration : For they , being assembled for the Election of another , did elect , in consideration of the Matter represented to them in Common-Hall . 4. To put this Matter beyond Controversie , it is observable , That no Common-Council was held upon this Occasion ; and there is no colour of Authority , or ancient Usage pretended , for the Mayor and Aldermen to discharge without the Consent of the Common-Council . Therefore Mr. Jobson must have been discharged by the Common-Hall , or otherwise he continued Sheriff ; which , 't is certain he did not . 5. No other discharge of the Party is mentioned , or implied , than the Common-Hall's proceeding to a new Choice . And if in any following Instances they have proceeded to new Elections , upon such Inducements as they had at the respective times , whether upon taking Fines , or otherwise , the Entries of Clerks can be no Prejudice to their Right so manifest upon many Entries in the Common-Hall Journals . According to what is said in Slade's * Case , The Returns of Sheriffs , or Entries of Clerks , without challenge of the Party , or consideration of the Court , being contrary to common Law , and Reason , are not allowable . And therefore , whatever may have been entred in the Books of the Common-Council , it shall not be suppos'd that the Common-Hall ever admitted any Man to have been discharg'd , till they had actually consented to it ; or did it virtually , in chusing another in his stead . And the same may be applied to Exemptions , of which I will admit there are some Instances to be found in the Books of the Common-Council . 4 th . That no Man was ever duly discharged or exempted , till there was the Consent of the Common-Hall , may sufficiently appear by what I have shewn of the By-Laws and Custom in this Matter . And yet if both favour'd the Mayor , Aldermen , and Common-Council , I shall make it evident , that they would be void in Law. To which purpose I shall shew , 1. That the exempting a Person from being chosen Sheriff within the City of London , and the discharging or amoving one chosen , is contrary to the common-Law Right of the Electors . 2. That it is contrary to their Charters , confirm'd by Parliaments . 3. That Magna Charta , and other Acts of Parliament , declaratory of the Common-Law , have so vested the exemption and discharge in the Electors ; that if their free Consent out of Parliament might divest them of it ; for certain nothing less can . 4. That they have never parted with , or quitted it : Yet if they had , are restor'd to their Right by his present Majesty's gracious Act of Restitution . A Canon of Waltham having , in the Reign of H. 6. been arrested by a Serjeant of the City , in the Close of St. Martin le Grand ; the Legality of it coming in question , because of the pretended Privilege of that Place , granted by W. 1. there called Conqueror . The Mayor , and Citizens justify , and say , All the Close is and ought to be , and of all time beyond memory of Man was , of and in the Liberty and Jurisdiction of the said City : For the verifying which they say and shew , divers Reasons and Evidences . First , they say , That the said City is , and beyond memory of Man was , the Capital City of the whole Kingdom of England , before the rest of the Cities and Towns of the same , adorn'd as well with Honours , as Liberties ; and very many free Customs of divers Kinds : For it was founded of Old by the famous Progenitors of our Lord the King that now is , after the likeness , and manner , and in memory of Antient Troy the Great : and from hence was long called Trinovant . Which City , in the time of St. Edward , King and Confessor , and [ of all time before ] was of it self , and in it self [ one sole and entire County ] , and one sole and entire Jurisdiction and Liberty , [ held at Farm by the said Citizens and their Predecessors ] of the said King and his Predecessors . And the same Citizens then , and from all the time aforesaid , by reason of their said Jurisdiction and Liberty , have among other , such Liberties and free Customs : to wit , to chuse and make of themselves , every Year , certain principal Officers in the said ●●●y , who may faithfully answer the King of the said Farm , and immediately under him , the People of the said City , and others resorting to the same , in Peace and Justice according to its antient Laws and Customs , to rule . And also they could , ought , and for all the times aforesaid , us'd to make other Ministers under them , in aid of the sustaining and 〈◊〉 ●●ising the Premisses : So that all the said time , no Summons , Attachment , Distress , or Execution , ought , or us'd to be made , in the Place where the said Close now is , nor elsewhere in any Part of the City ; unless by the Officers and Ministers aforesaid , except on their failure . And they say , That the said Lord William the Conqueror , before the Foundation of the Church aforesaid , and the making the said Charter , of which before was mention , by the Authority of his Parliament ; and by two Charters which the said Mayor and City here proffer : to wit , by one of them demised to the Citizens of London , the whole said City and County , with all its Appendences , Things , and Customs , to them in any manner appertaining . And by the other he granted , and by the Authority aforesaid confirm'd , to the same Citizens , and their Successors , that they should have the said , and all other their Liberties and Free Customs unhurt , which they had in the time of the said holy King Edward his Progenitor : and that they should peaceably use and enjoy them , &c. And , speaking of other Kings , his Successors , Which Kings severally , some by their Charters , and some by their Charters and the Authority of divers their Parliaments , granted and confirmed , to the said Citizens and their Successors , all the said City and County , with all the Rights , Jurisdictions , Liberties , and Free Customs before-mentioned , with their Appurtenances whatsoever [ in Fee Farm ] . Indeed , I find no Judgment upon this , but it seems the Plea quieted the Dispute . That the Plea was rightly founded , may appear from two considerable Authorities , not to name more . 1. The * Confessor's Law ( received and sworn to by Wil. 1. more than once ) out of which the Passage concerning the Antiquity of the City , and its being founded in Imitation and in Memory of Old Troy , is transcribed : That Law derives the City's Laws , Rights , Liberties , and Royal Customs , from its first Foundation ; and says it has preserved them with an entire Inviolability ; and consequently affirms those Laws , Rights , Liberties , and Royal Customs , to have been at Common Law before any Charter . A † Charter passed in Parliament 1 E. 3. and at the Request of the City , express'd by the Recorder , ‖ enrolled in the King's-Bench soon after . This Charter , mentioning the great Charter's Confirmation of all the City's antient Liberties and Customs , adds , that at the making of that Charter , and in the times of Edward King and Confessor , and of William the Conqueror , and other E. 3 d's Progenitors , the said Citizens had divers Liberties and Customs , as well by Charters of Kings , as without , of antient Custom : Where the Custom is laid from before the reputed Conquest . And thus their Plea above , which I find likewise pleaded or prepared , * 25 H. 8. is in effect warranted by Act of Parliament . It appears that the Charter to St. Martins , which occasioned this Plea , was granted 2 Will. 1. and that in Parliament , for it was at the Queen●s Coronation , which , as appears ‖ by the old Rituals and Histories , could not then be without the Consent of the States : Though in the Charter to be seen in the Tower by inspeximus , there are Words exempting the Place from all secular Jurisdiction ; yet the whole County of London being the City's Farm , Jurisdiction in every part of it was such an Incident as could not be taken away by general Words in an Act of Parliament : According to a Case , * 2 E. 3. wherein it was adjudged , that though the Stat. of Westminster gave an Attaint against a Jury for a false Verdict ; an Attaint would not lie upon a Verdict in the City of London , because of the Credit the Oaths of a City-Jury had by Prescription before the Statute . Since therefore the County of London is the City's Farm , and of such a Nature , that what belongs to the Farm is not separable by the general Words of an Act of Parliament ; neither will the discharging the Sheriffs otherwise than at the Pleasure of the Electors , that is , of the City duly represented , at least for that Purpose , be to be taken from the Electors by a less Authority than a Parliament : And if a Parliament cannot do it by general or doubtful Words , much less can any others . But to evince that the discharging or amoving is incident to the Right of the Election , I must observe , that in other Counties , which are not of Fee , though the Choice of Sheriffs was at common Law in the Freeholders of the Counties , yet the Sheriffs had their Commissions and Authority from the King. And as they have their several Bailywicks under them , they were and are the King's Bailiffs of the whole County ; which in many Records is stiled their † Balliva or Bailywick . And though ordinarily the King constitutes them his Bailiffs for a Year , they at Common Law were amoveable at his Pleasure . But as the County of London is the City's Farm , it is the Sheriff's Bailywick under the City , whose Election and Confirmation constitutes him Sheriff , without any Commission from the King. And because the City is answerable to the King , if the Sheriff be not able , ( though not for his Crimes , which several Charters provide against ) the Sheriffs used antiently to find ‖ Sureties to indempnify the City . The Sheriffs therefore being but Bailiffs to the Electors , in the Nature of the thing , are amoveable or dischargeable by them ; and consequently by them only : unless we suppose two supreme Powers within the City ; which , according to * Grotius's Argument against the Plurality of Gods , are absolutely inconsistent . 2. If there were any Question , whether the discharging Sheriffs at Common Law belongs to the Electors ; Charters confirm'd by Parliament put it beyond Dispute . In a Charter † 1 Joh. after the Confirmation of the Sherifwick of London and Middlesex , with all the Customs and Things to the Sherifwick belonging , at the Rent of 300 l. per annum , with a special saving to the Citizens of London of all their Liberties and free Customs ; it adds , Moreover , we have granted to the Citizens of London , that they from among themselves may make Sheriffs whom they will , and amove them when they will. This is not only confirm'd in general by that King 's Great Charter at * Runny-mead , or Redden-mead , and by H. Third 's Great Charter , under the Cities Liberties , and free Customs ; but by the express words of a Charter , 11 H. III. and by two Acts of Parliament at the least ; one 1 , the other 7 of R. II. In the first of which this is preserv'd , ‖ among other Rights , tho' not us'd : And in the later , tho' not us'd , or abus'd . And all of them are repeated and confirm'd † , 2 E. IV. And that of 7 R. II. is exemplified under the Broad-Seal * , 8 J. I. It is observable , That the managing Part of the City took Care to leave the Parliamentary Confirmations of this , and other Clauses ; which , possibly , they thought too much to favour the Commonalty , out of the Confirmation of their Charter , 16 C. II. However , the Acts of Parliament stood in no need of Confirmation ; and the late Exemplification , of the most considerable of them , confirming the rest , removes the Pretence of their being antiquated , or lost , by any supposed disuse . And , besides what I have mentioned , according to the Cities Plea to the Quo Warranto in Michaelmas-Term , 1681. The entire Benefit of these Charters , in this Point , was confirm'd , 5 H. VIII . 2 E. VI. 1 Mar. 4 Eliz. 6. J. I. 14 C. I. To which , not to mention others , I may add the Statute , ‖ 7 H. IV. which , after providing that Holy Church , the Lords-Spiritual , and Temporal , and all the Cities and Burghs , have , and enjoy , all their Liberties and Franchises before that time granted ; adds , And that the Great Charter , and the Charter of the Forest , and all the Ordinances and Statutes made in the time of our Sovereign Lord the King , and in the time of his Progenitors , [ not repealed ] be firmly holden and kept , and duly executed , in all Points . It may be material here , to shew how the Law , as to the Cities Liberty and Franchise , for the chusing and amoving Sheriffs , was taken in the next Reign after the making that Statute . In the 6th of H V. a Sheriff dying in his Shrievalty , the Mayor , Aldermen , and the more sufficient of the Commons , that is , as will afterwards appear , the Livery-men , were summon'd † before the King in Council , to shew their Right to chuse , upon the death of a Sheriff . They appearing , answer by the Recorder , That , ‖ among other , the Libertus granted to the Citizens of London , and ratified in divers Parliaments , it is con●●i●ed , That the Citizens of London may make Sheriffs of themselves , as often as they will , and amove them when they will. By reason of which Liberty they say That often hitherto , after they have chosen Sheriffs from among themselves , who have behaved themselves ill , or died , as it now happened , they have chosen others in their stead . This Plea was then allowed by the Counsel , or before the King in Council , where such Matters us'd to be determin'd . And it was said to the Mayor and Commons , That they should use as they had done hitherto . Where the Chusers and Amovers are agreed to be the same : And that these were the Mayor and Aldermen , with the more sufficient of the Commons . And , if it will appear , that these were the Livery-men ; here is a Judgment of that time , That , according to the Charters confirm'd by Acts of Parliament , the chusing , and amoving , or discharging of Sheriffs , belongs to the Livery-men , and , consequently , to none besides . If the above-mentioned Charters and Acts of Parliament , in affirmance , as I have shewn , of the Common-Law , are not enough to preserve the Cities Right of amoving , or discharging Sheriffs , as well as chusing them ; and if they may not chuse Persons exempted by Order of a Common-Council , as well as others ; it is in vain to talk of such a thing as Legal Rights : For none can be more firmly and plainly established . If it be said , That the City has this , but not the Citizens which meet in Common-Hall : It may as well be said , That they are not the Electors in any Case ; for whoever are , by Law , the Electors , have Right to disallow Exemptions by others , even by the King himself , as in Rowlet's Case ; and to amove , or discharge , in as full a manner as they have the chusing . Farther yet , Whatever is inconsistent with an undoubted Right , is absolutely void ; but for the Common-Council to discharge a Person whom the Common-Hall and they themselves as Part did chuse by an undoubted Right , is inconsistent , as it makes the Right useless ; and therefore such a Discharge must be void . And the same will hold against Exemptions ; and indeed , if others may exempt , they cannot chuse whom they will. In either Case they are defeated of what the Common-Law and Charters , confirmed in Parliament , vested in ' em . 3. Since therefore , they remain the Electors , it will be a great Question , whether they could barr themselves , or succeeding Common-Halls , from a Right so incident , and annexed to the Election , as the amoving , or discharging , a Person chosen Sheriff ; or exempting Persons being chosen ; according to the Notion of Sir Robert Filmer , and others , of Supreme Power ( in which they mistake only for want of observing how the Power , which is in its Nature indivisible , is seated , and enjoyed . ) To this Matter I may well apply what that great Man , the late Earl of Clarendon , says of the Supposition , That our Ancestors had absolutely submitted to the Will of a Conqueror . If it * can be supposed , That any Nation can concur in such a Designation , and devesting themselves of all their Right , and Liberty ; it could only be , in reason , Obligatory to the present Contractors : Nor does it appear to us , That their Posterity must be bound by so unthrifty a Concession of their Parents . To which I may add that of ‖ Grotius ; No Man can oblige himself by way of Law , that is as a Superior : And hence it is , that the Authors of Laws have Right to change their Laws ; yet any Body may be oblig'd by his own Law ; not directly , but by consequence , ( that is to say ) as he is a Part of the Community ; according to natural Equity , which requires that Parts should be compos'd with respect to the Whole . But here the Electors stand in the Place of the whole Body of Citizens , and therefore might at any time re-assume the Right which belongs to them as Electors . However , that they shall not be thought to have parted with it by Implication , in suffering a Common-Council to act as if the sole Authority in this Matter rested in them ; tho' for a longer time than can be pretended here , may , besides the reason of the thing , appear : 1. From observing some parallel Cases . 2. From the Resolution of Judges , directly in this Point . First , I may observe some Cases , of many , wherein a greater length of time than is supposed here , can take away no Right . 1. Discontinuance of part of the Services , belonging to Tenure , when the Lord of a Mannor has been possessed of other Part , or at least of the Principal ; as in Bevil's Case . According to which , possession of the Right of Chusing carries with it the incidental Right , of Exempting and Amoving , or , Discharging . 2. Where a Custom which has long obtain'd , is contrary to the Common-Law Right , confirm'd by Magna Charta , of a considerable Body of Men. Thus from the Precedent in the Case of the Earl of Warwick , 14 or 15 H. VII . a Custom and suppos'd Prerogative had obtain'd , for the King to name a select Number of Peers to try any one of them for his Life . And this is supported not only by the Opinion of the Lord Coke , but by the Year-Book , 1 H. IV. where there is a formal Account of the Trial of an Earl of H. in such manner , at that time . When it appears by the Summons to Parliaments at that time , that there was no other Earl of H. besides the Earl of Huntington : And the Record * of 2 H. IV. shews , that he being taken in open Rebellion , was executed by the People without any Legal Process . This , and other Evidences of the Right of the Lords to fair Trials , having been communicated to several of them , occasioned their Resolution , Jan. 14. 1689. That it is the ancient Right of the Peers of England to be try'd only in full Parliament , for Capital Offences . Which they explained three Days after , excepting Appeals for Murther , or other Felony . Which Resolution was 189 Years since the Precedent to the contrary , which had been followed ever since to that Day . 3. It is to be consider'd , That the Right here in question , is a Right belonging to the Citizens of London by Prescription , confirm'd by Charters and Acts of Parliament : And a Right , which , as has appear'd above , the present Representatives of the Citizens , for the election of Sheriffs , were possess'd of in the Reign of H. VIII . if not as late as 1 Eliz. But if the Custom ever since , or for a much longer time , had placed the Exemption and Discharge in others ; such a Custom could not destroy the Cities prescriptional Right : For tho' Interruption may destroy the prescriptional Rights of particular Persons , it shall not such Rights of Cities and Boroughs , as may be regularly exercised without confusion . Accordingly , tho' some ‖ Boroughs never sent Burgesses to Parliament above once , twice , or thrice , in one or two , and some not in three hundred Years , they , in pursuance of several Votes of the House of Commons , from the 18th of J. I. downwards , have been restored and remitted to their Antient Right : As (b) Agmondesham , St. Albans , Alverton , alias Allerton , Andover , (c) Asperton , Beverley , Botolph , Dunster , Fawy , Gatton , Herewich , Honyton , Lancaster , Leychesfeld , Lee , (d) Malton , Marlaw Magna , Okhampton , Oreford , (e) Pontefract , Preston , Richmond , Seaford , Web●eley , Wendover , Wych . I shall take leave to observe what is cited upon this Occasion , in one of the Reports of the ●ommittee of Privileges , An. 1628. from Hankford , 11 H. 4. The long discontinuance might come from Poverty , or the nescience or neglect of the Sheriff . Tho for certain , in so long a Succession of Parliaments , these Burroughs had sufficient Opportunities of freeing themselves from any Prejudice which might arise from such ●●science , or Neglect ; and by so long a Sufferance , seem to have given up their Right : Yet it appears to be a Right of such a Nature , as is assumable whenever they are in a condition to exercise it . For evidence of which , I take leave to add a farther Instance , that no discontinuance , tho for several hundreds of Years , shall destroy such a Right . Which is the Case of St. Edmond's Bury in Suffolk . This by King * Cnute's Charter , confirm'd by † Edward the Confessor , and afterwards by W. 1. and ( whatever some talk of the publishing his Laws in French ) according to the Usage of his and former Times ‖ published or proclaimed m●re than once , in the Sax●n Tongue ; appears to have been a Burrough , from the Time of K. Edmond , who died about 800 Years since , and yet but one Precept can be found for this Burrough to send Members to Parliament till within late Days : and that single Precept was as early as 30 Edw. 1. nor was there any Return upon it . But this appearing to have been an Antient Burrough ; the right of being represented in Parliament was such an Incident , as no discontinuance could sever . 4. Nothing appears to the contrary , but that from the Time that this Common-Council receiv'd its Settlement , whenever that was , they have been chosen by the Inhabitants in the several Wards , free and unfree : tho directly contrary to the Charters , which place the Rights of the ●ity in the Freemen . And thus it continued , till the Mayoralty of that prudent Magistrate , Sir Thomas Stamp : When it was declared , That it is , and antiently hath been , the Right and Privilege of the Freemen of the said City only , being Housholders , paying Scot and bearing Lot , and or none other whatsoe●er , in their several and respective Wards , from time to time , as often as there was or should be occasion ▪ to nominate Aldermen , and elect Common-Council-men , for the same respective Wards . There is not in that Act the least intimation , that there ever was a Custom for the Freemen to chuse , exclusive of all others : And yet the Sense of the Common-Council was , that such Right remained , notwithstanding the long Disuse , and the usurpation of Foreigners , with the Permission of the Freemen . 2. Among Resolutions of Judges , directly to the present Point , I may very well use that which is cited on the other Side , 40 & 41 Eliz. According to which , it is to be presum'd , that Common Assent has placed the Elections of Sheriffs in the Livery-men : but the Claim or Exercice of Authority to discharge or exempt a Person chosen , can have no Foundation in Law , unless transferred from the Electors to others , by the express Common Assent of the Electors , or at least such as is presumable to have been very long since given : for which Presumption , I challenge any Man to shew the least Ground . But there is another Resolution of Judges of yet greater Authority ; that 40 and 41 Eliz. being extrajudicial upon a Case put at Serjeants-Inn . Whereas I shall shew a formal Judgment , that Common Assent , to be of any Force in such Case , ought to be express , and not by Implication . The Judgment follows in these words : 3 d. It was agreed by Coke , Chief Justice , and the whole Court , in this Case of Colchester , concerning their Corporation , that if there be a popular Election of the Mayor , and Aldermen , in Corporate Towns , and this happens to breed Confusion amongst 'em , this may be altered by their Agreement , and by the common Assent of all , to have their Elections by a fewer Number ; but not otherwise . But if by their Charter they are to be elected by them all : then this is not to be altered , but by and with the general Assent of the whole Town , and so by this means to take away Confusion . This is so plain , that it needs no Comment , only that it must not be objected , that this speaks only of Elections , not the discharging of Persons chosen , or any other Incident . For if even in the Case of Elections , where there is a Necessity to restrain the Numbers of Electors , to avoid Confusion ; this Restraint will not bind without a general Assent ; much less can it be pretended , that where Elections can be , and are , duly made , it shall be in the Power of others to defeat or vacate the Election ; and put the Electors in danger of wanting sufficient Men to serve , or of Confusion by Elections often repeated : when the Power of doing this was never parted with in express Terms , or so much as by Implication . 4. But that the Common-Hall have never parted with this ; or if they had , are restored to it , may very easily appear , if we consider , 1. That the Right of chusing what qualified Persons they please , or amoving or discharging 'em at pleasure , is not only vested in 'em by common Law , confirmed by Charters , and Acts of Parliament ; but has been exercised by the Common-Hall , not only before the supposed Settlement of the present Common-Council , and the Livery Common-Hall , but after ; and that in Instances very remarkable , and fully expressive of their Authority . And if there had been any Discontinuance , their adhering to their Choice of Sir Christopher Lethieulier , and Sir John Houblon , and obliging them to hold , after they had fined ; according to a known Term in Law , would work a Remitter , by which they would be restor'd to their best Right , which is so favour'd in Law , that if one who has been disseis'd of Land , enter under a Lease from the Disseisor ; he shall be adjudg'd to be in Possession upon his former Right . 2. That whereas the Vindicator will have a supposed Custom for the Mayor , Aldermen , and Common-Council , to discharge , or exempt , to have been confirmed by the late Act , restoring the City Charter ; it restores to the Mayor , Commonalty , and Citizens , all their Rights , [ which they lawfully had ] at the recording or giving the Judgment : But surely a Custom of so late Days as this is , take it with the greatest colour of Pretension , ( especially when the Custom is of such a Nature , that whatever Entries may have been in the Books of the Common-Council , the Common-Hall's unanimous Choice of any other Person , may be well taken to have been the only legal Discharge ; as it plainly was so late as 1 Eliz. ) cannot come within the meaning of those words ; and that to the Prejudice of a Right which Magna Charta , and so many other Charters and Statutes ; and some of them not very Antient , have vested in the Electors . Wherefore the lawful Custom in this Matter , used by the Common-Hall , from the beginning , till within the Time of Queen Elizabeth , and of which they were possess'd at the making the Statute , 2 W. & M. is indisputably restored and confirmed by that Statute . And if all this cannot fix a Right in the Common-Hall , I must needs think the Rights of English-men very precarious . Which leads me to the higher Controversy ; where the Vindicator supposes , that if there has been no former By-Law or Practice , directly in this Point ; yet the Common-Council may exercise such a Power , by a Right inherent in them , as the City's Legislators , who were not only prior in time to the Livery Common-Hall , but gave being to 'em in the Time of E. 4. and can controul their Acts. Not here to insist upon the plain Consequence of these Assertions , that if what the Vindicator holds be true , the Common-Council may not only place Elections of Sheriffs in themselves , but of all other Officers , and even of Members of Parliament , and Common-Council Men ; and make themselves a Body of perpetual Continuance , supplying Vacancies by the Choice of the Survivers ; and so by one single Act of a Common-Council overthrow all the Rights of the City ; to leave this Reflection to be improv'd by others . I shall prove , that the present Common-Hall is by Law chiefly entrusted with executing the Powers given by Common Law , and Charters confirmed by divers Parliaments , to the Body of Freemen : Where I shall shew , 1. That the Rights and Liberties of the City rested in the whole Body of the Freemen : and the whole Body of them have regularly voted in making Laws , for the Benefit and Government of the City , before they had any Charters , and since . 2. That whoever are legally possess'd of the publick Common-Hall , are intituled to all the Authority which the whole Body ever had : especially in those Matters wherein the present Possessors exercise Authority : and that the Livery-men have this Right . 3. That a Representation of the Commons , by the Mysteries , was settled in the Council-Chamber , with Authority to make By-Laws , before any Common-Council of the present Form had such Authority . And , however , that the Authority of that Council was soon taken away by Act of Common-Hall ; and lodg'd for some time in the Representation by the Mysteries . 4. That whoever are intituled to the Council-Chamber ; that Council is a meer Creature and Committee of the Common-Hall , by it entrusted with the dispatch of some things ; and for preparing others for its ease . And whatever Power they have about Circumstances , cannot by their Act deprive the Common-Hall of any Right . 5. That there is no colour to believe , that the Common-Hall , as now compos'd , received its Being or Authority from such Common-Council as now acts : or from any thing but the general Consent of the Freemen , express'd in some Act of Common-Hall , before the Time of E. 4. or imply'd in the long submission of the rest of the Freemen , before that Time , or since . ( 1. ) As I before observ'd , the Confessor's Law derives the City's Laws , Rights , Dignities , and Royal Customs , from its first Foundation . I may add , that it says , in every County there ought to be a (a) Folkmote on the first of the Kalends of October , there to provide who shall be Sheriff , and who shall be their (b) Heretochs : and there to hear their just Precepts , by the Counsel and Assent of the Peers , and [ Judgment of the Folkmote ] . That London had such a Folkmote , and the Judgment of that Folkmote extended to the making By-Laws , before the Time of the Confessor , appears by the following Instance . In the Time of King (c) Athelstan , above 120 Years before the reputed Conquest , Laws had been made at Gratelie , Exeter , and Winresfeld ; or rather the Laws made at Gratelie , were ratified at the two other Places ; all the wise Men not being able to meet at the first . These Laws are not only received by the Earls , or rather Companions , and Townsmen , or Citizens of London ; but they make considerable Additions to them for the Good of the City . (d) Their Act or Judgment is called the Constitution , (e) which the Bishops , and Head-boroughs , who belong to the Court of London , have made or published : and which the Earls , or rather Companions , or Companies , and Townsmen , have confirm'd by Oath in their Free-Gild . There , among other things , they provide , that no Thief above 12 Years old , found guilty by Inquisition , or upon Trial , shall be spared . And that (f) he who was rob'd , having receiv'd his Capital or Principal , the King should have half ; the Society should share the rest with the Lord , of whom he held Book-Land , or Bishops-Land . It provides (g) for a Common Stock for the Good of all : and that all in common shall inquire into the disposal of it . It settles (h) Decennaries , or Tythings : and that there shall be one over 'em , who shall summon them for their common Profit ; and take an Account what they send , (i) when they are to contribute , or be taxed ; and what , (k) when they receive Money , by Order of all the Citizens , upon their treating together . With other Particulars , which I need not mention ; this being enough to shew their Authority at Common Law , before the reputed Conquest . (l) Then , which was above 750 Years since , they had their Guildhall ; and , as the * Confessor's Law shews , their Court of the Hustings ; which in that Law is spoken of as an antient Court : and all things of Moment seem to have been transacted there ; till the Numbers of Freemen so encreased , that they could not all meet in the Hall , but were forc'd to keep their Folkmotes in the open Air at St. Paul's Cross ; where was a very wide Field before there were Buildings to the Water-side . I shall not detain the Reader with the many Presidents of their Assemblies there upon all emergent Occasions ; but must observe , that as late as † 19 E. 2. they prescribed to a Right of holding Assemblies there . I shall give but one Instance , how early the Aldermen , with those who called themselves the more discreet of the City , would have usurp'd upon the Rights of the Commons in their Guildhall , or Folkmote in the open Air. At the end of H. 3 's Reign , the Citizens , according to Custom , had met in Guildhall for the Election of a Mayor : the Aldermen and more discreet of the City would have chosen Philip the Taylor ; the Commonalty contradicted it with great Noise , and chose one Hervey , and placed him in the Chair . Upon this the Aldermen and their Party complain to the King , that they were over-run by the Commonalty . The People follow'd them with great Noise , to the Disturbance of the King , who lay upon his Death-bed ; and cried , that they were the Commons , and to them belong'd the Election of a Mayor . The others said , they were the Head , and the People but the Members : the King's Council put them off till next Day , and bid Hervey not to come to Court with more than ten in his Company : However he summoned all the Citizens , except those who adhered to the Aldermen : And next Day a vast Number of Horse and Foot came to Westminster . The King's Council finding they could not agree , threatned to amove Hervey , and put a Custos over them . To avoid which they agreed , that five should be chosen of each side to settle who should be Mayor . However , this being in Diminution of the Right of the Commons , took no effect . H. 3. dying , the Archbishop , the Earl of Glocester , and others of the Nobility , came into the City , where they caused E. 1. to be proclaimed King ; and then went into Guildhall , where a Common Hall was then assembled ; and enquiring about the Business of the Mayor , the Aldermen told them , the Matter was left to Arbitration . The Earl of Glocester not valuing this , bids them hold a Folkmote the next Day at St. Paul's Cross ; and he should be the Mayor to whose Election the major Part of the City should assent . The great Men going into the Church with the Aldermen , perswaded them to yield : upon which Hervey was declared Mayor before all the People . And thus were they in full Possession of their Right , 1 E. 1. That this People who had the Right to carry Elections and other Matters in Guild-hall , or their Folkmote in the open Air , were the Freemen , appears by the Words of some of their Charters declaratory of their antient Right . Many of which are granted to the Citizens , which the Charter pass'd in Parliament 1 E. 3. explains , of Freemen of the City ; where it provides , that they shall not be impleaded or troubled at the Exchequer , or elsewhere , by Bill , except it be by those things which touch the King and his Heirs . And how careful the City has been to keep Foreigners from partaking in the Privileges of Freemen , appears from the Act of Common-Hall , return'd under the Common Seal into Parliament , * 12 E. 2. and there confirmed ; whereby it is provided , that if Foreigners be of any Mystery , they shall not be admitted into the Liberty of the City without Sureties of six honest Men of the Mystery , for their indempnifying the City : and if † they be of no Mystery , they shall not be admitted without the Assent of the Commonalty of the City . That the Freemen of the Mysteries had their several Gilds or Halls , where the Society or Fraternity met , not to mention more Authorities , appears by a Charter of ‖ E. 3. reciting one of E. 1. which recites H. 2 d's granting to the Weavers of London their Gild , to hold in London , with all Liberties and Customs which they had in the time of Henry his Grandfather , which was H. 1. * and that no Man , unless by them , should within the City meddle with their Ministry , unless he be in their Gild. As therefore the Gild was that Company , or the Hall where the Men of that Mystery met ; the Common Guildhall was where all the Mysteries or Companies met . ( 2. ) That whosoever are legally entituled to the Common Hall are entituled to all the Authority which the whole Body ever had , especially in those things wherein the present Possessors exercise any Authority ; though they are not the whole Body of Men who used to assemble , as long as they are a large Part of that Body , may appear . 1. In that the Folkmote in the open Air , and that in Guildhall , were antiently taken to be of the same Nature . Accordingly , I find † a Writ to the Mayor , Sheriffs , and whole Commonalty of the City , requiring them to swear Allegiance in their Hustings , or at Paul's Cross . 2. Guildhall has , time out of mind , been the * Common-Hall of the Citizens ; and the Assemblies there have of all times , before ‖ the first supposed Settlement of the Livery Common-Hall , and since † , been accounted the Assembly of all the Commonalty , as some Entries have it ; of all the City , as others . And if the whole City can regularly act together , it is absurd to imagine , that its Acts can be controled by a small part of the Great Body . 3. The chief Power of making By-Laws for the Benefit of a City , or Burrough , is an Incident to the having a Gild , or Common-Hall . Accordingly in the * Reign of H. 2. the Archbishop of York , by the Counsel of his Barons , granted to the Men of Beverlay in Yorkshire † their Hanse ; that there they may treat of their Statutes for the Honour of God and St. John , and the Canons , and for the bettering the whole Town ; with the same kind of Liberty as they of York have in their Hanse . H. 2. ‖ confirming this , grants to the Men of Beverlay free Burgage , according to the free Laws and Customs of the Burgesses of York , and their Gild of Merchants . So that Gild is the same with Hanse ; and Hanse , as Bertius * tells us , in the old German Tongue signifies a League or Council . According to this , in a Case which I shall have another Occasion to mention , the turning out of the Council of the Citizens was the turning out of the Gild , and that was plainly a Disfranchisement . 4 Such of the Commons as have from time to time assembled in the Common-Hall , have , with others , been a true Common-Council of the City , and acted as such since their Numbers have been restrained , as well as before . It must be observed , that the City had , or made , a Common-Council before any such Restraint ; which is plainly intimated in Magna Charta , † 17 of K. John : which mentioning a Common-Council of the Kingdom ( whether only for Aids belonging to Tenure of the Crown , or such a Common-Council as the Cities , Boroughs and Villages were at in Person or by Representation , which D. ‖ Brady at last yields , need not here be determined ) adds , In like manner let it be concerning the City of London , that is , that the Cities Aids shall be taxed in its Common-Council . * Sutably to this , 11 H. 3. a Tallage was assessed in the City , by the Will of all the Barons or Citizens . And thus the Commonalty of London , in the time of † Edw. 1. plead that the Citizens , and their Heirs and Successors may , for the Necessity or Profit of the City , among themselves , by their common Assent , assess and raise Tallages without troubling the King. So ‖ Ipswich , not to name other Burroughs , had its Common-Council of the Town , &c. And 25 H. 3. I find the Choice of Sheriffs in London by the Common Counsel and Assent of the honest Men of the City . The Hustings I find to be the Court of these honest Men ; there they joined with the Mayor and Aldermen in the Grants of City-Land ; were Judges at Trials , and Parties in the making By-Laws . Prosecutions for Offences against the Rights of the City were in their Name : And Quo Warranto's upon supposed Abuses of their Liberties were brought against them : And therefore they not being represented by the Common-Council , now using that Name ; those two great Ornaments of their Profession , the late and present Chief Justices of the Common Pleas , maintained , with the Strength inseperable from their Arguments ; that no Act of the present Common-Council could be a Forfeiture of the City-Charter . Indeed as the Clerks generally favoured the Prerogative , often exercised by the Chair , with the Advice of private Cabals ; I find a Mayor , 47 H. 3. blamed for making the Aldermen and great Men useless , while he did nothing without the Assent of the Commonalty . That they acted as a Council , and exercised a judicial Power at the Hustings , after that time , I might shew by numerous Instances , but shall here content my self with one , 3 E. 1. * which was in the Judgment against Hervey above-mentioned ; who , though he was the Darling of the People when he was chosen Chief Magistrate , was soon overcome with the Infection of the Chair . Some time after his Mayoralty , the Mayor and † Citizens having met in Guildhall for trying Common Pleas ; a Dispute arose before all the People between Hervey and the then Mayor , and it seems Hervey's Party there was then the strongest ; for the Mayor found himself obliged to withdraw , and make Complaint to the King. The ‖ next Day the Mayor and Citizens returning to Guildhall , to finish the Pleas depending before them ; a Roll was shewn , and read before all the People , containing several notorious Articles of Hervey's Presumptions ; one of which was , that in the time of * his Mayoralty he acted contrary to the Ordinances made by the Aldermen and discreet Men of the City . Another was , that he used the Common Seal , which was in his Custody , without the Assent of the Aldermen [ and others : ] which others , as I could shew , were to be particularly chosen by the Common-Hall , for that purpose . For these Offences , among others , † against the whole Commonalty of the City , and contrary to his Oath , he was judicially degraded from his Aldermanship , and ‖ for ever incapacitated to be of the Council of the Citizens : which was plainly a depriving him of his former Right of voting in Gildhall ; and indeed a Disfranchisement , as it turn'd him out of the Gild. And thus I * find Privileges in Canterbury granted to all the Burgesses of the Gild of Merchants . 5. The present Possession of the Common-Hall is or must be agreed to be a legal Possession : and therefore in all things which they have not parted with , the Possessors are the legal Successors to them who exercised Power in greater Numbers . 6. Even when those Numbers could regularly meet , they were concluded by such a Number as came upon general Notice , though the Number which met were very small ; according to the Resolution , 33 Eliz. † in the Case of the Vestry of St. Saviour's in Southwark . 7. ‖ Though it may be proved that the great Barons in Parliament were antiently only those who held by Baronies , or were created in Parliament ; yet those who have been made Peers by Patent or Writ , succeed to the same Jurisdiction ; as they are possessed of the same House which the Lords formerly had . 8. A Corporation by one Name is entituled to the prescriptional Rights which that City or Town had by another Name . And thus it was held , that though the * Town of Colchester was incorporated by the Name of Bayliffs and Commonalty ; the Mayor and Commonalty might prescribe to the antient Customs of that Town . That the Livery-men have such a Right to the Common-Hall , appears by their long Possession ; for which , according to the Resolutions of Judges before-mentioned , we are to presume , that there had been the express Assent of the Body of Freemen , or of such of them as met upon a general Summons . If I shew an Act of Common-Hall , as antient as the Time of E. 3. for the Mysteries to chuse such as should represent the Commons , which I shall have Occasion to shew under the next Head ; if we find that they had been represented in Common-Hall , by the Mysteries , before that Time , and downwards to this Day ; and no Act of Common-Council , or Common-Hall , will appear to have first settled the Right of Elections in the Livery-men of the Mysteries ; then it will be evident , that tho Originally the Mysteries might have been represented by such as they should chuse , from time to time ; It is to be presumed , that they agreed to be represented by the Livery-men , as a standing Representative . 8 E. 2. above 30 Years before the Pretence to any Act of Common-Council , or Common-Hall , which may be thought to restrain the Freemen from the exercice of the Power originally vested in them ; I find a Writ to prohibit the Multitude from meeting to chuse a Mayor , and Sheriffs , alledging , that such Elections for Times past , us'd to be made by the more discreet Men of the City , especially summon'd : But then , lest this special Summons should seem at the Discretion of the Mayor , and Aldermen , it forbids all to meet , unless specially summon'd , or [ at the Time bound to come ] . And a Proclamation which was publish'd in the City , in pursuance of that Writ , says , That no Man , upon pain of Imprisonment , shall come to any Election , but Mayor , Sheriff , Alderman , and other good People of the chief of the City , who by the Mysteries , are especially summon'd to come thither ; or to whom it belongs to be there . These Representatives of the Mysteries , according to what I have before observed of the legal Possession of the Common-Hall , are to be supposed to have been the Livery-men , and none others : but because the Partiality of the Masters and Wardens might occasion the not summoning some of the Livery-men ; therefore there is Liberty left for them who had Right , to come , though not summoned . That they and none others had this Right , will further appear when I come to prove , that no Act can be found , from whence their Right , exclusive of others , is or could be derived , or so much as occasioned . 3. That a Representation of the Commons by the Mysteries was settled in the Council-Chamber , with Authority to make By-laws , before any Common-Council of the present Form had any such Authority ; And however , that the very Being of a Council of the present Form was soon taken away by Act of Common-Hall ; and a Representation by the Mysteries settled in their Places with greater Authority , will appear very evidently . I must agree , that 20 E. 3. it was ordered by the Common-Hall , That every Alderman , at the holding of his Wardmote yearly , should cause 8 , 6 or 4 of the ablest and wisest of his Ward to be chosen , to treat of the Affairs concerning the Commonalty of the City . But upon this it is observable . 1. That though according to the Lord Coke the Wardmote is of the Nature of an Hundred Court ; that is , in relation to the Districts or Divisions of the City , and chiefly as to the Returns of Juries ; but in Relation to the present Debate , it is more fully of the Nature of a Court Leet , where all Resiants are obliged to attend , and upon the Account of Resiancy are to bear Offices ; and contribute in several things together with the Citizens , who in this Respect are as the Barons or Free-Tenents of a Mannor . Wherefore this Order does not restrain Foreigners from being Electors , or elected . 2. This is not said to be appointed for the Common-Council of the City ; but in truth the Common-Hall , as they were before , then continued the only Common-Council . Nor , taking the Original Entry of that Order to import more than [ Affairs ] , does the treating of [ the Affairs ] concerning the Commonalty , in this Place imply more than such Affairs as concern them , according to their Divisions by Wards , in the Choice of Constables , or the like ; or the assessing of Aids and Tallages : for which Purpose I find certain Numbers in every Ward , appointed very antiently , before there is the least Pretence of the Settlement of any other Common-Council besides the Common-Hall . But it is far from appearing , that the Men of the Wards appointed to treat of Affairs , 20 E. 3. were to treat of such as concerned the Commonalty , as divided or acting by Mysteries : Or , however , if the treating of Affairs extends to all the Affairs of the City ; it can here imply no more than treating of them by way of Advice , to that supreme Power in the City which made them what they were , and divested it self of no Authority : nor indeed could any form of Words have passed away the Authority of that , much less of succeeding Common-Halls . And it is certain , that antiently whatever Power the Common-Hall placed elsewhere , they never thought it abridg'd their own Power : of which I shall give a considerable Instance . 21 E. 1. The Commonalty of the City in their several Wards chose their Aldermen freely and with full Consent ; and presented them to the Custos then over them , in this form . That all and singular the Things which the said Aldermen of their Counsel and Discretion , with the Custos , and Superiour for the time being , should make and ordain to be firmly observed ; for the Government of the City , and for keeping the King's Peace ; and for [ other Provisions touching the Commonalty of the City , ] they will hold ratified and firm , without Challenge or Reclaim for the future to be made . And also every Ward chose its Alderman , for whom as to his Deeds touching the City and Commonalty , and State of the same , they will answer . Notwithstanding the Power so amply conferr'd upon those Aldermen , they did not pretend to use the common Seal without the express Consent of those who set them up , and could then pull them down at pleasure , at least at the Year's end . That very day after the Commons had presented their Aldermen in Common-Hall , a Grant of City-Land pass'd with the common Assent , and Consent of all then present . And that the Common-Hall thought themselves in full Possession of their Power , notwithstanding the Ordinance they had made 20 E. 3. for some to Treat about their Affairs ; appears in that they being found useless , or too assuming ; the Mayor , Aldermen and Commons , who seem to have turn'd them off * before ; within 23 or 24 Years after they had received them into their Service , and 28 or 29 Years after the City's Power of making By-Laws was first expresly affirmed by Charter ; referring † to that Grant , by common Assent , agree upon a method for putting it in Execution : but till then seem never to have exercised that Power otherwise than in Common-Hall : Then the Mayor and Aldermen [ by the Assent of all the Commons ] Ordain , and firmly establish for ever , as the most convenient manner they could find , to debate of the Mischiefs which had at that time been complained of ; and to eschew all Suspitions , and outragious Tumults , which often happen'd to great Assemblies ; that every Year against the day that the new Mayor shall be sworn , the Surveyors of every sufficient Mystery of the City shall assemble the Mysteries each by it self , where they shall please ; and * they shall chuse certain Persons in whom the Mysteries shall hold themselves content , with whatever shall by the Mayor , the Aldermen , and these chosen , be assented and ordained in the Guild-Hall ; and that these chosen and none others , be summon'd to the Election of Mayor , and Sheriffs ; and also at all times that any matter shall be touched at Guild-Hall , for which they ought to assemble and take Counsel of the Commons . Hence it appears ; 1. That this Provision agrees with what was 8 E. 2. affirm'd to have been the Custom then : so that this was but in Affirmance of the Custom . 2. That the Commons in Person , or by Representation , made a Council ; or Counsel was to be taken of them ; which comes to the same thing . 3. That whatever Representation may have been at some times , by certain Numbers out of the Wards , or any other way ; the settled Representation was by the Mysteries or Companies : and this amounted to a Repeal of all former Acts which might have placed this in others . 4. That they who were entituled to the Common-Hall for Elections , were to the Council-Chamber for making By-Laws . Thus it continued 50 E. 3. when the Commons having by their Common Sergeant complain'd , that the Mayors us'd to call together such mean People as depended upon them , and to pretend that what was done at such Meetings was with the Assent of the Commons : the Mayor , by Advice of several principal Citizens , summon'd the Mysteries , according to the Order of 43 or 44 E. 3. They meeting in great Numbers , the like Order as the former , and with the like Recital , was made by the Mayor and Aldermen , with the Assent of all the Commonalty . Indeed , they particularly provide , that at their Assemblies to treat and consult of the common Business of the City , no Action shall be try'd before them , if it does not touch at least an entire Ward , or a whole Mystery . And they restrain the Mysteries to a certain number of Representatives , providing that the greater Mysteries shall not send more than six , the less than four , and the least but two : But this was looked upon as too great a Restraint of Common-Right ; and therefore was never followed . A * Council being holden in the City 9 R. 2. about the Case of one John of Northampton , there met 13 of the Ward of Cordwayner-street . And I find it upon † Record , to have been one of the Articles in an Appeal brought against him , that against the meeting of every Common-Council in his Mayoralty , he caused a Man or two that for that Year was chosen to be in the Common-Council of the Crafts which held with him , to meet at a Tavern to prepare Matters for their carrying his Designs with one Voice at the Common-Council . And that in an Assembly at Goldsmiths Hall he caused Persons of divers Crafts more than were enter'd for the Common-Council , to be ‖ called at the day of Election into the Common-Council , to help his Election . Which not only shews that the Common-Council at that time was , as it is elsewhere call'd in those Articles , the Common-Council of Crafts ; but that they who made the Elections in Common-Hall made Ordinances in the Council-Chamber ( tho as it will appear they were to be ratified in Common-Hall , or else had no force : ) And that they were not confin'd to a certain number according to the Ordinance 50 E 3. or that 7 R. 2. which I shall soon consider . And argues strongly that those who were then brought upon the Livery , tho not before return'd , were held to have Right to be at the Elections , and Common-Councils . And it appears by most Entries concerning Elections from those times downwards to the present time ; that tho Orders have been made to keep some Elections within the Council-Chamber ; those Orders have been look'd on as absolutely void , and the Elections have been made by great multitudes , or the immense Community , as often stiled ▪ nor has the Common-Council assembled in the Council-Chamber kept within the number appointed by former Ordinances . But it is observable , that in H. 6 th's time the Common-Council is called Commune Concilium Ministratorum , that is , of those who exercised the Ministeries or Mysteries , as a Trade is call'd in H. 2 d's Charter to the Weavers Company . And it will appear by the By-Laws 7 and 15 E. 4. that the Common-Council then consisted of the Mysteries ; that is , as the Ordinance 15 E. 4. explains it , the Livery-Men of the Mysteries . And 6 H. 7. I find the Common-Council called the Common-Council of the Wardens , and other honest Men of all the Mysteries . According to which Instances it seems the Council appointed 7 R. 2. was very short-liv'd : and the present Common-Council must date it self from after the 6 th H. 7. 4. But whosoever are entituled to the Council-Chamber ; that the Council there is a meer Creature of the Common-Hall , and in the nature of a Committee entrusted with the dispatch of some things , and the preparing others in Ease of the Common-Hall ; and that they cannot deprive the Common-Hall of any Right ; may appear beyond Contradiction , if we consider , 1. The only Foundation upon which the present Common-Council now stands . 2. The nature of the Power of making By-Laws ; and some particular Evidences that that Power is subject to the Controll of the Common-Hall . ( 1. ) Some have supposed the present Common-Council to have had its Establishment and Settlement 20 E. 3. the contrary of which has appeared . But the true Foundation of such a sort of Establishment as it has , was the Act of Common-Hall , 7 R. 2. in the infamous Mayoralty of Brember , when John of Northampton before mentioned was ruined , for standing up for the Rights of the City ; in which he was * afterwards justified by Act of Parliament . Whereupon all the Ordinances made against him in the City were repealed by † the then Common-Council . The Act which gives some sort of Settlement to this Common-Council is as follows . On Friday next before the Feast of the Purification of the blessed Virgin Mary , in the 7 th Year of the Reign of King Richard II. in the Presence of the Mayor , Aldermen , and the immense Community ‖ of the honest and discreet Men of the said City , in Guildhall , for diverse Affairs touching the said City assembled ; the under-written * Petitions by the honest Men of the City before , by the Mayor , Aldermen , and Commonalty , chosen and assign'd † to ordain with mature Deliberation , how Judgments in times past in the Common-Council of the said City given and made were made by Noise more than by Reason , and sometimes by Men less sufficient deputed to the said Common-Council : for the taking which away , the said honest Men , in the said Assembly , with full Deliberation ordained the said underwritten Ordinances , and caus'd them to be read in form following , ‖ For as much as by Complaint of many honest Men of the Town , made to the Mayor that now is , how divers times in the Counseils used within the Hall and Chambers of the Guyhalde , great Rumour and Peril had been perceived , as well by great Assemblies , as often by insufficient Persons deputed to the said Counseils ; seeing that oftentimes the Judgments of the said Counseils were more by Clamour than by Reason , to the great Disturbance of the Peace , and Quiet between the People for times pass'd , and more likely to be in time to come , if Remedy be not provided . Whereupon , the Mayor , with the Aldermen , and the good Commons , chose certain Persons thereupon by Deliberation to advise them , how such Rumour and Peril might be eschewed and remedied : Which Persons being divers days assembled upon the Matter aforesaid , have [ by their Advice ] ordain'd , for remedying such Perils , the Articles after-written . If this please the Mayor , and the other good Men of the Town , to try for a time , to such intent , that if Good and Peace be found in such Counsels by the Ordinances after-written , in the Name of God let them be confirmed ; and if the contrary , as God forbid , that this may in time be amended , for the common Good of all the Town . For the continuing a Common-Council of the Town by sufficient Persons , as well of Substance as Sense , let it be Ordained ; " That every Year on the Day of St. Gregory , when the Aldermen are established for the Year ensuing , let them be firmly charged 15 Days after the said Day , to go to assemble their Wards ; and by good Deliberation , charge them to chuse Four of the most sufficient Persons that are in their Ward , without regard to the State which they bore before , to be of the Common-Council the Year ensuing : And the Names of the said Four to present to the Mayor for the time being ; which Persons shall be accepted by the Mayor , and commanded to take their Oath as is comprized in Writing heretofore made . Provided always , that the Mayor for the time being shall not receive throughout the Town , of any Mystery , for the Common-Council more than Eight Persons of a Mystery : Altho it happen that more than Eight of one Mystery be presented and chosen , &c. Which Ordinance was approved , and confirmed to endure for ever . Here it is observable , 1. That at the time of this Common-Hall , there was no standing Common-Council other than the Common-Hall , all others being discontinued ; and that before that time , the Common-Council filled both the Hall and Chambers belonging to it : And Matters were carried as the noise was communicated , from one place to the other . 2. That the Persons who are said to have made the Ordinance were only a Committee , appointed and chosen by the Mayor , Aldermen , and Commons , for that single Purpose , and for that Time only . 3. They suppos'd Themselves , and all Common-Councils for the future , according to the Provision then made , to have no farther Power , than to prepare Matters for the Common Hall , and propound them for their Fiat . 4. They do not propound the Constitution of that Common-Council as an absolute Form ; but that it may continue as long as it proves convenient , and that it may be try'd for a time . 5. Therefore the Establishment , according to the very Words , as well as the Nature of the thing , is of no farther force than as a probationary Order ; to be observed only till the Common-Hall should think fit to set it aside . 6. As they who propound this Ordinance , in relation to that Body of which they were part , were Inferiours , and therefore Petitioners , to the Body assembled in Common-Hall ; they set a good Example to all future Common-Councils . But that the Common-Hall has not thought it self bound always since that Act of Common-Hall , which ratified the Ordinance above , to keep to that Form of Common-Council there appointed , we may gather from the Entries , which argue Representations at Councils after that , by the Mysteries . 'T is certain , the Number of Common-Council-men appointed 7 R. 2. was never kept to ; no not the very next Year : For then , as has before appeared in the Case of John of Northampton , the Representation was by the Mysteries , and sent from the several Halls . And in the Year after that , there were in the Council-Chamber , 13 of Cordwayner-Street ; that is , as I should think , Cordwayner's Mystery . And it is certain , Companies used antiently to keep together within the same Streets , or Districts . And some Wards to this very day retain the Names of the Companies , or Guilds , which liv'd there ; as the last above-named , Candlewick-Ward and the Vintry . And Cornhil-Ward , as I take it , was from the Gild settled there . Nor can I omit the Observation , that in some (a) Records I find Ward and Gild , or Company , synonymous . 2. Having trac'd this Common-Council to its weak and infant State , we may consider it as possessed of a Power of making By-Laws : But then we must observe , that this will bear no Comparison to the Possession which the Livery-men have of the Common-Hall , which has been exclusive of all others . Whereas all the Possession which the present Common-Council have had of the Common-Chamber , has been only as a Committee entrusted by a greater Court , having Continuance , and acting with Supream Authority . Besides , it has been resolved by the Judges , That a By-Law to make a Monopoly , and a Prescription of such a Nature , to induce a sole Trade or Traffick to a Company or Person , and to exclude all others , is against Law. Which is easily applicable to the Common-Council's engrossing the Power of the Common-Hall . It would be endless to heap Authorities which might be brought to evince , that the Common-Council has no colour of Pretence to make By-Laws , of such a Nature as they now insist upon . But I cannot pass by the Resolution in the Case of the Chamberlain of London , in an Action brought by him for a Penalty raised by a By-Law . All such Ordinances , Constitutions , or By-Laws , are allowed by the Law , as are made for the true and due Execution of the Laws or Statutes of the Realm ; or for the good Government and Order of the Body-corporate : And all others which are contrary , or repugnant to the Laws or Statutes of the Realm , are void and of no effect . To apply this to the Case in Question ; for the Common-Council to vacate an Election made in Common-Hall , or to exempt any Person from being chosen , is not for the good Government and Order of the Body-corporate ; and besides , is directly contrary or repugnant to the Laws and Statutes of the Realm , which have fixed the Election of any sufficient Citizen in the Livery Common-Hall ; and have provided it with Authority to oblige them to hold : And therefore any By-Law made in the Common-Council contrary to this Right , is void . Nay , and thus they themselves have judg'd but lately in the like Case . In the Mayoralty or Sir John Fleet , he acquainted the Common-Council , that 40 or 50 foreign Merchants would pay 400 l. a-piece to the use of the Orphans , if they might be admitted to the Freedom of the City , and have an Act of Common-Council to exempt 'em from bearing chargeable Offices . After several long Debates , this Project , though of apparent Advantage to the City , was laid aside ; the Common-Council declaring it was not in their Power , to restrain the Right of the Common-Hall to chuse any sufficient Citizen . The Opinion of the Learned Judg Bracton , is very applicable to this Matter ; where speaking of the English Laws , he says ; Which since they were approved by the Consent of those who use them , and confirmed by the Oaths of Kings , cannot be changed or destroyed , without the common Consent , and Counsel , of those by whose Counsel , and Consent , they were promulged . But they may be changed for the better ; because that is not destroyed which is made better . With such a Limitation we may allow the Common-Council to act for the Ease of the Common Hall , in relation to Times , Places , and other Circumstances ; for the better Execution of the Laws and Customs of the City . But that the Power of making By-Laws , exercised by the Common-Council , is controlable by the Common-Hall , will , besides what I have already observed , appear by the Charter 15 E. 3. which is the only Charter expresly affirming the City's Power of making By Laws . Moreover , we have granted , that if any Customs in the City of London , [ newly arising ] where a Remedy was not before ordain'd [ want Amendment ] the said Mayor and Aldermen , and their Heirs and Successors [ with the Assent of the Commonalty of the same City ] remedy convenient , consonant to good Faith and Manners , for the common Vtility of the Citizens of the said City , and other our Liege People flocking to the same , may apply and ordain , as often , and when it shall seem expedient to ' em . Provided ☜ nevertheless , That such kind of Ordinance be of Utility to us , and our People , and consonant to good Faith , and Reason as abovesaid . According to this Charter , 1. The Power of making By-Laws relates to Amendments for the common Utility of the Citizens . 2. Those Amendments cannot sap , or weaken any antient Constitution or Custom . 3. They are to be made with the Assent of the Commonalty of the City . Neither of which can be pretended in the Matter in question : And since , as is said in the Chamberlain's Case , Corporations cannot make Ordinances or Constitutions without Custom or the King's Charter , unless for things which concern the Publick Good , as Reparations of Churches , or High-ways , and the like ; but the Power now claimed , is neither of that Kind , nor is there Legal Custom or Consent or Charter for it : I need raise no Consequence upon it . To conclude this Point ; if this Common-Hall legally succeeds the Common-Hall which appointed this Committee ; and the Committee may be set aside at the Pleasure of the Common-Hall ; if since the raising this Committee , and that of late days , the Mayor , Aldermen , and Common-Council , have acted together as one Court : If farther , as in the Case of Rowlet , before-mentioned ; they have acted with a Superior Authority in those very things , wherein the Mayor , Aldermen , and Common-Council , have exercised Authority by themselves ; if most of these Premises hold , especially if all do ; there can be no Question but By-Laws , and other Acts of the Common-Council , are controlable by the Common-Hall : and then it would be very strange to imagine that it should be in the Power of the Common-Council to take away , or abridg , any Right of its Superior , from whence it came , and in which it is contain'd . I shall not so much question the Judgment or Memory of my Readers , as to repeat the Proofs of every one of these Premises . But I would desire 'em to remember the Instances of Disfranchisements by Common-Hall , before any standing Rule for ' em . This Power , I must confess , the Common-Council have pretended to ; and as if they not only had it , but had it without delegation , have fansied they could delegate it to others . Accordingly I find an Act of Common-Council , impow'ring the Mayor and Aldermen to Disfranchise , upon competent Proof by Oath , before them , of any Citizen's Trespass , Act , Disobedience , or Offence , against the City , and the Liberties , Franchises , and free Customs and Privileges of the same . Which would be a very dangerous Weapon in the Hands of Aldermen , who by Act of Parliament obtain'd by Surprize , and contrary to the Sense of the City , declared more than once , and ratified by former Parliaments , have their Stations , in effect , for their Lives . But as it appears by the Resolution in Baggs's Case , the above-mention'd Act of Common-Council is void in Law ; no such Power having been derived to them by the express words of any Charter , or Prescription . Yet this Power the Common-Hall undoubtedly has , and , I may say , incommunicably , till that part of their Court , or the Committee from them , which sits in the Council-Chamber , shall have legally possess'd themselves of the Hall. I shall add but one Precedent , of many , where the Mayor , Aldermen , Common-Council , and Commons , acted together as one Court , and true Common-Council of the City ; and that since the time that the present Common-Council , and Livery Common-Hall , are suppos'd to have been setled . A Mayor * dying in his Mayoralty , the Locum tenens , or Senior Alderman , with the rest of the Aldermen , appoint a Day for the choice of a new Mayor ; and order the Servants of the Chamber to summon the immense Community of the City . There met the ‖ Common-Council , and the immense Multitude of Commoners , in their last Livery but one . Aylmer was there chosen Mayor , and sworn before the Aldermen , and Commons . In that Common-Hall they , after the Election was over , acted together as a Council : For whereas the Mayor should , as it seems , according to the usual course in such Cases , have been sworn to the King the next Day ; The Aldermen , and Commons , for certain Reasons moving them thereto , appointed a farther Day . That the Commons who did this were the Livery-men , appears by what immediately follows in the same Entry : Where it is said , That the Aldermen conducted the new Mayor to the taking his Oath , in their Violet-colour'd Gowns , and the Common in their last Livery . 5. That there is no colour to believe , That the Common-Hall , as now compos'd , receiv'd its Being , or Authority , from such a Common-Council as now acts , or from any thing but the general Consent of the Free-men , express'd in some Act of Common-Hall before the time of E. IV. or implied in the long submission of the rest of the Free-men , before that time , may sufficiently appear by what has been prov'd under former Heads : And yet if any Act or Acts of Common-Council , in the Reign of E. IV. were the occasion of Elections having been restrain'd to the Livery-men , it may appear by what has been formerly shewn , That the submission of the Free-men , implied in the Custom ever since that time , gave the only force to that Restriction ; that of it self carrying no manner of Authority to diminish the Right of the Common-Hall . But any one , who remembers the Evidence that the Mysteries had Representatives of their own , before the time of E. IV. and the Legal Presumption , that those Representatives were the Livery-men , will be more fully satisfied , that they were so before the time of E. IV. when he observes the words of those Orders , which are pretended to have given Being to the Livery Common-Hall . The first Order is thus : At a Common-Council holden on Wednesday , in the 7th Year of the Reign of King Edward the Fourth , it was agreed by John Young Mayor , John Norman , &c. Aldermen , and the Commonalty of the City of London , ( inter alia ) That the Election of the Mayor and Sheriffs , shall hereafter be made [ only by the Common-Council : ] The Master and Wardens of every Mystery of the said City coming in their Liveries ; and by other honest Men for that purpose specially summoned . 1. It must be remember'd , That the Common-Council in Hen. the Sixth's time , was the Council of the Mysteries ; and consequently , unless an alteration can be shewn , must be thought to have continued so at the time of that Order , 7 E. IV. 2. This Representation of the Commons being so large as has appear'd above , their Act is call'd , The Act of the Commonalty of the City : And this we must suppose to have been made in Common-Hall . 3. None besides the Masters and Wardens are by this Act oblig'd to come in Liveries . 4. Here is no restriction of Elections to the Liveries ; but to the Common-Council : That is , as is there explained , the Masters , and Wardens , and other honest Men of the Mysteries , specially summoned . To which special Summons , as has been shewn before , the Livery-men , and no others , were entituled . Wherefore , this was no more than a repeating , or affirming , former Orders , often occasioned upon the breaking in of other Free-men , to the disturbance of Elections , before plac'd in the more discreet , which the Custom has interpreted to be the Livery-men : Who , according to this Ordinance with which the present Common-Council triumph , were the only Common-Council at that time . And thus , as appears by the Entry before-cited , 6 Hen. VII . they continued after this Ordinance , and after the next , 15 E. IV. which has these words . Then in the same Common-Council it is agreed , That the Master and Wardens of the Mysteries of the City , in their Halls , or other Places of the City , fit and convenient ; associating to them the honest Men of their Mysteries , being clothed in their last Livery , shall go together to the Guild-Hall of their City , for the Election of Mayor , &c. And in their last Livery but one , to the Election of the Sheriffs of the City , &c. And that no others , besides the honest Men of the Common-Council of the City , shall be present at the said Elections . All that this adds to the former Provision , 7 E. IV. is only the requiring all the Livery-men , for distinction's sake , to go in their Liveries , to prevent the interposition of others . Which was no restraint upon Persons ; but a requiring the Persons who came according to their former Right , to wear their proper Habit , to distinguish 'em from others . Some may suppose , that this speaks of honest Men of the Common-Council , besides the honest Men of the Mysteries : Whereas the Common-Council is plainly here mentioned as exegetical , or explanatory , of the honest Men of the Mysteries : That is to say , such honest Men of the Mysteries as are of the Common-Council , and no others , shall be present at the Elections : Which , as has appear'd , were , long before that Ordinance , the Livery-men only . If this and the other be not taken in this Sense , then they neither confine the Election to Livery-men ; nor suppose the Livery-men only , to have right to come ; but allow any Commoner , who is chosen to the Common Council , to Vote at the Elections , tho' no Livery-man : Whereas they who would derive the Authority of the Common-Hall from these Ordinances , suppose , that they restrain Elections to the Livery-men only . But , could it be imagin'd , that those Ordinances , or either of them is , or are conceiv'd in terms importing a restriction of Elections to the Livery-men ; and that the Ordinances were made by a Common-Council chosen by the Wards , it appears by the Ordinance which laid the moveable Foundation , upon which following Common-Councils of the Wards have built up themselves ; besides , other Evidences of the Superior Authority continuing in the Common-Hall , ( the true Common-Council of the Mysteries or Crafts , as it is called 8 R. II. ) That the force of such restraint could not proceed from the Authority of the Common-Council ; but that subsequent Common-Halls not having thought fit to alter this ; and the generality of the Free-men having rested contented with their Livery-men ; Such Sufferance and Consent has made that become a legal Settlement , which at first could be no more than Matter of Advice . And , according to this , I find Writs from the Crown , and Acts of Common-Council , place the legality of such Restrictions in the Custom of the City . But I must submit to Consideration , whether there is not better ground to believe , That the Livery-men were the standing Representatives of the rest of the Free-men , before ever such a Council as now acts had any setled Being ; or , at least , before the time of E. IV. than there is to think , that the Words of either of the Ordinances of his time , so much as recommend any other designation of Electors , than what Custom , and consequently the Consent of the Free-men , had setled before . In short , it has appear'd , That the Resolution of the Judges , cited on the other side , and more particularly , mother upon the like Occasion us'd by me , are strong for the Common-Hall . That according to that very Act of Common-Council , 7 Car. I. on which the Vindicator relies , no Man chosen Sheriff is dischargeable , unless for want of sufficiency in Estate : Nor is there any ground for other Exemption : And whatever Discharge or Exemption may have been given by any besides the Common Hall ; the Party is nevertheless elegible , as if he had never been discharged , or exempted . This is made yet more evident , by comparing the Act of Common-Council , 7 Car. I. with former Acts : But chiefly , with the Act of Common-Hall , 24 E. III. which was reinforc'd , 18 Hen. VIII . and to this very Day stands in full Virtue , declaring the Sense of the Body of Free-men , That for the Common-Council to vacate or defeat their Elections , is to the Prejudice of particular Persons , who are oblig'd to serve , through Default of others ; and of the whole City in general , who may want sufficient Persons to serve : Or , at least , cannot find Men of the like Qualifications in every respect , with those whom they first chose . If we look into the Custom , it is manifest , That the Authority of the Common-Hall , and of none besides , to Discharge , or Exempt , has been fully exerted ; and own'd , not only by Common-Councils , but by the Crown ; and that in Times neither too long since past , nor such wherein Precedents on the side of the Commons could have obtain'd , if their Right had not been undoubted . And , as this Authority has been exercised by the Common-Hall , before ever any Common Council of the present Form or Nature , had a setled Being ; so it has been after ; and since the Time that the Vindicator supposes the Livery Common Hall to have been instituted . And the seeming Practice of later Days to the contrary , has been of such kind , as has been far from proving any Authority to go along with Acts of Common-Council , for the discharging or exempting any one Person . The Discharge arising from the Common-Hall's proceeding to a new Choice . Farther yet , if either By-Laws or Custom , or both , have crept in to the seeming Diminution of the Right of the Electors ; as has appeared ; they would have been void in Law , being contrary to their Common-Law Right declared by Charters , and confirmed by Acts of Parliament . And whatever Force , Custom and By-Laws , supposing them clear , might have had against Rights so established , the Act of Restitution , 2 W & M. being made while the Commons were in Possession of their Power , to oblige the Person whom they had chosen to hold , notwithstanding any pretended Discharge ; certainly wrought a Remitter to their antient Right . And this was remitted and restored to the Livery-men . I may add , that by the express Words of that Statute it is enacted , that the several Companies , that is , the Mysteries ( so often named in the City-Journals ) shall have all their lawful Liberties ; and particularly every Person admitted into the Freedoms or Liberties of the Companies , shall enjoy the Rights and Privileges of a Freeman , and Livery-man . Which confirms the Livery-men in the Possession of the Common-Hall , with all the Rights and Incidents belonging to that Possession . And whereas the Vindicator supposes that the Common-Council can set aside the Rights and Privileges of the Livery-men , as they of the Common-Council are the City's Legislators . If they were such , the Restrution , 2 W. & M. settles the Livery men beyond being shaken by any Authority within the City , for the making By-Laws . And in truth the Authority of making By-Laws , both at Common-Law , and by Charter , originally rested with the whole Body of Freemen ; and has formerly been regularly exercised by the whole Body , in their Assemblies in Guildhall , or other Folkmote . The Exer●ice of this has by Custom been confined to Guildhall ; and is now become impracticable elsewhere . Of this Common-Hall , and the Authority of this Court , the Livery-men , with the Mayor and Aldermen , were in full legal possession , before such a Common Council as now acts had any settled Being : nor has any Act of Common-Council so much as occasioned the Privileges of the Livery-men , much less has it created them . But , according to the Presumption of Law , they have had an uninterrupted Possession from before 8 E. 2. nor does it appear that any Man can gave any Vote among them , otherwise than as a Livery-man , ; the Right of Suffrages in the Common-Hall being settled in the Livery-men ; who have been , and yet are the true Common-Council of the ●ity On the other side , that which now obtains the Name of the Common-Council , has been from its several Institutions , and yet is , a mere Creature of the Common-Hall , and dependent upon its Pleasure : at the most is but of the Nature of a Committee , and has no greater or higher Relation than of a Part to the whole : and whether it acts by it self , or in Conjunction with the greater Body ; must be concluded by the Majority . To close this Argument , which may seem tedious to many ; and , yet possibly , is no more labour'd than the strength of Prepossession requires ; I may well say , with the Vindicator , While some strive to make Breaches , my business shall be to promote Peace . But it must be consider'd , That Men have very different Notions of Peace . When our Governors , in Church and State , valued themselves upon the Peacefulness of former Reigns ; many , who now would have the Commons of the City of London to sacrifice their Right , to the quieting this Controversie , were thought properly to have applied that old Sarcasm ; " They make Solitude , and call it Peace . For my part , I always thought the asserting and adhering to the Fundamental Constitution of the Great Community in the first place ; and next of the City of London , which , according to the Confessor's Law , is the Head of the Great Body , to be the best means to secure such a Peace , as English Men may rejoice to transmit to Posterity . And I cannot but hope , That both Sides may receive this my sincere Endeavour , as a seasonable Peace-Offering . FINIS . Sold by Richard Baldwin near the Oxford-Arms in Warwick-lane . Price 6 d. Notes, typically marginal, from the original text Notes for div A26181-e110 The Question , Of the Resolution of the Judges , 40 & 41 Eliz. Vid. 〈◊〉 . de jure belli & pacis . Of By-Laws , particularly that 7 C. 1. Vid. Vindic. Vid. inf . Vid. inf . Of By-Laws before 7 C. 1. In Archiv . Civ . Lib. Dunthorr . f. 416. B. & Lib. O. f. 10. a. The Act of Common-Hall , 24 E. 3. In Arch. Civ . Lib. O. f. 10. 18 H. 8. In Arch. Civ . Lib. O. f. 53. Of the Act of Common-Counc . 19 H. 8. In Arch. Civ . Lon. 13 Eliz. The Act of Common-Council , 13 Eliz. Of the Act of Common-Counc . 34 Eliz. Com , Council , 7 C 1. Deucy Mayor . This Part omitted by the Vindicator . Of the Custom . * In Arch. Civ . Lond. lib. D. f. 76. b. Causton 's Case . ‖ Solemniter vocatus . * Depositus fuit à libertate & de Aldermannia . ‖ Posuit se in gratia Maj. Ald. & Communitatis . * Maj. Aldris . & coitat . super hoc eodem die consultis . Habitoque respectu ad impotentiam , &c. In Arch. Civ . I. Lib. O. f. 10. A. 18. H. 8. Of several Elections , and two Discharges by the Common Hall in one Day . 2d Choice . 3d Choice . 4th Choice . 5th Choice . In Arch. Civ . Journal Seym. 1.163 . A. 21 H. 8. Ralph Rowlet 's Case . Fol. 165. In Arch. Civ . li● Q. f. 35. a. 33 ● VIII . Richmond 's Case . Note , This was upon the Hustings in Guild-Hall . Vid. Infra . Of a Discharge in the Common-Hall , 1 Eliz. * 4. Rep. f. 93. That if the By-Laws and Custom were on the Side of the Lord Mayor , Aldermen , and Common-Council : Such By-Laws and Custom would be void in Law. Lib. K. f. 120. temp . H. 6. That for any to amove or discharge Sheriffs , but the Electors , is contrary to their Common Law-Right . * Lambert 's Archaionomia , f. 148. Fundata enim erat ad instar & ad modum & in memoriam maguae Trojae & usque in hodiernum diem , &c. † Vid. Rot. Cart. 1 E. 3. m. 45. n. 76. By I nspex . 1 R. 2. m. 31. n. 22. & 2 E. 4. pars 5. m. 23. ‖ Placita coram Rege apud Ebor . 1 E. 3. * Journal Seym. f. 385. h. 25 H. 8. ‖ Vid. Bir. Cor. sub effi●ie Claudil A. 3. Coronatio Regis Athelredi An. 989. & H 1. An. 11 co . * Lib. E. f. 174. a 2 E. 3 coram Rege . Vid. Mitton's c. 4. rep . Tho. the King even before he makes a Sheriff grant away the Office of County Clerk , the King's Grant is void , because it is an Incident to the Sheriff's Office , † Vid. Selden's Tit. of Honour , f. 587. 15 Johannis omnes milites Ballivae tuae qui sum moniti fuerunt ad nos , &c. Rot. Claus . 38. H. 3. m. 7. n. 12. d. Omnes de Ballivâ tuâ qui tenent 20 horat . terrae , &c. ‖ Lib. C. f. 111. n. 32. E. 1. * Vid. Grot. de veritate Religionis Christianae . † Vid. this in the printed Charters , p. 13. and in several Inspeximus's . * A 〈◊〉 place for Great Councils in the open Air. Hence call'd Pratum Concilii . Vid. Rot. Cart. 7 R. 2. m. 8. n. 11. A Charter of Cnute's , with the Advice of his Redgynen wisemen . ‖ Rot. Cart. 1 R. 2. m. 31. n. 37. 7 R. ● . n. 37. † Rot. Cart. 2 E. 4. pars 5. m. 23. * Vid. Lib. Q. Arch. Civ . L. ‖ 7 H. 4. c. 1. Lib. Dunthorn , f. 442. a. 6. H. 5. † Mora questione inter Dominos de Consilio Regis mittebatur , &c. ‖ Quòd inter ceteras libertates Civibus L. concessus ac in diversis Parl. Ratificat . &c. Vid. Infra . A Question , whether the Cōmon Hall could barr themselves of this Right . * Survey of Hobbs 's Leviathan . ‖ Grot. de Jure Belli & pacis , lib. 4. c. 12. Not parted with by Implication from a suppos'd Custom . 4. Rep. 1 H. IV. f. 1. * Rot. Parl. 2 H. IV. n. 30. Vid. Journals of the House of Lords , Jan. 1689. Jan. 14. 1689. Of Rights of Boroughs , not loss'd by discontinuance . Vid. The Resolutions sup . ‖ Vid. Pryn 's 4 th Register of Writs , p. 1176. (b) Pr●n 's 4 th Reg. p. 900. 28 E. 1. 1 E. 2. 2 E. 2. none since till late days . (c) lb. p ●05 . 26 E. 1. not before or since , tell ut s●pra . (d) lb p. 1●5● . 26 E. 1 〈…〉 . (e) P. 1180. 26 E. 1. not before or since , till . 8 J. 1. * Vid. Inspex . Rot. Cart. 7. R. 2. m. 8. n. 11. † Cart. Antiq. in Tur. Lond. Litera P. n. ● . ‖ Cart. Orig. Bib. Cotton . Of the Choice of Common-Council Men. Vid. Act of Com. Council , Anno 1692. f. 2. Of Resolutions of Ju●●es to this Point . Bulstrod , f. 71. Corp. of Colchester . Vid. 1 st Inst . f. 347. Lit. Sect. 695. Stat. 2. W. & M. Sess . 1. C. 8. The higher Controversy rais'd by the Vindicator . P. 1 , 2 , 3. Of the Authority of the Common-Hall . Of the Rights and Liberties belonging to the Body of Freemen . (a) Lambert 's Archionomia , f. 148. (b) That is their Earl , or other chief Commander . (c) His Reign began , Ann. 924. ended 940. (d) Vid. Corpus Legum in Bibliothecâ Cottonianâ sub E●fi● . Claudii D. f. 14. c. (e) Hoc est constitutum quod Episcopi , & Prepositi qui Londinensi Curiae pertinent , e●ixerunt & jure jurando confirmaverunt , in suo Fridegildo . Comites & villani in adjectione judiciorum quae apud Grate leiam , &c. (f) Excipiatur imprimis captale repetentis , & dividatur postea superplus , &c. (g) Diximus ut unusquisque nostrum ponat unum denarium ad nostrum commodum , &c. (h) Et habeamus nobis omnes eam inquisitionem . (i) Fraternities by Tens . (k) Quando ipli gildare debebunt . (l) Et quid recipiant , si nobis Pecunia surgat , à nostro communi locutione . * Vid. Leges Sancti Edw. Declaring they shall be held weekly every Monday , and so in Charters after tha● time . † Mic. 19 E. 2. coram Rege Rot. 22. Lib. de antiquis Legibus in Archiv . Civ . f. 132. a. A. 1272 * Rot. Par. 12 E. 2. m. 2. par . 2. † Et si non sint de certo mysterio , tune in libertatem non admittantur sine assensu communitatis civit . illius . ‖ Rot. cart . 1 E. 3. m. 33. n. 68. * Ib. Et quod nullus nisi petillos incromittat infra civir . de cor . ministerio ; nisi fit in eor . gilda . † In Arch. Civ . lib. de antiq . leg . de A. 1270. 54 H. 3. in Hustingo vestro vel ad crucem , &c. * Rot. de 18 E. 1. A Grant of a Message prope communem aulam in civitate Lond. ‖ In Arch. civ . Lib. Dunthorn , f. 416. The Ordinance 20 E. 3. De assensu totius communitatis in Gihaldâ † Lib. X. f. 73. 13 Eliz. congregatio Majoris , Ald. & totius civitatis in Gihaldâ . * Cartae antiq . in Tur. Lond : R. n. 18. † Suam Hansiam , &c. ‖ Ibid. * Bertius de Urbibus Germaniae , p. 25. ●oedus & concilium prisca Germanorum voce Hansan dicunt . † An. 1215. 17 J. ‖ Vid. Dr. B's Appendix to his compleat History . * Rot. Claus . 11 H. 3. † Lib. Dunthorn in Arch. Civ . f. 89. temp . E. 1. ‖ Rot. cart . 4 Joh. p. 2. m. 28. n. 188. Gipsewich Burgus , Quod iidem Burgenses nostri per commune concilium villarae suae eligant , &c. Lib. D. f. 46. 25 H. 3. * In Arch. Civ . Lib. de antiquis legibus 3 E. 1. † Venientibus Maj. & Civibus ad Gildhalliam ad coia placita placitanda ‖ Pervenientibus Majore & Civibus in Gildhalliam ad placita quae incoata fuerunt , &c. * Tempore Majoratus sui tenetur conservare & observari facere omnes assisas factas per Aldermannos & discretiores viros civitatis , &c. † Contra totam communitatem civitatis , &c. ‖ Et à consilio civium in perpetuū privatus * Rot. Cart. 2 Joh. m. 16. n. 44. † Lane 's Rep. f. 21. ‖ Vid. communia de term . St. Hil. 19 E. 2. Rot. penes rememb . in secio where Thomas de Furnival pleads , That he was no Baron , nor held his Land by Barony , or part of a Barony ; yet Father and Son had been specially summoned to a great many Parliaments from the 3d of E. 1. downwards . Vid. Rot. Claus . 23 E. 1. m. 9. dorso 24 E. 1. m. 7. dorso , &c. * Carter 's Reports , f. 122. Rot. Claus . 8 E. 2. m. 3. Temporibus retroactis . In Arch. Lib. Dunthorn . f. 313. a. 414. b. Etautres bones gentz de la dite Citee que per ministrez de mesine la Citee illoques avenir especialment sont somons , &c. A Representation by Mysteries first settled in the Council-Chamber with Authority to make By-laws . Vid. A Paper entituled , The Right of the Citizens to elect Sheriffs , &c. citing the Books in Gild-hall , 20 E. 3. This , according to the Reference which I have to that time , is Lib. Dunthorn , f. 416. b. 417. a. In Arch. civ . lib. C. f. 6. a. 21 E. 1. Ibid. * 43 or 44 E. 2. † In Arch. civ . Lond. lib. Legum , à 15. E. 3. * Et islirent , certain Persons en qui eux ils se tendront content . &c. In Arch. civ . L. lib. H. f. 45. 50 E. 3. Ward Mayor . * In Arch. civ L. lib. H. f. 198. b. † Rot. in ●ur . Lond. 8 R. 2. ‖ Cleped . Journ . Foster . f. 1●6 . a. 210 , b. 218. b , 32 , & 33 H. 6. ●id Inf. Lib. L. f 〈…〉 6 H. 〈…〉 Mai A. 〈…〉 mu●● . 〈…〉 Gard●● 〈…〉 & al. 〈◊〉 ru●n 〈◊〉 omnium ●●●steria●um . The Common-Council a Creature of the Common-Hall . The Foundation of the present Common-Council . * In Arch civ . lib H. f. 262. b. 15 R. 2. † Ib. f. 300. a. 18 R. 2. In Arch. civ . lib. H. f. 173 , & 197. ‖ Immensae Communitatis , proborum , &c. * ●ot . Petitions . † This seems not very good sense : but the Original is Ad ordinandum cum maturâ deliberatione quomodo judicia tempore praeterito in Communi Concilio reddita & facta , &c. fiebant . ‖ Par causeque , &c. Note , They chosen only to advise the Mayor , Aldermen , and Commons . Note , A probationary Order . Note , The Aldermen used to be chosen annually . Vid. The rest in the Right of the Common-Hall , &c. Rot. Pat. 21 H. 6 p. 1. M. 25. To several Parishioners there . (a) Vid. Rot. Pat. 12 E. 2. m. 5. n. 4. pro mercatoribus de societate Gardarum de Florentiâ . Of the Nature of By-Laws , and the Common-Council's Pretence to make ' em . Moor 's Rep. f. 576 , & 591. 5 Rep. f. 63. Anno 1693. Bracton , lib. 1. c. 2. Temp. H. 3. Vid. By Inspect . Rot. Cart. R. 2. M. 31. n. 22. 5 Rep. sup . Journal Cotes , f. 103. 36 H. 8. Bagg 's Case , 11. Rep. f. 99. * In Arch. Civ . Journal Haddon , f. 34. a. and b. Aylmer Mayor , 23 H. 7. ‖ Commune consilium ac immensa multitudo communario um in penultimâ liberaturâ . Note , This is not according to the Ordinance , 15 E. 4. Communiarii in ultima liberaturâ . That the present Common-Hall did not receive its Being , or Authority , from such a Common-Council as now acts , &c. Vindic. p. 2. Li. l. Young Mayor . Vindic. p. 3. Lib. L. f. 113. Vindic. p. 8. Caput legum & Regni . 
A42032	----	Curia comitatus rediviva. Or, The pratique part of the county-court revived fully demonstrating its antiquity and proceedings from the originall to execution, and all manner of actions lying in it. Also an easie and plaine method for the keeping of the court. Attachments and distresses at large explained, returnes of writs which do remove suites out of this court, into superiour courts, presidents of precepts; both originall and iudiciall, to which is added some select presidents of declarations and pleadings. With an exact table of all the particulars in the book. By W. Greenwood philomath. Greenwood, Will. 1657 Approx. 223 KB of XML-encoded text transcribed from 103 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A42032 Wing G1874A ESTC R223663 99833951 99833951 38430 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A42032) Transcribed from: (Early English Books Online ; image set 38430) Images scanned from microfilm: (Early English books, 1641-1700 ; 1833:10) Curia comitatus rediviva. Or, The pratique part of the county-court revived fully demonstrating its antiquity and proceedings from the originall to execution, and all manner of actions lying in it. Also an easie and plaine method for the keeping of the court. Attachments and distresses at large explained, returnes of writs which do remove suites out of this court, into superiour courts, presidents of precepts; both originall and iudiciall, to which is added some select presidents of declarations and pleadings. With an exact table of all the particulars in the book. By W. Greenwood philomath. Greenwood, Will. [8], 175, 116-117, [15] p. printed for John Place, at Furnivalls Inne gate, and William Place at Grayes Inne gate Holborn, London : 1657. The word "philomath" is in Greek characters. With an index and five final advertisement pages. Imperfect: tightly bound with some loss of print. Reproduction of original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng County courts -- England -- Early works to 1800. Sheriffs -- England -- Early works to 1800. Coroners -- England -- Early works to 1800. 2007-11 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-02 Robyn Anspach Sampled and proofread 2008-02 Robyn Anspach Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion Curia Comitatus Rediviva . OR , THE PRATIQUE PART Of the County-Court revived , Fully demonstrating its antiquity and proceedings from the Originall to Execution , and all manner of actions lying in it . Also an easie and plaine method for the keeping of the Court. Attachments and Distresses at large explained , Returnes of Writs which do remove suites out of this Court , into superiour Courts , Presidents of Precepts ; both Originall and Iudiciall , to which is added some select Presidents of Declarations and Pleadings . With an exact Table of all the particulars in the book . By W. GREENWOOD 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Ipsae etiam leges cupiunt ut jure regantur . LONDON , Printed for John Place , at Furnivalls Inne gate , and William Place at Grayes Inne gate Holborn , 1657. To the Reader . KIND READER , Considering the utilitie and profit a peece of this nature would produce to the Countrey , prest me forwards ( out of profound and authentick Authors ) to demonstrate the antiquitie , justness , and Iurisdiction of this Court ; for the more the Country knows it , and the practice thereof , the more they will love and affect it ; ignoti nulla cupido . I cannot comprehend how any one part or theame may be more useful , to and for the Countrey , and consequently more generally expetible and wished for , than the practicall knowledge of this Court , for who almost is there within its jurisdiction , that is not , or may not sue and be sued in it ? so that here they may read and understand how their causes doe proceed , and what ; and how far the power & force of every precept , and warrant doth extend , and what the fees are ; and that they may , as with a touchstone try and examin the actions and proceedings of their Atturneys . I must confess my early experience ( in this discours ) in comparison to some of the more grave and ancient practicers , is but as a drop of water to an overflowing bucket . Therfore if I have omitted any thing in the practice , or comitted any error in the method , I hope ( Juvenilis mea aetas considerata ) I shall without difficulty obtain pardon , and that they will ( mitissimo aspectu ) take it , with all its faults , in good part . And if this conduce to the benefit and advantage of the Country , it is all that is hoped for , and expected by Your assured friend , W. G. Curia Comitatus . OR The Practique part of the County Court , &c. Of the originall of Shires , Shiriffs , and the institution of this Court. BEfore I anotomise the practise of this Court , I thought it conven●ent to produce it from its originall or prototype , quia origô rerum attendenda . And first , what the word Shire signifies . Shire , is a Saxon word seyra , and cometh of shiran ( id est ) partiri to divide , as sayth Master Lambert in his explication of Saxon words , verb. centur . And Master 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 again into Wapentacks or Hundreds , &c. The Republique being thus disunited or dissected into Shires , every Shire is entirely governed by one Officer called a Sheriff , or Shireeve , Vice-comes ; being compounded of these two Saxon words , scyr , viz. Satrapia , a Shire , & reue , viz. Praefectus a Governour of the Shire . Master Cambden thus describes his Office : Singulis vero annis , nobilis aliquis ex incolis proficitur , quem vice-comitem quasi vicarium comitis & nostra lingua Shireffe , viz. comitatus praepositum vocamus . And he is called Vicount , a Vice-comite , which cometh from our Conquerours the Normans , as Sheriff from our Ancestors the Saxons . The aforesaid King , at the division of the Kingdom into Shires or Counties , instituted this Court called the County Court , and established Jurisdiction in it ; granting power and authority to the Sheriff to hear and decide such matters as by just cause of appelation ( either for Law or Equity ) should be brought unto him . This Court of the whole Shire ( then called Scirezmove , that is to say , the assembly of the Shire , was then ( as also now ) holden once every month , upon a day certain , the month being computed according to 28. dayes in the month , and not according to the Calendar . Of its antiquitie and jurisdiction , you may read more recorded in the Statute of Magna Charta . cap. 35. Likewise , it may be searched further in the Laws of Edgar , the Saxon King , viz. Let no man seek to the King in matter of variance , unless he cannot find right at home : But if it be too heavy for him , then let him seek to the King to have it lightned . The very like whereof in effect is to be seen in the Laws of Canutus the Dane , sometimes King of this Realm ; out of which Laws may be gathered four things : First , that every man had means , and was authorized to sue in this Court , in their own Shire or County ; that no man ought to sue out of the County , or to draw his Plea from thence without good cause : both which things do plainly 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 equitie 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 raigns of the antient Kings ) and doth yet continue ( in manner ) the same forme , and substance that it then was , ( and will do in despite of those sycophants , that have had their primum mobile from it , and now endeavour its subversion , that viporous brood of Birds , that have so much defiled their own Nest , that the whole Country 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 antient Writs of Pone , Recordare , Writ of false judgement , & 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 access ) I must leave it to such whose abilities are more able , and can better travail in that so intricate a path . This Court is no Court of Record , but onely a Court Baron , therefore Pleas holden in this Court by Plaint , nor Pleas holden by Writ of Justices , are not taken as matters of Record , for those Pleas are holden by reason of the Court , which the Sheriff holdeth by reason of his Office. This Court ( as Dalton reporteth in his Office of Sheriffs ) was ordained for the Sheriff to hold Plea , there for particular or private matters ( under fortie shillings ) between partie and partie . It holdeth no Plea of Debt or damages to the value of fortie shillings or above , because a Fine is due thereby to the Lord Protector , yet if the Debt be fortie shillings or above , and the Plaintiff will acknowledge in his Declaration the receipt of so much , as to bring it within fortie shillings , in this Case the Plaint is good . And of Debt , Detinue , Trespass , and other Actions personall above fort shillings , the Sheriff may hold Plea by force of a Writ of Justices 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 Suitors , yet all judgements shall be pronounced by the Sheriff . This Court may be kept at any place within the County , at the pleasure of the Sheriff , but not out of it . To this Court , all persons dwelling within the County , owe suit by reason of their resiance . No fine can be imposed in this Court upon any offender , because it is no Court of Record . But a man may be amerced for a contempt , or a disturbance of the Court , in the presence of the Court. This Court will entertain no Suits for Charters of Land , or for inheritance , or for Free-hold of Land , or for any titles to Land , or to make several plaints upon one entire debt by bond , or trespass , vi & armis , or actions touching life , nor actions to cause one to render an account . The Office of the County Clarke . THe Sheriff being elected ( before the next County day after his election ) he ought to be very diligent in deputing and constituting a County Clark , 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 enter no plaints ( except in case of Replevins ) out of Court , but in full County , sedente curiâ , yet the course is otherwise at this day , and ( as it seems ) good enough , verifying the diverb , communis error facit jus . He cannot execute the Office of a County Clarke , and practice as an Atturney both at one time , it being prohibited by the Statute of . 1 H. 5.4 . He cannot act any thing without the assent of the Suitors ; if he do , an action of trespass lyeth against the Sheriff . He must be carefull in deputing honest able and sufficient men , as Bayliffs , for the executing of the Precepts issuing ou● of the Court. 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 Plantiff ; and if there be any default in the said Bayliffs in the execution of their Office according to the tenor of their Precept , then they are to forfeit 40 shillings , and to be convicted thereof by the examinations of the Justices of Peace , or any of them . The County Clarke and Plantiff , 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 booke 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. At the adjourning of every Court he must appoint a day certain for the next Court , to the intent the Countrey 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 Free-holders or Suitors in open and full Court , and is published there , and after the Sheriff is to return and certifie into the Chancery the election of every such Coroner and their names ; likewise the County Clarke must there administer to the Coroner his oath for the due execution of his Office. The Coroner being thus chosen and sworn , he is to sit there with the Sheriff at every County Court to give judgment upon Outlawries , which judgment shall be given and pronounced by him in the 5 th County , and there the Sheriff is to return the Outlawrie with the Exigent : But by this judgment no Goods are for ●●●d before the Outlawrie appear of Record : neither shall such an Outlawrie disable the partie . Exigents and Proclamations are to be proclaimed 5. County dayes one after another , and once in the open Sessions , and once at the Parish-Church-dore , where he doth or did lately dwell , that he appear , or else that he shall be Outlawed . And if Proclamation be made 5. County dayes , and at the 5 th 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 ayde of the Law. F.N.B. 163. But before I conclude this Chapter , let me give you in brief , why a man is said to be Outlawed , and a woman wained ; viz. A man is said to 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 possitus ; but a woman is not so , but she is wained , and not Outlawed , because she was never sworn to the Law. If a writ of discharge of the ancient Sheriff be delivered to the County Clarke , sitting in the County Court , the authority of the said Sheriff ( although absent ) shall presently cease . Of Atturneys in this Court. IT was objected to me , that no Atturney could legally practice in this Court , and that every man ought to prosecute his own cause himself : but I shall give him a compendious answer with an Epitomy of the Statute of West . 2. cap. 10. that every man which oweth Suit to the County Court , may make a generall Atturney to prosecute and follow his Suits in all Pleas : and an Atturney may do every thing in the name , and as the act of him which gave him the authority , as if he did it himself : qui per alium facit per seipsum faecere videtur : likewise these Statutes following institute Atturneys in the County Court , viz. 6. E. 1. cap. 8.20 . H. 3. cap. 10. F.N.B. 156. I could instance many more , but I hope this is sufficient to stop the black mouth of a scurrilous antagonist . What Actions may be brought in this Court. Having precipated 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 : therefore what actions will hold in this Court , take as follow . All actions of Debt , either upon an account made by the parties for wages after a hire , summs of money 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 especialitie : sometimes without writing as an arbitrament , receit money 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 Assumpsit● , and other actions of the case , as for a dog killing Cattle , abusing a distress , 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 it should swell beyond its limits ) I will referr you to the reading of the Law ( in one Volume ) learn'dly epitomiz'd by Mr. Shepheard . Within what time Actions must be brought . ALL Actions of Debt grounded upon any lending or contract , as book-debt , without especialty , and for rents in arrear : all actions of trespass , quare clausum fregit , actions of Trespass , Trover , Detinue , and Replevin for taking away Goods and Chattells , 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 acrewed , if the Plantiffe be then of full age , discovert , Compos mentis , at Libertie , out of prison and in England ; otherwise within such time after he becomes so , and not after . All actions of Trespass , for Assault , Menace , Battery , wounding and imprisonment , within four years after the cause of action , and not after . All actions of the Case for 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 dumb , or any other man , woman or child ( except persons disabled by Law ) being wronged , nay 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 do it in person . An Infant must sue by Proahein 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 Equitie , ( yet as Executor he may sue , beeause it is not in his own right , but in trust for another ) but any man may sue him , by Coo. sup . Lit. 128. A man that is attainted in a Premunire , may not sue in any action , idem . 129. And a man that is a convict Reculant is disabled , so long as he so continues . But note , all these disabilities remain during the continuation of the same impediment . No Barretor can maintain any action in this Court , nor have judgement , unless it be required by all the Suitors . Westm . 1 Cap. 3. Of Pledges in this Court. PLedges are obsolete , except it be for 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 Plantiffs : and if the Defendant should Non-suit the Plantiff , and have judgment against the Plantiff and his Pledge . I never yet saw the form of that judiciall precept , that ever issued out to levie 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 . The first thing the Defendant in any Action or Suit is to do , is to appear , and shew himself in person , or by an Atturney in the Court to answer the Action and defend the Suit. He may also appear by an Essoyne which doth delay the cause a Court day longer ; ( The common Essoyne is de male vener ) and if he do not appear the next Court , then it passeth by default , Judgement entred , and Execution issues out against his Goods and Chattels . But after the Defendant hath once appeared in the Court by an Atturney , there shall be no Essoyn allowed . But if he appear neither by an Atturney , nor by essoyn , then further process issues out against his Goods and Chattels , viz. the Precept of Duc. Tec. ) and Attachment , and Distress upon Attachment infinite , untill he do appear . After the Process executed , the Plantiff 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 averr and proffer to prove his Suit , and shew the damage he hath sustained by 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. cap. 15. a Declaration shall be good , if it have matter of substance , though the terms be not apt ; however to avoyd doubts , and that the Atturneys may not altogether depend upon uncertainties , let them be diligent in taking right and due instructions from their Clyents , and inform themselves of every punctilio 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 . 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 5l. ( 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 bargain was for two horses for 5l. so manner and form there is materiall , and parcell of their charge , and so it is in every case , where the action varies from the bargain or speciall matter . But if an action of the Case be brought by the husband alone , upon an Assumpsit to him by R. the Defendant saith , he did not assume in manner and forme , 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 . Or if a Trespass were done the 4 th . day of May , and the Plaintiff declareth the same to be done the 5 th . or the 1. day of May , when no trespass was committed , yet if upon Evidence it falleth out that the trespass was done before the action brought , it sufficeth , 19. H. 6.47 . 5. E. 4.5 . 21. E. 4 66. And Litt , saith , that the Jury may find the Defendant guilty at another day then the Plantiff supposeth , for the Law of England respecteth more the effect and substance of the matter , than every nicitie of form 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 Trespass , Battery , or upon the Case , &c. you are not tyed to lay the certain day ; but you may lay it any time after the cause of action accrewed . A declaraton is sometimes called a Count , as Count in Debt . Kitch . 281. Count in trespass , Brit. cap. 26. Count in an action of trespass upon the case for a slander , Kitch . 251. But a Count it 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. 191.6 . 217. a. If after Process executed the Plaintiff do not appear and file his Declaration , and the Defendant do appear upon such default , the Plantiff is nonsuited , and the Defendant may enter Judgment , and have an Execution for his costs . In every case where the Plaintiff may have costs against the Defendant there , if the Plaintiff be nonsuit , or a verdict pass against him , the Defendant shall have his costs , as in trespass , 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. After the Plaintiff hath appeared and Declaration filed , upon the appearance of the Defendant , Emparlance is to be entred : Emparlance is , when the Defendant , being to answer the Suit or Action of the Plaintiff , desireth some time of respite to advise himselfe the better what he shall answer , being nothing else but a continuance of a Cause till a further day . I had forgot to lay open unto you this word Continuance , had not the foregoing piece put me in minde of it , and it is this ; 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 only a prorogueing of a suit from time to time , to keep it in being ; And this is by the Act , or Order of the Court , and sometimes by the agreement of the Atturneys of both parties . This Rule , or dies datus is when further day is given to the Plantiff to put in his Declaration , or to the Defendant , to put in his answer : the time given is usually 14. dayes , or more of lesse according to the order of the Court , and the agreement of their Atturneys . The next Court after the filing of the Declaration , the Defendant is to put in his Answer , which he pleadeth and saith in Barr , to avoid the Action of the Plaintiff , either by confession and avoidage , or denying the materiall parts thereof . If issue be not joyned upon the answer , then the Plantiff is to file his Replication to the answer of the Defendant , which must affirm and pursue his Declaration . Then the Defendant must put in his Rejoynder to the Plaintiffes Replication , which must pursue and confirm his answer ; for every Replication 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 . If the parties be not at issue by reason of some new matter disclosed in the Defendants Rejoynder that requireth answer ; then may the Plantiff Surrejoyn to the said Rejoynder , if there be cause , but it falleth out very seldome . This Surrejoynder is a second defence of the Plantiffes Declaration opposite to the Defendants rejoynder . 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 . Non sum informatus , is a formall answer of course made by an Atturny , whereby he is deemed to leave his Clyent undefended , and Judgment passeth for the adverse partie . It is a failing to put in an answer to the Declaration of the Plantiff , ( in any action ) by the day assigned , which if a man do , Judgment shall pass 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 money lent , &c. He ows nothing by the Country . To a Bond for performance of Covenants upon an Indenture , or an Arbitrament . Not his Deed or not guilty . To an action of the Case upon an Assumpsit . He did not assume . To an action of Trespass . 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. To an Obligation , the Plea is payment , or a new Obligation taken for the Debt , &c. But to plead payment to an Obligation is no Plea without an acquittance : For an Obligation , or other matter in writing may not be discharged by an agreement by word but by writing : unumquodque dissoluitur , eo modo quo colligatur . To an action of Debt he owes nothing by the Country , or by the Law , or paid . If the action be brought against an Executor or Administrator , the ordinary Plea is , that he never was Executor , or hath fully Administred &c. 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 . If upon an Arbitrament , that there was no Arbitrament legally made , or that he hath performed the award . If upon an action of Trespass , Damage Feasant , that the beasts came in by the default of the inclosure of the Plantiff , or that he hath little of common there &c. If upon an action brought for Rent , that there is no Rent in arrear , &c. To an action of Detinue , that he doth not detain the thing sued for : A release , or a gift to him by the Plantiff , or that he did tender the thing sued for before action brought , that the Defendant did deliver it to him as pledge for ten shillings , which he hath not paid , &c. To an action of the Case for Slander : not guilty , or justifie the words . Case upon a warranty , that he did not warrant , &c. Upon a specialty , Plead , conditions performed , by Threats , Duress , Imprisonment . Upon a Demise , not demised . Upon an Account , as receiver , never receiver : he ought not to render an Account , &c. To trespass , not guilty , an Arbitrament , tender of amends before the Action brought , &c. If divers men do a trespass , and one makes a good accord , this will discharge , and be a bar to all the rest . Cook. 9.79 . If Free-hold be pleaded , the Court in that cause can proceed no further . There are diverse p'eas to an action 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 Octob. 1650. the Defendant may plead the generall issue of not guilty , or such like generall plea , and give the speciall matter in Evidence . Every plea must be offered to be proved true , by saying in the plea ; And this is he 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 Plantiff it is And this he prayeth may be inquired of by the Countrey . If issue be taken upon these Pleas , and a Jury thereupon warned to appear to try them , the Jury appearing , the parties may have their Chalenges . Chalenge of Jurors . CHalenge is said to be where there is evident favour , as kindred , &c. the Juror of Aliance servant beares malice , and hath some Action against chalenger ; Juror a gossipe of the Plantiff ; Juror master to the Plantiff : the Juror eate at the Plantiffes cost , or take money 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 Plant●ffes kindred : those who have been attaint of false Oath . or were seen on the Pillory , or against whom there was Judgement 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 Plantiff , &c. 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 . If a full Jury do not appear , as many as make default , may be amerced : If the verdict find matter incertainly , or ambiguously , it is insufficient , and no Judgement ought to be given thereupon : as if an Executor plead plene Administravit , viz. fully Administred of all the Goods and Chat●els 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 there insufficient . A Verdict that findeth part of the issue , and finding nothing 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 Judgement● for utile per inutile non vitiatur , but necessary incidents required by the Law , the Jury may find . The manner of keeping the Court. THe Sheriff at the first County 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 ▪ the County Clarke , and 4. Deputies ( at the least ) of Replevins for the ease of the County Then enter the stile of the Court , in this manner , viz. Y. ss . The stile of the Court. The first County Court of I. B. Esq Sheriff of the County aforesaid , held at the Castle of Y. on Munday Court. the 7 th . day of July , 1656. Then command the Bayliff to make Proclamation 3. times O. yes &c. 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 . Command the Bayliff to make Proclamation again , O yes , &c. All manner of Persons keep silent , and heare the Lord Protectors writs of Exigent and Proclamation read . A Coroner is to be there then present , to pronounce Judgement of Outlawrie , against those that do not appear upon the Exigent and Proclamation at the 5 th . County . Command the Bayliff the 3d. time to make an O yes &c. Essoyns and proffers ( before the Court 3. times ) for this day . And then say ; If any man will be essoyned , or enter any Plaints , let them come forth , and they shall be heard . Then enter your plaint in this manner . A. B. against C. D. of a plea of Debt . Then call the Plantiff thus , A. B. app●ar , or thou loseth thy plaint ; 3. times . If he appear by an Atturney , then enter his warrant of Atturney , viz. the 2. first letters of his name , over the name of the Plantiff , and then file his 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 distrain'd , and further process will be awarded against thee . If he appear , then enter his appearance , and an Imparlance , to put in his answer ( to the Plantiffes Declaration ) the next Court. When the Defendant hath put in his answer , If the Plantiff joyne issue , they may proceed to try all the next Court day ( except they proceed further by Replication , Rejoynder , &c. ) If it be at issue , send out a venire facias , to summon the Jury , and the Habeas Corp. Then enter on the head of the pannell thus . Jury betwixt A. B. Plantiff and C. D. Defendant , in a Plea of Debt . When they are brought to the Barre , command the Bayliff to make Proclamation &c. You good men that be impannel'd to try the issue between A. B. Plantiff , and C. D. Defendant , answer to your names , every man upon the first call , upon pain and perill that shall fall thereon . If 12. appear , then swear them one by one , in this manner . You shall well and truely try this issue , between partie and partie , according to your Evidence , so help you God. And as they are sworn , enter by every mans name Jur. that is to say juratus est , he is sworn . Being all sworn bid them stand together to hear their Evidence . Then swear the Witness●s . 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. 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 ask them if they be all agreed on their Verdict : Jur. Y●a . Who shall say for you ? Jur. The Foreman . Then call the Plantiff , A , B. appear or thou looseth thy plaint , 3. times ask the Jury if they will stand to their Verdict : Jur. Yea. Whether do you finde for the Plantiff , or for the Defendant ? Jur. For the Plantiff . What damages ? Jur. 2d. What costs of Suit ? Jur. 2d. Hearken to your Verdict , this you say , you finde for the Plantiff , and assesse , damages , 2d. and costs of Suit 2d. so say you all ? Jur. Yea. Then bid the Plantiff pay the Jury . The Court being ended , adjourn the Court to another day to be kept , commanding the Bayliff to make Proclamation , O yes , &c. All manner of Persons , which have any more to do at this Court , let them come forth , and they shall be heard , otherwise they and every one else , may depart for this time , and keep their hour here on Munday the 4 th . day of August next by 9. 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 levie of his Goods , and thereupon the Defendants Goods shall be taken , praised and sold , to satisfie the partie Plantiff , and if the Defendant have no Goods , whereupon levie may be made , then the Plantiff rests without remedie in this Court. Of Distress . COnsidering the many lacrymable wrongs the Country hath sustained by these Locusts , that litigious generation of men , a clamorous company , qui ex injuria vivunt , seminaries of discord , worse than any poler by the high way side , monstra hominum , rabulas forenses , irreligious harpies , scraping griping Catchpoles , monopolizing Bayliffs and corrupt Practisers , and how much the ignorant people are abused and deceived , yea , many times ( as the 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. Really , the advantage that it would produce to the Common-wealth is inexplainable , if the Statute of the 1. H. 5. cap. 4. were observed , that is , that Sheriffs , Bayliffs , one year , not to be in that Office in 3. years after , because by their continuall being in that Office , they grow so cunning , that they are able to deceive the Sheriff , and ruine the whole Country ; Therefore , that the Country be not 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 let you know what a distress is . A distress is either said to be reall ( that is ) when Land distrained upon a Grande cape , or a 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 distress is where one doth take & distrain the beasts cattle and other things of another man in some ground or place for Debt , Rent , or other dutie 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 process , or to do any ministeriall act : for the Law giveth no colour to break a mans house by night . No distress 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 2. others ) to appear such a day , in such a Court , and at such a mans Suit , &c. it is good enough ; and if an Attachment be made , it must be of such Goods ( of the Defendants own proper Goods ) as are moveables , viz. by meere Chattels Personalls , which may be forfeited by Outlawrie , and not immoveables . A Bayliff cannot sever horses joynd to a Cart. Sheep may not be distrained , if there be a sufficient distress besides : No man shall drive a distress out of the County where it was taken . A distress may not be impounded in severall places upon payn of 5l. and treble 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 and ground , as well as in his own . If a Bayliff distrain or attach the horse of a master , where the plaint is against the servant , Trespass lyes for the master against the Bayliff , for the Bayliff ought to take notice at his peril whose goods he distrains or attaches , 13. H. 4. fo . 2.14 . H. 4.24.11 . H. 4.90 . and Doc. and Stud. 139. After distress , or attachment made , if the Bayliff do not return his precept the next Court : Trespass lyeth against the Bayliff for the Defendant , and an action of the Case lyes against him for the Plantiff , 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 distress , he ought to put them in an open pound , for that he which is distrained , may give to them sustenance : but if he distrain dead Chattels , he may put them where he will , but if they spoyle 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 dye , it is the loss of the owner , but if they be put in another places , it is not so . 39. H. 8. ●i●l . distress 6. He which distrains beasts may put them in a close house , if he will give them meat , for the putting of them in open pound , is but to the intent , that the owner may give them meat : 1. and 2. Phil. and Mar. cap. 12. tit . distress . That no distress shall be driven out of the Hundred , unless to the open pound , nor above 3. 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 Cattle , or other person taketh the Cattle out of the said pound , and driveth them where he pleaseth , he who distrained them , may have a writ de parco fracto , F. N. B. 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 distress 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 there , as 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 Trespass , or an action of the Case against him at my chovce , Coo. 4.94 . If one distrain my Kine great with calf , and by driving they lose their calfes , I may have an action of the Cafe , F. N. B. 86. If Goods be impounded in a close house , or secret place , so that the Defendant cannot come to feed them , and the Goods do perish for want of sustenance , the distrainer must pay for them , 33. H. 8. tit . Distress , 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 distress upon a summe , yet this is no excuse , but it is for their deliverance , if they do agree at the time of the distress taken that he should give them meat , and that he should have xx s . ( or a certain propounded summe ) for the same , this is a good bargain , 21. E. 4. fo . 53. An action of Trespass was brought upon the Statute , that none shall be distrained by his Cattell in the Plough , as long as any other reasonable distress may be had : and the Plantiff 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 alledge this , 4. E. 3. and 18. E. 2. Stuffe sent unto a Tayler , Weaver , Fuller , Sheareman , 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 Inne . A horse that a man rideth upon cannot be distrained , Fitzherb . in rescous , 11. quod nota . If a man come into a common Inne , 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 sould , shall not be distrained , per cur . Mich. 7. H. 7. fo . 15.10 . H. 7. fo . 21. Windowes , Dores , Tables fixed on a Post , a Furnace , Pales , Timber , Boards , fixed on the ground , Glasse , &c. cannot be distrained , nor forfeited by an Outlawrie : but if these are not used in a house , but standers by , then they may be distrained , Mich. 21. H. 7. fo . 13. Pas . 14. fol. 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 bared , and with his hand through a crevice , or hole , did shove the bar , and open the dore , and did take out of the house 2. Cowes , in the name of a distress , and because he did take a distress in this manner , it was adjudged the distress to be wrongfull , Abridgment Fizherb , fo . 296. No goods shall be distrained but the proper goods of the partie , 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 distress made by the servant of the Bayliff is good , 27. Ass . 6.7 . If a man distrain cattel , and they of their own accord come home again to the owner , he which distrained them cannot take them again , by reason of the first distress , except he doth freshly follow them , per Danby Justice , because of the negligence of the distrainer , 9. E. 4. fo . 2. 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 business , Pas . 39. Eliz. Coo. B. adjudged . If a beast be unruly in the pound , and is like to leape over the pound , it seems the distrainer cannot justifie the tying of him to the pound , nor the fettering of him . Broo. trespass 250.27 . Ass . pl. 64. None shall distrain wrongfully upon the penalties provided upon the Statute of Marlb . Westm . 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 treble damages , Westm . 1.36.13 . E. 1. An ax 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 sheepe , or if having distrain'd beasts distrainable , he after abuse them , as if being a horse or an oxe he work it , or being unruly he fetter it , or lay it so as it be thereby hurt , or if he put the distress in an unknown place , that I cannot tell how to come to it , to feede it : or if he take them out of the County , and put them in 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 Trespass against him , Coo. 8.147 . Doct. and St. 112. F. N. B. 47. What goods may be taken upon an Execution &c. THe Bayliff after Judgment may distrain the Defendants goods , and detain the distress in his hands , in safegard till the Defendant hath satisfied the Plantiff of the condemnation , 22. Ass . 72. Statham , 11. Eliz. fo . 93. F. N. B. 165. and 4. H. 6. fo . 17. action . 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 contrary , if Judgment be given , that is void or voidable : for where Judgment and Execution is there of a thing whereof they have no jurisdiction ▪ there Trespass lies against the Officer , for executing it : but if Judgment be there but erroneous , and so not void , false Judgment lies , and no Trespass against the Officers , Plowsdens Com. 394. If after Judgment a man doth sell his goods , to defraude me of my Execution , and nevertheless taketh the profits of them : if it be so found , I may have Execution of the goods sould by fraude , 43. E. 3. fo . 2.22 . Ass . 72.50 . E. 3. If the Sheriff open or breaks any house to do Execution at the Suit of a common person , the Execution is good , but the partie , whose house is broken , may have an action of Trespass against him for the breaking of the house , Coo. 5.93.3 . If the Sheriff levie money upon an Execution , and give it to the Plantiff , though he never make any return to the Court , it is good enough , Cook 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 partie grieved may have a Writ de executione Judicii from above , to hasten it . F. N. B. 120. Goods pawned shall not be taken upon Execution , for the debt of him which pawned them , during the time they are pawned , 24 H. 8. Pledge 28. & 4 E. 6. distresse . 75. By Fieri facias ( or Levari facias ) the Bayliff cannot break the door or chest to take goods in Execution , for if he do , trespass 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. contrary . If a man letteth to farme by the year Oxen , and cattell , and after the lessee for years is condemned in an action of debt , these cattell and Oxen demised , during the terme , 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 , Coo. 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 there lyable to the Execution , and being come in at the open door , it seemes he may break open any of the inner doores , 18 E. 4.4 . Coo. 5.90 . Cook 4.74 . Of the Replevin . CAttell being-distrained for Rent , &c. the owner must go to the County Clerke ( or some one of the Deputies appointed in the County : for the granting out of Replevins ) to have a Replevin directed to the Bayliffs to Replevie them , and the partie 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 returne of the same cattell to the distrainer , if he by justification or avowrie 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 removed out of the County into the Common Pleas by a Writ of Recordare . If the goods cannot be taken by the first Replevin , then issues forth an alias , then a plures , then a toties quoties , and if none of these will do , then a Withernam . The sueing out 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 found out , he shall make a precept to the Bayliff in the nature of a Withernam to take as many cattell of the other partie . And if the Bayliffs upon the Withernam thus awarded , return that the other partie hath nor any thing , &c. he shall have an al. and pl. and so ad infinitum , and hath no other remedy in this Court. But now to return again to the Replevin , if the thing distrained , be put by the distraynor 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 , beat down the door or place , where they are , to take them , and the owner of the goods shall recover double for his loss what ever it be . He that hath the Replevin must have either a generall or a 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 . Divers mens cattell being taken , they may not joyn in one Replevin , but must have severall Replevins . If a man taketh and impoundeth goods , a Replevin may be of more cattell than were impounded , for if a man distrain Cowes or Ewes , &c. they have in the pound Calves or Lambes , the Plaintiff shall have a Replevin for them all , and by Littleton it was adjudged , Mich. 8 E. 3. That if a man distraineth and impoundeth a Sow great with Piggs in the pound , the owner shall have a Replevin for the Sow and the piggs . If cattell be distrained and a Replevin is sued , the defendant doth avow for taking of them damage feasant , or for rents , customes and services , and are at issue , and after the plaintiff is non-suite , or otherwise barred , he shall loose his costs and damages , by the Stat. of 7 H. 6. cap. 5. but by the Stat. 21 H. 8. it is clear , Pasc . 14. Mar. Dyer . 141. Of the nature , and return of those Writs that do remove actions out of this Court into superior Courts . WRits removing suites out of this Court , may be without shewing cause in the Writ , ●● the remove be by the Plaintiff : but not without shewing good cause , if it be by the defendant . And first of a Recordare . A Recordare is a writ issuing out of the upper Bench or Common pleas , directed to the Sheriff , commanding him to send a plaint that is before him in his County Court , without writ of Justicies into the Court from whence the Recordare came , to the end that the cause may be there determined . And the Sheriff is hereupon to summon the other partie 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. 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 the Plea , of which within is made mention , which appears in a Scedule to this writ annexed , and that Record I have before the Justices within written , at the day and place within contayned , 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 , & 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 Scedule to this writ annexed . At my County Court held at the Castle of Y. in the County aforesaid , such day and year , before J R. M L. J. S. and S D. four suitors of the Court aforesaid amongst other matters is contained . Yo. ss . R S. complaineth again B. W. of a Plea of Debt ▪ ( or as the case requires . ) J B. Esquire Sheriff Pledg . of Prosec . J S. J D. in testimony of &c. By venue 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 J L. four legall Knights of my County , of those who at that Record present were , as it appeareth in a certain Schedule to this writ annexed , according to the Exigencie 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 . A B. complains of C D. in a Plea of taking , and unjust detayning of the beasts of him the said A. B. in testimony of which matter , E B. S D. J. W. and J R. four legall men of those who at the Record present were in the full Court at the Castle of Y. in the County aforesaid , the tenth day of A. the year , &c. to the same Record their seals severally have put the day and year abovesaid . The nature of a Pone . A Pone doth nothing differ from a Recordare , but that a Pone is alwayes to remove such suites as are before the Sheriff by writ of Justicies , and not by plaint onely ; but the Recordare is to remove the suite that is by plaint onely without writ . F N. B. 70.11 . By vertue of this writ to me directed , I have put before the Justices , &c. of the Common Bench at Westminster , the Plea which is in my County by Writ of his Highness the Lord Protector of Justicies , betwixt A B. and C D. of a Plea of Debt , as it is said , as it appeareth in a certain Schedule to this writ annexed , &c. At my County Court held at the Castle of Y. in the County aforesaid , on Munday the twelfth of A. the year , &c. A B. complaineth against C D. of a Plea of Debt , in testimony of which matter , R L. S R. J O. and S D. four legall men of those who at the Record present were in full Court there seals severally have put the day and year abovesaid . A B. complaineth of C D. of a Plea of Debt . xx l. A Writ of Prohibition is of the same nature of a Recordare ; and a Pone , but not now used . These two writs are both of one nature , though the Writ of Consultation , be obsolete , and the writ of Procedendo stept up in its place , it lieth where a cause hath been formerly removed by Pone , or Recordare , from this Court to one of the Courts at Westm . and for want of sufficient cause of removeall is sent back again , Fitz. old Natura . Brev. 50. The nature of a Writ of false Judgment . A Writ of false Judgment lieth where an erroneous Judgment is given in this Court , ( being no Court of Record ) then the partie grieved by the Judgment , may have this writ , and remove all process of the Suit into the common Bench , and there it shall be examined , if it be found erroneous the Judgment , shall be reversed , and the suitors of the Court , who gave the Judgment , amerced . By vertue of this Writ to me directed , to be Recorded , I have caused the Plea ( which is in my County ) together with the proceedings and the Judgment , betwixt the parties beneath , and to the same parties day have prefixed to be before the Justices within written , at the day and place within contained , as that writ exacts and requires , which Plea with the proceedings and judgment , appeareth in a certain Schedule to this Writ annexed . A plaint by writ in the County Court , holden at the Castle of Y. in the County aforesaid , on Monday the 23d. day of August , the year &c. before the suitors of the same Court , in the tine of I. B. Esq Sheriff of the County aforesaid , according to the custome and priviledges of the same Court , ( time whereof the memory of man is not to the contrary ) have been used and approved of in the same . At this Court came A. B. in his proper person , and brought here into Court a writ of his Highness the Lord Protector of Justicies . Which said Writ followes in these words ; Oliver 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. have made an assault , and have beaten , wounded , and evill intreated him , so that of his life it was despaired , and have done him other wrongs , to the great damage and grieveance of the said A. B. and therefore we command you , that you heare the said plaint , and after cause them to be therefore brought to Justice for the same , that I heare no more complaint therein for want of Justice , witness our selves at Westm . the 10 th . day of August in the year &c. and thereupon found pledges to prosecute the said plaint , that is to say , Jo. Doo . and Ric. Roo . and thereupon the said A. B. put in his place S. D. his Atturney in the plaint aforesaid , and by his said Atturney required process to be made to him upon the same : And it was commanded by the said I. B. Esq Sheriff of the said County to all , and singular his Bayliffes , joyntly and severall , 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 Munday the 20 th . 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 Atturney aforesaid , and offered himself against the said C. D. in the plaint aforesaid ; and then and there came I. P. one of the Bayliffes in the County aforesaid , of the said I. B. Sheriff of the County aforesaid , and returned the said precept so directed as aforesaid , served and executed on him : and the said C. D. did Essoyn , because he could not come untill the next County Court , to be holden at the Castle aforesaid , at which said next Court ( viz ) on Munday the 18 th . day of October , then next following in the year abovesaid came the aforesaid A. B. by his Atturney 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 Atturney against the said A. B. in the plaint aforesaid , and by his said Atturney 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 Atturney aforesaid declared against the said C. D. upon the plaint aforesaid , in manner and form following . Y ss . A. B. by vertue of a Writ of Justicies by S. D. his Atturney complains of C. D. of an action of Trespass and Assault , for that the said C. D. the 10 th . day of October in the year &c. at the Castle Y. &c. in and upon the aforesaid A. B. did make an assault and affray , and him did beat , wound , & 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. saies he is damnified to the value of xxl. 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 Munday the 15 th . 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 as well the said A. B. by his Atturney aforesaid , as the said C. D. by his Atturney aforesaid , and then and there the said I. B. Esq was removed from the Office of Sheriff of the County aforesaid , and R. L. Esq was duely 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 , untill the next County Court , on Munday the 13 th . day of December , then next following in the year abovesaid , to be holden before the suitors aforesaid , saving to the parties &c. at which day at the said Court before the suitors aforesaid , holden at the Castle aforesaid , came as well the said A. B. by his said Atturney , as the said C. D. by his Atturney , aforesaid , and the said C. D. by his Atturney aforesaid , came and defended the injurie when &c. And the said Atturney 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 trespass , and assault , and wounding aforesaid , but because it was not known to the Court , what damages the said A. B. had sustained by reason of the premisses : therefore at the next County Court holden at the Castle of Y. aforesaid , in the County aforesaid , before the suitors aforesaid , upon Munday the 10 th . day of January then next following in the year aforesaid , it was required by the Oathes of I W. RS. SG . ML . TP . &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 , and assault , and wounding , say upon their Oathes , that the said A. B. hath sustained damages by occasion of the trespass , and assault , and wounding to xl. and for his costs and charges by him in that behalf expended to 2d. 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 forme aforesaid assessed , and also fourty 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 12l. and 2d. and the said C. D. in Mercy &c. In Testimony &c. The nature of an Accedeas ad curiam . This Writ issues out of the Upper Bench , or Common Pleas , directed to the Sheriff , commanding him to go to such a Court of some Lord or Franchise , as Court Bason or the like , ( being no Court of Record ) where a plaint is sued , or a false Judgment 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 certificate into the Court above , at the day appointed by the Writ : F. N. B. 71. Plowden . 74. Finch . 444. This writ cannot be had without shewing some cause for the removall of it : as that a Free-hold is in question there , or some forraign plea is pleaded not triable in that Court , or such like , F. N. B. 70.119 . The County Clarke is to make a warrant upon the writ in this manner viz. Yo. ss . # J B. Esquire , Sheriff of the County of Y. to the Steward and Bayliff of the Court of 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 trespas upon the case brought by the said R S. against the said G M. as is said . 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 dayes under your seals , and the seals of four lawfull 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 , & this warrant ; fail not hereof , &c. Given under the Seal of my Office this 2 d. day of June in the year of our Lord 1656. # By the Sheriff . ss . The Court Barron of G S. J K. &c. holden at P. for the Honour of P. the 12 th day of June in the year of our Lord 1656. Before J H. T H. J G. and R H. suitors of the said Court. # R S. complains against J N. in a Plea of trespas upon the case , to the damage of xxxs. 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 lawfull 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 . WO. Steward . Suitors . J H. T H. J G. R H. By vertue if 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. &c. four legall men of my Shire of those who at the Record present were , and to the parties , &c. 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. J 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 denyed ; for which execution of the writ aforesaid make I could not . The Return of a Writ for the Election of a Coroner , after the death of another . AT my County 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. J M. who ( as the manner is ) hath taken his oath corporall , that he will do and keep those things which to the office of Coroner in the Country 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 Munday , &c. the year , &c. within written , J 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 Munday , &c. the year aforesaid ; the aforesaid J 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 Munday , &c. the year aforesaid the aforesaid J 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 Munday , &c. in the year aforesaid the aforesaid J 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 Munday , &c. in the year aforesaid the aforesaid J C. and the rest of the Defendants within named the fifth time were exacted and appeared not , And therefore J C. and the rest of the Defendants within named by Judgment of J W. and W R. Gent. Coroners of the Common-wealth of the County aforesaid , according to law and custome of the Common wealth of England outlawed are , and every of them is Outlawed . J B. Esquire , Sheriff . By vertue of this writ to me directed , at my County held at Y. in the County of Y. within written on Munday , &c. the year , &c. within written , the said J R. within named first exacted was and appeared not , this Writ , so above Indorsed to me delivered was by J 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 . 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 J B. Esquire late Sheriff of the aforesaid County , my next predecessor . If it be against a woman , she cannot be said to be outlawed , ( for the reasons I shewed before ) but waived , so that the latter part of the return must be thus , viz. Therefore according to Law and custome aforesaid B D. waived is . By vertue , &c. at my County , held on Munday , &c. the said year , &c. within written , the aforesaid T C. the fifth time exacted was , and appeared not , and for defect of N B. and R C. Coroners of the County aforesaid further thereupon to prosecute I could not . By vertue , &c. and at my County , &c. and that there were not more Counties in the County aforesaid held , from the day of the receit of this writ , to the day of the return of the same , wherefore nothing done is at present . Or thus , And therefore in the Execution of this writ farther to be done , nothing acted is . By vertue , &c. at my County aforesaid held on Munday , &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 Highness the Lord Protector , &c. of Supersedeas which to this writ annexed is : wherefore the Execution of this writ farther to be done , I have superseded altogether . As in the foresaid writ of his Highness the Lord Protector , &c. of Supersedeas , to me is commanded . As to exact , take Outlawed , or at all molest the within named J R. by vertue of this writ , to the Justices , &c. within written ; at the day and place within contayned I certifie , that by vertue of a certain other writ of his Highness , &c. to me directed to this annexed , I have superseded altogether , as by that writ to me is commanded . And besides J 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 J C. who dead is , will not appear , therefore by Judgment , &c. and the aforesaid T C. waived is in presence of T R. and F W. Coroners of , &c. of the County aforesaid . At the County , &c. 1 , 2 , 3 , 4. exacted he was , and hath appeared , and rendred himself to the prison of , &c. of the Castle of Y. where so sick he is , than for fear of Death him before the Justices within written , at the day and place withing 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 Munday , &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 Munday , &c. the year , &c. within written , the second time to be proclaimed I caused ; as also ' at the Generall Session of the Peace held at Skipton for the West-Riding of the said County , within writen , Thursday , viz. the twelfth day of September aforesaid the year , &c. within written , publiquely to be proclaimed I caused , that J C. and all other the Defendants within named , themselves , to render to the within Sheriffs of L. so that the same Sheriffs have their bodyes before the Justices within written , at the day and place within contayned ; as this Writ exacteth and requireth . Of Processe in this Court. PRocesses of this Court , are either Originall issuing out before Judgment : Or Judiciall issuing out after Judgment . Originall is a Distring as , or County warrant , &c. Judiciall processe is onely a fierifacias , or Execution , directed to the Bayliff , to levie the debt or damages , and cost of suite recovered , of the goods and chattells of the defendant , or of the plaintiff , if he be Non-suite . And first of the Originall Processe , viz. Distring as , or County warrant ; which is a precept issuing out for a debt under fourty shillings . It s form is as followeth . Yo. ss . J. B. Esquire , 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 & chattells within the said County , so that he be and appeart at the next County Court to be holden at the Castle of Y. upon Munday the tenth day of July , 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 Distring as executed ; then farther processe issueth out against him viz. a Duces tecum to cause him to appear . If not upon the first Duces tecum , he appear , you may have an al. Duces tecum , and a plur . Duc. tec. ad infinitum , until he appear , and no other remedy here . The form is thus . Y. ss . J B. Esquire Sheriff , &c. to all &c. greeting I command you and every of you jointly and severally , that you bring with you , and have at the Castle of Y. at my next County Court , all those goods and chattells of R B. which late by vertue of another precept of mine to you first directed , you distrain at the suit of S D. and that you farther distrain the said R B. by his other goods and chattells 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 Distring as , or Duc. tec. speciall . Then thus , J B. Esquire Sheriff of the County aforesaid , to all my Bayliffs and their deputies in and through the County aforesaid ; more especially to J B. and R S. my Bayliffs in this behalf , specially deputed , greeting , &c. then proceed on as in the former . Of the Writ of Justicies . THIS Writ issues out of the Chancery , directed to the Sheriff , giving him power to hold Plea in this Court , in actions for fourty shillings or above . It is called a Justicies , because it is a Commission to the Sheriff to do a man Justice and right , and requires no return , unlesse the action be removed by Recordare , & then the Writ must be returned together with the Record . The forme of the precept upon the Writ is as followeth . Yo. ss . G M. Esquire , Sheriff of the said County to all and singular my Bayliffs within the said County , and to their Deputies greeting . By vertue of writ of Justicies of Oliver Lord Protector , &c. to me directed : I command you and every one of you jointly and severally , that you or some of you do Justice to J 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 &c. # A Replevin . IF any goods be taken wrongfully , ( as before I have more largely declared unto you , ) then the partie grieved , may have a Replevin , which must be made after this manner . Yo. ss . G M. Esquire , Sheriff , &c. to all and every my Bayliffs , &c. greeting . Because G A. hath comed before me , and given sufficient security to prosecute his suite , 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 and 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 or 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 detayning of his said goods : and that you or some of you then & 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 signific . which Replevin must be made after this manner . G M. Esquire , &c. to all & singular my Bayliffs , &c. greeting , because G A. hath comed before me , and given sufficient security to prosecute his suite , 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 aforesaid G A. two kine , ( without delay you cause to be replevied , or the cause to me you signifie werefore 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 cattel be not delivered upon this Replevin , nor shew sufficient cause why he did not : then the partie may have a Plures Repl. velcausam mihi signif . which must be made verbatim as the alias repl . was made ; and if return be made upon any of these Replevins , quod averia olongat . sunt ad loca sibi ognot . Ita quod averia ill ' pref : G. A. non potuit deliberar . then the Plantiff may have a Withernam , which must be made in this manner . G. M. Esq &c. to all , &c. greeting ▪ because G. A. hath comed 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 my precepts for replevie to be made to you directed , me hath certified , that the same two Kine elongated are to places to you unknown , so that view of the same have you could not ; therefore I charge , and also command , that you take in Withernam chattels to the value of the said two Kine , of the chattels of the said H. H. to be delivered to the foresaid 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 . 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 mailce 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 foresaid G. A. be delivered safely and surely to be kept , untill to the same G. A. his beasts aforesaid , according to Law you can replevie , and according to the tenor of my mandate aforesaid . Therefore you and every of you , joyntly and severally I command that you take or . &c. the beast of the aforesaid H. H. to the value , &c. in Withernam , and those to the aforesaid G. A. to 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. the Plea aforesaid , and the answer of this my precept known make you , &c. at the next Court , given under the seal of my Office , such day and year , &c. # Note that when a Replevinis 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 granter of the Replevin , and to the executioner thereof : and the form of that bond , and condition thoreof is this . Know all men by these presents , that we G. A. of Skipton in the County of Y. gent. and I. B. of the same Town and County yeoman , am held and firmly obliged to G. M. Esq Sheriff of the County aforesaid , in the summe of 100 l. of lawfull money of England , to be paid to the said G. M. or his certain Atturney , his Executors or Assigns , to which payment well and truely to be made , we bind us our Heirs , Executors , and Administrators , firmly by these presents , with our seals sealed , Dated the 10 th . day of July in the year of our Lord 1656. # The condition of this Obligation is such that if G. A. do appear at my next County Court to be holden for the County of Y. at the Castle of Y. on Munday the , &c. next , and do prosecute there with effect his suit which he hath commenced against H. H. for the taking and unjust detaining of two Kine , of the goods of him the said G. A. and do 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. The condition , &c. that whereas G. A. hath obtained from the above-named Sheriff , a Replevin for the delivery 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 do save and keepe harmeless the said Sheriff , by reason of the said Replevin , to him granted as aforesaid , that then this &c. A Tolt . TOlt , comes from the Latin word tollo , viz. to take away : It is a precept by which a cause depending in a Weapentack Court , or other inferiour Court Barron , may be from thence removed into this Court ; The form is this . Yo. ss . I. B. Esq Sheriff of the County aforesaid , to the Steward , and also to the Bayliff of the Hundred , of H. greeting ; Whereas I am informed that you are favourable , 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 Highness 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 proceede therein , and this , &c even under the seal of my Office the , &c. The. return Hundred of H. ss . At the Court Barron , holden at W. within the Hundred of H. upon Wednesday the last day of July the year , &c. in the time of I. B. Esq Sheriff of the County aforesaid . W. A. Plantiff , complains of R. M. Defendant in a plea of Debt , damages xx . 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 Process . JUdiciall Process issues out after Judgment , either by default , or nihil dicit against the Defendant ; Non-suit against the Plantiff : The form of Judiciall Process , or a fieri facia● is this . Yo. ss . I. B. Esq Sheriff , &c. to all and singular my Bayliffes , &c. greeeting . I command and you and every 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 30 s. 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 money at the Castle of Y. at my next County Court , there to be holden upon Munday , &c. to render to the said H. S. of the debt and damages aforesaid : whereof he is convict , and this given under the seal of my Office , &c. I. B. Esq Sheriff &c. to all and singular my Bayliffes , &c. greeting . I command you and every of you , joyntly and severall , that you or some of you levie 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 forty ponnds , which T. L. in my County Court , by vertue of a writ of Justices recovered against him : as also 20 s. which to the said T. L. in the same Court was adjudged for his costs and damages , which he sustained by reason of the detaining of the said debt ; If the said I. W. Executor of the Testament of the said W. W. have so much goods or chattels in his hands , 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 , levie of the proper goods and chattels of the said I. W. the damages and costs aforesaid , so that I may have the said moneys at my next County Court , to be holden at the Castle of Y. &c. to render to the said T. L. the debt and damages aforesaid , whereof he is convict ▪ and this given under the seal , &c. I. B. Esq &c. to all and singular my Bayliffes , &c. greeting . I command you and every of you , that of the goods and chattels of T. O. you levie 20 s. which S : D. in the County Court , ( according to a Satute 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 money 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 , &c. I , B. Esq &c. to all , &c. greeting . I command you , that you of the goods and chattels of T. C. you levie 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 T. C. against him the said P. P. lately brought , whereof the said P. P. was quieted , and by verdict of his Countrey , whereof the said T. C. was convict : and have you the moneys 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. # Of a Scire facias . IF a Fieri facias doe not issue our 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 on the first Judgment . If Judgment be given against a Testator , albeit it be within a year after the Judgment had , yet there must first issue out a Scire facias , against the Executor or Administator ( before Execution ) to shew cause why it should not be had . Or if a man recover against a woman 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 . Yo. ss . J. B. Esquire 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 Y. on Munday the tenth day of Febr. 1654 , before the Suitors of the said Court , recovered against G L. aswell a certain debt of xxxij s. which the said W F. in the same Court , recovered against him , as 13 s. and 10d. which to the said W F. in the same Court was 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 remaines 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 Judgment . 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 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 levie 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 April , in the year of our Lord 1656. # Scire facias against an Executor , after Judgment against the Testator . Yo ss . I. B. Esquire 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 Judgment of the said Court had recovered against N N. as well a debt of fourtie pounds , as twenty two shillings and two pence costs , for his damages which he sustained by reason of the detaining of the said debt ; wherefore he is convict , as appears by the procedings remayning in the said Court. And whereas the execution of the said Judgment yet remaineth to be done , and the said N N. since the giving of the Judgment aforesaid is dead , as by the intimation of the said R. 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 N 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 R. ought not to have his Execution against her of the debt and damages aforesaid , to be levied of the goods and chattells which were of the said N N. at the time of his death , and further to do and receive &c. Given under the Seal of my Office , &c. # Venire facias . Yo. ss . J. B. Esquire , Sheriff of the County aforesaid to the Bayliff of the Hundred of O. or his Deputie 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 Munday , &c. All those severall persons mentioned in the pannell hereunto annexed , to trie such severall 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 perills , together with this Precept . Given under the Seal of my Office , &c. # Or thus . J. B. Esquire , &c. These are to require you the said Bayliff , to cause to come twelve good and lawfull men of your Bayliwick , that they be and appear at the next County Court holden at the Castle of Y. on Munday , &c. next ensuing to try an issue joyned between A B. Plaintiff , and C D. Defendant , concerning a Plea of debt . ( or as the case is ) And this given , &c. Subpoena , al. dict . a Warrant ad testificand . J. B. Esquire , Sheriff of the County aforesaid , to J. B. J. G. &c. greeting , to you , and every of you I command , that ( all excuses and delayes being set appart ) you and every of you be and personally appear at the next County Court holden at the Castle of Y. on Munday the tenth day of June 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 forfeiture of 100l. each of you . And this given under the Seal of my office the , &c. # A Precept upon a Proclamation . Yo. ss . I. B. Esquire 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 after Divine service ▪ where the severall persons under-written live , and that they and every one of them yeeld their bodyes to me the Sheriff of the said County , where the exigent lyeth , to answer the person , at whose suite the Exigent is against them . And hereof fail not at your perill . Given under the Seal of my Office the 22 th . day of August in the year of our Lord 1656. At the electing 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 Highness the Lord Protector and the Common-wealth in the Office of a Coroner : and as one of his Highnesses Coroners of the County of Y. and therein you shall truly and 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 Lawes and Statutes of this Commonwealth , and no otherwise ; So help you God. A Warrant of Atturney . To S D. one of the Atturneys 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 the said Court on Munday , &c. in an action of debt , for &c. at the suite of E D. upon an Obligation conditioned for the payment of , &c. in which said Obligation I stand bound as principall . And this shall be your sufficient warrant in that behalf . In witness , &c. A Deputation , for a Bayliff of an Hundred . I. B. Esquire , Sheriff 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 Bayliff and Deputie within the Hundred of B. in the North-Riding of the County of Y. aforesaid , to have and execute the said Office of Bayliff within the said Hundred , or elsewhere , within the said County of Y. or as occasion shall require it , during my pleasure only and no longer : and to receive and take to my use all fees as well for Distress , Attachment , and Perquisites of Courts , and other profits due and accustomed whatsoever to the said Bayliwick belonging , or in any wise appertayning ; And whatsoever my said Bayliff shall lawfully execute and doe in his said Office , I do hereby warrant , ratifie and confirme , as my own act and deed . In witness whereof I have hereunto set the Seal of my Office this seventh day of July , in the year of our Lord 1656. #   s. d. Distringas or County-warrant , 0 8. Bayliff fee for serving , 0 4. Duc. tec. 0 8. Fee to the Bayliffs for serving , 0 4. Warrant of Atturney , 0 2. A speciall Distringas , 1 8. Duc. tec. speciall , 1 8 Writ of Justicies , 2 6. Precept upon the Writ , 2 4. Fee to the Bayliff for serving , 2 0. A speciall precept upon the Writ , 4 4. Warrant of Atturney upon it , 0 4. A Replevin , 2 4. The Bond , 1 0. A speciall Replevin , 5 4. Bayliffs fee for serving , 2 0. Essoyne for every name , 0 4. Drawing declaration . 1 0. Imparlance , 1 0. Coppy of the Declaration , 1 0. Answer and allowing , 2 0. Replication and allowing , 2 0. Rejoynder and allowing , &c. so of the rest , 2 0. Rule , 0 4. Default , 0 4. Non-suite , 0 4. Dividing a plaint , for every name that is divided , 0 4. Subpoena , or warrant ad testif . 0 8. Venire facias , 2 0. If tryed for the Habeas Corpora 2 0. Fee to the Bayliff , 2 0. Judgment , 2 0. Fieri facias , 2 0. Bayliffs fee for executing , 2 0. Al. fieri facias . 2 0. Scire facias , 2 0. Fee to the Bayliff for executing , 2 0. Transcript upon a plaint , 1 8. Transcript upon a Writ of Justic . 3 4. Tolt , 1 2. Precept upon an Acced . adcur . 2 4. Recordare allowing , 4 0. Pone allowing , 4 10. Writ of false Judgment allow . 6 8. Supersedeas , 2 4. Procedendo , 2 0. The Order of Judges at the Assizes at york , 24 th . day of July , 1654. concerning Essoynes illegally returned into this Court. WHereas of late Judgments have been surreptitiously obtained in this Court by reason of Essoynes unduely brought into the Court , by Bayliffs or their Deputies , and others , after Attachment of goods for appearance , which pretended Essoynes , being afterwards disavowed by the Defendants , have occasioned sundry complaints , and suites 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 Essoyne shall be entered and allowed by the Court to save a default , unless it be warranted in writing , under the proper hand-writing , or under the hand , Seal , or mark , of the Defendant , thereby specially authorized , the partie being the Essoyner to cast such Essoyne for him , and in his name ; for the truth of which subscription , or sealing , the same Essoyne is to be sworn in open Court , and no Essoyne is to be admitted , or received from henceforth being not affirmed and sworn unto , and so entered upon the back of the Warrant of Attachment , which is to remain upon the file amongst the rolls or proceedings of the Court , and if any other person ( not being a Bayliff ) shall be the Essoyner , 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 remayn in Court as aforesaid ; And no Judgment shall be given where there is no other appearance but an Essoyn : Unlesse the Essoine shall appear to be warranted as aforesaid . Some select Presidents of Declaratins and Pleadings incident and belonging to this Court. Debt . Executor against an Executor a bill . County Court ss . # E. F. Executor of the last Will and Testament of J F. deceased , by vertue of a Writ of Justicies to the Sheriff of the County aforesaid directed , by J S. his Atturney complains of M W. Executor of the last Will and Testament of R W. late of T. in the County of Y. husbandman deceased , otherwise called R W. late of T. of Y. Husbandman deceased , of a Plea , that he render unto him 7. of , &c. which he unjustly detaines from him , &c. for that whereas the said R W. in his life time , that is to say , the xx th 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 J F. in his life time , the whole and just sum of 7l. of &c. to be payd to to the said J F. his Heirs , Executors , Administrators , or Assignes , upon the third day of May next ensuing the date of the said bill ; And for the payment thereof , the said R W. then and there bound himself , his Executors , Administrators and Assignes . Neverthelesse the said R W. in his life time , though often thereunto required the said 7l. to the said J F. whilst 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 , payd the same to the said E F. Executor of the last Will and Testament of the sayd J F. to which said M W.'s hands , came all and singular the goods and chattells 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 said 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 to 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. F. deceased &c. Upon 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 Atturney of I. H. of C. in the said County gent. of a Plea that the 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 call'd 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 Assigns , would pay or cause to be paid to the aforesaid T. B. his Executors or Assigns , 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 Assigns , or by him that should bring the said bill , the said summe 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 wife 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 espousalls 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 , or to the aforesaid T. N. and E. after espousalls between them celebrated , hath not rendred , but the same to render to them hath denyed , and the same to them the said T. N. and E. as yet to render doth denie , 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 . ANd the aforesaid I. F. by R. B. his Atturney , comes and defends the force and jnjury when &c. and saves 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 . Yo. 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 J H. because they say , that the aforesaid J 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 J H. hath above alledged , and this they pray may be inquired of by the Countrey ; And the aforesaid J H. in like manner : Therefore , &c. Vpon retainder for shooing of horses , &c. Yo. ss . # A. B. by S D. his Atturney complains of C D. of a Plea &c. for whereas the aforesaid C D. ( such a day and year ) at S. &c. retained the said A B. to set on upon horse feet , of the aforesaid C D. fourty new Horse-shoes , and to remove fourty Horse-shoes , and to mend one paire of plow-Irons , and to make one fire-shovell , to take of the said C D. for the setting on of the aforesaid fourty new Horse-shoes , and fourty romoves , xxi s. and so of the other parcell to contract to be paid to the said A B. when he should be thereunto required , by vertue of which retayner , the said A B. the said fourty new Horse-shoes , and fourty removes upon the Horse-feet of him the said C D. did set on , &c. by which action acrewed , &c. Hil. 37 Eliz. Rot. 517. Vpon an account . County Court ss . # E B. complaines of T A. of a Plea , that he should render unto him 12l. of &c. which she owes , and unjustly detaines 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 diverse smms of money , then and before that time due , and owing , by the said T A. unto the said E B. And upon that account , the said T A. then and there did acknowledge himself to be in arreare and owing unto the said E B. the sum of 12l. to be payd 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 payd to the Survivour . Yo. ss . # R. K. by , &c. complaineth of W A. Upon a Plea that he render unto him xx s. of lawfull English money , which he oweth unto him , and unjustly detayneth , &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. 3l. of lawfull , &c. to be paid to them or the Survivour of them on Easter Monday then next following ; of which said 3l. the said W A. payd to the said R K. and R W. in his life time the sum of fourty shillings , and there then remayned unpayd the sum of xx s. since which , and about the Nativity of Christ 1652. the said R W. dyed , and the sayd R K. him survived , whereby action doth a crew to the said R K. alone to have and demand of the said W A. the said xxs. Notwithstanding the said W. A. though often thereunto requested the said xx 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 xxxix s. and xi i , And thereupon produceth this suite . &c. For Rent in arreare . Yo. ss . # R. M. by , &c. complaines of H D. of a Plea that he render unto him xxx s. of , &c. which he owes unto him , and unjustly detaines from him . For that the said R. M. the tenth day of Apr. year , &c. at the Castle , &c. demised , granted , and to farme let unto the said H D. one Cottage or dwelling house , one garth , and foure acres of arable land , Meadow or Pasture , with the appurtenances be they more or lesse lying and being at W. in the County aforesaid , 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 Assignes , from the Annunciation of the blessed Virgin Mary commonly called Lady day , then last past , for and during the terme of three years then next following , fully to be compleat , finished and ended , yeelding and paying therefore yearly rent , for the said promises to the said R M. for the first year of the said three years , the rent of 3l. present money , and in Land to be payd to the said R M. and 3l. 10 s. of &c. yearly to be payd to the said R M. for the other two years residue of the said terme , at the feast of St. Michael the Archangell , and the Annunciation of the blessed Virgin Mary , by even and equall 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 xxxv s. for the half year rent ended at the feast of St. Michael the Archangell , in the year , &c. is in arreare and unpayd 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 xxxv s. Neverthelesse the said H D. although he hath been often required the said xxxv s. the same to the said R M. he hath hitherty denied to restore and pay , and as yet doth deny to restore and pay ; to the damage of the said R M. of xxxix s. And therefore he brings this suite , &c. For Servants wages . County Court. ss . # A W. by , &c. complaines of R S. of a Plea that he render unto him xxiiii s. of &c. which he owes unto him & unjustly deteyns from him . For that whereas the said J D. that is to say , the day , year , &c. at the Castle , &c. retayned the said A W. to serve the said J 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 occations , and commands of the said J S. by the time aforesaid , paying therefore the said A W. xiid . of , &c. which the said J S. then and there payd to the said A W. and also xxiiii 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 J S. in the place of a man-servant , and did , and executed the lawfull commands , and occasions , of the said J S. by the time aforesaid , and that xxiiii s. for his salary for his said service by the time aforesaid , due at the feast of St. Martin the Bishop , in Winter , 〈◊〉 the year &c. above mentioned , is yet arreare and unpayd by the said J S. to the said A W. by which an action accrews to the said A W. to have and require of the said J S. the ●●●d xxiv s. Nevertheless the said J S. ●hough 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 Atturney ) complaines of T W. upon a Plea that he render to him 6l. of , &c. which he oweth to him & unjustly detaines . For that whereas the said T L. the day , year , &c. at F. aforesaid , in the County aforesaid , &c. was possessed and occupied of and in four acres of Meadow 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. against the form of the Statute in the fifth year 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 carryed away . Yet Notwithstanding the said T W. though often requested , &c. Upon an award . R. H. by vertue , &c. by E B. his Atturney doth complain of H S. of a Plea that he render to him 10l. of , &c. which he oweth him , and unjustly detayneth , &c. For that whereas as the xxvth day of A. in the year , &c. at the Castle , &c. it was concluded & agreed betwixt the said H S. on the one partie , and the said R F. on the other partie , that they and both of them should stand and abide , the order , dome and Judgment of J D. and M L. of all and every the suites , troubles , differences , debts , trespass 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 partie not standing thereto , to forfeit to the other parties the sum of 10l. of , &c. And for confirmation thereof , they did both of them set to their hands and seales the day and year 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 , year , &c. at the Castle , &c. the said J D. and M L. taking upon them the charge of the premises , by their order in writing , bearing date the same day and year , 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 S. should pay or cause to be payd to the said R F. upon the sight of this order the sum of fifty shillings of , &c. And that all those suites , debts , trespasses , or debates whatsoever from the beginning of the world untill the said 25 th day of A. the year , &c. should utterly cease , and have an end ; or else the partie not standing to the same to forfeit as in the said Order is expressed , the sum of 10l. 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 payd to the said R F. upon the sight of the said Order , being the day , year , &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 10l. The said H S. notwithstanding , though often thereunto requested the said 50 s. to the said R F. hath not yet payd , but the same to pay sc . For Atturney's Fees. Yo. ss . # R A. Gentleman , &c. by T S. his Atturney doth complain of W P. of a Plea , that he do render unto him 1l. 17 s. 2d. of , &c. which he doth owe unto him , and unjustly detaines from him ; For that whereas the said W P. the day , year , &c. at the Castle of Y. &c. did retayn him the said R A. to be the Atturney 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 Atturney 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 year , &c. so long as should please both parties , taking for his fees and paines in that behalf sustayned every Court day , in which he the said R A. should be the Atturney of him the said W P. in the said cause 2 s. of lawfull , &c. besides his other reasonable charges ▪ and expenses by him the said R A. in and about the prosecution of the said action to be layd out . By vertue of which said retainer the said R A. was the Atturney 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 suite 1l. 1 s. 2d. of , &c. which together with the 16 s. for his fees for the said Court dayes , doth in all amount to 1l. 17 s. 2d. of &c. By reason whereof an action doth accrew to the said R A. to have and recover of him the said W P. the said 1l. 17 s. 2d. 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 xxxv s. And thereupon he brings this suite , &c. For Coales promising to pay so much as they should reasonably be worth . I I. by &c. complaines of R R. of a Plea of trespars upon the case , &c. for that whereas the said R R. the day , year , &c. at the Castle , &c. In Consideration that the said J J. 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 himself , and to the said J J. then and there faithfully promise , that he the said R R. so much as the said eleven wain loads of coales should be reasonably worth unto the said J J. when he should be thereunto requested would well and faithfully pay and content . And the said J J. in fact saith , that the said eleven wain loads of coals was reasonably worth xxxiii s. of &c. Yet notwithstanding the said R R. not regarding his promise , and assumption aforesaid , but subtilly and craftily intending to defraud and deceived the said J J. in the premises , although he hath been often requested the aforesaid xxxiii s. unto the said J J. he hath not payd , 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 J J. wherefore he saith , he is worse , and hath damage to the value of xxxix s. And thereupon produceth suite , &c. For a Horse sold warranted to be sound . Yo. ss . # W. M. by R B. his Atturney , complaines of R K. of a Plea of trespass 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 5l. 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 infirmitie : 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 xxxix s. And thereupon he brings this action , &c. For a Horse lent promising to redeliver him , &c. Yo. ss . # J. R. complains of J A. of a Plea of trespass upon the Case , &c. That whereas the said J A. the day , year , &c. at the Castle , &c. In consideration that the said J R. then and there at the instance and request of the said J A. had lent and delivered unto the said J A. one Bay Nag of the price of 6l. to be redelivered to the said J R. when after that he should be thereunto requested , the said J A. assumed upon himself , and to the said J R. then and there faithfully promised , that he the said J A. the said Bay Nag unto the said J R. when after he should be thereunto requested , would faithfully restore and deliver , and also xiid . of , &c. for every day wherein the said J A. should labour or ride the said Nag , to the said J R. when after that he should be thereunto requested , well and faithfully would pay & content . And the said J R. in fact saith , that he the said J A. fourty dayes did labour or ride the said Nag . Nevertheless the said J A. his promise and assumption aforesaid not regarding , but craftily and subtilly intending , to defraude and deceive the said J R. in the premises , although the day , year , &c. abovesaid , as also at diverse dayes and times after that , and before the Commencement of this suite , at the Castle , &c. he hath often been requested to deliver the said Nag , to the said J R. But the said Nag to restore or deliver , to the said J R. he hath not delivered , and the same to restore or deliver he hath altogether refused , and yet doth refuse , no nor fourtie shillings for the labour or hire of the said Nag , the said fourty dayes , to the said J 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 J R. of , &c. For Adgysting of beasts . County Court. ss . # T. B. complaines of J S. upon a Plea of trespass 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 J D. in his life time , would depasture and feed two Oxen of the said J 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 J D. in his life time , did assume upon himself , and to the said T B. then and there faithfully promised , that the said J D. as much as the said depasturing , and feeding , should be reasonably worth to the said T B. when he the said J 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 , yeare , &c. unto the end of one moneth then next following did depasture , and feed the said two Oxen of the said J D. in the said ground of the said T B. in A. aforesaid , and that the said depasturing and feeding was reasonably worth xii s. of &c. Yet notwithstanding the said J D. in his life time , and the said J S. after the death of the said J D. the promises and assumptions of the said J D. not regarding , but endeavouring , and fraudulently intending , the said T B. in this behalf craftily and subtilly to deceive and defraud ; the said xii s. or any penny thereof , to the said T B. as yet hath not payd , not for the same any way contented , but the same to pay the said J D. in his life time , and the said J S. after his death hath refused , and as yet doth refuse : although the said J 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 , & hath damage to the value of xxx s. and thereupon produceth suit , &c. For curing a wound . Yo. 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 therefore wounded in his throat and back , with the stab of a knife ; In consideration that the said A. S. at the speciall instance and request of the said W. H. would to the best of his art and skill 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 himself , 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 pains of him the said A. S. to cure the said wounds of the said W. H. and his charges and pains there in should be reasonable 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 pains to cure the said wounds of the said W. H. and his charges therein , was reasonably worth 30 s. of &c. Nothwithstanding the said W. H. not caring for his promise and assumption aforesaid , but endeavouring and fraudulently intending him the said A. S. in this behalf , craftilie and subtily to deceive and defraud , &c. For a Laborours hire . Yo. ss . # M R. complains of G N. in an &c. for that whereas the said G. N. the day , year , &c. at &c. In consideration that the said M. R. then and there at the request of the said G. N. would cut down certain whins of the said G. N. then growing and being in a close called the O. lying in the Town-ship of H. in the County aforesaid , and make the same whins into whin-kids or faggots , the said G. N. assumed upon himself , 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 work 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 & 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 craftilie and subtlely intending to deceive and defraud the said M R. in the premisses , although &c. In consideration that the Plantiff would deliver unto one E. L. certain mercerie wares , if he did not pay for them , the Defendant would . Yo. ss . # P. B. Esq 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 Citie of Y. would deliver unto E. L. for the use of the said E. L. such parcells 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 himself , 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 truely 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 , year , &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. Mercerie wares , hereafter following ( that is to say ) 7. yards of black Flanders-searge , for 38 s. and five yards of Italiana , for 26 s. of lawfull , &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 summe of 3 l. and 4 s. of &c. which said summe 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 Plantiff Thief , &c. Yo. ss . # E.R. complains of ● . S. of a Plea , &c. whereas the said E.R. is a good , true , faithfull , 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 faithfull 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 , falsehood , deceit , fraud or of any other notorious crime , he hath carryed and behaved himself , all his life time free , untouched , and not in the least wise suspected . Nevertheless the aforesaid G. S. not being ignorant of the Premisses , but out of his meere mallice , evilly intending , not onely the good name , report , opinion , credit , esteem and reputation , of the said E.R. to hurt , wound , detract , & utterly to destroy , but also to bring the said E. R. into trouble , vexation and infamie , the day , year , and place , &c. in the County aforesaid , false , faigned , mallicious and scandolous words , to the said E R. and 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 thiefe , ) and I ( meaning the aforesaid GS . ) wil prove thee ( meaning the said E R. ) a thiefe , and a horse-stealing thiefe 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 , suspion 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 aforesaid 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 xxx s. And therefore he hath brought this suite , &c. For slanderously calling the Plaintiff Banckrupt . Yo. ss . # E B. complaines of E M. in a Plea of trespas upon the Case ; For that , whereas the said E B. a good , true faithfull , and honest member of this Commonwealth , and like a good , honest , and faithfull member of the said Commonwealth , 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 carryed , behaved , and governed himself , and of good name , fame , credit and estimation , trust , and carryage , of great substance of riches , always 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 , himself hath carryed and behaved . And whereas , he the said E B. the day , year , &c. and by the space of ten years last , and continually afterwards hitherto the art mystery or faculty of an Apothecary of the City of Y. exercised & used ; his living and maintenance of himself and his family , by exercising & using the art , mysterie or facultie 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 , mysterie , or faculty of him the said E B. to the better maintenace 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 payd by the parcell ; of which said premises , 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 honorable persons , and other people of the said commonwealth to whom he was known he deservedly had and gained to himself . The said E N. notwithstanding not ignorant of the premises , 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 Commonwealth , 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 deal they might altogether give over , afterwards ( to wit ) on the day year ▪ &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 diverse faithfull members of this Commonwealth then and there present and hearing , falsely , maliciously and scandalously with a loud voyce said , proclaimed , pronounced and published ( to wit E B. meaning the said E B. plaintiff ) is a rogue and a Banckrupt , and I ( meaning himself the said E N. now defendant ) 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 scandalised , but also hereby doth stand deprived , and utterly spoyled , 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 h●m to be by the said E N. not onely in exercising and maintayning of his art , mystery or facultie 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 d●verse great sums of money in clearing himself , of the premises aforesaid layd 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 200l. And thereupon produceth this suite , &c. In consideration that the Plaintiff would marry E R. the Defendant promised to make him worth 200 l. Yo ss . # W. P. &c. complaines of P. W. of a Plea , &c. That whereas the day , year , &c. at the Castle , &c. there was a communication between the said W. P. and the said P. W. of and concerning the said W. P. taking to wife one E R. the daughter of one S R. of &c. County , &c. the said B W. in consideration that the said W P. at the speciall instance and request of the said P W. according to the lawes and customes of England by the consent of the said S R. would marry and take to wife the said E R. upon himself 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 P W. worth 200l. 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. Nevertheless the said P W. little regarding his promise and assumption aforesaid , but contriving and fraudulently intending craftily and subtilly to deceive and defraud the said W P. in this behalf , hath not made the said W P. wor●● 200l. and better , albeit afterwards ( that is to say , ) the day , year , &c. a t&c. aforesaid by the said W P. he hath been thereunto required , but hath refused hitherto to do the same , and still doth refuse , to his damage of , &c. Trover and Conversion , Yo. ss . # J. B. by Writ &c. complaines of J C. in an action or trespas upon the Case . For that whereas the said J B. the day , year , &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 J R. the day , year , &c. aforesaid , the said mare out of his hands & 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 J C. sufficiently knowing the said mare to be the mare of the said J B. and to him of right to belong ; and devising to deceive the said J B. of the said mare ; though often thereto required , the said mare to the said J B. hath not restored ; but the said J C. afterwards ( that is to say ) the day , year , &c. the said mare to his own use and profit converted and disposed , to the great losse of the said J B. By reason whereof he saith , he is damnified xxl. And therefore commeceth this suite , &c. Detinue . Yo. ss . # T. V. by vertue of a Writ , &c. by E B. his Atturney complains of R M. upon a plea , that he render unto him goods and chattells to the value of xx 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 5l. one gray Nag of the value of xl. and 14. yards of French green broad cloth of the value of 5l. 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 & chattells aforesaid to the T V. as yet hath not redelivered , but the same to redeliver , hitherto hath contradicted , and as yet doth contradict , and unjustly deteines , whereupon the said TV. saith , he is worse and hath damage to the value of xxxl. And thereupon produceth suite , &c. Trespas . For breaking down the Plaintiffs stall , being set up in the market . County Court ss . # A. O. complains of W C. of a Plea of trespas . 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 5l. put upon his stall aforesaid , displaced , cut down , and spoyled , and other enormous 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 pound . And thereupon he brings his suite , &c. For breaking the Plaintiff's close , &c. Yo ss . # J. A. complaines of T S. of a Plea of trespass , &c. for that the said T S. the day , year , &c. a close of the said . J A. called C. at S. in the County , &c. broke and entred , and the grass of the said J A. then and there , being of the value of ten shillings , with certain goods and chattells ( that is to say ) with Kine , Oxen Steeres , Horses , Naggs , Mares , Hoggs , and Sheep , did depasture , eat up , tread under-foot , consume and spoyle , continuing the said trespass from the said day , year , &c. aforesaid , during the time of one whole month then next following , at diverse dayes and times , and other harmes to him did to the great losse of the said J A. by reason whereof he saith he is damnified , xxix s. And therefore commenceth this suite , &c. For a dog-biting a mare so that she dyed . Yo. ss . # H. S. complaines of W P. in an action of trespas , for that whereas the said W P. the day , year , &c. at , &c. one Mare of the said H S. of the price of ten pound 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 harmes to him did to the great damage of , &c. For chasing of hoggs with doggs , &c. Yo ss . # A. B. complaines of C D. of a Plea of trespas , wherefore he did chase two hoggs of him the said A B. at M. found with certain doggs , insomuch by setting on those doggs , to bite the hoggs aforesaid : That by that chasing and biting of the doggs aforesaid , the aforesaid hoggs of the price of fourty shilling dyed ; And other enormities , &c. For pasturing of sheep in a rotten pasture , by reason whereof they dyed . Yo. ss . # A B. complaines of C D. of a Plea of trespas . 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 , detayning those sheep so long upon the pasture aforesaid , that those sheep by corruptness 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. complaines of G G. in an action of trespas . 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 xxx s. of his the said T S. took and carryed 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 trespas , &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 foyle put and fastned to the value of xxx s. And other enormities , &c. Trespass and Assault . Yo. ss . # J. H. complaines of J S. in an action of trespas and assault , &c. for that the said J S. the day , year , &c. at the Castle , &c. made an assault and a fray upon the said J H. and did then & there beat , wound , and evill intreat him , so that he was despaired of his life , and other harmes to him did to the great losse of the said J H. By reason of which he saith , he is damnified xxx s. And therefore commenceth this suite . 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 one and twenty years , by vertue of a Writ of Justicies by T W. his Atturney complaines of T C. in an action of trespas and assault , &c. For that the said T C. the day , year , &c. at the Castle , &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 detaine , 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 xxxl. 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 xxxix s. And therefore he hath brought this suite , &c. Pleadings . He owes him nothing . County Court ss . # ANd the said J A. comes and defends the force and injure when , &c. and saith that the said J 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 himself upon the Countrey , &c. He made no such promise . ANd the said H. B. comes and defends the force and wrong when , &c. and saith that he did not assume & promise to the aforesaid T. R. in manner , and for me as the aforesaid T. R. against him complaineth : and of this he putteth himself upon the Countrey . 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 himself , and promise in manner and form , as by the Declaration aforesaid is alleadged and set forth : and this he prayes may be inquired by the Countrey : and the said W. B. likewise , therefore &c. He made no such promise within six years . Yo. ss . # ANd the said W. B. comes and defendes the jnjury 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 himself , or promise to pay to the said T. B. the summe of 30. s. in manner and form , as the said T. B. above against him the said W. B. doth complain , and upon this he putteth himself upon the Countrey , &c. Never Executor . Yo. ss . # ANd the aforesaid E. H. comes and defendes the force and jnjurie when &c. and saith that the aforesaid T. C. ought not to have his action ●gainst him , because he saith that he ●●ver was the Executor of the last Will and Testament of the aforesaid R. H. neither did administer of any ●f the goods or chattels which were ●f the said R. H. at the time of his ●eath : 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 Judgment , 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 injurie and wrong when , &c. and saith that the aforesaid A. B. his action afore●aid 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 entrey of this plaint of the said A. B. nor at any time after : and this he is ready to aver , wherefore he prayeth Judgment ; 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 , year , &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 inquired of by the Countrey , &c. and the said M. A. likewise , &c. Not guilty . Yo. ss . # ANd the said G. W. comes and defends the wrong and injurie when , &c. and saith , that he is not guiltie of the trespass aforesaid , as the said I. C. hath complained against him : and of this he putteth himself upon the Countrey , &c. Bar by within-age . Yo. ss . # ANd the said H. C comes and defends the injurie 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 making of the said writing Obligatory , was within the age of one and twenty years ; And this he is ready to verifie , whereupon he demandeth Judgment , if the said W. B his action aforesaid against him ought to have &c. Paymemt upon a bill , and a release produced . Yo. ss . # ANd the said I. S. comes and defends the injurie 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 confess himself to be fully satisfied and content of the said summe 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 Judgment , if the said I. W. ought to have his action aforesaid against him , &c. Free-hold . ANd the said H. S. comes and defends the force and injurie 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 trespass aforesaid is supposed to be done , is , and at the time of the said trespass 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 tred down and consume , and other corn grasse and hay being in the said close , with his horses , mares , oxen and kine , did eate , tread down and consume , continuing the said trespass 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 Judgment ; if the said W. B. 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 acaccount , &c. wherefore the said G.F. demandeth Judgment , whether this Court will take Cognizance of the said action , &c. In arrest of Judgment . 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 Plantiff may receive nothing by his plaint and verdict aforesaid , &c. Conditions performed . ANd the said W.G. cometh and defendeth the force and wrong when , &c. and desires to hear the said writings , and it is read to him &c. he desires also to hear 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 partie , and the said W. G. by the name of W. G. of the same Town and County yeoman , on the other partie , 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 , fullfilled and kept , according to the form and effect of those Articles : and this he is ready to maintain , whereupon he prayes Judgments ; 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 alleadged , ought not to be debarred from having his said action against the said W.G. because protesting that the said W. G. hath not performed or kept any covenants , grants , articles , clauses , sentences , or agreements in ●he said articles specified on his part ●o be performed or kept , as the said W. G. above by pleading hath al●●adged ; for plea the said C.G. saith , ●●at the said W. G. did not , &c. ( re●●te the breach ) according to the ●●rm and effect of the same Articles : ●●d this he is ready to verifie , where●●on 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 himself 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 chattel● aforesaid , nor any parcell thereo● in manner as the said R. L. ha● above declared against him : and o● this he putteth himself upon th● 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 , year , &c. the Plantiff 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 , accounts and debates for plaint : and in his executed & assigned , from the beginning of the World untill the day of the date of the said Bill : and this &c. if Judgment , &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 : & 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 weather-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 found , feloniously did steale , take and carry away , contrary to the publick peace ; By reason whereof the said F.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 Thief and stole H. A. Sheepe : and this he is ready to verifie , whereupon he demandeth Judgment ; 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 Cattell aforesaid in the aforesaid place , in which , &c. and 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 xii 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 xii d. were sufficient amends for the trespass aforesaid , which the catle aforesaid in the said two acres of Land made : which said xii d. the aforesaid W and I. then and there wholly refused to receive of 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. xx 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 5 s. 6 d. the residue of the debt , in the said Declaration specified , he 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 5 s. 6 d. which said 5 s. 6 d. 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. parcell of the debt aforesaid saith that he by any thing before alleadg'd , ought not to be barred from having his said action against him , for he saith that the said I. A. did not pay the said xx s. to the said I. G. as the said I. A. above hath alleadged : and this he prayes may be inquired of by the Countrey , and the said I. A. likewise , &c. And as to 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 form 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 charge 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 himself 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 and so great threats of his life , and may heming of his body to be inflicted on him , unless he would make and seale 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 fear 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. Replic . Yo. ss . # ANd the said A. saith he by any thing before alleadged , 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 meere and voluntary will ; And not for fear of threats , as the said B. hath above alleadged . And he prayeth , that this may be inquired 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 untill 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 it ready to aver , whereupon he prayeth Judgment , &c. Replic . 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 meere 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 alleadged . And this he prayeth may be inquired of by the Countrey ; And the said B. likewise , &c. The Assault made by the Plaintiff , &c. Yo. ss . # ANd , &c. when , &c. And as to the trespas and assault aforesaid above supposed to be done , the said J 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 J R. at the Castle , &c. did make an Assault , and him would have beaten , wounded , and evill intreated , by which the said J R. himself against the aforesaid R W. did then and there defend ; And saith , that if any evill 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 J R. And this he is ready to verifie , whereupon he prayeth Judgment , if the aforesaid R W. his action aforesaid , against him ought to have , &c. Replic . 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 aforesaid J R. the day , year , &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 evill intreat , so that of his life he did despaire , 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 J 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 Atturney . ANd , &c. when , &c. And sayes , that the aforesaid J R. ought not to have his action aforesaid against him , because he sayes , that the aforesaid J R. the day and year in the Declaration aforesaid specified ( to wit ) the day , year , &c. the day of , the issuing forth of the Writ of Justicies of him the said J R. that is to say , the day , year , &c. was within the age of one and twenty years , And that the aforesaid J R. declared against him the said P C. in the plaint aforesaid by his Atturney , whereas by the due forme of Law , he ought to have declared by his Guardian ; And this he is ready to aver , whereupon he prayes Judgment , whether the aforesaid J R. ought to have his action aforesaid against him , &c. THE TABLE . A ACcount . 27 Accedeas ad Car. 66 What Actions may be brought in the County Court. 13 What Actions will not lye in this Court. 7 Within what time Actions must be brought . 14 Who may bring Actions , and who not . 15 Adjournement . 35 Amerciament . 7 Answer what . 23 Appearance . 17 Arbitrament . 26 Atturneys . 12 B. BAyliffs how punishable for misdemeanors . 39 Bayliffs what they are . 36 C. COunty Court when instituted . 3 Why instituted . 6 No Court of record . 5 Court how to be kept . 31 County Clarks office . 7 Court , what , 21 Continuance what . 21 Challenge of Jurors . 29 Consultation , a writ . 58 Coroners office in this Court. 10 D. DEbt . 26 , 27 Debt against Executors or Administrators . 26 Declaration what , &c. 18 Demise . 27 Detinue . 27 Deputation for a Bayliff of an hundred . 102 Distress , &c. 36 Duc. tec. 18 E. ESsoyne what . 18 Exigent and Proclamation how to be proclaimed . 11 Execution , and what Goods may be take upon it . 47 F. FIne . 7 Freehold . 28 Fieri facias . 90 Fieri fac . against an Executor . 91 Fi. fac . for costs , upon a Non-suite . 92 Fi. fac-upon a Verdict for the Defendant . 93 The Table of Fees. 104 G. GEnerall issues upon severall actions . 25 I. IMparlance . 22 Issue . 25 Jurors , who may be challenged . 29 Justicies , a Writ . 80 Judiciall process . 90 M. MOdo & forma , in a Declaration , where necessary & where not . 19 N. NOn suite . 21 Non sum informatus . 24 Non-age . 26 Nil dicit . 24 O. OBligation , &c. 25 Obligation upon a Replevin . 86 Office of the County Clerk. 7 Office of a Coroner in this Court. 10 Oath of the Coroner . 101 Order of the Judges concerning Essoynes illegally returned . 106 P. PLeas specially to be pleaded . 25 Nota Pleas. 28 Pledges . 17 Proceedings of the Court. 17 Proclam . and Exig . how to be proclaimed . 11 Prohibition , a Writ . 58 Procedendo , a Writ . 58 Processe in the Court. 77 Precept upon an acced . ad cur . 67 Precept upon a Proclamation . 100 Precept upon a Writ of Justic . 80 R. REjoynder what . 23 Rent . 26 Replevin , &c. 50 , 81 Rule , what . 23 Return of Exig . 71 Return of Proclam . 76 Return of a Recordare . 54 Return of a Pone . 54 Return of the Writ for the election of a Coroner . 71 Return of a Writ of false Judgement . 59 S. SHire , the originall , &c. 1 Sheriffs , &c. idem Slander . 27 Suitors Judges . 6 Surrejoynder what . 24 Scir . fac . 94 Scir . fac . post diem & annum . 95 Scir . fac . against an Executor , after Judgment against the Testator . 97 Subpoena ad Testif . 99 T. TRespass . 27 Trespass damage feasant . 27 Tolt , a precept . 88 V. VIcount unde . 2 Verdict , &c. 30 Venire fac . 98 W. WArrant of Atturney . 102 Warrantie . 27 Withernam a precept . 83 Woman covert . 26 Declarations . In Debt . EXecutor against an Executor . 108 Vpon a bill to be payd at the day of Marriage , and issue upon it . 110 Vpon retainer for shoeing a horse , &c. 114 Vpon an accompt . 115 Money lent by joynt partners for a certain time , and to be payd to the Survivor . 116 For rent in arreare . 117 For servants wages . 119 For Tythes . 121 Upon an award . 122 For Atturneys Fees. 125 Case . FOR Coales , promising to pay so much as they should be reasonably worth . 127 For a horse sold , warranted to be sound . 128 For a horse lent , promising to redeliver him , &c. 129 For adgisting of beasts . 131 For a Chirurgion for curing a wound . 133 For a laborors hire . 134 In consideration that the Plaintiff would deliver unto one E L. certain mercery wares , if he did not pay for them , the defendant would . 136 Slander for calling the Plaintiff theef . 137 For slanderously calling the Plaintiff Bankrupt . 140 In consideration that the Plaintiff would marry E. R. the Defendant Promised to make him worth two hundred pounds 145 Trover and Conversion . 147 Detinue . 148 Trespass For breaking down the Plaintiffs shall being set up in the market . 149 For breaking the Plaintiff's close &c. 150 For a dog biting a mare , so that she dyed . 151 For Chasing of Hoggs with Doggs &c. 151 For pasturing Sheep in a rotten pasture , by reason whereof they dyed . 152 For digging and plowing the Plaintiffs ground , and taking away his Corn. 152 For taking away a Post . 153 Trespass and assault . 154 Assault upon one at under-age . 154 Assault upon a Replevin . 155 Pleadings . Answers , Replications , Rejoynders &c. HE owes him nothing 155 He made no such Promise and Replication . 156 He made no such promise within six years . 157 Never Executor . 157 Fully Administred , & Rep. 158 , 159 Not guilty . 159 Barr , by within age 160 Payment upon a Bill , and a Release produced 160 Freehold 161 No action to cause one to render an Account willly in this Court. 162 In arrest of judgment 163 Conditions performed , and Repl. and Rejoynder 165 Detayn he doth not 166 Barr by a general Accquittance and Repl. 167 Justification of scandalous words 168 Tender of amends in Replevin , 159 Part of the debt paid , the residue tendered before suit , and refused , and Repl. 169 , 170 , 171. Not his Deed 172 By Threats and Repl. 172 By hardness of imprisonment and Repl. 173 , 174 The Assaul made by the Plaintiff and Repl 174 , 175 The Defendant pleadeth the Plaintiff within age to bring his Action , and should have brought it by Guardian , and not by Attorny 176 Courteous Reader , these Books following are to be sold by John Place , at Furnivals Iune Gate in Holborn . THe History of the World , by Sir Walter Raleigh , in Folio . New Cases of the years and time of Hen. 8. Edw. 6. and Queen Mary , by John March of Grayes Inne , Barrister , in 8o. Transactions of the High Court of Chancery , collected by William Tothel , Esquire , and since Revised by Sir Robert Holborn . Witchcraft condemned , or Doctor Lamb revived , in the unheard of Practises of Ann Bodinham , arraigned at Sarum Assizes , 1653. Vade Mecum : whereunto is added an Abridgment of Stamfords Pleas. An Abridgment of the Lord Dyers Reports ▪ by Sir Tho. Ireland . The great mystery of Godliness , by Jos . Hall , B. Norwich . Declarations and Pleadings , by W. S. in the time of Eliz. Jam. & Cha. Clarestella , together with Elegies , Epigrams , Satyrs , by Reb. Heath Esquire . The Imposition of Hands , by Jos . Hall B. of Norwich . The Office of a Lord Chancellor , by the Lord Ellesmore . The Peace-maker , by Will. Page B. D. The Doctrine of the Saints Infirmities , by Dr. Preston . A Treatise of the Sabbath day , by Fra. White , B. of Ely in 4o. A short Catechism , by Will. How , Minister of the Gospel . The Laymans Lawyer : or the second part of the practick part of the Law , in 8o. The Faithfull Councellor : or the Marrow of the Law in English , the second part by W. Sheppard , Esquire . in 4o. Declarations , Counts , and Pleadings , in English , the second part , collected by Richard Brownlow Esquire , late Prothonothary of the Common Pleas , Mr. Walbank a partner , in 4o. The Scriveners Guide , or the Compleat Clerk , shewing all manner of Presidents for Conveyances . &c. collected and perfected , with the advice and judgement of severall able Judges and Sages in the Law , in 4o. Commentary of Caius Caesar , of all his Wars in Gallia , with the Observations of Sir Clement Edmunds , as also our modern Training , with addition of his Medalls and Life , in folio . Poems by Matthew Stevenson . The floating Island : an excellent play , by Dr. Strode . The Lord Pophams Reports , in folio . A Catechism , according to the Common Payers and Liturgy of the Church of England , for all young Children to learn before their admittance to the Sacrament . One sheet of paper , by the able hand of Alan Smallwood B. D. The jurisdiction of all Court-Leets and Court-Baron , by Kitchin late of Bernards Inne , sold by J. Place and Partners . Reports and Cases , collected by the learned Judge Owen , Esquire , one of the Judges of the Common pleas , wherein are many Cases throughly argued and compared with the year-books . Nomotomia , in two parts , the first being a collection and Survey of the Gcnerall Titles of the Common Law , with the Cases thereof , drawn out of the old Books of the Law , and later reports , & reduced into several Chapters for the benefit of Students in the Law. Together with an Abridgment of all Acts and Ordinances of King and Parliament since 1651. by W. Hugles of Grayes Inne Esquire . The Arraignment and Conviction of Anabaptisme , or a Reply to M● Tombes his Plea for Antipedobaptists , by Jo. Cragge M. A. Preacher of the Gospell at Lantillio Pertholy in Monmouthshire . Books sold by William Place , at Grayes Inne gate in Holborne . SIr Walter Raleighs History of the World. An exact Collection of Ordinances , Orders , Declarations , Petitions , Messages and Answers , with other remarkable passages which passed between the late King and Parliament at the beginning of our late troubles . Actions for slander , shewing what words are actionable in Law , and what not , by Jo. March of Grayes Inne Barrister . Considerations on the 12. signes of Predestination , illustrated with Emblemes , written in Latin by H. Drexelius , Translated by R. B. of Trinity Colledge in Cambridge . Transactions in the High-Court of Chancery , by W. Tothill Esq Revised by Sir Rob. Holburn . The Office of Executors , by Tho. Wentmouth , late Boucher of Lincolns Inne . The Queens Closet opened , containing incomparable secrets in Physick , Chirurgery , Conserving and Cookery . Fancies Theater , five poems , by J. Tatham Gent. Considerations concerning the Exchequer , by C. Vernon the Kings Secretary . FINIS Notes, typically marginal, from the original text Notes for div A42032-e300 Vicount unde . County Court when instituted . Lambert . Lam. arch . This Court no Court of Record . Why instituted . Coo. inst . 3. par . cap. 5 5. Suitors Judges . No Fine . Amercement . What actions w●ll not ly in this Court. Exigent & Proclam . to be proclaimed 5. County dayes , &c. F.N.B. fo . 395. 31. Eliz. cap. 5. S. Mar. ca. 6. fo . 3. Appearance . Essoyne . Duces tecum . Declaration . Modo & forma . Nota. 21. E. 4. fo . 12. Modo & forma . Modo & forma . 27. H. 8. fo . 29. Count. Non-snit . Emparlanc . Continuance . Rule . Answer . Replication . Rejoynder . Surrejoynder . Nota. Not informed . Nil dicit . Generall issue . Pleas specialy to be pleaded . Obligation . Debt . Against Executors or Administrators . Non ag● . Woman covert . Arbitrament . Trespass damage feasant . Rent . Detinue . Slander . Warantie . Debt . Warantie . Account . Trespass . Nota. Free-hold . Nota. Et hoc paratus est verificare . Et de hoc ponit se ●uper partiam . Et hoc petit , quod inquiratur per patriam 21. E. 4 fo . 11. & 63.20 . Ass . 11. 2. H. 4. f. 16. 4. E. 4. f. 1. 2. H. 4. f. 14. 13. H. 4. f. 14.22 . E. 2. Charl. 177.8 . E. 3. f. 69. 3. H. 6. fo . 24. 9. E. 4. fo . 49. Britton fo . 134. 11. H. 4. fo . 40. 33. H. 6. fo . 55. 18. H. 8. f. 2. 8. H. 6. f. 60. Nota. 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. & 29. Eliz. inter Gomersall & Gomersall &c. Procl . Procl . Procl . Plaint . Decl. Answer . Ve. fa. Oath . Oath . Adjornment . Broo. 146. Fieches & ley 135. Coo. sup . Litt. 97. Recordare facias loquelam . It s nature . The Return . The Scedule . The Plea. Orthus . The Schedule . The Return . The Schedule . The Plea by writ . Prohibitition . Consultation , or Procedendo . The return . The Schedule . Writ of Justices . Warrant upon the writ . Essoyn . De malè vener . Declaration Emparlance . Non sum informatus . Jury to inquire of damages . Precept upon an acced . ad cur . Honour of P. The return . The plaine . Record to be delivered in Court. Or thus . If the Record be not returned . Betwixt two Sher. Or thus . Defect of the Coroner . Defect of the County . Supersedeas . Or thus . Or thus . Rendred himself . Dead . Waived . Languid . Duc. tec. Special . Alias Repl . ● Withernam . Al' capias in Withernam . Notae . An Obligation upon a Replevin . The condition . Or thus . The Plaint . Fi. fa. against an Executor . Fi fa. for costs upon a non-suit . Fi. fa. upon a Verdict for the Defendant . Yo. ss . Yo. ss . De male vener . Yo s● . 14 E. 4. fo . 6. 15 E. 4. fo . 32. 17 E. 4. fo . 5. Yo. ss 1. pact . non sol . 2. Morat in lege . Son. assault de measn . 
A34019	----	A briefe summary of the lavves and statutes of England so far forth as the same do concerne the office of justices of the peace, sheriffs, bayliffs, constables, churchwardens, and other officers and ministers of the commonwealth : together with divers other matters not onely acceptable for their rarity, but also very necessary for their great use and profit, for all persons, but especially for such as bear office in this common-wealth / collected by Nicholas Collyn ... Collyn, Nicholas. 1655 Approx. 241 KB of XML-encoded text transcribed from 107 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A34019 Wing C5397 ESTC R39835 18507796 ocm 18507796 107925 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A34019) Transcribed from: (Early English Books Online ; image set 107925) Images scanned from microfilm: (Early English books, 1641-1700 ; 1649:2) A briefe summary of the lavves and statutes of England so far forth as the same do concerne the office of justices of the peace, sheriffs, bayliffs, constables, churchwardens, and other officers and ministers of the commonwealth : together with divers other matters not onely acceptable for their rarity, but also very necessary for their great use and profit, for all persons, but especially for such as bear office in this common-wealth / collected by Nicholas Collyn ... Collyn, Nicholas. [22], 192 [i.e. 190] p. Printed by T.L. for Mathew VValbancke ..., London : 1655. 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Justices of the peace -- England. Sheriffs -- England. Bailiffs -- England. Constables -- England. 2006-08 TCP Assigned for keying and markup 2006-08 Apex CoVantage Keyed and coded from ProQuest page images 2007-06 Robyn Anspach Sampled and proofread 2007-06 Robyn Anspach Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A briefe SUMMARY OF THE LAVVES and STATUTES OF ENGLAND , So far forth as the same do concerne the Office of Justices of the Peace , Sheriffs , Bayliffs , Constables , Churchwardens , and other Officers and Ministers of the Commonwealth . Together with Divers other Matters not onely acceptable for their rarity , but also very necessary for their great use and profit , for all persons , but especially for such as bear Office in this Common-wealth . Collected by Nicholas Collyn , of the Honorable Society of Lincolns-Inne , Esquire ; and sometimes Reader there ; and an ancient Iustice of the Peace & Quorum in the County of Middlesex ; and one of the four Pleaders of the honorable City of LONDON . LONDON , Printed by T. L. for Mathew VValbancke , at Grayes-Inne-Gate , 1655. TO THE READER . THis abridgement of the Laws and Statutes following , was Penned by one that was an ancient Iustice of the Peace in the Country , which he did for his own convenience and ease : it being more plain and ful , and yet more briefe and compendious , then any abridgments that are in Print , and an easie Pocket-book to be carried about with facility as occasion may be offered , containing in few words , most plainly & fully the effects & meanings of al laws & Statutes , that concern the Iustices of the peace either in their Sessions , or out of the same , or that do concern the offices of Sherifs , Mayors Baylifs , Constables , Churchwardens , Overseers for the Poor , Surveyors of the High-ways , and al other officers and ministers of the Peace and Common-welth . This manuscipt w th som others , wereleft by the Author , or Collector , with som of his neerfriends , who are redy & wiling , according to his mind , to make the same more comon , that so it may be the more useful to al officers and Magistrates , that have occasion to inform thēselvs what the substance of the Law and Statuts are , that so they may per form their several offices and duties in such manner as they ought to do . The penner here of did it the first for his own particular use , not once intending any other thing : but when some of his intimate friends who bore office in the Common wealth , had once the knowledg of it and had perusedit , they would never be vvithout it , but made more use of it for a help to their memory , than of any Printed Booke whatsoever . And as it was profitable to som few , so it may by the publishing of it , be to many more for the future . THE TABLE . ALehouses , &c. fol. 1. Abjurgation , see Recusants 5. Affray , see Constables 18. Agnits Dei , see Rome . Apprentices , see Labourers 11. Archery , fol. 4. Armour , fol 5. Arrow-heads , see Archery 2. Artificers , fol. 6. Assize of Bread and drink , fol 8. B BAdgers , &c. fol. 9. Bark , fol. 10. Barator , ibid. Bailment , see Prisoners 7. Bakers , see Assize and Artificers 1. Bastardy , fol. 11. Battery , see Assault . Beggars , see Vagabonds . Bigamy , see Matrimony . Bowyers , see Archery . Brasier , see Pewter . Brewer , fol. i3 . Bridges , see high wayes , 16. Buckstalls , see hunters 5. Buggary , and Burglary , fol. 14. [ 15 : Burning of houses , fol. 10. Butchers , fol. 16. Buts , see Archery , 3. C CAlves , see Butchers 5. and Milch-kine . Captaines , &c. fol. 18. Cattle , see Forestallers , 5. Certiorari , see Removing of prisoners , &c. Champertors , see Maintenance 2. Chance-Medly , see Manslaugh ter . Church and Church-yeard , fol. 20. Church wardens , fol : &c. 22. Clergy , fol : 24. Clerk of the Market , fol. 25 : Cloth , ibid : Confederacy , see Masons . Conjuration , fol. 27. Constables , fol. 29. High wayes ; fol : 36. Cooke , see Butchers : Correction-house , fol : 37 : Coopers , fol : 38. Corn , fol. 40. Coroners , ibid. Cottages and Inmates , fol 42 Counterfeiting Letters and Tokens , fol. 43. Crosbowes , see Guns : Currier , see Leather . Cutting out tongues , see tongues . Cutting of a pond head , see Fish 3. Cutpurse , fol. 43. D DEere , see Hunters . Dyers , see cloth . Disturbing , see Preachers . 1. Dogs , see Hunters . Drunkenness , see Alehouses 2 , 4 Ducks , see Pheasants 3. E EGs of Wild fowl , see Wild-fowle . Egyptians , see Vagabonds . Eyes , see Tongues : Escape , fol. 44 : Escheators , fol : 45 : Estreats , see Sheriffes 1 , 2 : Evesdroppers , see Good-behaviour : Extortion , fol : 46 : F FAlse Tokens , see Counterfeitors : Faires , fol. 47 : Pheasants , fol. 49 : Ferrets , see Hunters : Fighting , see Church . Fish and Fishers , fol : 52 : Fish dayes , and eating of Flesh fol. 54. Force , and forcible Entries , fol. 55. Forestallers , fol : 56. Forgery , fol. 59 : Forraigne power , see Rome . Fowle , see Pheasants 3. G GAmes , see Playes . Goale , see Prison . Goldsmith and Gilding , fol. 60 Good-behaviour , ibid. Grayhound , see Hunters 6 : Guns , fol : 61. H HAbeas Corpus , see removing of Prisoners . Hares , see Pheasants 36. Harvest , see Labourers 3. Hawks and Hawking , fol : 64. Hay and Oats , see Inholder : Hedge breakers , see Trespasse . Herons , fol-66 . High waies , fol. 67. Horses , fol. 72. Horsbread , see Inholders . House-Doves , see Pheasants : Huy and Cry , fol. 72. Hunters and hunting , fol. 75. Husbandry and Tillage , fol : 78. I IEsuits , see Recusants . Imbracery see Maintenance . Indictments , fol. 79. Informer , fol. 80 : Ingrosser , see Forestallers . Inholders , fol. 81. Inmates , see Cottages , 3. Inrollments , fol. 81. Issues , see Jurors 2 Iurors , fol. 82. L LAbourers , and servants , and Apprentices , fol. 83. Larceny , fol. 88. Leather , ibid. Lying in wait , see Assault 3. Linnen-cloth , see Cloth 5. Liveries and Retainers , fol. 92 Logwood , see Dyers . M Mayme , fol. 92. Maintenance , fol. 93 Manslaughter , fol. 94. Mariners , see Captaines 4. Masons , fol. 99. Market , see Faires Masse , see Preachers 7. Matrimony . fol 99. Malt , fol. 96. Milch-kine , fol. 97. Miller , see Toll . Minister , see preachers . Misprision , see Treason . Mortuary , fol. 98. Murder , see Manslaughter . Musters , see Captaines , 2. N NEts , see Fish and Hunters 6. Night-walkers ; see Good-behaviour . Nusances ; see High waies 6. 7 , 14 O OFficers ; see Constables and Church wardens . Ordinary , fol. 100. Overseers of the poore , see Church wardens . P PArliament , fol. 200. Park , see Hunters . Parson , vicar , &c. see preacher . Partridges , see pheasants . Perjury , fol. 101. Petty Treason , ibid. Petty Larceny , see Larceny . Pewter and Brasse , fol. 102. Pigeons , see pheasants , 3. Plague , fol. 102. Playes , fol. 103. Ponds , see Fish . Pope , see Rome . Poore people , fol. 104. Poysoning , see Manslaughter Preacher , fol. 108. Priests , see Recusants . Premunire , see Treason . Presentment , see Indictments . Prison and prisoners , fol. 111 Promoter , see Informer . Prophesying , see Conjuration . Purveyors , fol. 116. Putting out Eyes , see Tongues . R RApe , fol. 118. Recusants , fol. 110. Regrators , see Forestallers . Removing prisoners , &c. fo : 121 Repaire to the Church , see Church 4. Rescues , fol. 121. Restitution , fol. 122. Retainers , see Maintenance . Riots , Routs , &c. fol. 123. Robbery , fol. 128. Rogues , see Vagabonds . Rome , fol. 129. S SAcrament , see preachers , 2. Salmons , see Fish . Schoolmaster , see Recusants Seale ; see Weights . Searcher ; see Leather 1. 2. &c. Seed Corn , see Corn. Seminaries , see Recusants . Servants , see Labourers . Setting Dogs , see Hunters 6. Sewers , fol. 130. Sheep , ibid. Sheriffe , fol. 131 : Shoommaker , See Leather 17 Shooting , see Guns . Sope vessels , see Coopers . Souldiers , see Captains , &c. Spinsters and carders , see cloth 4. Stock of the county see Treasurer : Stolne Goods , see Restitution . Subsidy , fol. 133. Swans ibid. T TAnners , see Leather 3. Testimonial , see labourers Theft , see Robbery . Tillage , see husbandry . Tilemakers , fol. 134. Tinkers , see Vagabonds : Tipling and Tiplers , See Ale-houses 1. oll . fol. 135. Tongues , sol . 136. Transportation , ibid. Traverse , fol. 138 Treason , fol. 139. Treasurer , fol. 141. Trespasse , fol. 143. Trouts , see Fish . Turn of the Sheriff , see Sheriff . V VAgabonds fol. i44 . Vessels , see Coopers . Victuals and victualers , fol. i47 Vnlawful Games , see playes Vndertake work and not finish see Labourers 8. Vsury , fol. i48 . W WAges , fol. i49 . Weanlings , see But cher . Watch and ward , fol. i49 . Wax , fol. i50 . Warren , see Hunters 1 , 2. Weavers , see Cloth 4. Weights and measures , fol. i50 Wild , fowle , fol. i52 . VVines , fol. i53 . VVitchcraft , see Coniuration . Wood , fol. 154. Wool , ibid. Women , see Rape and Labourersie . Y YArn , fol. 54. 〈◊〉 Resolutions of the Iudges of Assize upon certain Questions touching parishes &c. fol. i57 . The Iudges opinions concerning the commissions by which the Iustices sit at Newgate , &c. fol. 177. Coroners of their Office and Authority , &c. fol. i83 . In what cases a man shal have his Clergy and in what not &c fol. i89 . A briefe SUMMARY , OF THE Laws and Statutes Of ENGLAND . Alehouses and Drunkenness . 1 IF any Inkeeper , or any Ale-house-keeper , shall suffer any person dwelling in the Towne , Village or Hamlet , where such Inne or Alehouse is , to remaine and continue drinking there , other then persons invited by Travellers , accompanying them only , during their necessary abode there , Labouring men , and Handicrafts-men for an hour at dinner time ; and La bourers and workmen which for following their work , lodg and victuall in such houses , otherthen for urgent occasions allowed by 2. Justices of the Peace , he sha●l forfeit to the poor there for every such offence proved by two witnesses upon Oath , or seen by a Justice of the Peace of that limit , 10. s . 1 Iac. 9. & P. 6. By the Stat. of 7. Iac. 10. he shall be disabled to keep an Alehouse for 3. years after . 2. Whosoever shall continue drinking in Inne or Alehouse in the town where he then dwelleth contrary to the Stat. 1 Iac. 9. before mentioned , the said offence being proved , or seen , as aforesaid , and presented within Six monthes , shall sorfeit and pay to the use of the poor there , within a weeke after for every such offence 3. s. 4. d. And if the offender be not able to pay the said forfeiture , then he shall be set in the stocks 4. hours , 4 Iac. 5. and Poult drunkenness . Note that if any Alehouse-keeper shall so continue drinking in the town where he dwells , he shall be disabled three years , per le Stat. 4 Iac. 5. and 7. Iac. 10. 3. If any Inkeeper or Alehousekeeper , &c. shall utter or sell less than a full Ale quart of the best Beer or Ale for a penny , and of small two quaits for a penny , he shall forfeit for every such offence being proved as aforesaid , 20. s. to the use of the poore there , 1. Iac. 9 , & Peult . Alehouses , 7. &c. But by the Stat. 7 Iac. 10. he shall be disabled 3. years . Whosoever shall be drunk , and thereof be lawfully convicted within Six monthes after , shall forfeit and pay to the use of the poore there within one week 5. s. and if he be not able to pay it , then he shall be set in the stocks six hours , and if after that he shall be again convicted of the like offence , then he shall be bound with two sureties in 10. l. to be from thence forth-of good behaviour , 4 Iac. 5. & Poulton drunkenness i , & 5. Note that such offenders being once punished by the Ecclesiasticall Laws , shall not est soons be punished for the same offence , 4 Iac. 5. P. Drunkenness , 8. 5. Whosoever shall keepe Alehouse without license , or contrary to the commandment of two Justices of the peace one of them being of the quorum , shall be imprisoned 3. dayes without bayle , and before his delivery to be bound by recognizance with two sureties not to keep Alehouse any more , as the Justices shall think sit . And shall be also fined by the Justices in their open Sessions for every such offence 20. l. 5 & 6 Ed. 6. 26. The penalty for selling Ale or Beer the persons unlicensed , see Brewers , 4. An Alehouse-keeper once lawfully put down , cannot be allowed again but in open Sessions , Juog VVarberton at Camor . Assizes , 1613. and Dalton 25. & 26. tamen quaere . 6. If a common Inkeeper , or Ale-house-keeper , shall refuse to lodg a traveller , he ought to be suppressed , Dalton 25. Archery , 1. ALL persons lacking or not using Bows and Arrows according to the Stat. 33 H. 8 , 9. ( except persons excepted by the Stat. ) shal forfeit the several penalties imposed upon them to the King and Informer , so as the suit be commenced against them within a year after , See P : 1. &c. 2. All false makers of Arrow heads shal be punished according to the Stat. 7. H. 4. 7. 3. If the Inhabitants of every Town and place shall not make and continue their Buts as they ought to do , they shal forfeit for every month 20. s . 33 H. 8 , 9 Armour . 1. IF any persons ( except the Kings Servants or officers in doing their service , and their company aiding them in that behalf ) shall ride or go armed by day or night , or shall bring force in affray of the Kings people before the Kings Justices or otherwise , they shall lose their Armour , and be imprisoned at the Kings pleasure and may also be bound to the peace or good behavionr , 2 Ed. 3. 3. & P. 1. 2. To imbezell the Kings Armour . Ordnance , or Victuals to the value of 20. s . it is Felony , so as the offender be impeached within a year after , 31 El. 4 & P. 3. 3. All the Armour , Gunpowder , and Munition soever of Recusants convict , other than necessary weapons , shall be taken from them by warrant from four Justices of the peace at their quarter Sessions ; and yet they shall bee charged with maintaining the same , and with buying more in such sort as other Subjects are according to their ability , 7 Iac. 5 , and P. Recusants 75. Artificers . 1. IF any Artificers , Workmen , or Labourers , shal conspire , promise , or make oathes that they will do their work but at a certaine price or rate , or will not finish what another hath begun , or shal otherwise conspire , for the order of their work . Or if any butchers , bakers , brewers , Poulterers , Cooks , Costermongers , or Fruiterers , shall conspire , covenant , promise , ot take any oathes that they shall not sell their victuals but at certain prices , every of them so ostending being lawfully convicted thereof , shall forfeit for the first offence , i0 . l. to the King , and if he do not pay the same within six dayes after conviction , hee shall be imprisoned twenty dayes , and have only bread and water for his sustenance , and for the second offence 20. l. or &c. and suffer the punishment of the pillory , and lose one of his ears , and never be credited in matter of judgment , 2 Ed. 6. 15. P. 1. and Iust . 56. Artificers are compelled to work in Harvest , See Labourers . None shall occupy any Art but which hath been an Apprentice , See Labourers . Assault . 1. IF any shall commit unlawful Assault , beating , wounding , or such like trespasses against the body of any one , or shall with force and aginst the Law , take the goods of another , or shall do any trespass in the Lands of another , they shall be imprisoned , and punished according to the offence by the Justices discretion . But the fines which they assess must be reasonable , having regard to the quantity of the trespass , and the cause , 2. Ed. 3. 6. 33. Ed. 3. 1. & P. Just . 18. A servant or Workman assaults his Master , See Labourers . Whosoever shall lie in a wait to rob Maine , or Kill another , shall be imprisoned and fined . See Poulton , Just . 18. Assize of Bread and Drink . 1. IF any common Brewer , Baker , or Tipler , have broken the Assize of Bread , Beer , or Ale , he shall be fined by the discretion of the Justices , &c. And if any Steward in Leet , or Officer in Market Town , shall take any fine for breach of the Assize of Bread or ale in such cases where corporall punishment is appointed , he shall be grievously fined , 51 H. 3. 13 Ric. 2. 8. 3. If a Baker or Brewer shall break the Assize the first , second , and third time , he shall be amerced according to his offence ; except it be great , but if his offence be great , or that he doth offend a fourth time , or oftner , then the Baker offending shal be set on the Pillory and the Brewer punished by the Tumbrell ; which shall not be pardoned for Gold nor Silver , 51 Hen. 3. & P. Weights and Measures , 15. Badgers , Laders . Drovers . 1. ALl licences made to any badger , Lader , Kidder , or Carrier of Corn , Drover of Cattel , Buyer or Transporter of Corn and Grain , Butter and Cheese , otherwise than in the open general quarter Sessions of the peace holden in the Shire where the party admitted , assigned , or allowed , doth , or by the space of three years before the Test of this Licence hath dwelled , or other then to such persons as is , or hath been married , is ahoushoulder , no houshould servant or retainer , and thirty years of age at the least , or to have continuance for more then one year , or which beareth not date the day and place where the Sessions is holden , or is not signed and sealed with the hands and seals of three Justices of the peace at the least there present , whereof one to be of the quorum , shall be void , and the party which taketh the same shal forfeit 5. l. to the King and Informer , 5. El. 12. and P. 2. 2. Whosoever shall by authority of such license buy any Corn out of open Fair or Market to sell the same again ( except he be thereunto specialy licenced by express words in his Licence ) shal forfeit , ut antea , 5. l. 5 El. 12. & P. 1. Bark . 1. VVHosoever shall got into his hands any Oaken-bark , to the intent to sel the same again , shall forfeit the barks , or the full value thereof , i Iac. 22. & P. Leather , i4 . 2. Whosoever shal sel any trees meer to be barked , where bark is worth 2. s . 2. load , without the charge of barking and pilling timber for necessary building or reparations of houses , ships , or mils , excepted , but between the first day of April , and the last of June , shall forfeit for every tree the double value thereof , i Iac. 22. & P. Leather 15. Barator , 1. A Common Barrator is he who is either a common mover , or stirrer up , or maintainer of suits in Law in any Court , or else of quarrels in the County , and not only in one , or two , but in many causes . Such persons may bee bound to the peace , or good behaviour , and may be imprisoned and punished according to the Justices discretion , 2 Ed. 3. 6. & P. Justices i8 . Bastardy . HE that is suspected to have gotten a Bastard , ought to be bound to the good behaviour , to the end he may be forth comming when the child shall be born , Lam. i2 . Two Justices of Peace , one of them being of the Quorum , in , or next to the limits where the parish Church is , in which parish any Bastard begotten , and borne out of lawfull Matrimony , shall be born , upon examination of the cause and circumstances , shall and may take order by their discretions , as well for the reliefe of the parish , and keeping of the child , by charging the mother , or reputed father with the payment of money weekly , or other relief , as also for the punishment of the mother , and reputed father , i8 El. 3. If the mother or reputed father , upon notice thereof , shall not perform the order of the Justices , subscribed under their hands , such persons so making default , shall be by the same Justices committed to the common Goale , there to remain without baile ; or mainprise , except such persons shall put in sufficient sureties to perform the said order , else appear at the next Sessions of the peace to be holden in that County , and also to abide such order as the Justices or the more part of them shall there take in that behalf , and if they take no order there , then to abide the order before made , ibid. & P. 1. That the Mother may be examined upon Oath concerning the reputed Father . By the Stat. 7 Iac. every such lewd woman shal be sent to the house of correction , there to be punished , and set to work for a year , and if she shall oft soons offend so again , then to be committed to the said house of correction as aforesaid , there to remain until she can put in sureties for her good behaviour not to offend so again . But such a bastard child must be one that is left to the charge of the parish , or like to be chargeable to the parish , 7 Iac. 4. If the lustices may punish the Mother by force of the Stat. 18. Eliz. and after send her to the house of correction , because Nemo debet his puniri pro unodelicto . The mother may not be sent to the house of correction before the child be born , Dalton . Such child is not to be sent to the house of correction with the mother , but rather to be kept in the town where it was born , and there to be relieved by the work of the mother , and by reliefe commonly from the Father ; yet it is commonly used to send the child with the mother to the house of correction , de eo quaere . Brewer , 1. IF any brewer which breweth beer or ale to sell , shall by himself , or other to his use , occupy the mystery of Cooper , or make Barrels , &c. or other vessels of wood wherein to put his Beer or Ale to sale , he shall forfeit for every vessel made 3. s . 4. d. to the King and the Informer , 23 H. 8. 4. 2. If any Beer Brewer , or Ale brewer shal sel his drink at higher prizes than shall be appointed by the Justices of the Peace , &c. he shall forfeit for every Barrell so sold , six shillings , for every Kilderkin three shillings , and four pence ; for every Firkin two shillings ; for every lesser vessell twelve pence , and for a greater then a Barrell , tenne shillings to the King and Informer , 28 , Hen. 8. 4. and Poulton 2. 3. The Justices of the peace for every shire where any Ale or Beere-Brewer doth dwell ( out of a City , Borough , or Town , or other place where no head officer hath any rule ) have power to Sess and Tax by their discretions the prices of every Barrell , Kilderkin , or Firkin of Ale or Beere . 23 H. 8. 4. & P. Just . 78. 4. If any person shall by himself or otherwise , directly , or indirectly sell , utter , or deliver any Beer or Ale to any person , or into the house or seller of any person that then shall sell Beer or Ale as a common Tipler without License then in force to sell Ale or beere , hee shall forfeit for every barrel 6. s 4d . and so after that rate for a greater or lesser vessel or quantity , 4. Iac. 4. and P. Ale-houses , so ; Buggary . THe Iustices of peace may hear and determine the said offences of buggary , as they do use to do in other cases of Felony , and such offender shal not be admitted to his Clergy , 25 H. 8. 6. 5. El. 17. & P. 1. Burglary . BUrglars shall not have the benefit of their Clergy , 18 El. 6. But there are four speciall things which must concur to make this Felony , viz. 1. The time only in the night . 2. The place either publique , as the Church , or walls or gates of a City , or walled Town , or private , as a dwelling , house , and then some body must be within at the same time . Also the breaking in the night of a stable , barn , or , other out-house adjoyning or near the dwelling house , to the intent to steal , is Burglary , though he take nothing . See Dalton . 3. The manner consisteth , partly in breaking of the house , and partly in entring therein ; yet it seemeth that he that is taken in the only attempt of a Burglary , shall be hanged though he make no actuall entry , as to put back the leaf of a window , to draw the latch of a door , or turn the key in the inner side of the door , to break a glass window and hook out any goods , or to come down a chimney , &c. 4. The intent , which must be either to kill or rob some person , or do some other Felony , See Dalton 223. Burning of Houses . TO burn a dwelling house , or other house parcel thereof , by night or day feloniously is Felony . So it is to burn a stack of Corn Feloniously . So it is to burn a Barn adjoyning or near a dwelling house in the night Feloniously . So it is also to burn a Barn in the day time having Corn in it , though it be not adjoyning to the dwelling house . Butchers . 1. IF a Butcher shall buy cattel , and sel the same alive , he shal forfeit to the King and Informer the same cattel , 3 & 4 Ed. 19. 1. Iac. 25. & P. 2. If a Butcher or other person shall kill any Weanlings , Bullock , Steer , or Heifer being under the age of 2. years , to the intent to sell the same again whole or by retail , he shall forfeit to the King and Informer for every one six shillings and eight pence , 24 H. 8. 2. 1 Iac. 25. & P. 2. 3. A Buther that selleth swines flesh measled , or flesh dead of the morein , after he shal be convicted thereof , shal for the first time be grievously amerced , the second time be judged to the Pillory ; the third time he shal be imprisoned and fined , and the fourth time he shall for swear the town . And in this manner it shal be done of all that oftend in like case , as of Cooks , &c. 51 H. 3. and P. 4. 4. If a Butcher shal gash or hurr any hide of Ox , Bul , Steer , or Cow , he shall forfeit for every hide , 20. d. 1 Iac. 22. Or shall water any hide , except in Iune , Iuly , or Argust , or shall put to sale any putrified , 3 , s . 4. d. ibidem & P. Leather 1. 5. No Butcher or other person shal kill any Calfe to sel , being under five weeks old , on pain to forfeit for every calf 6. s . 8. d. 1 Iac. 22. & P. Leather , 2. 6. No Butcher shall be a Tanner simul & semel , under the pain of forfeiting 6. s . 8. d. for every day . 1 Iac. 22. & P. ibidem , 3. Butchers conspiring to sel their meat at certain prices . See Artificers . 1. Captains , Souldiers , Musters . 1. IF any Souldier serving the King in his wars shal give away any horse , gelding , mare , or harness wherewith he was set forth , he shal be imprisoned till he make satisfaction , 2 Ed. 6. 2. & P. Just . 84. 2. If any person absenting himselfe without true and reasonable cause ( being commanded to Muster before any Having authority for the same ) or not bringing with him in a readiness his best furniture of array , and armour of his own person , he shall be ten dayes imprisoned , or pay forty shillings fine , 4 & 5 P. & M. 3. & P. 12. 3. If any person authorised to muster or levy men for the Kings service in war , shall take any reward for the discharge or sparing any from that service , or shall not pay to his Souldiers their whole wages , conduct , and coat money , within ten dayes after he shall receive the same , or for gain hath licensed any to depart out of the service , he shal forfeit for every offence ten times as much as he taketh , and pay to every Souldier treble the sum withholden , 4 & 5 P. & M. 3. 2 Ed. 6. 2. & P. 12. 4. Every parish shal be charged with ● weekly summe towards the reliefe of ●ouldiers and Mariners by the more ●art of the Justices of the peace in ●heir generall quarter Sessions next af●er Easter yearly , so as no parish be ra●ed above 10. d. nor under 2 d. and so as ●he totall summe of such taxations in a●y County where there shall not be above 50. parishes do not exceed the rate of six pence for every parish in the same County , 43 Eliz. 3. & Poulton 17. A remedy for such as refuse to pay the said taxation , ibid. 5. Who shall collect the said taxation , and how , and when they are to dispose of it , see 43 El. 3. & Poulton , ●18 . 6. The Justices of the peace shall grant reliefe in quarter Sessions to Souldiers and Mariners , and may alter and revoke the same again , ibid. & P. 19. They may also alter and dispose of the surplusage of the stook , as the most of them there shall think fit , ibid. & P. 24. 7. If a Souldier or Mariner shall be taken begging , or shall counterfeit a Certificate , he shall for ever lose his pension , and be punished as a common Rogue , ibid. & . P. 23. 8. If a Souldier , Mariner , or Drummer depart from his Captain without licence , it is Felony , 18 H 6. 19. & P. 3. 9. If a Souldier or Mariner wande● abroad without a Testimoniall , it is felony . So it is in every one wandring 〈◊〉 a Souldier or Mariner , which shal forge● or counterfeit a Testimonial , 39 El. 17. & P. sub titulo Mariners 4 & 5. 10. How and by whom a Certificate of a Souldier or Mariner shal be allowed and made , see 43 El. 3. & P. 19. Church and Church-yard . 1. IF any person shall malitiously strike with any weapon in Church or Churchyard , or draw any weapon there to that intent , and shall be thereof lawfully convict , he shal have one of his ears cut off , and if he have no ears , then he shall be burned in the cheek with a letter F. and stand ( ipso facto ) Excommunicate , 5 & 6 Ed. 6. 4. & P. Fighting 4. 2. Fairs or Markets in Churchyards , see Fairs . 3. If any shall feloniously take goods ●●t of any Church or Chappell , it is ●●lony , and he shall not have Clergy , ●●e P. Clergy i3 . 4. Whosoever not having lawfull ●●d reasonable excuse to be absent , shal 〈◊〉 repair to his or her parish Church Chappell accustomed , or upon let ●●reof , to some usuall place where ●●mmon Prayer , is to be used every ●●nday , and other Holyday , and there ●●erly and soberly abide during the ●●e of such common prayer , preaching ●●other service of God , and shall be ●●ed in question within one month 〈…〉 r default , shal forfeit for every de 〈…〉 t 12. d. to the use of the poor where 〈◊〉 offenders shal be resident and abi 〈…〉 g at the time of such offence com 〈…〉 ed , 1 El. 2. 3. Iac. 4. & P. Recusants 〈◊〉 50. 〈…〉 nd whosoever being above the age 〈…〉 6. years , shal not repair to some 〈…〉 rch or chappel as aforesaid , shall 〈…〉 eit for every month 20. l. to the King El. 1. & P. Recusants 3. 〈…〉 nd whosoever shal keep , relieve or 〈…〉 our any such person , shal for se it every month , i0 . l. 3 Iac. 4. & P. Re 〈…〉 t s 5i . See Recusants . Church-wardens , and Overseers . 1. IF the Church-wardens and O 〈…〉 seers of the poor of every 〈◊〉 rish shall not take order for 〈◊〉 ting a work , or relieving their poor , 〈◊〉 for assisting the inhabitants and o 〈…〉 piers of land in their parish , or sh 〈…〉 not endevor to levy such Assessments , 〈◊〉 shal not meet together monthly & 〈◊〉 count as they ought , every one mak 〈…〉 default , shall forfeit for every de 〈…〉 20. s . to the use of the poor . 43. El. 〈◊〉 P. Poor 2. i2 . And if any Church-Warden , Overseer shall refuse to account , 〈◊〉 Justices may commit him to p 〈…〉 without bayle till he make a true count , and satisfie and pay so much upon the said account shall be re 〈…〉 ning in his hand , 43 El. 2. & P. 4. 2. If the Church-wardens , &c. s 〈…〉 not truly collect , and pay over to 〈◊〉 high Constable of that Division dayes before the end of every qu 〈…〉 Sessions such money as they ough 〈…〉 pay for the relief of the prisoners i 〈…〉 Marshal sea and Kings-Bench , then t 〈…〉 shal forfeit for every default i0 . 5. the uses in this Act comprised , 43 El. 2. & P. Poor i4 . And they also forfeit 5. l. for not levying the money , and paying the same money so taxed for reliefe of the prisoners in the common Goales of the County , according to the Stat. i4 El. 5. and P. Prison 4. 3. If the Churchwardens and petty Constables shall not truly collect and pay to the high Constables of that division ten dayes before every quarter sessions such mony as they ought to pay for the relief of Souldiers and Mariners , they shal forfeit for every default 20. s . 43 El. 3. and P. Capt. &c. i7 . i8 . 4. If the Churchwardens or Over-seers , or other officer to whom the mony forfeited by 4 Jac. for uttering Beer or Ale to Tiplers unlicensed shall be payed , do not within convenient time truely bestow the same among the poor they shall forfeit double the value thereof , 4 Jac. and P. Alehouses i2 . i3 . 5. The Churchwardens duty in levying the penalties of Alehouse-keepers , &c. See Constables 9 Their duty in presenting the monthly absence from Church of Recusants , See Constables i4 . 7. Their duty in chusing dayes for amending the high wayes , See High-wayes i. ii . 8. They forfeit 5. l. for not receiving Rogues lawfully sent unto them . Their duty for binding out poore children Apprentices , and imploying their mony according to the Stat. 7. Iac. 3. See constables i5 . Clergy . 1. IN what cases clergy is allow 〈…〉 and what not , see Poulton i. &c. 2. Where clergy lyeth , it 〈◊〉 grantable but once to one person ( e 〈…〉 cept he be within holy Orders ) 4. H. 7 〈…〉 i3 . & P i6 . Clark of the Market : 1. IF the Clark of the Market shall take any common fine to dispence with faults , or shal ride with more than six horses , or tarry longer in the country than the necessity of his business requireth , he shal forfeit to the King for his first offence , 5. l. for the second offence 10. l. and for the third offence 20. l. 13 Ric. 2. & P. 1. 2. He ought also for to have all his Weights and Measures signed according to the Standard of the Exchequer with him , when he goeth to assay Weights and Measures , and he nor any other shall use any other Weights or Measure , i● Ric. 3. & P. i. Cloth. 1. THe Justices of peace in their severall quarter Sessions may enquire , heare , and determine every fault and offence made , or done contrary to the act of 39 El. 20. concerning woollen cloth , see P. Drapery , 127 , &c. & 43 El. i0 . 2. If any person shal present any cloth which is defective or faulty contrary to the Stat. 5 Ed. 6. the same cloth shal be by two Justices of the Peace cut into three equal parts , where of the King shal have one , the presenter one , and the third they shal retain themselves , 5 Ed. 6. 6. & P. Drapery 29. 3. If Clothiers , or other Masters shal refuse to pay such wages to their Spinsters , Weavers , and other workmen whatsoever as shal be assessed by the Justices of the Peace at their Sessions , and shal be thereof convict , they shal forfeit for every such offence , ten shillings to the party grieved , i Iac. 6. & P. Just . 66. 4. If Spinsters , Carders , Weavers , &c. shal imbezel , sel or detaine any part of their Clothiers wool , or yarn , as wel every one of them , as the buyers , and the receivers thereof knowing the same to be imbezelled , being convicted thereof by confession of the parry , or proved by one sufficient witness upon oath , before two Justices , shal give such recompence to the party grieved , as the Justices shal think sit , and if they be not able , then to be whipped and set in the stocks near the place where the offence was committed , 7 Iac. 7. 5. If any person shall wittingly use any deceitful art or means with Linnen Cloth , whereby the same is made worse for the use thereof , he shal forfeit his said Cloth , and suffer one monthes Imprisonment at the least , and pay such fine as shall be assessed by the Justices , 1 Eliz. 12. & P. Linnen cloth 2. Dyers and Dying . THe default and punishment of Dyers , 23 Eliz. 9. 39. Eliz. 11. & Poul . Drapery , 65. & Just . 82 Conjuration , Witchcraft , Prophesying 1. WHosoever shall use Invocation , or Conjuration of any evil spirit , or shal consult . covenant with , entertain , imploy , feed , or reward any evil Spirit , for any intent ; or shall take up any dead man , woman , or child , or any part of any dead person , to be used in any manner of Witchcraft , Sorcery , Charme , or Inchantment ; or shall use Witchcraft , Inchantment , Charm , or Sorcery , whereby any person hath been killed , destroyed , wasted , consumed , pined , or lamed in his body , or in any part thereof , shall , together with his Aiders , Abettois , and Councellors , being Lawfully convicted , suffer death as a Felon , and not have the benefit of Clergy , i Iac. i2 . and P. 1. 2. VVhosoever shall undertake by VVitchcraft , Inchantment , Charm , or Sorcery , to tel in what place any Treasure of Gold or Silver may be sound ; or to the intent to provoke any person to unlawful Love , or to impare , or destroy any persons Goods or Cattle , or to hurt any person in body , although the same were not effected , sha●l for the first offence suffer Imprisonment by the space of one whole year without Bail , and once every quarter of the said yeare , shall in some Market-Town on the Market or Faire day , stand openly on the Pillory by the space of six hours , and there openly confesse his fault and offence , 1. Iac. i2 . & Poult . 2. And for the second offence shal suffer death as a Felon , and not have Clergy , ibid. & P. 3. 3. Whosoever shal advisedly advance , publish , and set forth by writing , printing , open speeches , or deed to any other person , any fantastical or false Prophesie upon Arms , Fields , Beasts , or Badges , or upon any Time , Name , Bloudshed , or War , to make thereby Rebellion , dissention , loss of life , or other Disturbance within the Kings Dominions , shal for the first offence be imprisoned a year without Bail , and forfeit to the King and Informer 10. l. And for the second offence be imprisoned during life , without bail , and forfeit to the King and Informer all his Good and chattels , 5 El. i5 . and P. Prophesying . Constables . 1. EVery Constable ought to be Idoneus homo , that is to say , apt and fit for the execution of the said Office , and he is idoneus who hath these three three things , viz. 1. Honesty : 2. Knowledg . 3. Ability . 1. Honesty to execute his office truly without malice , affection or partiality . 2. Knowleege to understand what he ought to do . 3. Ability , as wel in substance , or estate as in body , that so he may attend and execute his office diligently , and not through impotency of body , or want , to neglect the place . And if any shal be chosen constable , which is not thus enabled and qualified , he may be discharged , Dalt . s . 37. 2. All constables and other Officers ought to be attendant and assisting to the Justices of Peace for the execution of the Stat. 33. & 37. H. 8. concerning Retainers , giving of Liveries , Maintenance , Embracery , Bow-staves , Archers , unlawful Games , Fore-stallers , Regraters , Victuallers , and Innholders , upon pain to be fined by the discretion of any two Justices of the peace , P. Just . 20. 3. If a Constable or such other Officer shal arrest one for Felony , and after suffer him to escape , it is Felony in such constable , of whatsoever other kinde the offence be ; if the Officer shall by his will or negligence suffer the party to escape , he shall be fined , which Fine shall be equal with the value of his Goods , if his fault do so require , See the Duties o● constables , f. 22. 4. If a constable , or other head Officer shall be requested to resist Purveyor which refuseth to make ready payment of any Purveyance not exceeding forty shillings , and he notwithstanding shal not aide and assist such own●r , he shal pay to the party grieved the value of the thing taken , and his double damages , 20 Hen. 6. 8. & Poulton Purveyors , 22. & Just . 58. 5. If the Constable , or other such Officer of any Township upon request made , and for the avoiding the loss of Corn , or grain , or Hay in the time of Harvest , shal not cause all such Artificers and Labourers ( as be meet to Labour ) by his discretion , to serve by the day , for the moowing , reaping , or inning of corn or Hay , according to the skill and quality of the person , and such as refuse to imprison in the stocks by the space of two dayes and one night , he shall forfeit 40. s . 5 El. 4. & P. Labourers 13. 6. If Constables and Tything-men shal not make privy search within their limits for Rogues and Vagabonds according to the Statute 7 Iac 4. Or shal not safely convey all such Rogues and idle persons at the charge of the Hundred , as by the Justices Warrant shall be sent to the house of correction , they shall forfeit such Fines as the Justices shall think fit , not exceeding forty shillings for every such offence , 7 Iac. 4. 7. If any Constable , or Tything-men shal not do his best endeavour to apprehend such rogues as beg , 〈…〉 bide within his limits , or shal not cause them to be punished , and conveyed away , according to the Stat. 39 El. 4. h● shal forfeit for every default 20. s . ibid. and i lac . 7. & P. Vagabonds , 5. and vide P. ii . how this forfeiture shal be imployed . 8. If any Constable , Headborough , or Tythingman shall not punish , and convey every Rogue and Beggar that shall be brought and set on land here , from Ireland , Scotland , or the Isle of Man , according to the Law , he shal forfeit for every default i0 . s . 39. El. 4. P. Vagabonds 6. 9. If any Officer wil not receive a Rogue , to convey him according to the Law , he shall forfeit five pounds , P. Vagabonds 5. And if any being a sturdy or imputent Rogue shall be sent to a Towne where he ought to be sent , and shal be refused , that person refusing shal forfeit 5. l. And he that is sent , is to be offered to the Churchwardens and Over-seers . To send Rogues by a general Pasport is a forfeiture of 5. l. 10. If any constable , or other inferiour Officer shall not whippe such hedge breekers , robbers of Orchards , and Gardens , cutting of Corn and Wood &c. as shall be for that purpose committed to them by a Justice of the peace , he shall be imprisoned without bayle till it be done , 43 Eliz. 7. & P. Trespass 2. 11. Every Constable , and other officer that shall willingly make default in levying such money as they shall be commanded by the Warrants of any Mayor , Justices of the Peace , &c. for the Relief of the poore infected with the Plague , shall forfeit for every such oftence ten shilings to the use of the poore infected persons , i Iac. 31 and P. Plague 3. 12. If any Constable or other inferiour Officer , to whom it shall be given in charge by precept from any Justice of the peace , within his Limits shall neglect the due correction of a Drunkard , or the due levying of the penalties imposed upon such offenders , where distress may be had , he shal forfeit ten shillings to the use of the poor of the same Parish , 4. Iac. 5. & Poulton . Drunkenness 2. 13. If any Ale-house-keeper shal be neglected by the Constables or Church wardens not doing their duty in levying of the penalties &c. Or in default of distress , shall not crucifie such default by the space of two dayes then next ensuing to the Justices within whose limits the offence shal be committed , the Constables , &c. shall forfeit for every such default fourty shillings to the poor , 1 Iac. 9. & P. Ale-houses 8. 14. If constables and other head Officers shall not make due search Weekly , or at the furthest once every month , where unlawful Games be , and execute the Statute in all things according to the purport of the same , shal forfeite for every Month fourty sh . 33 Hen. 8. and Poulton Players , 6. 7. 8. See who shal have Forfeitures , ibidem . 15. If the Parson or Vicar of a Town or Parish , not corporate together , with the constables and Churchwarrdens , collecters , and Over-seers , where any summe of money is , or shal be given to be imployed for the binding out of poor children Apprentices , or any of them shall forbear wilfully , or refuse to imploy such money according to their Duties therein , every of them so offending , shall forfeit three pounds , six shillings , eight pence , for every such offence , the one halfe to the use of the poore , and the other halfe to any that will sue . 7 Iacobi 3. 19. If constables and church wardens , or where there be none , the chiefe Constables of the Hundred shal not once every year present the monthly absence from Church of Popish Recusants according to the Stat. of 3 Iac. 4. they shall forfeit for every default twenty shillings , 3 Iac. 4. P. Recusants 41. 17. It that Constables do not see Wath duly set and kept from Sun setting till the Sun rising , between Ascention day , and Michaelmas day , and make presentment to the Justices of the peace at their sessions , of the default of watches , and such as lodge Strangers , for whom they wil not answer , they shal be fined by the discretion of the Justices , VVinch . 13. Ed. 1. 5. Hen 4. 3. & Poult . Watch 1 , & 2. 18. If a Constable being present at an Affray , shall not do his best endeavour to part them , it being presented at the Sessions , he shal bee deeply fined , and the Affrayer at the discretion of the Justices , he may justifie the hurting of them if they resist , & may command assistance , and imprison the Affrayors in the Stocks til they find sureties of the peace , Dalton fol. 28. High Constables . SEE the Constables duties in choosing Surveyors of the Highwayes , Highwayes i. If the high Constable or other head officer shall not pay the money by him received for the reliefe of prisoners in the Goale at the next quarter Sessions to the persons appointed by the Justices to receive the same , he shall forfeit five pound , halfe to the King , the other to the Prisoners , El. 5. i Iac. 25. & Poult . Prisoners 4. If the high Constable shall not pay at every quarter Sessions to one of the Treasurers of the shire such money as the Churchwardens shal pay to him for the prisoners in the Marshalsey , and Kings-bench , he shall forfeit for every default 20. s . 43 Eliz. 3. & P. poor people 14. If the high Constables shal not pay in like manner that money which the petty Constable or churchwardens bring to him for disabled Souldiers , he shall forfeit 40. s . 43 El. 3. & P. captains 18. See churchwardens 3. for the constables neglect herein . Correction-houses . 1. EVery Justice of peace in the county where there is not a conveient house of correction with convenient backsides , and necessary 〈…〉 mplements , shall forfeit 5. l. 7 Iac. 4. 2. The more part of the Justices may at any time of quarter Sessions , give order for the erecting of houses of correction , and for stocks of money , and al other things necessary for the same , or for the Government thereof , 39 〈◊〉 E. 7. 3. Houses of correction are to be purchased , conveyed , or assured upon trust to such persons as by the more part of the Justices of the peace in their quarter Sessions of the peace shall bee thought fit . And such Justices may at their said quarter Sessions , next after such houses built , and so from time to time appoint Governours or Masters thereof , and may make them such allowance and maintainance as they shal think meet , And if the Masters of the houses of correction shall not every Sessions yeild a true and lawful account to the Justice of the peace of all such person as they have committed to their custody , or if the said persons shal trouble the Countrey by going abroad , or escape from such houses of correction , the most part of the said Justices in their quarter Sessions may fine the said Masters and Governors as they shall think fit . 7. Iac. Coopers . 1. THe prices of all Barrels , Kilderkins , Firkins , and other vessels to be sold for Ale , Beer , or Sope to be uttered therein , made or sold out of any City , Borough , or Town corporate , shall be taxed by the Justices of peace , or the more part of them being present in the quarter Sessions yearly after Easter , at such prizes as they shal think fit and reasonable , and if any Cooper shal fel any of the same above such prizes assessed , and proclamation thereof made , he shal forfeit for every vessel sold at a greater price , three shillings four pence to the King and Informer . 8. Eliz. 9. & P. 1. & Iust . 79. 2. If any Cooper shall make his vessels for Beer or Ale of unseasonable Woood , or shall not make a Beer-Barrell to contain 36. Gallons ; a Kilderkin for Beer , 18. Gallons ; a Firkin fur Beer 9. Gallons , and a Barrel for Ale , 32. Gallons , a Kilderkin for Ale 16. and a Firkin 8. Gallons of the Kings Standard . And if any Cooper shal make any Vessel for Beere or ale to be sold of any greater or lesser number of Gallons than is aforesaid , unless he cause it to be marked upon every such Vessel the certain number of Gallons it containeth , and that with his own mark , he shal forfeit 3. shil . 4. d. 23 H. 8. 4. & P. 2. 3. Whosoever shal make any Vessels that being empty containeth not 32. Gallons for the Barrel , 16. for the halfe Barrel , and eight for the Firkin , or weighed above 26. pounds the Barrel , the halfe Barrel 13. and 6. and a halfe the Firkin , shallose 3. shil . 4. d. for each one , 23 H. 8. 4. 4. Whosoever shal diminish any Vessel to deceive another shall forfeit 3. sh . 4. d. and be further punished at the discretion of the Officer , 23 H. 8. 4. & P. 3. Corn. IF any person shall buy Corn in any Fair or Market , for change of hi 〈…〉 Sed , having then sufficient for hi 〈…〉 house , and for sowing of his ground for a year , and shall not bring thither ( if he might ) somuch as he did so bu 〈…〉 and the same day sell it after the price then going , he shal lose double the value of the Corn so bought , 5 Ed. 6. i4 . i3 El. 25. and P. 30. Transporting of corn , see Poult . 〈◊〉 , &c. Coroners . 1. WHo shal be Coroners , and of whom , and where they shal be chosen , and of what thing they shal enquire , see 3 Ed. i. i0 . i4 Ed. 5. 8. P. i2 . 2. If a Coroner be remisse in viewing a dead body murdered , or flain , and shall not enquire of them that did the murder of death of their abettors , or consenters , who were present thereat , and their names , or so found , shall not enrole certifie , and deliver his Inquisition according to the Law , he shal forfeit unto the King five pound for every offence , 3 Hen. 7. 1. & Poulton , 12. i4 . 3. If a Coroner shal refuse to do his Office upon the view of a dead body , by misadventure , without any fee therefore , he shall forfeit 40. s . i H. 8. 7. But upon an Inquisition taken upon the view of the body slain , he may take 13. s . 4. d. 3. H. 7. 1. & P. i5 . But if he take more , it is extortion . 4. Every Coroner which shall be absent from the assessing of wages for the Knights of the shire , shal forfeit to the King 40. s . 23 H. 6. i1 . & P. Parl. 12. 5. If a Coroner shall conceals , or not arrest Felons when he may he shal be one year imprisoned , and make a grievous fine , or not being able , shall be imprisoned 3. years , VVestm . 1. 3. Ed. 1. 9. & P. Felony 1. 6. If default be found in a Coroner for impannelling a Jury , or returning Issues upon a commission to enquire of a ryot , &c. he shall pay to the Kings use 40. l. 2. H. 5. 8. & P. Ryots 7. Cottages and Inmates . 1. NO person shal make , build , 〈…〉 rector cause to be builded 〈…〉 erected any manner of Cotage for dwelling , or convert or orda 〈…〉 any building or housing to be used as 〈…〉 Cottage for dwelling , unless he : do 〈…〉 thereunto 4 acres of ground at the 〈…〉 being his or their own Freehold 〈…〉 Inheritance , lying neer to the said Cotage , to be continually manured the● with so long as the said Cottage shal be inhabited , upon pain to forfeit to the King for every such offence 10. l. 31. 〈…〉 7. & P. 〈◊〉 , 2. Whosoever shall willingly maintain or uphold such Cottage , not having so many acres so lying and manured , shall for 〈…〉 it to the King for ev 〈…〉 〈…〉 forty shillings , 31. Eliz. 7. 6. P. 2. 3. Whosoever shall place or willingly suffer any Inmates , or more than 〈…〉 dwelling in one Cottage , shall forfeit● to the Lord of the Le●te for every month 10. s . 31. El. 7. P. 3. Just 10. 1. Counterfeiting of Letters or tokens . WHosoever shall falsly and deceitfully get into his hands , or possession any money , goods , chattels , jewels , or other things of any other person , by color or means of a privy token , or counterfeite Letter , made in another mans name , the same being proved by confession , or 〈…〉 xamination of witnesses , shal suffer any corporal pain ( except death ) as shal be adjudged , and besides the party grieved shal have his remedy by action or otherwise for the same money or goods , 33 H , 1. & P. & Just . 54. Cut-purse . A Cut-purse , not he which shal feloniously take any money , goods , or Chattels from the person of another privily without his knowledg in any place whatsoever , shall not have the priviledg of his Clergy , but suffer death as a Felon , 8 El. 4. & P. Clergy i. Escape 1. IUstices of peace in their Sess 〈…〉 may enquire of all manner 〈…〉 scapes for Felony , 1 R. 3. 3. and so for Murder , and certifie thereof 〈…〉 King in his Bench , 3 H. 7. 1. & P. Ju 〈…〉 2. If any person be murdered or 〈…〉 in the day , and the Murtherer es 〈…〉 untaken , the Township where the 〈…〉 deed is done , shall be amerced for 〈…〉 said escape , 3 H. 7. 1. and Poult . 2. 3. Escape is of two sorts , viz. 1. Voluntary . 2. Negligent . And for a voluntary Escape , if 〈…〉 Arrest or imprisonment were for F 〈…〉 ny , it shall be adjudged Felony in 〈…〉 which did suffer the prisoner to escap 〈…〉 &c. And note , that a ooluntary Escape 〈…〉 not Felony , if the Act done were 〈…〉 Felony at the time of the Escape 〈…〉 but it is finable , and so is a neglig 〈…〉 Escape , vide Dalt . s . 140. Escheators . NO Escheator shall sel or let to farm his Office , nor make any Deputy , but such as wil a 〈…〉 for at his peril , and shal certifie his 〈…〉 under his Letters Pattents to the 〈…〉 surer and Barons of the Exchequer , 〈…〉 in twenty dayes after , upon pain to 〈…〉 eit for every offence forty pounds 〈…〉 Ed. 9. & P. Just . 19. If an Escheator shal take for the 〈…〉 ution of any Diem claufit extremum , 〈…〉 ther Writ in any County above 40. 〈…〉 r 40. sh . where the Lands are not 〈…〉 en in capite , he shall forfeit fonrty 〈…〉 ds to the King and Informer . 〈…〉 . 6. 17. & P. 9. And for taking a 〈…〉 15. s . for the finding the office of 〈…〉 ds not exceeding five pound per 〈…〉 m , shall forfeit for every offence 〈…〉 pounds to the King and Informer . 〈…〉 H. 8. 12. & P. 〈◊〉 . Whosoever shal take upon him to 〈…〉 ute the office of Escheator not ha 〈…〉 Freehold of the yearly value of 〈…〉 ty Marks above all charges , he shal 〈…〉 it twenty pounds , i H. 8. 8. 3 H. 6. 〈…〉 P. 5. Extortion . IN Sheriffs and their Ministers , 〈◊〉 P. Sheriffes , 6. 7 , 8 , 9. 2. In coroners , see P. coroners , 〈◊〉 3. In Muster Masters , see P. Captaines , 14. 4. In Escheators , see P. Escheato 〈…〉 3. & 9. 5. In Ordinaries , see P. Ordi 〈…〉 ries , 2. 6. In the clerks of the Market , 〈◊〉 P. 1. 7. In a Parson , Vicar ; or cura 〈…〉 5 El. & P. Fish-daies , 3 & 5 El. 4. Labourers , 7. 8. In a spiritual person for a Mo 〈…〉 ry , 2 H. 8. 6. & P Mortuary 7. 9. In the clerk of the peace , for 〈…〉 rolment in the county , see Inrol 〈…〉 P. 2. & 27. H. 8. 16. And for Registring the License a 〈…〉 recognizance of a Badger , &c. see 〈◊〉 〈◊〉 12. 3. El. 25. & P. Badgers 3. Faire and Market . IF the Owner , Officer , or Ruler of any faire or Market shal not yearly appoint one certain open place here for the sale of horses , &c. and one ●fficient person , to take Tole , and keep ●e said place from tenne of the clock 〈◊〉 the forenoon until sun set , he shall 〈…〉 rfeit for every default , 40. s . to the 〈…〉 ing and Infor. 2 & 3 P. & M. 7. & . P. 4. 2. When , where , and for whom role ●r horses must be taken , ibidem , & ●oul . 5. 3. The sale of any stoln Horse in a ●air or Market shall not take away the ●wners property , except the horse be ●penly ridden , led , walked , driven , or ●ept standing by the space of an hour , ●etween the hours of 10. in the morning ●nd Sun set , in the open place of the air , and lawfully toled , 2 & 3. P. & 〈◊〉 . 7. & P. 5. And yet nevertheless the owner ●ay redeem the stoln horse within six ●onths paying the price , 3 i El. 12. & 〈◊〉 . 8. 5. No person shall sel or put away ●ny horse in any Faire or Market , un●ess the , Tole-Taker , Book-Keeper , Bai 〈◊〉 , or chiefe Offic 〈…〉 thereof , will take perfect knowledg thereof , and enter the sellers name , &c. into a Book kep● for horses sold , or unless the seller 〈◊〉 bring to such Tole-keeper , or other officer one cred●ble person testifying th● he knoweth the seller , and there ente● into such a book , as wel the summe a● the name , sirname , Mystery , and plac● of such Testifier , together with th● price taken for such horse , and no 〈…〉 shall so testifie unless he do truly kno● the same ; and no Tole-taker , &c. sha● make entry of any such sale , unless 〈◊〉 know the seller or testifier of such horse and giving unto the buyer requiring and paying two pence for the same 〈◊〉 true and perfect note in writing under his hand of all the contents of the same , upon pain that every person offending in the premises shall for 〈…〉 or every default 5. l. and the sale to be void , 31 El. 12 & P. 7. 5. If any person shall keep Faire 〈◊〉 Market in the Churchyard , he shall be punished at the discretion of the Justices , 13 Ed. 6. 1. & P. 10. Pheasants , Partridges , &c. 1. VVHosoever shall take or cause to be taken any Pheasants or Partridges , by nets , snares , or other engines , upon the Freehold of any other , without his special license , shall forfeit to the owner of the ground , and the Informer , ten pound , 11 H. 7. & P. 1. & Just . 38. 2. Whosoever shall take , kill , or destroy any Pheasants , or Partridges with any net , or other devices whatsoever in the night time , ( except unwillingly by lowbelling or tramelling , who also shall then and there presently let them go again ) shall forfeit for every Pheasant 20. s . and for every Partridge 10. s . to be payed within ten dayes after conviction , or in default thereof to be imprisoned for a month without bayle , and over and besides such forfeiture or imprisonment , to be bound with sureties for two years , not to offend so againe , 23. El. 10. & P. 2. & 5. & Just . 38. See who shall have forfeirures , Ibid. P , 3. 3. Whosoever shall shoot at , kill , or destroy with any Grinne or Bowe , any Pheasant , Partridge , house Dove , or Pigeon , Herne , Mallard , Duck , Teale , Wigeon , Goose , Heath-cock , More-game , or any such foule , or any Hare , or shall take , kill , or destroy any Pheasant , Partridge , house-Dove , or Pigeonwith setting-Dogs , and Nets , or other Engines , or shall take the Egges of any Pheasant , Partridge , or Swans , or willingly destroy the same in the nests , or shall trace or course any Hare in the snow , or take any Hare with hare-pipes , cords , or any such Instruments or Engines , the same being confessed , or proved by two sufficient Witnesses upon oath before two or more Justices , shall be by them imprisoned for 3● monthes without bayle , or forthwith pay to the use of the Poore there , 20. s. for every Foule , or Hare , and for every egge of Pheasant , Partridge , or Swan , so taken or destroyed , or after one month after his imprilonment become bound with two sufficient sureties in 20. l. a peece not to offend so again , 1 Iac. 17. and Poult . 6. 4. Whosoever shall take , kill , or destroy any Pheasant , or Partridge , with seetting-dogge , net , or any other engine the same being confessed or proved by any sufficient witness upon oath before any two of the Justices of the Peace , shall be by them committed for three monthes without bayle , unless he forthwith pay to the use of the Poore there 20. s . for every Pheasant or Partridge and be bound in 20. l. not to offend so again , 7. Jac. 28. 5. 5. By the Stat. 7 Iac. 11. He that hath inheritance of 40. l. per ann . Freehold of 80 l. per annum , or is worth in goods , 400. l. and their meniall servants thereto authorised , may take Pheasants and Partridges in the day time onely upon their owne and Masters free Warran , Mannor , and Freehold , between Michaelmas and Christmas , 7 Iac. ii . 6. Whosoever shall sell , or buy to sel againe any Pheasant , Partridge , Hare or Deere nor brought up in the houses , or brought from beyond the Seas , shall forfeit for every Pheasant 40. s . for every Partridge 10. l. for every . Hare 10. s . and for every Deere 4. 〈…〉 s the one moyty thereof to the Informer , the other to the Poore , 1 Iac. 17. & P. 8. See Hawkes , 1. & 7. Iac. 11. See Hunters , 6. & 7. and Poult . 6. Fish and Fish daies . 1. WHosoever shall take any Salmons between the Feast of the Nativity of the blessed Virgin Mary and Saint Martin , in any Rivers or waters , or shall take young Salmons at any Mill poole , or any other place , between the midst of Aprill and Midsummer , or at any time cast in to any waters any nets by which the fry of any Fish may be taken or destroyed , shall for the first offence have his not burned , for the second be imprisoned three monthes , and for the third a whole year , 13 Edw. 1. 46. 13 R. 2. 19. & P. 1. & Just . 41. 2 . Whosoever shall with any Net , or other means whatsoever , take and kill any young brood , spawn , or fry of any fish in any floodgate pipe , or taile of any mill , weare , stream , or river , salt or fresh water , or shall take there any Salmons or Trouts out of Season ; that is , being keepers or shedders , or shall take or kil any pickerell under 10. inches , or Trout under 8. inches , or Salmon under 16. inches , or Barbel under 12. inches fish in length , or shall fish in any of the said places with any net , but such whereof every mesh shall be two inches and 〈◊〉 half broad , shal forfeit for every offence 20. s . the fish and nets ( Angling and the taking of Smelts , Gudgeons , Eeles , &c. in places onely where they have been usually taken excepted ) 1 El. 27. & P. 34. & Just . 40. This Statute doth not extend to any River where the King hath any yearly rent or profit , ibid. & P. 5. 3. Whosoever shall unlawfully ●re 〈◊〉 cut down , or destroy the head or dam of any pond , more , stew , or severall pir wherein fishes are put by the owner thereof , or shall wrongfully fish in any of the same , to the intent to take away the same against the owners will , shall pay to the party grieved treble damages suffer three months imprisonment , and then to be bound to the good behaviour with sureties for seven years , and the party grieved may take his further remedy for his loss and damages , and may release the suretiship of good abearing , at any time within the 7. years , 〈◊〉 El. 21. & P. 7. & Just . 34. Fish and the eating of Fish . WHosoever shall by writing or open speech notifie , that the eating of Fish , or forbearing of Flesh upon any dayes now usual observed as Fish-dayes , is of necessity for Salvation of Souls , &c. shall be imprisoned and punished as spreaders of false News , 5. El. 5. & 1. Iac. 25 , & Poulton News 1. & 2. See 5 Eliz 5. 35. Eliz. 7 & 1 Iacob . 20. & Poulton , 1. &c. Force and forcible Entries 1. THere are three degrees of Force , viz. 1. Such as enter peaceably and then hold forcibly . 2. Such as enter with force , and then hold peaceably . 3. Such as both enter forcibly , and hold forcibly . 2. Whosoever maketh entry into any Lands and Tenements forcibly , and with strong hand , and multitude of people , and hereof shall be lawfully convicted , shal be imprisonned and fined at the Kings pleasure , 5 Ric. 2. 5. & P. 1. 3. Whosoever shall enter into any Lands or possessions with force , or entring peaceably shal hold the same with force , shall be committed to the next Goale , there to remain untill they have payed a fine to the King , And whether the parties which made such Entries be present or gone at the comming of the Justice , he shal in some good towne , or convenient place near where such force was made enquiry by a sufficient Iury of the same County , City , &c. of them which made such forcible entries , and if it be found that entry was made contrary to the Statute , he shall reseize the said Lands or Tenements so entred upon , and thereof , put the party in possession which was in such sort put out 15 Ric. 2. 2. 8 Hen. 6. 9 & P. 2. & Iust . 8. 9. None shall be endamaged hereby , which have continued three years possession , 8 H. 6. 9. Nor any restitution upon any Indictment , 31 El. 11. & P. 4 4. If the Sheriffe or any other of the County , shall not attend to assist the Justice , and to arrest such offenders , he or they so offending shal be imprisoned and pay a fine to the King , 15. R. 2. 2. & P. 5. The Justices charges in the execution of these Statutes , are to be born by the party grieved , Ibid. & P. 2. Forestallers , Regrators and Ingrossers . 1. A Forestaller is he that buyeth , or causeth to be bought , or maketh contract or promise for the having , or buying any victuals or wares comming by land or water towards any Faire or Market to be sold , before the same shall be in the Faire or Market , &c. Or that by any means maketh motion to any person for inhauncing the price of the same , or that doth disswade , move , or stir any person comeing to the Martket or Faire to forbeare to bring any of the same to any Faire or Market to be sold , 5. Edw. 6. 14. & P. 1. 2. A Regrator is hee that regrateth or getteth into his possession in any Faire or Market any Corn , Wine , Fish , Butter , Cheese , Candles , Tallow , Sheepe , Lambes , Calves , Swine , Pigs , Geese , Capons , Hennes , Chickens , Pigeons , Comes , or other dead victuall whatsoever , brought to any Faire or Market to be sold , and selleth the same again in any Faire or Market there , or within four miles thereof , 5. Ed. 6. 14. & P. 2. 3. An Ingrosser is he that ingrosseth or getteth into his hands by buying , contract , promise , taking other then by demise , lease , or grant of land of tythe , any Corn growing in the field , or other Corn or Grain , Butter , Cheese , Fish , or other dead victual within England , to the intent to sell the same againe . ( But such as do buy Barley or Oates without Forestalling , and turn the same into Malt or Oatmeale , and sell it again , and such Victuallers of all sorts as buy Victuall without Forestallings and sell it by retaile againe , and Badgers and Drovers being lawfully licensed , and not abusing their licenses , are excepted . ) So be all buyers of Wines , Oyles , Spices , and other Forreign victual brought from beyond the sea 〈…〉 ther , except Fish and Salt only , 5. Edw. 6. 14. 5. Eliz 12 , 13. El. 25 , & P. 5. & 6. 4. Whosoever shal be duly convicted or Forestalling , Regrating , or Ingrossing unlawfully within two years after the offences , shall for the first offence lose the goods or the value of them , and be two monthes imprisoned without bayle , and for the second offence lose double the value of the goods , and be imprisoned six monthes without bayle ; and for the third , offence lose and forfeit all his Goods and Cattle , stand on the Pillory , and be imprisoned at the Kings pleasure , 5 Ed 6. 14 & P. 4. & Iust . 3 i. 5. Whosoever shall buy any Oxen , Runts , Steers , Kine , Calves , Sheep , Lambs , Goates , or Kids , living , and sell them again alive , except he keep and feed them five weeks , shall forfeit the double value of them , 5 Ed. 6. 14. and P. Cattles . 6. Whosoever shall forestall any Hides or buy any out of open Market or Faire , unless of such as killed beasts for their own provision , shall lose for every hide vj. s . viij . d. 1 Iac. 22. & P. Leather 7. 7. Regrating of Barks . See Bark . 8. Regrating of Wool. See P. Iust . 98. & Wool. 9. Ingrossing of tanned Leather : See 5 Edw. 6. & 15. & Poulton Leather 53. Forging of Deeds . WHosoever being once convicted or condemned of any of the offences prohibited by the Stat. of 5 Eliz. against the forging of evidences and Writings , and shall eftsoons commit the like again , shall be adjudged a Felon , and not have his Clergy , 5. El. 14. & Poult . 4. A Servant taken with a forged Testimonial , shall be whipped as a Vagabond ; See Labourers . Forging Tokens or Letters , See Counterfeiters . Goldsmith and Gilding . 1. IF any Goldsmith , or worker of Silver , shall work any Silver that is not 〈…〉 e in allay as the Sterling , or shall not set his Mark upon his wo 〈…〉 before he set it to sale , he shall forfeite the double value , 2 H 6. 14. & P. 6. 2. If any Gilder shall offend against the Stat. 8. Hen. 5. concerning the gilding of mettal and other things , he shal forfeit ten times the value of the thing gilt , and be imprisoned a year , 8. H. 5. 3. and P. 7. and Just 48. Good behaviour . SUreties of the Good behaviour i chiefly granted against common Barrators , common quarrellers , and common Breakers and perturbers of the peace , and also against Ryoters , against such as lye in waite to Rob , Maim , or Kill , or shall assault any , against such as are suspected to be Robbers upon the highwaies , against such as are like to commit Murther , or other grievances to the kings people ; and also against such as be of an evil name and fame generally , or in the place where they remain . 2 Ed. 3. 6. 34 Ed. 3. 1. & P. Just . 18. & Dalt . fol. 16. Also against him that is suspected to have got en a Bastard , Lamb. 122. Also against Evesdroppers ; also against night walkers , and such as shall sleep in the day , and go abroad in the night , or use suspicious persons company , or shall commit outrages , &c. Guns and Crosbowes , 1. VVHosoever shall shoot in , or keep any Gun , Dag , Pistol , Crosbow , or Stonebow , or shall carry in his journey any Gun , Dag , or Pistol charged , or Bow bent , but in time of war , or to or from Musters , except he have in his owne or wives right 〈…〉 . 〈◊〉 . per annum in Lands , Tenements , Fees , Annuities , or Offices , shall forfeit for every offence ten pound to the King and Informer . 33. Hen. 8. 6. & Poulton 1. & 3. 2. Whosoever shal shoot in , carry keep , use , or hand any Gun , but such as in stock and gunne shal be a yard long ; or in any Hagge , Demihake , Dag ; or Pistol , not being three quarters of a yard long , shall forfeite for every offence , 10. l. 33 Hen. 8. 6. & Poult . 2. And every person having 100. l. per annum , may seize and take away any that is shorter , but must breake 〈◊〉 within twenty dayes after , under penalty of 40. s . He may also take away every Crosbow from any not having Lands , &c. as aforesaid , and keep it to his own use , Ibid. 3. Whosoever shal shoot in any gun , &c. neer to a Market town , except for defence of his person or house , or at a But or Bank of earth in a place convenient , shal forfeite for every shoot ten pound to the King and Informer , 33 H. 8. 6. And if any person under the degree of a Lord of the Parliament , shal shoot in a Hand-gunne in a City or Towne at any mark upon a Church , House , or Dove Coat , shall forfeite ten pound , and be imprisoned for three monthes , 2. Edw. 6. 14. & Poulton 4. 4. If a Master command his Servant to shoot otherwise then is aforesaid , he shal forfeit ten pound . The King must commence his suite within a year after , and every other person within a year after the offence was committed , for any penalty or forfeiture given them by the Stat. 33 H. 8. 6. & P. 5. 5. Every man may arrest an offender against this Statute , and carry him before the next Iustice , and such bringer shal have halfe the forfeiture , 33 H. 8. 6. & Poult . 6. & Just . 45. 6. Whosoever shall shoot haile shot , ●or more pellets than one at one time , unless he be thereto licensed , shal forfeit ten pound , and be three monthes imprisoned , 〈◊〉 Ed. 6. 14. & P. 10 , See 33 Hen. 8. 6. and P. ●7 . See Pheasants . Such as are licensed to keep hawkes meat , may not shoot at other Fowle than are mentioned in their Licenses , nor otherwise , nor elsewhere than is allowed by the Stat , 1 Jac. 27. and if it be not contained in their said Licenses at what Fowls they shall shoot , or if any of them so licensed , shal not 〈◊〉 bound 〈◊〉 twenty pound not to shoot 〈◊〉 any other Fowle , then the said Licenser Pl●c●●d to be void , 〈◊〉 Iac. 27. 33 H. 〈…〉 6. & P. 9. & Pheasants 〈◊〉 . & Just . 38. Hawks and Hawking . 1. WHosoever shall hawk at , destroy or kill any Pheasants Partridg with hawk or do● by colour of hawking , between the fi 〈…〉 of July , and the last of August , and 〈◊〉 same be proved by the parties consession , or by two sufficient witnesses upon oath before two or more Justices of the peace within six months after the offence committed , shall be imprisoned for a month without bayle , unlesse he forthwith pay to the use of the poore there 40. s . for every such hawking at Pheasant or Partridg , and 〈◊〉 . s . for every Pheasant or Partridg 〈…〉 ●ac ii . 2. VVhosoever shall hawk , or with Spannels hunt where any eared or codded Corn shal be standing and not shocked or copped , shall forfeit to the owner of the same Corn 40. s . 33 El. i0 . & P. Pheasants 4. 3. VVhosoever shal unlawfully take away any hawk , or the egges of any hawke out of the woods or grounds of any other person , shal pay to the party grieved treble damages , suffer three months imprisonment , and be bound with sufficient sureties to the good behaviour for seven years after , or else to remain still in prison , and the party grieved may take his further remedy for his loss and damages , and may release the good behaviour before the seven years be expired , 5 Eliz. zi . & P. i. & 3. Just . 34. & ii . H. 7. i7 . 4. VVhosoever shall take any Ei●er , Falkon , Goshawk , Laner , or Lanaret , or purposely drive them out of their coverts or kil them , shal for feit ten pound to king and informer . And whosoever shal bear any Hawk of the breed of England called a Nesse-Goshawk , Tassel-Lanner , or Lannaret , shal forfeit the same to the king , ii H. 7. i7 . & P. 4 , 5. & Just . 39. 5. VVhosoever shal finde a hawke that was lost , and shal not forthwith bring her to the Sheriffe of the County to be proclaimed , but doth steale it or carry it away , or conceale it , hee shall be used as a Felon for stealing 〈◊〉 Horse , 34 Edw. 3. 22. 37 Edw. 3. 1● & P. 2. Herons . WHosoever shall take any Heron ( out of his own ground ) by craft or engine , except it be by hawking or long Bow , shall forfeit for every heron six shillings eight pence : and whosoever shall take young Herons out of the nest without license of the owner of the ground , shall forfeit for every Heron 10. s . to the King and Informer , 19 H. 7. 11. and P. 1. and Just . 35. See Pheasants . Highwayes . 1. IF the Constables and Churchwardens of any Parish , shall not yearly in Easter week chuse Surveyors for mending the Highwayes , and appoint six dayes for that purpose , according to the Statute , they shall be fined . 〈◊〉 , & 3. P. & M. 8. 29 Eliz. 5. & P. 〈◊〉 , 2. 2. If any Surveyor refuse to take upon him the Execution of the said Office , he shall forfeit twenty shillings , Ibid. 2. If any person having a Plow-land in Tillage , or pasture , keeping a draught or plough , and shall not finde one waine or Cart furnished to worke eight hours every of the said dayes , he shall forfeite for every of the said draughts making default , ten shillings , Ibid. A Plow-land is so much as one can plow in a year , Dalt . fol. 53. &c. 3. If any of the carriages of the parish shall not be thought needful by the Surveyors to be occupied upon any of the said dayes , then such person as should have sent carriage shal send for every such carriage so spared , two able men to labour for that day , upon paine to forfeit for every man not sent 12. d. 2. & 3. P. & M. 8. 5 Eliz. i3 . 29 Ed. 〈◊〉 & P. 3. 4. If any housholder , Cottager , or Labourer having no Plough or draught shall not by himself or some other , work eight hours of the said six dayes 〈◊〉 the highwayes , he shal forfeit for every default it . 〈◊〉 . Ibid. & P. 4. 5. Surveyors may by their discretion take other mens rubbish , stones , and gravel upon their grounds for amending the highwaies , but must stop the pits again within one month after such diging , upon pain to forfeit to the ow 〈…〉 5. Marks , 5 El. i3 . 29. El 5. & P. 5. 6. Surveyors may also turn a wat●● course being noysome to the highwayes into any mans ground adjoyning , Ibid. & P. 6. 7. If the hayes , fences , dikes , or hedges neer adjoyning to any highway , shall not be diked ; scoured , repaired , and kept low , and all trees and bushes growing in the same cut down , the owners shall pay for every default ten shillings , 5 El. i3 . i8 . El. i0 . & P. 7. 8. If any Surveyor shall not within one month next after any offence don● against the meaning of these Statutes present the said offence to the next Justice of peace , he shal forfeit for every offence not presented 40. s . And the same Justice not certifying it at the next Sessions , 5 El. 13. 29 El. 5. & P. 8. 9. If any offender shall obstinately refuse to pay his forfeitures &c. within 〈◊〉 . dayes after lawfull demand , he shal forfeit double the sum he should have payed , Ibid. & P. 9. 10. If any person being assessed in Subsidue to 5. l. in goods , or 40s . in lands , ●hal not find two able men to yearly 〈◊〉 labour in the highwayes , he shal be 〈◊〉 , i8 . El. i0 . & P. i2 . 11. VVhosoever shall occupy a plow-land in tillage or pasture lying in several parishes , shall be chargeable to the making of the wayes in the parish where 〈◊〉 dwelleth , i8 El. i0 . & P. i3 . 12. VVhosoever shall keep in his hands several ploughlands in severall parishes , shal be charged with the repairing of the highwayes within the several parishes where the said lands lie , 〈◊〉 . El. i0 . & P. i4 . 13. Every person that shall occupy any Lands adjoyning to and highways where any ditching or scouring ought to be , shal ditch and scour in his ground whereby to conveigh the water out of the highway , upon pai● to forfeite for every rod not so done 12. d. 12 Eliz. 〈◊〉 ▪ & P. 15. 14. Whosoever shall occupy any la 〈…〉 adjoyning to any highway leading 〈…〉 any Market town , and shall cast or l 〈…〉 the scouring of any ditch into the hig 〈…〉 way , and shall suffer it to lye there 〈◊〉 the space of six monthes to the anno 〈…〉 ance of the highway , shall forfeite 〈◊〉 every load 12. d. 18. Eliz. 10. & P 〈…〉 16. Where any soyle hath been so 〈◊〉 into the highway , that there is a B 〈…〉 betweeen the said Highway and the Ditch , the Surveyors and workm 〈…〉 may make Sluces to convey the wa 〈…〉 into the ditch , Ibid. See 2. & 3. Pl. & M. 8. 18. El. 〈…〉 P. i0 , ii . & i7 . 15. If any Lord of the soyle shal n 〈…〉 enlarge , the highwayes from Market 〈…〉 Market , so that no dike bush , or Tr 〈…〉 ( except great ) be within two hundr 〈…〉 foot of each side thereof , for the bett 〈…〉 preventing of Roberies and Murthe 〈…〉 he shall answer for any Felony d 〈…〉 therein , and for Murther shall be fined at the kings pleasure , Stat. Winche 〈…〉 13 Ed. 1. 5. and P. 18. 18. A remedy where it is not know 〈…〉 〈…〉 ho ought to make or repair Bridges . 〈◊〉 H. 8. 8. 5. 1. 2. & 3. 4. & 5. and 〈◊〉 ▪ 70. If a man of his owne accord shall ●ake or mend a Bridge , this shall no ●nde him at any other time ; yet if he ●nd his ancestors , or any Corporation , 〈…〉 ave done it time out of mind , although 〈…〉 ot of right , yet such continuance shall 〈…〉 nd them and their heirs or successors 〈…〉 id Dalt . ●ol . 34. If a man make a Bridge for ●asement 〈…〉 his Mill , and that decayeth , the party or any other shall be charged to repair 〈…〉 is , for it is no common passage , Dalt . 〈…〉 l. 34. Such as are chargeable to repaire 〈…〉 ridges , may enter upon any other 〈…〉 ans Land or soyle adjoyning , and 〈…〉 ay lay their stone , time , timber , or 〈…〉 ther necessaries for the repairing ther 〈…〉 f , and the owner of the lands shal have ●o action against them therefore , be 〈…〉 use it is for the common good , Dalt . 〈…〉 l. 34. Horses . THe Justices of peace in their 〈◊〉 ter lessions may enquire of , h 〈…〉 and determine all defaults 〈…〉 offences done contrary to the Sta 〈…〉 3● H. 8. i3 . & 33 H. 8 5. concorning 〈◊〉 keeping and breeding of Horses , see 〈…〉 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , ii , 12. & Just . 47 , 〈…〉 Horse 〈…〉 al●●s , nor their accessa 〈…〉 before nor after shal not have their c 〈…〉 〈…〉 , 〈◊〉 Ed. 〈◊〉 33. 3● El. 〈…〉 . & P. Cle 〈…〉 Concerning stealing 〈…〉 Horses See faires &c. Huy and Cry : 1. ALL Huy and Cry ought to be made from town to town , a 〈…〉 from countrey to countrey , an● by horsemen and footmen , otherwise 〈…〉 is no lawfull pursuit , 27. El. i3 . & p. i. 9. 2. VVhosoever shal raise Huy and Cry without cause , or being raised upon good cause , shal refuse to pursue and arrest Felons , or such as have dangerously hurt any man , shall be fined at the Kings pleasure . 3. Ed. i. 9. & P. i. 2. Huy and Cry shall be levied against him that will not obey the VVatch in the night . VVhat the party robbed ought to do which will take any benefit by vertue of the Stat. of Huy and Cry , 27 El. i3 . & P. 8. i0 . Hunters and Hunting . 1. VVHosoever shal in the night unlawfully enter , &c. and hunt , take , or kil any Conies shall suffer three monthes imprisonment , pay to the party grieved treble damage and cost , and be bound with sureties to be of good behaviour seven years after , 3 Iac. 13. & P. Forrests 9. ii . 2. VVhosoever shall by night or day unlawfully enter into any Parke impaled , or other severall grounds inclosed for the keeping of Deer , and there unlawfull hunt , drive , or chase out , or take , kill , or slay any Deer against the will of the owner or occupier of the same , shall suffer three monthes imprisonment , pay to the party grieved ten pound , or treble damages and costs at his election . 7 Iac. 13. Quaere if he shall not be also bound to the good behaviour for seven years after , according to the Stat. 3 Iac. i3 . 3. To hunt in the night in any Forrest , Park , or VVarren , with Vizors , or other disguisements , and to conceal the same , or any offender upon examination before a Iustice of the Peace , or to disobey any arrest for such hunting , or to make rescues thereupon , is Felony ; but to confesse the truth is against the King ; but trespasse fynable by the Iustices at the next Sessions ; 1 Hen. 7. 7. & Poult . 4. & Iust . 16. 〈◊〉 . VVhosoever committeth trespass in Parks , shall make great amends to the party , be three years imprisoned , and bound with sureties not to comm●● the like offence , and be also fined at the Kings pleasure , VVestin . i. 3. Ed. i. 22. & P. Forrests . 3. 3. VVhosoever having no Park , &c shall keep , or cause to be kept any D 〈…〉 Hayes , or Bustalls , shall forfeite for every month , tenne pound to any that will sue for it by action of debt , &c. The like penalty for every time for any that shall stalke , or cause others to stalke with bushes or beasts at any Deer without the license of the owner . i9 . Hen. 7. 1i . & Poulton 2 , & 3. & Iust . 35. 6. VVhosoever shall have or keep any grayhound for coursing of Deer or Hare , or setting Dogge or Net to take Pheasants or Partridges , unless he have inheritance of ten pound per annum , Freehold of three pound per annum , or is worth in goods two hundred pound , or be the sonne of a Knight , &c. or son and heire of an Esquire , &c. shall be three monthes imprisoned , unlesse he sorthwith pay to the use of the poor there 40. s . i Iac. 27. and P. Pheasants , 7. If any Artifycer , Labourer , or other Layman not having Lands or Tenements of 40. s . pe annum , or any Spirituall person , not having Living worth i0 . l. per annum , shall have or keep any Grayhound , Hound , or other , Dog to hunt , or shall use Ferrets , Hays , Nets , Harepipes , Cords , or other engines to take or destroy Deer , Hares , Conies , or other Gentlemens Games , he shall be imprisoned by the space of a yeare , i3 . R. 2. i3 . & P. 1. and Iust . 36. And if any person not having Lands , &c. of the cleare yearly value o● 40. l. or not worth in goods 200. l. shal shoot with gun or bow at Deer , or Conies or shal keep any buckstals or engins , hayes , gate-nets , purse-nets , ferrets , or coniedogs ( except Keepers , VVarrenners , and owners of Parks , and can make 40. s . per annum of the increase of Conies ) every man having i00 . l. per annum , may seize and take , and keep to his own use for ever , such Guns , Bows , buckstalls , &c. 3. Iac. i3 . & P. F orests i0 . See Pheasants , 6. See Pheasants , 3. See Hawking in Corn , 2. Husbandry and Tillage , SEE 39 El. i & 2 P. i , &c. & Iustice 44. VVhosoever shall offend against the said Statute , shall forfeit 20. s . for every Acre of land converted from Pasture to tillage , whereof one third part to the Kings owne use , one other third part to the King , for relief of the poore of the Parish , and one other third part to any that will sue for it ; 39 El. 2. & P. 24. Note , that no offender shall be impeached or sued by vertue of this Act , unless such suit be commenced within two yeers after the offence done , ibid. & P. 26. Indictments , and Presentments . 1. ALL Indictments and Presentments ought to containe certainty , and therfore most commonly five principal things be requisite in Presentments before the Iustices of the Peace . 1. The Name , Sirname , addition of the party indicted . 2. The yeer , day , and place in which the offence was done . 3. The name of the person , to whom the offence was done . 4. The name and value of the things in which the offence was committed . 5. The manner of the fact , & the nature of the offence , as the manner of the Treason , Murder , Felony , Trespass , vid. Iam. fol. 487. VVhat words not necessary in Indictments , See 37. H. 8. 8. & P. i. Process against Inditers in another County , 5 Ed. 3. 14. & P. 5. Indictments of persons dwelling in forreign Counties , 8 , H. 6. 10. & P. 3. Process upon Indictment of Felony , See 25. Ed. 3. 14. & p. 5. VVhere Iustices of the Peace may charge one Enquest to Indict another , 3 H. 7. 1. & P. Iurors 9. & Iust . 45. By what persons and by whom impannelled all Indictments shall be made , P. Iurors 7. Indictments taken before Sheriffes in their Turns shall be delivered to the Iustices of peace of the same Shire , under the pain of ●0 . l. 1 Ed. 4. 2. & P. Sheriffs 12. Iustices of peace may award process against them that be indicted in the Turn , ibid. & p. 13. Informer . IF any Informer or Promoter shall compound or agree with any person for any offence against any penall Law , without the order or consent of some of the courts at VVestm . or shal willingly delay or discontinue his suit once commenced , he shal lose 10. l. and stand on the Pillory two hours , 18. El. 3. 5. & 27. El. 10. & P. Action popular . Inholders , 1 NO Inholder , dwelling in any Market Town wherein is a common Baker that hath been Apprentice three seven years , shal within his own house make any horse-bread , nor dwelling in any other through-faire shall make it insufficiently , and not of due Assize , upon paine to forfeit the treble value , 13. R. 2. 8. 32. H. 8. 41. & P. 2. & Iust . 50. No Inholder or Hostler shall take any thing for Litture , nor excessively for Hay , nor above a halfe penny in a bushell for Oates above the common price in the Market , upon pain to forfeit the quadruple value of that , which he shall take more , 13. R. 2. 8. 4 H. 4. 25. & P. 1. and Iust . 50. Inholder keeping misorder , see Ale-houses 1. &c. Intolements ALL Deeds to be inrolled must be inrolled within six month after the date reckoning 28. days to every moneth , and must be indented Revera . And if it have no date , then within the six monthes after the delivery , and if it be inrolled the last day of the six monthes it is good , and any one Iustice of the Peace may joyn with the Clerk of the peace , in taking the inrolement of an Indenture of bargaine and sale of Lands , &c. lying in the County where he is Iustice , 27 H. 8. 16. & P. 1. Jurors , Juries and Enquests 1. IF any Iuror in an enquest shal take any thing to make his presentment favourable , he shall forfeit decies tantum , & 〈◊〉 he have not so much , he shall be one yeare imprisoned , 34 Ed. 3. 8. 38 Ed. 3. 12. & P. 4. 2. If a Iuror be returned without an addition by which he may be known , the party that returned him shall lose 5. Marks to the King , and as much to the party grieved . The like penalty for gathering issues when they are not due , 27. El. & P. 33. 3● . See more concerning Iurors , P. 1. 8. &c 3. Iurors to enquire of forcible entry , ought to have Lands or Tenements of the clear yearly value of 40. s . 8 H. 6. 9. & P. 12. 4. Iurors returned to enquire of a Riot , Rour , or unlawfull Assembly , must have Lands in that County of 20. s . per annum , of Freehold , or 26. s . 8. d. of Coppyhould , ultra reprisas upon every of which , the Sheriff ought to return 20. s . in Issues for the fyrst day , and 40. s . at the second day , 19. H. 7. 13. & P. Riots 14. But if it be upon a Commission , then the Iurors ought to have 10. l. per annum at least , ibid m. & P 6. Labourers : 1. IF any Clothier , Taylor , Shoomaker , Tanner , Ba●er , Miller , &c. shall retain any servant to work in his Science or Art for less than a year , the Retainer shal be void , 5 El. 4. & P. 1. 2. VVho are compellable to work in Handy-crafts and Husbandry . ibid. & P. 2. 3. 3. VVho are compellable to work in Harvest , P. 13. 4. If any person shall give any wages contrary to the rates of wages , of servants and Labourers appointed , and proclaimed , he shall be imprisoned i0 . dayes without bayle , and forfeit 5. l. and every person taking such wages and being thereof convicted , shall be imprisoned 2i . dayes without bayle , 5 El. 4. & P. 4. How the wages shall be rated , See P. Iust . 66. 5. If any person shall put away his servant before the end of the terme without a reasonable cause allowed by a Iustice of the Peace , or at the end of his term without a quarters warning before given , he shall forfeit 40. l. 5. El. 4. & P. 5. And if any servant shall depart without such cause before the end of his term , or at the end thereof , without such warning given before two lawfull witnesses , he shall be imprisoned without bayle , till he be bound to the party to serve and continue with him , ibidem & P. 6. 6. If any person retained in husbandry , or other the Arts , before mentioned , shall after his retaine expired , depart out of one Country , City , Town , or Parish , to another without a Testimonial declaring his lawful departure , he shall be imprisoned till he procure such Testimoniall , which if he cannot do within 2i . dayes after the fyrst day of his imprisonment , then he shal be whipped , and used as a Vaggabond ibidem , & P. 7. And every person which shal retain any such servant without shewing such Testimoniall , shall forfeit for every such oftence , 5. l. 5 El. 4. & P 8. And if any such persons shall be taken with a counterfeit or forged Testimoniall , he shal be whipped as a Vaggabod , P. 8. 7. How long workmen shall continue at their Labour , 5. El. 4. & P. 9. 8. If any shall undertake work by the great , and shall unlawfully depart before it be fynished , he shall forfeite 5. l. to the party from whom he shall so depart , and be Imprisoned a month , 5. El. 4. P. & . i0 . 9. If any Servant , VVorkman , or Labourer , wilfully , and maliciously make any assault or 〈…〉 ray upon his Master or Dame , or other person , having the Charge of such workers or work , hee shall suffer one years imprisonment , or less , at the discretion of the Iustices , and such further punishment as they shall think fit , not extending to life or limb . 5. Ric. 2. & P. i2 . 10. VVomen of the age of i2 . yeares and under 40. and unmaried , may be compelled to serve , 5 Eliz. 4. and P. i4 . 11. Servants of the age of 18. yeares , and not being an Apprentice , going away with , or converting to his owne use any Money , Iewels , Plate , Good , or Chattels of his Masters or Mistris , and of his or her delivery to keep , of the value of 40. s . to the intent to steale the same , is Felony , 21 H. 8. 7. 5. El. i0 . & P. Stealing 1. Labourers Servants , and Apprentices . 12. VVhosoever shal take an Apprentice contrary to the Law , shall forfeit for every Apprentice 10. l. 5 El. 4. & Poulton 2. 6. 13. VVhosoever shall exercise any art or manuall occupation used , 5 El. not being brought up therein , as an Apprentice seaven years , or shall let any to work in it , which is not a workman , or Iourney-man by the year , or hath served as an Apprentice 7. years , shall forfeit for every month 40. s . 5 El. 4. & P. 20. 14. If any disagreement shall be between a Master and his Apprentice , which cannot be reconciled by a Iustice of the peace , &c. for want of conformity in the said Master : then the said Iustice shall take bond of the Master to appear at the next Sessions , and upon his appearance and hearing of the matter , the Iustices there , or four of them at the least , where of one to be of the quorum , may discharge the said Apprentice by writing uuder their hands and seals , or punish him , as by their discretions shal be thought meet , 5. El. 4. & P. 25. An Apprentice cannot be discharged , unless by writing . How and by whom any money given to any Town , for binding out Apprentices , shall be imployed , see 〈◊〉 Iac. 3. Servants departing into another shire , vide P. ●8 . Labourers or Workmen conspiring for the order of their work , see Artificers . Larceny & petty Larceny . WHosoever shall feloniously take the Goods of another exceeding the value of i2 . d. removed from the body or person , it is Larceny , a 〈…〉 and punishable by death , except he be saved by his book . But if the thing stolne be under the value of i2 . d. it is petty Larceny , and not punishable by death , but he shall forfeit his goods and chattels . Leather , Tanner , Currier . SEE i Iac. 2. and P. 4. A Tanner shall not use any other Trade , cutting or working Leather , simul & semul upon paine to forfeit the hides and skins , i Iac. 22. Poulton 5. See i Iac. 22. & P. 9. 3. VTho may buy rough hides or Calves skins , or tanned Leather not wrought , ibidem & P. 6. & 8. 4. If a Tanner shall raise his hides , with any mixtures contrary to the Statute , he shal forfeit the same hides i Iac. & P. i0 . 5. VVhosoever shall put to sale , or depart with any untanned Leather red and unwrought , but in open Faire or Market in the place thereof prepared , unlesse it hath been fyrst lawfully searched , and sealed according to the Stat. or shall offer to put to sale any Leather before it be searched and sealed according to the Stat. shall forfeit for every Hide or peece of Leather 6. s . 8. d. and for every dozen of Calves skins or sheep skins 3. s . 4. d. and the Hides or Skins , or the the value of them , i Iac. 22. & P. ii . 6. Shall be forfeited ibid and Poulton . 7. VVhosoever shall set his Fat 's in Tanne-hills or other places where the woozes or leather put therein shall or may take any unkind heare , or shall take and put any leather into any hot or warm woozes , shall forfeite for every offence ten pound , & stand on the pillory three Market days , ibid. & P. 13. and 45. 8. If any Currier shall curry any Leather , contrary to the Stat. 1 Iac. 22. or shal spoile or hurt anie Leather , by scalding , shaving , or gashing it , hee shall lose for each skin marred a Noble , ( except gashing ) and for gashing double so much as the Leather is impared ; 1 Iac. 22. & Poulton 17. & 45. 9. No Currier shall bee a Tanner , Cordwainer , Shoomaker , Butcher , or other Artificer , cutting Leather , simul & semel , upon paine to forfeit three shillings eight pence for every skin , 1 I●● . 22. and P. 20. 10. If a Currier shall refuse to curry within eight dayes in Summer , and sixteeen in winter , any Leather brought to him by any cutter of Leather , or his Servant , bringing with him good scull for liquoring the same , hee shall forfeit for every hide 10 s. 1 Iac. 22. & Poulton 21. 11. If a Lord of a Fair or Market shall not yeerly appoint and sweare Searchers , Sealers , Triers of Leather , according to the Stat. hee shall forfeit for every default five pound , and if the persons so elected and appointed shall not forthwith do their duties , they shall also forfeit five pound for every default 1 Iac. 22. & P. 22. vide Poulton 26. 12. If any Searcher or Sealer of Leather , shall refuse with speed to seale good Leather , he shall forfeit for every offence 40. s. Or if he shall take any bribe , or exact any undue fees , he shall forfeit for every offence 20. pound , or if he shall refuse to execute the said office , he shal forfeit 10. l. 1 Iac. 22. & P. 31. 13. Whosoever shall deny or withstand any such Searchers , he shal forfeit for every time , 5. l. ibid. and P. 36. 14. Whosoever shal put away any tanned Leather red and unwrought , without registring the same , and the price , shal forfeit the value of the Leather ; 1 Iac. 22. & P. 36. 15. Whosoever shall buy any tanned Leather , before it be searched and sealed , or carry it out of any Market , or Fair , before it be registred , shall forfeit the Leather , or the value , 1 Iac. 22. & P. 37. 16. If any Shoomaker shall make any Boots , Shooes , &c. contrary to the Statute : Or shall shew , to the intent , to put to sale any Shooes , Boots , &c. upon the Sunday , shall forfeit for every pair 3 s. 4 d. and the true value of the same , 1 Iac. 22. and P. 23. See 1 Iac. 22 & P. 41 , & 45. Forfeited Leather shall not be sold to him that will sell it , ibid. & Poulton 42. Liveries and Retainers . IF any person by himself or other for him shall give any Livery of Signe or Company , or Badg , or retain any man other then his houshould , servant , Officer , or learned man in the Law , he shall lose 5. l. and the retained as much for every month that he is so retained , 8 Ed. 4. 2. & P. 5. Mayme . WHosoever shall mayme another of any Member , whereby he is less able to fyght , as by putting out his eye , striking off his hand , finger , or foot , beating out his fore-teeth , or breaking his scull , shall be grievously fyned , Lamb. 429. Maintenance , Champerty . Embracery . SEE Riots . See P. forcible entry 6. 2. VVhosoever shal unlawsully maintaine , or cause , or procure any unlawful Maintenance in any Action , Suit , Demand , or Complaint in any of the Kings Courts , &c. or shall unlawfully 〈…〉 eraine for Maintenance of any Suit or 〈…〉 lea , any person or persons , or im 〈…〉 race any Freeholders or Iurors , or 〈…〉 born any witness by letters or otherwise , for to maintaine any matter or cause , to the disturbance or hindrance of Iustice , or to the procurement or occasion of any manner of perjury by false verdict , &c. shall forfeit for every offence 10. s . 32. H. 8. 9. & P. 4. But note that the Suite must then be Commenced within a yeare after the offence . 3. Champertor is he which moveth 〈…〉 pleas and suits , or causeth or procureth them to be moved at his own Costs , to the end to have part of the Land , or other thin in variance , and he that thereof attainted , shall bee three yee imprisoned , and further punished at the Kings pleasure , 33 Ed. 1. & P. 5. 4. Embracer is he which cometh● the Bar with the party , and speak 〈…〉 in the matter , and is there to sur 〈…〉 the Jury . P. And he shall be punish 〈…〉 as a Juror , which taketh reward to g 〈…〉 his verdict . See Jurors , and P. Jurors , 56. Man-Slaughter , & Murder Manslaughter may be By Chance-medley , or by misadventure . Chancemedley , is when men m 〈…〉 by meer Chance , and upon some unlooked for occasion , without any former malice , and one of them is slaine Se Defendendo is when one killeth another in the necessity of his owne defence , and cannot otherwise escape with his life from him . But then hee must fly so far as he may , and till he b 〈…〉 letten by some wall , hedge , ditch , pre 〈…〉 of people , or other impediment , wh 〈…〉 notwithstanding shall bee committed till the time of his tryal , and shall lose his goods , and seek his pardon . Note the case of Darnel and Brouser , at Hertford Assizes , 1619. Misadventure is when a man is doing of a lawful act without evil intent , and another man is slaine unawares thereby : As if a Labourer do work with an Ax , and in fetching of his blow , the head of the Ax flyeth off , and killeth one standing by , &c. Note , that hee which is acquitted of Murther , or Manslaughter at the Kings suit , must be remitted to prison , or let to mainprize , till the yeer and day be passed , and the party grieved may in the mean time commence his Appeale , 3 H. 7. 1. & P. 4. Murder shall bee intended of them which bee feloniously slaine , and not where an act is done by misfortune . Marlb . 52 H. 3. 26 & P. 6. Whosoever shall commit any wilfull murder , or wilful poysoning of malice prepensed , shall suffer death , and not have Clergie , 1 Ed. 6. 12. & P. 5. In case of poysoning , the party must dye thereof within a yeer and a day after , Dolton 213. Whosoever shall stab or thrust another that hath not then any weapon drawne , nor first strucken , the party so stabbing , or thrusting , so as the party stabbed or thrust do die there of within six months after , shall suffer death , and not have Clergy , i Iac. 8 , and P. 7. Malt. HOw long Malt ought to be in the Fat-floore , steeping and drying , And whosoever shall do conrrary thereto , and be thereof convivcted by the presentment of i2 . men , or two sufficient witnesses , shall forfeit for every quarter 2. s . 2 Ed. 6. i0 . & P. i. Such as mingle good Malt with bad to sell , shall forfe it to the King and In. for every quarter so put to sale 2. s . El 6. i0 . & P. 2. VVhosoever shall put to sale any . Malt not being well trodden , fyrst rubbed and fanned , shall forfeit for every quarter 20. d. 2. Ed. 6. i0 . & P. 5. Malt made for a mans owne provision is excepted out of this Statute , ibid. & . P. 5. And all offenders against this Statute must be sued or presented within one yeare after the offence , ibidem , & P. 5. VVhosoever shall be Lawfully discharged and suppressed , touching his making of Malt , and will not accordingly forbeare , shall be three dayes imprisoned , and before his enlargment become bound in 40. l. to obey such suppressing , 39 Eliz. i6 . & P. 6. Milch-Kine WHosoever shall feed above a i20 . shorne sheepe for the most part of the yeare upon his grounds which be severali and for Milch-Kine , and shall not for every 60. Sheep keep one Milch-Cow , and moreover for every sixcore Sheep yearly reare one Calfe during the time of keeping such Sheepe , shall forfeite to the King and Informer for every Cowe not kept , for every Moneth 20. s . and as much for every Calfe not reared , 1 , & 3. P. & M. 3. & Poulton Cattle 3. VVhosoever 〈…〉 al feed upon his severall pasture above 20. Oxen , Rounts , Steers , Scrubbes , Heisters , Kine , and shall not for every i0 . beasts keep one Milch-Cow , and for every two Kine weane and reare up yeerly one Calfe , ( except it die ) shall forfeit ut antea . Provided that no person shall bee compelled to keep any Kine , or reare any Calfe for such sheep , or other Beasts , which he keepeth or feedeth to be spent in his house ; 2 & 3 P. & M. 3. 13. El. 25. & P. Cattles 4. Mortuary . IF any spirituall person , or any for him shall take Mortuary ( corps present ) or any thing for the same in any place where the same was not used to be given : or shall take in place where Mortuaries are used , any thing for Mortuary , where the goods of the dead are under ten Marks , or more then 3 s. 4. d. where the goods shal be of the value of ten marks , and under 30 l. or above 6 s. 8. d. where the goods shal be under 40 l. or above ten shillings , where the goods shall be above 40 l. he shall forfeit so much as he shall take over , and lose 40 s. to the party grieved . 21 H. 8. 6. & P. 1. 3. 7. Masons . TO cause Mason's to congregate themselves Chapmiers , is felony : And the Masons which come to such Chapiters and Congregation , shall be punished by imprisonment of their body , and make fine and ransome at the Kings pleasure , 3 H. 6. 1. & P. 1. Matrimony , and Bigamy IF any person being married , shall marry any other , the former husband or wife , ( being other then such person , whose husband or wife hath remained beyond the Seas 7. years together , or hath absented him or her selfe one from the other 7. years together within the kings time , the one not knowing the other to be living , or that was before lawfully divorced , or whose former Marriage was void by Law , &c. ) every such offence shal be Felony , 1 lac . 11. & P. 8. 9. But he shall be allowed Clergy . P. Clergy 17. Ordinary : IF any Ordinary or his Scribe 〈◊〉 ster , &c. shall take greater Fees that are allowed by the Sta 〈…〉 te , 21 〈…〉 for the probat of a Testament , or Letters of Administration , he shall forfeet for every offence ten pound to the King and party grieved . And moreover to the party grieved so much as he shall take contrary to this Act , 21 H 8. 5. & P. Probate of Testaments , &c. 1 , 2 : 3. 12. Parliament : WHo shall be a knight of the Parliament , with the 〈◊〉 of their election , See Poulton 4. & 9. The order of levying and paying of the wages of the Knights of the Parliament , see P. 12. & Just . of P. 52. Perjury . AGainst such as do procure wilful Perjury , see the Stat. 5. El. 9. & Poulton 1. & 6 Iust . of Peace , 23. Petty Treason . IF a Servant kill his Master or Mistris , or a Wife her Husband , or any Ecclesiasticall person his Prelate , it is petty Treason , and this manner of Treason doth give the forfeit of the Escheats to every Lord of his owne proper Fee , 2 , Ed. 3. 2. and P. Trea 〈◊〉 7. Pewter or Brass . IF any Pewterer or Brasier shall sell or exchange any Brass or Pewter 〈◊〉 onely in open Faire or Market , or in his house , unless he be desired by the buyer , he shall lose 10. l. for every default . Or if he work any hollow w 〈…〉 of Lay Mettal , which is not according to the Assize of Lay Mettall wrought in London , or set not his Seal or M 〈…〉 upon the said Ware , he shall lose the value of the Ware , 19 H. 7. 6. 4 H. l. 7. P. 13. & 5. & Iust . of P. 26. Plague . IF any person infected with the plague and commanded to keep house , shall ( notwithstanding wilfully and contemptuously ) , go abroad and converse in company , having any infectious sore upon him uncured , he shall be adjudged a Felon , and suffer death , but if such person shall not have such sore found about him , then to be puniched as a Vagabond according to the Stat. ●9 El. 5. & further to be bound to his good behaviour for a whole year , 1 Iac. ●1 . and P. 2. Playes and Games , VVHosoever shall by himself or any other , for his gain or living keepe , or maintain any common house , Alley , or place of playing at Bowles , Coytes , Closh , Cayles , Tennice , Dice , Cards , Tables , Shove-groat , Foot-bail , or casting of the stone , or any other unlawful play or game , shal forfeit for every day 40. s. And every person using and haunting such house or place , and there playing , shal forfeit for every time 6. s. 8. d. 33 H. 9. and P. i. 5. 2. If any Artificer of any occupation or any Husbandman , Apprentice , Labourer , Servant at Husbandry , Iourney-man , or any Servant of Artificer , or any Marriner , Fisher-man , Waterman , and Serving-man ( other then of a Nobleman , or of him that may dispend 100. l. per An. playing within the precincts of his masters house ) shall play out of Christmas at any of the unlawful Games , or in Christmas out of his Masters house or presence , he shall forfeit for every time 20. s . 33 H. 8. 9. & P. 3 & 5. Who shall have the forfeiture , ibidem & P. 7. and actions popular 1. All Actions &c. upon this Stat. must be commenced within a yeer after the offence , 33 H. 8. 9. and P. 7. Players abusing the Name of God , forfeit 10 : l. for every offence , 3 Iac. 21. and P. 6. Poore People 1. VVHo shall be Overseers of the poore of every parish , and when , and by whom to be chosen , together with the duty of such Overseers , see 43. El. 2. and Poult . 1. 2. If any parish shall not be able to elieve their poore , then two or more Justices of the peace , whereof one to be of the Quorum , dwelling in , or neere the same parish , or Division where such parish is , shall , and may tax any other of other parishes , or out of any parish within the same hundred , to pay such sum and sums as they shall think fit , according to the intent of the Law. And if the hundred be not able , then the Justices of the peace , or greater number of them , may at their several quarter Sessions , Rate any other of the parishes thereunto , as they shall think fit , 43 El. 2. and P. 3. 3. Whosoever shall refuse to contribute according as they be assessed , shall be distrained by Warrant from any two such Justices , and in default of distress shall be committed to the common-Goale without bayle , til they pay the same , and the arrearages , 43 El. 2. and P. 4. 4. Such poore as will not work , being thereunto a ppointed by the Church wardens and Overseers , may be sent to the house of Correction by one , or more Justices of the peace , 43 El. 2. and P. 4. 5. The greater part of the Justices at their generall quarter Sessions may by the agreement of the Lord of any wast or common , set up habitations there for the poore , and place Tenements in the same , 43 El. 2. and P. 6. 6. Whosoever shall find themselves grieved with any Selle or Tax , or other thing done upon the said Statute 43 El. 2. The greater part of the Iustices at their general quarter Sessions shal take such order therein , as to them shal be thought convenient , which shal conclude and bind all parties , 43 El. 2. & P. 7. 7. If the Father , Grand-father , mother , Grand-mother and Children , being of a sufficient ability , shall not relieve their poore and impotent Parents and Children , in such manner as they shall be assessed by the greater part of the Justices at their general quarter sessions , every of them failing therein , shal forfeit for every month 20. s . 43 El. 2. & P. 8. 8. If a Parish lie within two Counties , or part within a liberty , and part without , the Iustices shal deale and intermeddle only with so much of the said Parish as lyeth within their limits , concerning the nomination of Over-seers , &c. 43 El. 2. & P. 10. 9. If the Iustices of peace within their divisions shall not nominate Overseers of the poore in every parish according to the Law , every of them making default , shal forfeit for every such default 5. l. 43 El. 2. & P. ii . which shall be to the use of the poore of the same pirish , and be levyed by warrant from the generall Sessions , ibid. 10. How the forfeitures menmentioned shall be levyed and imployed , see 43 El. 2. & P. 12. 11. The Iustices of Peace , or the more part of them at their generall quarter Sessions next after Easter shall rate every parish to a weekly sum , not above six pence , nor under a halfe penny , nor the total sum of such taxation on the Parish , to be above the rate of two pence for every parish in the County , for reliefe of the Prisoners in the Kings Bench ; Marshalsey , Hospitals and Alms houses in the County , and shall also rate the sums to be sent to every of these places , and elect a Treasurer for that purpose , and punish him that refuseth , 43 El. 2. & P. 13 , 14 , & 16. If any able person threaten to run away , and leave their families behind upon the parish they shall be punished as Vagabonds , 7 Iac. 4. see Vagabonde . Preachers and Ministers of the Church . 1. VVHosoever shall of p 〈…〉 pose malitiously and contemtuously , molest , or by any means hinder or misuse any Prea 〈…〉 lawfully authorised , in any his open Sermon , or Preaching in any Church or other place used and appointed , and his aiders procurers , and abettors shall be three months imprisoned , and further to the next quarter Sessions , and then , upon his reconciliation before them , shall be delivered out of prison upon sufficient bayle for his good behaviour to be taken by the said Justice for a whole year after , 1 M. 3. & P. 1. 2. Whosoever shall by any contemptuous words , or advisedly in any otherwise deprave , despise , or revile the blessed Sacrament of the body and blood of Christ , shall be imprisoned and fined at the Kings pieasure , 1 Ed. 6. 1. & 1. El. 1. & P. Sacrament 1. and Justices of peace 8. 3. If any Parson , Vicar , or other Minister , shall refuse to use the Common prayers , or to Minister the Sacraments according to the book of Commyn prayer , or wilfully standing in th● same , shal use any other , form in open● prayers , or in administration of the● Sacraments , or shall speak any thing in ●erogation● of the said booke , or any part thereof , and shall be thereof lawfully convicted , shal for the first 〈…〉 ence forfeit to the King the profit of his spiritual promotion for a year , and be six monthes imprisoned without . Bayle : and for the second offence be ( ipso fa●●o ) deprived of such promotion , and be imprisoned a year ; and for the third offence to be ( ipso facto ) deprived of such promotion , & be imprisoned during his life . But if he have no such promotion , then for the first offence he shal be imprisoned a yeare without bayle , and for the second offence during his life , 1 El. 2 & P. Sacrament 2. & 3. 4. Whosoever shall in any Play , Song , or ryme , or by any open Word speak in derogation of the said Booke , or of any thing therein contained , or shall cause or maintaine any Parson , Vicar , or Minister to say any Common prayer , or to minister any Sacrament in other manner then after the said book or shall interrupt any Parson , Vicar , or ministers to say any open prayers , or to administer any Sacrament , according to the said booke , and shall be thereof lawfully convicted , shall forfeit to the King for the first offence 100. Marks , to be payed within six weekes , and in default of such payment to be impriso●ed six months without bayle , and for the second offence 100 Marks to be payed within the said term , or to suffer imprisonment twelve monthes without bayle : and for the third offence all his goods and chattles , and be imprisoned during his life , 〈◊〉 El. 2. P. Sacrament 4. Such offenders shal ' be indicted at the next generall Sessions after the offence committed , ibid & Poult●n 6 , 7. Also , if such offenders shall be punished by the Ordinary , and have a Testimonial thereof under his Seale they shall not be estsoons punished by the Iustices . Ibidem and Poulton 6. 7. Whosoever shall say or sing Mass and be thereof lawfully convicted , shal forfeit 200. Marks , and be imprisoned a year , and from thence til he pay the said forfeiture , and whosoever shal willingly hear mass , shal forfeit ●00 . marks and a years imprisonment , 23 El. 1. & P. Sacrament 11. If any person , Vicar , &c. shall grant a Licence for eating Flesh to any person , other than such as plainly appear to have need thereof , such licence shall be void , and such Parson or Vicar shall forfeit for every such License otherwise granted five markes , 5 El. 5. 〈◊〉 P. Fish dayes 3. If any Parson , Vicar , or ●urat shall ●ake above 4. d. for entring into the church book the Licence of a sick person to eat flesh upon fish dayes , it is ex●ortion , 5 El. 5. & P. Fish dayes 3. If any parson , &c. shall take above two pence for Registring a Testimonial , ●f any Servant departing from one place to another , it is extortion , 5 El. 4. & P. Labourers 7. If the minister of every parish shal not keepe a Register-booke and there 〈…〉 enter the substance of every Testimonial made for Rogues whipped within his parish , he shal forfeit for every default 5. 〈◊〉 . 39 , El 4 and P. Vagabonds 3. The duty of parsons , &c. in binding o●● Apprentices , and in imploying of the money given to such uses , 7 Iac. 3 Prison and prisoners . 1. IF any keeper of prison , or under-keeper shal by dares or pain compel any his prisoners to become an approver against his will , he shal be adjudged a Felon , 3 Ed. 3. 10. & P. 2. 2. Whosoever having authority of keeping of Goale ; or of prisoners for felony shall certifie the names of every prisoner in his keeping , and of every person to him committed for any such causes at the next generall Goale delivery in every County or Franchise where any such Goale is , upon paine to forfeite to the King for every default , 5 l. 3 H. 7 3. & P. 3. 3. The most part of the Iustices of peace of every shire may at their generall quarter Sessions rare and tax every parish within the said shire at such reasonable summes of money for and towards the reliefe of prisoners in the common Goal of the County aforesaid , as they shall think convenient by their diferotions , so that the said 〈…〉 tion do not exceed above six pence ; 〈◊〉 eight pence by the week out of cr 〈…〉 parish , 14 El. 5. & P. 4. Reliefe of Prisoners in the Ma 〈…〉 sey and Kings Bench , vide P. 〈◊〉 11. 4. Breaking of prison by one being in there for felony , or by any under Arrest for Felony , as well with 〈…〉 prison as within is Felony , 1. Ed. 2. l P. 5. 5. If any Sheriffe or Bal 〈…〉 〈◊〉 willingly suffer any Prisoner for Fe 〈…〉 ny to escape , or if any shall rescue s 〈…〉 a Prisoner it is Felony , vide D 〈…〉 fol. 238 , 239. 6. A Prisoner shall be conveyed 〈◊〉 the Goale at his owne charge , if he have ability , if not , the parish shall be charged , 3 lac . 10. & P. 7. & 8. A prisoners goods shall not be seised ill he be attained , P. Sheriffes 14. Removing of prisoners , see removing . 9. No Iustice nor Iustices shall let to bayle any persons forbidden to be hailed by the Stature 3 Edw. 1. upon paine to be fined by Iustices of Goale-delivery , 1. & 2. P. & M. p. Iustices of peace , 106 8. No prisoner which before was outlawed , nor he which hath abjured , nor any approver , nor he which is taken with the manner , nor he that hath broken prison , nor a Theefe openly defanied and known , nor he which is appealed by an approver , so long as the approver liveth , except he be of good fame , nor he which is taken for burning of a house feloniously , or for false money , or for counterfeiting the Kings Seale , nor any excommunicate person taken at the bishops request , nor hee which is taken for a manifest offence , or for treason touching the King , 3 Edw. 1. 15. nor he which shall confess a Felony or Manslaughter before the Iustice upon his examination , vide Dalt . fol. 285. where bayle is taken away by particular statutes for misdemeanors . 9. Such as be indicted of Larceny by Enquests taken before Sheriffes of bayliftes by their office , or of light suspition , or for petty Larceny , that amounteth not to the value of 12. d. if they were not guilty of some Larceny before , or guilty of some receiving Felons or Theeves , or of commandment or force , or of aide in Felonies done , or guilty of some other trespasse , for which one ought not to lose life or member , and a man appealed of an approver , if he be no common Theefe nor defamed , shal be let to bayle by sufficient sureties s . Ed : 1. 15. & P. mainprise , 2. It seemeth also by Dalton , that persons taken upon suspition of burglary , Robbery , or Theft , if they be not of evil Fame : and also Accessaries may be let to bayle , vide Dalton ; sol . 274. 10. Whosoever shal with-hold prisoners baileable , after they have offered sufficient baile , shall pay a grievous sine to the King ; and whosoever shall take reward for the deliverance of such shal pay double to the prisoner , and be amarced as aforesaid , VV. 1. 3 Ed : 1. 5. & P. mainprise 6. One Iustice of the peace may baile a prisoner , if it be not in case of felony , or the like , or except some particular Stat. shal otherwise prescribe , Dalt . fol. 33. No person for manslaughter or felony , or suspition of either being baile able by Law , shal be let to baile or mainprise by any Iustice of the peace , if it be not in open sessions ; except it be by two Iustices of the peace at the least present together at the same time of bailement , whereof one to be of the quorum , who before such prisoner be bailed , shall also take the examination of the prisoner , and information of them that bring him , of the fact , and circumstances thereof in writing , which together with the bailement they shal certifie under their hands at the next Gole deliverie , upon paine to be fined for every offence by the Iustices of Goale delivery . i & 2. P. & M. 13. & P. Iust . 106. Purveyors 1. PUrveyors shall agree for the things they take ; and shal shew their Commission , upon pain to lose their offices , 28 Ed. 1. 2. & . P. i. 2. If any Purveyor shall take any thing of any ma 〈…〉 〈◊〉 〈◊〉 to spare him , and he therefore attained at the partied suite , hee shall yeeld up to the party grieved treble damages , and be two years imprisoned , 36 Ed. 3. 3. & P. 14. 3. If any Purveyor shal take corn by any other measure than by the striked bushel , or by any other than eight such bushels to the quarter , or shall take carriage thereof without making ready payment , he shall forfuite to the party grieved , and be one yeare imprisoned , 22 Edw. 3. 14. and 〈◊〉 16. 4. If any Purveyor of the King shall take any thing of the value of forty shillings or under , without ready payment , he shall pay the value to the party grieved , and lose his office , 2. H. 4. 14. & P. 22. 5. If any Purveyors of Timber shall sel for the Kings use any Oaken Timber tree meet to be Barked , but onely in barking time , other than Trees for building or repairing the kings houses or ships , or shall take any profit by the lops , tops , or Barke of any Trees taken by him , or shall take from the owner any more of any tree then onely the timber of the same Tree , shee shall forfeit for each &c. to the party grieved 4● . 〈◊〉 . 1 Iac. 22. & P. Leather , 24. 6. Purveyor sshall not fell trees growing about a mans house , upon paine to forfeit to the party treble damages , be imprisoned a yeare , and lose his office , 25 Ed. 6. & P. 8. To make Purveyance without warrant 28 Ed. 1. 2. 20. R. 2. 5. & P. 9. To take more Sheep before share time then be sufficient , 25. Ed. 3. 15. & P. 9. To make purveyance without lawful apraisement , 5 Ed. 3. 2. & P. 17. To take more than they deliver to the Kings house , 36 Ed. 3. 4. and P. 18. To take Purveyance in other manner than is comprised in the Commission , 36 Ed. 3● 2. & P. 19. Note that the Iustices of the Peace shall deliver the Dockers of purveyors to them delivered according to the Stat. 2 , & . 3. P. & M. 6. & P. 28. No subjects Charter shall take any thing against the owners will upon paine of imprisonment , 23 H. 6. 14. & P. 1. Rape . 1. IF any shal Ravish a Maid , Widdow or , VVise above ten yeares of age against her wil , though she consent after , it is felony , 13 Ed. 1. 34. & P. 1. 2. If any shall carnally know and abuse a woman child under ten years of age , though she consent before , it is also Felony and without Clergy , is El. 6. & . P. 2. 3. If any shall take a Maid , VViddow , or VVife , having lands or goods , or being heite apparent to any , against her will unlawfully , other than is VVard or Bondman , it is felony both in him , and the procurers , Abettors and Receivers knowing the same . 3. Hen. 7. i. & Poulton , VVomen 12. Recusants , Iesuites . 1. WHosoever shall willingly receive , relieve , comfort , aid or maintain any Iesuite , Seminary Priest , knowing him to be so , shal be adjudged a felon , and not have Clergy , 27 El. 2. and P. Iesuits 3. 2. VVhosoever shal conceale his knowledg of them , and shal not within it . dayes after such knowledg discover the same to some Iustice of peace , or other high officer , shall be fined and imprisonned at the Kings pleasure . And it such Iustice or other such Officers , shall not within 28. dayes after give information thereof to some of the kings privy Councel , he shal forfeit ●00 . marks , 27. El. 2. and p. 10. 3. VVhosoever shall willingly retaine and harbour any person not repairing to some Church , Chappell or usual place of Common prayer , to hear divine service , by the space of a month together , not having a reasonable excuse , other then his Father or mother , not having other sufficient maintenance , or the ward of any such person , or any person committed to the custody of any by authority , or shall retaine , or keep in service , fee , or livery , any not repairing to som church , &c. by the space of a month together shal forfeit for every month 10. l. 3 Iac , 4. & P. 51. 4. Whosoever shall keep or maintain any Schoolmaster which resorteth not to the Church , nor is allowed by the bishop or Ordinary of the Diocess , he shall forfeit for every month so keeping him 10. 〈◊〉 And such Schoolmaster shall be imprisoned for a year 〈…〉 without baile , and be disabled , &c. 23 El. 〈◊〉 . & P. 2. 5. A Recusant not conforming himself , shall abjure the Realm , and the Iustices before whom such abjunation is made shal presently record the same and certifie it to the Iustices of Assize at the next Assizes after , 35. Eliz. i. 〈◊〉 B. i9 . The penalty for a conformed Recusant which shal not receive the Sacrament , &c. 3. Iac. 4. & P. 40. Popish Reliques shall be defaced at the general Sessions of the peace , 3 Iac. 5. & P. 74. The penalty of such as come not to Church every Sunday and Holyday , see Church 3. & P. 50. Felony in Recusants , see Poultes i9 . 3. Removing prisoners or Records . ALL Writs of Habeas Corpus , or Certiorari , to remove any Record or any Prisoner out of any Goale , must be signed with a Iustices hand of the same Court , i. & 2. P. & M. i3 . and Poult . i. Rescues . Whosoever shal disturb or hinder by Rescues or otherwise the execution of the Statute of Rogues , or of the poor , shall forfeit for every offence 5. l. and be Bound to the good behaviour , 39 El. 4. & P. Vagabonds 5. To Rescue one for Felony is Felony Dalt . fol. 238 , and 239. Restitution . 1. IF any Felon of goods , money , or chattels taken from any of the kings subjects , shall be indicted , arraigned , and found guilty thereof , or otherwise attainted , by reason of evidence given by the party robbed , or the owner of the said goods , mony or chattels , or by any other by their procurement , then shall such party or owner be restored thereunto , and the Iustices before whom such finding guilty is , shal have power to award writs of restitution thereof , zi H. 8. ii . P. & i. vide plus Dalton , i85 . 2. If a man pursue and take a Felon that hath stolne his goods , and then taketh his goods again , and suffereth the Theefe to escape , he is no accessory for he may in initio agere civiliter or 〈…〉 minaliter at his pleasure ; tamen quaert . But if he took his goods againe to favour the Felon , it is Theft , but quaere if it be not Felony et vide Terms of the Law , fol. i8 4. If upon Huy and Crie a man do arrest a Theefe that hath stoln another mans goods , and from the said Felon do take the good , and so let him goe , this maketh him an accessary , if not principall , Dalt . 253. Receiving or buying stolne goods . TO receive or buy stolne goods knowing they were stoln , maketh not an accessary , unless he receive or aide the Felon himself , quaere & vide Dalt . ibid. If a stranger buy such goods for a valuable consideration it is less dangerous , ibid. Riots , Routs , and unlawful Assemblies . THe Justices of peace which dwel neerest in every County where riot shal be ; together with the Sheriffs or under sheriffs of the same County shall do execution of the Statute of Riots , within a month after every one , upon pain of 100. l. 13. H. 4. 7. & P. 2. & 5. Note that the King shall bear their costs sustained in the execution thereof , 2. H. 6. 8. & P. 10. In Riots , Routs , and unlawfull Assemblies these circumstances are to be considered , viz. 1. The number of the persons assembled . 2. The intent and purpose of their meeting . 3. The lawfulness or unlawfulness of the act . 4. The manner or circumstance of doing it , To make a Riot , Rout , or unlawful Assembly , three persons at the least must be gathered together . If three or more shall come or assemble themselves together , to the intent to any unlawful act with force or violence against the person of another , his possessions or goods ( although they after depart of their own accord without doing any , yet that is unlawfull Assembly . If after their first meeting they shall ride , go , or move forwards towards the execution of any such Act , this is a Rout. And if they do execute any such thing indeed , then it is a Riot . 2 : If any Riot , Rout , or unlawfull Assembly be made , three or two Justices of the Peace at the least , and the Sheriff , or Undersheriffe , shall arrest the offenders , and record that which they shall finde done in their presence against the Law , and such offenders shall be convicted by the Record , in manner and form as it is contained in the Stat. of forcible Entries , 17 R. 2. 〈◊〉 ▪ 13. H. 4. 7. & P. See forcible Entries 2. 3. If such offenders be departed before the comming of the said Justices and Sheriff , they shall diligently enquire within a month after , and the same shal hear and determin according to the Law. And if the truth cannot be found , then within a month next after they shall certifie before the King and his Councel ; of the whole fact and circumstances thereof , 13. H. 4. 7. & P. 2. & 3. Note also that if the offenders shall traverse the matter so certified , the same Certificate and Traverse shal be sent into the Kings-bench to be tryed , ibidem . 4. Rioters attainted of great and heynous Riots , shall have one years imprisonment , as the king and his councel shall think good , 2 H. 5. 8. and P. 10. 5. Each man being able to travel shal help to repress riots , upon paino of imprisonment and fine , 2 H. 5. 8. & P. 12. 6. The sheriffe having a precept directed to him , shall return twenty four persons dwelling in the Shire where the Riots &c. shall be committed , whereof every of them shal have Land and Tenements , within the said shire , to the yearly value of 20. s . of Charter land of freehold , or 26. s . 8. d. o● Copyhold , or of both above all charges , to enquire of the said riot , &c. and shall return upon every of them in is●●res at the first day 20. s . at the second day 4 〈…〉 under the pain of 20 ▪ 〈◊〉 9. H. 7 , 13. & P. 14. 7. If by reason of Maintenance or Embracery of Jurors , a Riot , &c. is not found , the Justices and Sheriff besides such certificate that they be hound to make according to the said Statute 13 H. 4. shall in the same certificate certifie the names of the Maintainers & Embracers , with their misdemeanours , upon pain to forfeit 20. l. and imprisoned at the discretion of the Justices , 19 H. 7. 13. & P. 15. 8. If any persons above the number of two , and under twelve , being assembled , shal intend unlawfully with force to murder or slay any wan , or to cut , or cast down any inclosure or banks of any fish ponds , or to do any the deeds mentioned in the Statute hereafter named , and shall not depart upon proclamation , but shall attempt to do any of these things , they shall be imprisoned a year without bayle , and pay treble damages and costs to the party grieved , 1 M. 12. 1 Eliz. 16. & Poulton 20. 9. If any person being moved to make commotion , or infurrection , or rebellious assembly , shall not within twenty four hours after , disclose the same to a Justice of peace , or to a Sheriffe ; or if any person shall stir or proeure any other to make such assembly , he shall be three monthes imprisoned without bayle , unless he shall be discharged by three Justices of the peace , whereof one to be of the quorum of the same shire where the offence shall be commited , 1 M. 12. 1 Eliz. 10. & P. 24. 30. 10. The raising of unlawfull assemblies to the number of twelve or forty , and not to depart within an hour , being commanded by proclamation , and also the relieving of any such persons is felony , i M. i2 . 1 Eliz. i6 . & P. 17 , i8 , 19. 28. 31. Robbery , Theft . THeft is the taking away of another mansgoods , with an intent to steal them against the wil of the owner , and is of two sorts , Robbery and Larceny , Dalt . fol. 226. Robbery is the felonious taking of any thing from the person of another , or in his presence against his will , and putting in fear thereby , and for which the offender shal suffer death without Clergy , Dalton . fol. 227. 3. Robbers in or near the highway shal not have Clergy , how much , or how little soever they take away , 1. Ed. 6. 2. & P. Clergy , 131. Nor he which robbeth any house by day , or night , any person being in the same , or thereby put in fear ; nor he which robbeth any person at any part of his dwelling , the owner , his wife , children or servants sleeping or waking within the precinct thereof . Nor he which robbeth a Tent or Booth , in fair or Market , the owner , his wife , children , or servants being within the same Nor he which robbeth any dwelling house or out-house thereto used , in the day time ( though no person were therein ) of the value of five shillings , or above . Nor he which doth feloniously take goods out of any Church or Chappell , see P. Clergy 13. Rome . AGainst such as maintain the Authority of the Bishop of ROME , see 5 El. 1. & P. 1. 2. Against such as give or take absolution by any Bulls from ROME , or shall obtain or get from the said bishop any manner of bull , writing , or other instrument , or shal bring into this Realm any tokens or things called by the name of Agnus Dei , or any Crosses , Pictures , Beads , &c. and their ayders , see 13. El. 2. & P. 2 , 3 , 4 , & 5. 3 : Against such as withdraw any from their obedience to the King , and their Ayders , see 32. El. 2. & Poulton . 7. & 8. 4. Against such as extol any forraign power , &c. see 1. El. 1. & 5 El. 1. & P. Crown 2 , 6 , 7 , 8. 5. Against such as depart out of the Realm to ferve any forraigne Prince , 3. Iac. 4. & Poult . Recusants 48. Sewers . 1. THe Just . of peace in their quarter Sessions may administer the oath to any Commissioner of Sewers according to the Stat. 23 H. 〈◊〉 . 5. & P. 3 , & 4. 2. Six Justices of the peace , two of them being of the quorum , may for a whole year after expiration of a Commission of Sewers execute the laws of the Commissioners of Sewers , unless that a new Commission of Sewers be published within the year , 13 El. 9 : & P. 16. Sheep . 1. VVHosoever shall bring , send , or receive into any ship or bottom any rams sheep or lambs being alive , to be conveyd out of the Kings Dominions , or procure the same , shal for the first offence forfe it all his goods for ever to the king and Informer , and be imprisoned one year without bayle , and then in some open Market , in the fulness of the Market on the Market day , have his left hand cut off , and the same to be nailed up in the open place of such Market : and for the second offence it is Felony , 8 El. 3. & P. 1 , & 2 , & Just . 15. 2. No person shall keep above 2000. sheep , reckoning after sixscore to the hundred , upon pain to forfeit for every sheep more 3. s . 4. d. to the king and informer , 25 H. 8. 13. & P. 3. & Just 15. Sheriffs . 1. IF a Sheriff or any of his Ministers which by force of the Green Wax do levy the kings debts , shall not shew to the party indebted the estreats sealed , and Tor the same which is paid whereby the debt is another time demanded of the same person , he shall pay to the party grieved his treble damages , and make fine to the King , 42. Ed. 〈◊〉 ▪ 9. & 〈◊〉 . Estreats 2. & Just . 88. 2. If any Estreats of Issues hath been gathered of any person , other then such as by vertue of the said Estreat was of right chargeable or charged therewith , the offender shal forfeit to the King five Marks , and as much to the party grieved , 27 El. 7. 39 El. 18. & P. Jurors 34. & Just . 99. 3. In every Estreats of Issues against a Juror his addition shall be put , Ibidem . 4. Justices appointed to oversee the Sheriffs Estreats , shall be named at the generall Sessions after the Feast of Saint Michael by the Custos Retulorum , or in his absence by the eldest of the Quorum . 11. H. 7. 5. & P. Sheriffs 18. & 20. 5. Sheriffes shall make no Estreats until two Justices have made the view of them , which estreats shall be indented , and the Justices have one part , 11 H. 7. 15. & P. 14. 18. 20. 6. Sheriffs must certifie the Indictments found in their turn or Law day to the Justices of Peace at the next Sessions of the Peace in the County , under the pain of 40. l. 1. of Edw. 4. 2. & P. 12. The Justices shall award Processe against those which be indicted in the Sheriffes Turne . Ibid. & Poulten 13. Extortion in Sheriffe , soe P. 5 , 6 , &c. Subsidie . IF any person that ought to be set to the Subsidy , shall by craft or covin escape tamation , and that be proved before two Justices of the peace of the County , he shall be charge d double so much as he ought to have been , and be further punished at the discretion of the said Justices , 7. Iac. 22. Swannes . IF any person ( or other ) to his use use shal have or possess any mark or game of Swans of his own , not having Freehold of five Marks per annum above all charges , any other subject having Lands of that value may seize the said Swans , as forfeited to the king and himself , 22 Ed. 4. 6. & P. 1. The penalty for taking or destroying Swans Eggs in their nest , see Pheasants &c. & P. Hawks 3. & 11 H. 7. i7 . Tile-makers . 1. IF tile-makers shal not dig and cast up their earth for Tile til after the first of November , or shal not stir and turn it til the first of Febr. following , or shal not work it before the first of March following , or shall not work and try it from stones , veins , and chalk , or shall make or put to sale any plain Tile under ten inches and a halfe in length , six inches and a quarter in the breadth , and halfe an inch and halfe a quarter in thickness with convenient deepness ; or any gutter tile under ten inches and a half in length , with a convenient thickness , breadth and deepness , they shall lose the double value to the buyer , and a fine to the king , that is to say , for every hundred of plain tiles , five shillings ; for every hundred of rough tile six shillings eight pence , and for every hundred of corner tiles two shillings , and after that rate for more or lesser , i7 Ed. 4. 4. & Poult . i , 2 , 3. 2. If the Searchers appointed for the oversight of the true making of Tile shal not do their effectuall diligence therein , shal lose for every default ten shillings ibidem , and Poulton 5. and Just . 97. Toll . 1. IF any Miller shall take excessive . Toll , or by heaped measure , he shal be grievously punished 3 Ed. i. & P. 2. Toll for Horses , see Faires . Tongues , Eyes . 1. TO cut out the Tongues , or put out the Eyes of any of the kings liege people , out of malice prepenced , is Felony . 5 Hen. 4 , 5. & P. 1. Transportation . 1. THe prohibition of transporting corn , is to be made by the most part of the Justices of peace at their quarter Sessions , 13 El. 13. & P. Corn 7. 2. Whosoever shall against proclamation , thereof made , transportor carry out of this Realm any Corn , Graine , or Mault , growing or made here ; of Beere , Butter , Cheese , or Wood , in any vessels , except to Barweck , or the Marches thereof , without sufficient authority , or any sea-fish , or Herring 〈…〉 not taken by a naturall borne Subject here ; or shall by any means convey , 〈◊〉 willingly consent to convey any of the said things to any vessel , being on the sea , or any place or haven of this Realm to be transported over sea , or into Scotland , without sufficient authority ; or if any person having licence to convey any of the said things , shal fraught or lade his vessel , or any part thereof , at any more places than one only , the owner of the vessel shall lose it , the owner of the victual shall lose the double value , and the Master and Marriners their goods , and have a years imprisonment , 1 & 2. Ph. & M. 5. 13. Eliz. 11. & 13 , & Poulton Corn 1. & Iust 27. 3. It is lawfull to transport Corn and Grain when the prizes be allowed reasonable until it be restrained again by the kings proclamation , 1 Iac. 25. & P. Corn 6 , 7 , 8. So may Beere be transported when Mault is not above sixteen shillings the quarter , 3. Jac. 11. & P. Corn 6. Traverse . 1. THe liberty of Traverse is commomonly restrained to indictment of Trespasses , Centempts , Riots , and other inferiour offences . 2. To Traverse an Indictment , is to take Issue upon the chiefe matter thereof , which is none other to say , than to make contradiction , or to deny the point of the Indictment ; As in a presentment against A. for a Highway overflowing with water for default of scouring a ditch , which he and they whose Estate he hath in certain land there , have used to scoure and cleanse A. may traverse either the matter , viz. that there is no Highway there , or that the ditch is sufficiently scoured , or otherwise he may traverse the cause , viz. that he hath not the Land , &c , or that he or they whose estate , &c. have not used to scoure the ditch , &c , Treason . 1. HIgh Treason called in Law Crimenlesae Majestatis , is a grievous offence done or attempted against the State Royall , viz. against the King in his person , the Queen his Wife , his Children , Realm ; or authority , &c : See more P. 1. &c. & Dalt . fol. 198. Such offender shall be hanged cut down alive , and quartered , and shal forfeit all his lands and goods to the king , yea his entayled lands , and his wife shal lose her dower , & his blood shal be corrupted , saving in certain cases , vid. Dalt . fol. 205. In case of Premunire the offender shal forfeit all his Lands in fee for ever , and all his goods and chattels to the king , but his lands whereof he hath an estate he shall forfeit only during his life , and shal be imprisoned during his life , ibid. Misprison is properly when one knoweth that another hath committed Treasons or Felonie , but was not consenting thereto , and conceales the offence . Such offender for Misprison of Treason , shall forfeit to the king his goods and chattels for ever , the profits of his lands during his life . Dalton 103. For Misprison of Felony , the offender shal be onely fined , ibid. Petty Treason is when wilfull Murder is committed upon any Subject by one that is in subjection , and oweth faith , duty , and obedience to the party Murdered , Vide Petty Treason , fol. 82. 6. The punishment for Petty Treason is this , the man so offending shall be drawn and hanged , the woman shall be burned alive , in case as well of petty Treason , as of high Treason , I Ric. 3 , 4. But in case of Felonies , the judgement both of man and woman is to be hanged . The for feiture of Petty Treason is the King shall have all his goods , and for his Lands the king shall have Annum diem & vastum , and the Escheat thereof , shall be to every Lord of his own proper fee. Treasurers : THe Treasurers of the Country are to be chosen at Easter sessions by the more part of the Justices , and are to be such as at the last taxation of the Subsidy next before the said election were valued and assessed at 10. l. in lands yearly , or 40. l : in goods and shall continue but one year , and then give up their charge and account at Easter Sessions , or within ten dayes after ; and if any Treasurer , his Executors , or Administrators shal fail to give up his account within the time aforesaid or shall be otherwise negligent in his charge , then it shall be lawfull for the more part of the Justices in their Sessions to assess such fine upon him , his Executors , Administrators , as in their discretions shall seem convenient , so it be not under 5. l. 43 Eliz , 3. & P. Capt. 18. 2. The Treasurer shall assesse relief to Souldiers or Marriners upon a lawfull Certificate , and shall keep a true book of computation of the mony they lent , and a Register of the names of such as they give relief unto . And every Treasurer returning , or not accepting the Certificate brought unto him , shall write and subscribe the cause of his not accepting , or not allowing thereof , under the said Certificate , or in the back thereof . And if any Treasurer shall wilfully refuse to give reliefe according to this Act , the Justices in their S●●ons may fine such Treasurer by their discretions , 43 El. 3. & P. Captains 19 , 21 ; 22. The surplusage of the stock of the more part of the Justices in their quarter Sessions , be ordered , distributed , and bestowed upon such good and charitable uses , and in such form as are limited in the Statutes made in force concerning the reliefe of the Poor , and punishment of Rogues and Beggars : 43 El 3. and P. Captains 24. See more P. Poor people 14 , 15. How the Forfeitures shal be imployed , see 43 El. 3. & P. Captains 26. Trespass : WHosoever shall cut , or unlnwfully take away any Corn or grain growing , or rob any Orchards or Gardens , or break or cut any hedge , pailes , railes , or fence , or dig , pull up , or take up any fruit 〈…〉 ree or trees , in any Orchard Garden , or elsewhere , to the intent to take or carry the same away ; or shall cut or spoyle any Woods , or under Woods , Powles or trees standing , not being Felony , and their procurers and receivers knowing of the same , being thereof 〈…〉 awfully convicted by the consession of the party , or by the testimony of 〈…〉 e sufficient witness upon oath before 〈◊〉 Justice of the peace &c. shall give the party such satisfaction as such Ju 〈…〉 ice shall appoint , and within such ●ime as he shall appoint , the same to be only for the first fault . And if such ●ffenders shall not be thought able to give satisfaction , then to be whipped ●nd also for every such offence after to 〈…〉 cceive the same punishment of whipping , 23 El. 7. & P. 1. A Constable refusing to punish such ●ffenders , see Constables 10. & P. 2. No Justice of peace &c. shall execute this Statute for any of the said offences done to himself , unless he be associated and assisted by one or more Justices whom the offence doth not concern , 43 El. 7. & P. 3. Vagabonds and Rogues . SEE 39 Eliz. 4. 4. & P. 2. & 7. But note that that act doth not exte 〈…〉 d to any children under seave● years old . All common players of Enterludes and Glassmen shall be accounted rogues 1 Iac. 7. & P. 2. A Servant taken with a counterfei 〈…〉 or forged Testimoniall or not procuring a Testimoniall according to the Stat. 5. El. 4. shall be taken and punished as a Rogue : see P. Labourers 8. A Souldier or Marriher begging , 〈◊〉 counterfeiting a Certificate , shall be accounted a Rogue , 34 El. 3. & P. Capt. 23. And all such as wilfully go abro 〈…〉 out of houses infected with the Plagu 〈…〉 though they have no sore upon them shall be accounted Rogues , and more over be bound to the good behaviour for a yeare . 1. Iacob . 31. & Poulton Plague 4. And all able persons threatning to turn away and leave their family upon the Parish , the same being proved by two sufficient witnesses upon oath before two Justices of the peace , shall be punished as Rogues , unless they put in sufficient sureties for the discharge of the parish , 7 Iac. 4. All such able persons as shall runne away out of their parishes , and leave their families upon the parish . 7. Iac. 4. All such as appear to be dangerous to the inferior sort of people , or otherwise be such as wil not be reformed of their Roguish kind of life by the former provision of this Act , shal be sent to the house of correction , or Goale of the County by two Justices , one of them being of the quorum of that limit til the next Sessions , and then by the consent of the more part of the Justices in their open Sessions , shall be with an hot burning Iron , of the breadth of two pence , with a Great Roman R. upon the Iron ; and then shall be sent to the place where they last dwelt , if they have any dwelling , it not , then to the place where they last dwelt for the space of a year , and if that cannot be known by their confession or otherwise , then to the place of their birth . And if after such punishment they offend again in begging or wandring contrary to the Law , they shal be adjudged Felons and not have Clergy , 39 El. 4. 1. Iac. 7. & P. 4. To send rogues by a generall Pasport without conveying them from parish to parish , is a let to the conveying of rogues according to the Statute , and so a for feiture of 5. 1. upon them , and to go with such a pasport is but still to continue a rogue to be punished by whipping , see the duties of Constables , fol. 25. 7. If any Mannish , Scotish , or Irish rogue shall come into this kingdome , he shall be punished as a rogue , and conveyed to the next port or parish where he landed , 39. El. 4. and P. 16. See the constables duty herein , Constables . 18. Every person shall apprehend such Rogues , Vagabonds , and sturdy Beggars as he shall see or know to resort to his house to beg or receive almes , and him shall carry ( or cause to be carried ) to the next Constable or Tything man , upon pain to forfeit for every default 10. s . 39 El. 4 and P. 5. How these forfeitures shal be imployed , See 37 El 4. & P. 11. see more Constables 7. Victualls and Victuallers . 1. IF any Victualler shall sell , or offer to sell any corrupt , or unwho I some Victuall , he shal be fined by the discretion of the Justices , 51 H. 3. Statute Pistorum , Cap. 7. see more Butchers 3. 2. If any Butcher , Fishmonger , Inholder , Tipler , Brewer , Baker , Poulterer , or other seller of Victuals , shall not sel the same at reasonable prizes , and for moderate gain , he shall lose the double value of that he received , 23 Ed. 3. 6. & P. 3. & 4. 3. Victuallers conspiring for selling their Victualls , see Artificers , 1. 4. When and in what cases victuals may be transported , see 1 & 2. P. & M. 5. & Poulton 8. & Justices 27. & Corn 1. & 7. Usury . 1. IF any person shall by himself or any other , sel any Merchandise or wares to any other , and shal within three months next after by himself , or any other buy the same , or any part thereof again upon a lesser price , knowing them to be the same : Or if any person shal by any corrupt Bargain , Morgage or other means , take in gain above the rate of ten pound for a hundred pounds for one years forbearance , and so after that rate more or less , he shall lose the treble value to the king and Informer , and be imprisoned and fined at the kings pleasure . 37. Hen. 8 , 9. & P. i , 2 , 3 , 4. & i3 El. 8. 39 El. i8 . and P. 6 , 7. He that taketh ten pound or less in a hundred , shall forfeit the Interest only i3 El. 8. 39 El. i8 . & P. 8. & Just . 9i . Wages . VVAges of Servants , see 5 El. 4. and P. Labourers 4. and Justices 66. Wages of knights of the Parliament see 23 H 6. 6. 1i . and P. Parliament i2 . and Just . 52. Wages of Justices of the peace , see i4 . R. 2. ii & P. Justices 6 , 7. & 5 El. 4. & P. Justices 68. Wages of Weavers and Spinsters , see Cloth 3. Watch and Ward . IF the Watch in every town be not kept from Sun setting to Sun rising , between Ascention day , and Michaelmas day , to arrest Night-walkers and strangers that pass by in the night , the Constable , shall be fined by the discretion of the Justices , Stat. VVinton . i3 Ed. i. 3. and 5 H. 4. and P. i , and 2. VVax : IF any person shall sell , or shal set forth Candles , or other works of Wax to sale at higher prices then after the rate of four pence the pound over the common price of plain wax between Merchant and Merchant , he shal be fined to the King , and shall forfeit his work , or the value of it : 11 H. 6. 12. & Poult . 8. & Just . 42. Weights and Measures : LAwfull Weights , see Poult . 1 , 2 , 3 , 4 , 5. VVhosoever shall buy or sell by unlawful VVeights or Measures , or shal buy or sel in any City or Market with any VVeight or Measurethat is not lawfully marked or signed , the same shall be broken and burnt , and the offender shall lose for the first offence six shillings eight pence , for the second , thirteen shillings and four pence , and stand on the pillory , 11 H. 7. 4. & P , 9 , 10. & Just 92. If they of the town where the Kings Standard is appointed to remain , should not have their common VVeights and Measures signed , or shal not have thereby signed weights and measures sold to all that have required the same , they shall be fined and amerced , and so shall the head Officers of market townes , which shall not twice yearly make view and examination of weights and measures there , 11 H. 7. 4. & P. 7. & 10. If any person shall take above one penny for sealing a Bushel-measure , or above one penny for sealing a hundred weight , or above a half penny for sealing half a hundred weight , or above a farthing for a less weight , he shal forfeit forty shillings , 7 H. 7. 3. & 11 H. 7. 4. VVhosoever shall buy Corn by heaped measure in any place , except within Ship-board , or shall use double measure , the one to buy , the other to sell with , he shall be grievously fined and imprisoned 17 Ric. 2. de Pistor . & 11 H. 4. All falsiers of false VVeights shall be imprisoned without Bayle , til they be acquitted or attainted , and if they be attainted , their bodies shal remain in Prison till they have made fine and VVild Fowle and their Eggs. WHosoever shal willingly with draw , purloin , take , destroy , or convey any Egs of any Wild-Fowl from any Nest or place where they shall be layd by any kind of the same Wild-Fowl , between the first of March , and the last of Iune yearly , shal be imprisoned one whole year , and forfeit to the King and Informer for every Egg of any Crane or Bustard so destroyed or taken from any nest or place 20. d. and for every Egg of every Byter , Heron , or Shovelard 8. d. and for every egg of every Mallard , Teale , or other Wild-Fowl used to be eaten , a Penny. 25 H. 8. ii . 3 Ed. 6 , 7. & P. i. & Just . 9i . & vide plus Pheasants 3. Wines . 1. SUch as sel Wines in gross , contrary to the Prizes assessed , shal forfeit for every vessel so sold , forty shillings , 28 H 8. i4 . and P. 2. and Just . 94. 2. If any person authorized to sell Wine by Retaile , shall sell the same above the Prizes thereof limited by the Kings Proclamation , if there have been any , and shall be convicted within a yeare after , he shal lose for every Galion 3. s. 4. d. and so after that rate , 28 H. 8. i4 . & 5 El. & P. Just . 94 , 95. 3. If any shall deny to sell Wines at the Prizes assessed , they shall forfeit the value of the Wine so desired to be bought , and the Justices may upon request enter and sel the same desired to be bought , according to the prices set down , and take the buyers money towards the satisfaction of the forfeiture 24 H. 8. 6. & P. 3 , 4. VVoods . IF a Lord or owner of Woods or under Woods , and the Tenants or Inhabitants , ( having common therein ) cannot agree in dividing the fourth of the said Wood , but shall desire the aid of the Justices of the peace of the same shire where the Wood lyeth , the more part of such Justices ( not being a kin to the said Lord or owner ) shall sever and set out the said fourth part of such wood , 35. H 8. 17. & P. 8 , 9. Wooll and Yarn . IF any shall buy woollen Yarn , and not make Cloth thereof , he shal forfeit the Yarne and foursold damages and be two years imprisoned , and fined , 8 H. 6. 5. & P Yarn 4. 2. If any shall buy wooll but of the owner of the Sheep and Tyth , he shall lose the value thereof , E. 4. R. 2. 4 , & P. 1. RESOLUTIONS OF THE IUDGES OF ASSIZE , UPON Certain QUESTIONS , touching Parishes , &c. Mich. An. Dom. MDCXXXIII . LONDON , Printed by T. L. for M. Walbancke , MDCLV . RESOLUTIONS OF THE IUDGES OF ASSIZE , UPON Certain QUESTIONS touching Parishes , &c. Mich. An. Dom. 1633. QUEST . I. VVHether the churchwardens and overseers of a parish , with the assent of two Justices of Peace , one being of the quorum may by the Statute of 43 E. cap. 2. or any law enforce a parishioner of the same Parish to take a child of a poore Parish●oner of the same Parish , who is not able to keep his said Child , to be an Apprentice ? Resol . The Statute of 43 Eliz. which saith that the Churchwardens and Overseers of the parish shall put out children to be Apprentices , necessarily implyeth , that such as are fit must receive such Apprentices , and the putting out of poor children is one of the best wayes for providing for the poor . quest . II. If they may , then whether they must give money with him , and who shall determine what summe shall be given , if the party that is to take such Apprentice and the Churchwardens & Overseers of the poor , cannot agree thereupon ? Resol . There is no necessity that money must be given , but that must be left to the discretion of the Overseers ( all circumstances of age and ability considered ) and if they cannot agree with the party , then the Justices of the peace neare adjoyning , and in their defaults , the Sessions of peace are to determine the controversie . quest . III. VVhether a Knight Gentleman , Clergy-man , or Yeoman , or one that is a Sojourner , using Husbandry , Clothing , Grazing , or the like , may be inforced to take such an Apprentice ? Resol . Every man who by his Calling or Profession , or manner of Living entertaineth , and must have the use of other servants of the like quality , must entertain such Apprentices , wherein discretion must be guided upon consideration of all circumstances . quest . IIII : Whether a wealthy man keeping few or no Servants , nor wanting a servant , but living privately may be enforced to take such an Apprentice ; if not , then whether he may be taxed towards the putting forth of such an Apprentice ? Resol . For the receiving of such Apprentices , The Answer may be referred to the Question next before , but out of doubt every such person must contribute to the charges , as to other charges for the provision for the poor . quest . V. Whether they may enforce a parishioner of one parish to take such a child apprentice that is of another parish , but within the same County or Division , if the proper parish be notable to provide for the children of the parish ? Resol . The Justices may provide Masters for them in other parishes within the same Hundred ; and if the Hundred be not able , then out of that Hundred in the rest of the County , as for the provision for the poor . quest . VI. If such a Parishioner may be enforced to take such an Apprentice and shal refuse to take such Apprentice but also be bound to appear at the next quarter Sessions or Assize , what shal be done then ? Resol . If any refuse , let such a one be bound to the next Sessions or Assizes , if he refuse to give such bond , let him be sent to the Goale , there to remain until he wil give such bond . quest . VII . If such a Parishioner who refuseth to take such an Apprentice shal be bound over to the Sessions for not taking such Apprentice , and when he appeareth there shal likewise refuse , what shall be done unto him ? and what shall be done to the parents of such children who refuse to suffer their Children to be put out Apprentices , themselves not being able to maintain them ? Resol . If at the Sessions or Assizes such one refuseth to take such an Apprentice , and his excuse be not allowed , it is fit he be bound to the good behaviour . And as it will be a good course to indict such a refuser for a contempt , and thereupon to fine and imprison him , if he refuse to be bound to the good behaviour , let him be imprisoned till he will ; and the Kings book of Order directs that such be bound with good sureties at the Counsel-Board . And if the Parents of such poor children do not suffer their children to be bound Apprentices , or being bound to entice them away , themselves not being able to maintain them , let them be committed to the house of Correction . Quest . VIII . Whether it be in the power of any generall quarter Sessions to mitigate any penalty upon a Statute Law , if the party indicted shall submit himself to the fine of the Court , and wave the Traverse . Resol . If the party be convicted , or confess the fault , it is not in the power of the Court to mitigate the fine , in such cases where the Statute makes it certaine , but if the party indicted confess his innocency , yet quia noluit placi tare cum dom . rege , put himself up into the grace of the Court , the Court may impose a moderate fine , and order to forbeare the prosecution . quest . IX . If a man be bound to appear at the Sessions , and shall tender submission to the Court , whether the Sessions may stay the indictment , and mitigate the fine as aforesaid , upon the confession of the fact . Resol . This is answered before in the next precedent Article . quest . X. If a man be convicted for being drunk , tipling , or keeping an unlicensed Alehouse ; or being licensed , for suffering others to remaine tipling in his house , or for swearing , or for driving of cattle upon the Sunday contrary to the Stat. in that case provided , whether the Justice of the peace ( before whom he was convicted ) or any other Justice of the peace may discharge him of all ; or part of the forfeiture or punishment appointed by the Statute ? Resol . The Justices have no such power of mitigation after conviction , where the statute appoints the measure of the punishment . quest . XI . VVhether a Constable may upon a warrant for carrying one to the house of Correction , for keeping an unlicensed Alehouse , upon the second conviction break open the house where the party convicted is , to apprehend him ? Resol . This question is to be advised upon ; it is but in generall t 〈…〉 arms , and referred to be considered in the particuler where it appeareth . quest : XII . If any woman unmarried be hired from week to week , or from halfe a year to halfe a year in one parish , and there is begotten with child , and then goeth from thence to another parish where she is setled in serv●ce by the space of two or three months , and then is discovered that she is with child , the question is , whether she shall b● setled in the parish where she was bego 〈…〉 with child , or in the parish wherein she was last setled ? Resol . The place where such a woman was lawfully setled is the direction in this case , not where she was begotten with child . quest . XIII . If a woman servant unmarried be gotten with child , and then goeth out of her Masters service before , or after it is discovered that she is with child , and the reputed Father be run away , or is not able to free the parish , whether the Master may be forced to provide for her til she be delivered and a month after ? Resol . If the Master have legally discharged his house of such a servant , he is no more bound to provide for her than any other . quest . XIV . In case a parish consist in part of ancient Demeasne , and part Geldable ; an Assize is made for the reliefe of maymed . Souldiers Goale , &c. according to the Stat. of 24. Eliz. cap. 2. Whether the Tenants in ancient Demeasne shall contribute with the Geldable for the payment of this Assize ? Resol . The Statutes do not distinguish , between the ancient Demeasne and the Geldable ; in these cases , ubi Lex non distinguit , nec nos dstinguemus . quest . XV. VVhether an Indictment of forcible Deteinor be within the Statute of 21 Iac. 5. and not to be removed by Certiora . unless the party indicted first finde sureties according to that Statute : and whether the party indicted be to be bound himself , or may send sureties to be bound in his absence to prosecute according to that Statute . And whether an Indictment of forcible Entry , &c. found at a quarter Sessions , and certified unto the quarter Sessions , be to be removed by Cortiorar . without sureties according to the Statute . Resol . This is fittest to be left unto the Court of Kings-Bench , to whose commission , and jurisdiction this is most proper . quest . XVI . If one be convicted upon the Statute of 3 CAROL . R. cap. 13. for driving of Cattle upon the Sunday through several parishes , whether he shall forfeit twenty shillings to every of the said parishes , or onely to one , if to one , then to which of them ? Resol . This Statute gives the forfeiture but of one twenty shillings for one Sabbath day , although the driving be on that day through several parishes therefore where the action is first attached , and distress taken , that parish shal have the benefit of the forfeiture , and none other . quest . XVII . If one who is under the age of thirty years , or brought up in Husbandry , or a Maid-servant brought up in any the Arts or Trades mentioned in the Statute , 5 Eliz. cap. 4. and not enabled according to that statute to live at his or her own hand , shall be warned by two Justices of the peace , to put him or her self to service , by a day prescribed by them , and shall not do the same accordingly , but shall after continue living at his or her own hand , what course shall be taken with such a person , and how punished ? Resol . Such persons living out of service , and not having visible means of their own to maintaine themselves without their labour , and refusing to serve as an hired servant by the yeare may be bound over to the next sessions or Assizes , and to be of good behaviour in the mean time , or may be sent to the house of Correction . quest . XVIII . Whether the Tax for the relief of the poore , upon the statute of 43 Eliz. shall be made by ability , or occupation of Lands , or both : and whether the visible ability in the parish where he lives , or generall ability whatsoever : And whether his Rent received in the Parish where he lives shall be accounted visible , and whether he shall be taxed for them only , and not for any received from other parishes . Resol . The lands within each parish is to be taxed to the said charges in the first place equally and indifferently ; but there may be an addition for the visible ability of the Parishioner , according to good discretion , wherein if there by any mistaking , the Justice &c. or the Sessions must judg between them . quest . XIX . VVhether the Tax for the County stock , Goale , house of Correction , is to be made by the Statute 14 Eliz. & 43 Eliz. by ability , and upon the Inhabitants of the parish onely , or upon them , or the occupiers of lands dwelling in that parish ; or whether such as occupy Lands in that parish , and dwel in another parish shall be taxed ? Resol . If the Statutes in particular causes give no speciall direction , it is good discretion to go according to the rule for taxation for the poor . quest . XX. VVhether any taxes ought to be made for the charges that petty Constables and Burgholders are at for conveying of Rogues from parish to parish , and relieving of them , and how to be rated ? Resol . It is fit to relieve the Constables and Tythingmen , in such sort as it hath been used in severall parishes where they live . quest . XXI . VVhether a Justice 〈◊〉 peace may discharge a servant being with child from her service , allowing 〈…〉 hat as a reasonable cause that she is 〈…〉 ereby made unable to do her service ●hich otherwaies she might have done ; 〈…〉 d if he may discharge her , whether ●e parish shall provide for her til her delivery , if she cannot provide for her 〈…〉 lf , and so also if her time be expired before her delivery , who shall provide 〈◊〉 her after the time ended . Resol . If a woman being with child 〈…〉 ocure her self to be retained with a 〈…〉 aster who knoweth nothing thereof , 〈…〉 ems to be a good cause to discharge 〈…〉 r from her service : But if she be 〈…〉 ten with child during her service , it 〈…〉 meth to be otherwise ; but the master neither case must turn away such a 〈…〉 vant of his own authority , but if 〈…〉 r term be ended , or she lawfully 〈…〉 charged , the Master is not bound to 〈…〉 vide for her , but it is a misfortune 〈…〉 len upon the parish , which they must 〈…〉 re as in other cases of casuall impo 〈…〉 cie . quest . XXII . VVhether one being 〈…〉 vered of a Bastard-child in one pa 〈◊〉 , and goeth into another parish and 〈…〉 omes vagrant , and so is sent to the 〈…〉 ce of her birth , her bastard-child be 〈◊〉 under the age of seven years , shall setled with the mother , and there 〈…〉 intained , if the mother be not able to keep it , not the reputed father found ; or whether it shall be sent to the place of its birth , as being setled with the mother , whether the parish where it was born shall be ordered by the two next Justices to pay a weekly sum towards the maintenance of it ? Resol . The bastard child must be placed with the Mother , so long as it is within the quality or condition of a Nurse-child , and then it is fit to be sent to the place of its birth , to be provided for , the Mother or reputed Father not being able . quest . XXIII . A man with his Wife and Children takes a house in one parish for a year , and before the end of his term is put out of possession , and after takes part of an house as an Inmate in another parish , from whence he is also put out in two or three dayes , and then not being able to get any dwelling , they come to lye in a Barn in a third parish , where the husband falls sick , and the wife is delivered of another child , where ought these to be setled ? Resol . If a man or woman having an house or habitation in one parish be thrust out of possession , this is an illegall unsetling , which the Law forbiddeth ; for none must be enforced to turn Vagrants , and such a one must be returned to the place where he or she was lawfull setled , and the child also that was born in the time of this distraction . quest . XXIV . Whether an Apprentice put out by the Churchwardens &c : according to the Statute , to a Master in another parish , if his Master die and leave no Executor fit to keepe an Apprentice , or able to place him , shall he be provided for in the parish where he was Apprentice , or shall be sent back to that parish from whence he was put out ? Resol . Servants and Apprentices are by Law setled in that parish , and if they become impotent there , the parish must beare the adventure after their terme or time be lawfully en 〈…〉 ed. quest . XXV . VVhat is accounted 〈◊〉 lawfull setling in a Parish , and what 〈…〉 ot ? Resol . This is too generall a question to receive a perfect answer to eve 〈…〉 particular case which may happen , 〈◊〉 generally this is to be observed , 〈◊〉 the Law unsetleth none who are 〈…〉 ully setled , nor permits that to be 〈…〉 e by force or compulsion : and eve 〈◊〉 one who is setled a Native , House 〈…〉 lder , a Sojourner , an Apprentice , or Servant for a month at the least , with 〈◊〉 a just complaint made to remove 〈◊〉 or her , shal be held to be a setling . quest . XXVI . A rogue is taken at A. and wil not confess the place of his birth , neither doth it appear otherwise but that he confesseth the last plece of his habitation to be at S. hereupon he is whipped and sent to S. at his comming to S. there the place of his birth is known to be at VV. and thereupon the Rogue confesseth it to be so , whether he might without new vagrancy be sent to VV. Resol . In this case it is fit to send such a Rogue to the place of his birth ; but this is but a mistaking , and no legal setling . quest . XXVII . If an Indictment be preferred to the grand Inquest of the quarter Sessions of the peace , against one for Murder , Manslaughter , Robbely , Felony , or petty Larceny , and Ignoramus found thereupon , whether the said Sessions may deliver the party by proclamation , or not . Resol . Not by Proclamation but for Petty Larceny , and other petty Felonies in discretion the Goal may be delivered of them . quest . XXVIII . If a Constable be chosen , and refuse to take his Oath , what shall be done ? And whether a Constable may make a deputy , and by what means ? Resol . The refusall or neglect to take Oath in such case , is a contempt worthy of punishment , and the best way is by Indictment , and thereupon to fine and imprison him ; and the making of a deputy is rather by toleration than by Law. Quest . XXIX . If a Constable die , or remove out of his place where , &c. how is his place to be supplyed ? Resol . By the Lord of the Leet , if that time fell neare , if otherwse by the Sessions , but if that be too far off , then by the next Justices . quest . XXX . If a poor weak man be chosen Constable or Tything-man be unfit for the place , how he may be removed , and a fresh sworne in his roome ? Resol . The Justices must help this , and 〈…〉 f the Lord of the Leet have power to chuse a Constable or Tything-man and perform it so ill , that is a just cause to seize his liberty . quest . XXXI . If a Nurse-child , a Schollar at a Grammar School , or in the University prove to be impotent by sickness , lameness , lunacy ; or discovery of Felony , how such persons shall be disposed ? Resol . A Nurse-child , or a Schollar at the Grammer School , or in the University are not to be esteemed as persons setled there , more than Travellers in their Innes , but their setling is where their parents were setled , or themselves were last setled . Quest . XXXII . What proportion Parsonages , or Tithes shall bear to the taxation of the poor of the Parish . Resol . The Parson having the Tenths or Tythes of the Parish , it seemeth good and equal that he shal pay the Tenth part of the rate of the poor in that respect . quest . XXXIII : VVhether for placing of the poor of the parish not to be removed but by consent of the parish , these poor men may not be placed &c. Inmates for a time ? Resol . They may by express words of the Stature of 43 Eliz. quest . XXXIV . It a Parishioner , or owner within a Parish , do bring into the Parish , without the consent of the parish , a stranger of another parish , which is , or apparently like to be burthensome to the parish , how they may ease themselves . Resol . By taxing such a one to the charge of the rates of the poor , not having respect to his ability , or the land he occupies , but according to the damage and dangerhe bringeth to the parish by his folly . quest . XXXV . For VVarding in the day time for apprehending of Rogues , whether the Constable may not enlarge it ? Resol . VVarding in the day time is of great use , and must be left to the discretion of the Constables , or direction of the Justices to vary according to the occasion . quest . XXXVI . VVhether Alchouses ought to be allowed in Through-fair Towns , and others in other places to be restrained onely to sel to the poore out of dores . Resol . The Justices shall do very welto allow none but in places sit for their s●itua●●on and user , and to moderate the number . quest . XXXVII . A man for his quality otherwise sit to be a Constable or other officer of that nature , procures himself to be the Kings Servant extraordinary , and by that would excuse himself to serve in the country . Resol . A servant extraordinary may wel perform his ordinary service in the Country according to his quality . THE IVDGES OPINIONS Concerning The Commissions by which the Iustices sit at Newgate . viz. Goale-Delivery , and Oyer and Terminer . MDCXXXIII . LONDON , Printed by T. L. for M. Walbancke MDCLV . THE Iustices OPINION , Concerning the Commissions by which the JUSTICES sit at Newgate , viz Goal-delivery , & Oyer and Terminer . MDCXXXIII . THe Justices of Goale-Delivery there , may try all Prisoners in the Goale or by baile , or such as being Indicted wil render themselves , generally for all Felonies , and also for such other offences as are particularly assigned to them by Statute . The Statute of 4 Edw. 3. cap. 2. doth give them power to receive Indictments against prisoners , and such as are upon bayle , and to proceed to try the same ( viz. ) Indictments taken before the Justices of the peace , and by equity thereof all Indictments before Coroners , 3 Mar. Bro. Commission 29. saith , that the Commission is , Ad deliber and. Gaolas de Prison . in eisdem existen . but they cannot take indictments as Justices of Goal-Delivery , but being Justices of the Peace they may take Indictments , and then try the same , or else to receive Indictments taken before Justices of the Peace , but it standeth with reason , that they may take Indictments against Prisoners , but not against them that are at large : For in as much as power to deliver the Goale is given them , consequently they must have means to do so , which is by Indictments : Ideo quaere . Howsoever it is clear , they may enquire of many offences , and take . Indictments in such cases where power by any Statute is given to the Justices of Goale-Delivery to make enquiry of . When an Indictment is taken before Jusc●ces of Goal Delivery , in such cases where they have authority by Law or St. it there the title of the Indictment is , that apud Go alam deliberat . tent . before the Commissioners of Goal Delivery , I. S. was indicted , and the Record must be made up so : And whereas by vertue of the Stat. 4 Ed. 3. Indictments taken before Justices of the peace , or Coroner , or any other against prisoners , then the Entry of the Indictment is returned , Memorand . quod ad generalem Sessionem tent . Before A. B. Iustic . ad pacem in Com. M d. or London , I. S. was indicted and tryed before Justices of Goal-Delivery , and by vertue of the said Statute Indictments taken before Justies of the Peace in London or Middlesex , and tryed before Justices of Goal-Delivery . The Commission of Oyer and Terminer is , ad inquirend . & determinand . they may enquire of all the offences mentioned in the Commission , allbeit the Offenders be at large : But they cannot try Prisoners upon Indictments taken before any other then themselves , as the Justices of Goale-delivery may by the aforesaid Stat. unless there be a speciall Commission made , as it was in the case of the Earle of Leicester mentioned in Plowdens Commentaries : For the ordinary Commission of Oyer and Terminer is , ad inquiread . audiend . & de e●minand . therefore they cannot determine things unless they made enquiry first ; and on the other side also , the Justices of Goale-Delivery may try Indictments taken before Justices of the Peace ; yet if one be indicted before Commissioners of Oyer and Terminer , the Justices of Goale-delivery cannot try the same , because the Records of the Commission of Oyer and Terminer , are to be returned into the Kings-Bench : 24 E. 3. 31. The Commission was , and the Records of the proceeding before the Justices of Goale-Delivery are to be returned to the Custos Rotulorum of the County , when the same persons are Justices of Goale-Delivery , and Oyer and Terminer , they may sit the same day and place , and enquire by the same Jury , but the Entry of the Records must be severall , according as the Indictment is . At the Assizes in the Countrey the Justices have their severall power , as Justices of Goale-Delivery , Oyer and Terminer , and Justices of the Peace , but when the Records are made up , they must be according to the power they made election to proceed upon , this is the regular and legall course : But the Clerks of Assize promiscuously made Entry thereof : But if a W●●t of Errour be brough , they must certifie according to Law , or else it were erronious , and so upon a Certiorar . The Sessions of peace at London may begin at Guildhall , and there adjourn to Newgate , if some Indictments be at Guildhall , then these must be so certified if otherwise at wewgate , then the Adjournment must be mentioned , and that the Indictment was then taken . Note that the tryall of Indictments taken before Justices of the peace of London cannot be tryed at Newgate , as in nature of a Tryall before Justices of the peace of London ; for many of the Commissioners for Goal-Delivery are not Justices of the peace for London : But in such case the Tryall must be before the Justices of Goale-Delivery , as upon Indictment taken before Justices of the peace of London , and in like case of Indictment taken before Justices of the peace in Middlesex . But if Indictments at Newgate be originally taken before Justices of Goale-Delivery , then it is considerable how the Jury sworn and impannelled to enquire at the Sessions of the peace for London or Middlesex , serve to present Indictments before the Justices of Goale-Delivery at Newgate , unless the custome and usage w●l warrant that the two several Juries sworn at the Sessions of the peace for London or Middlesex , and also by the same oa●● and impanelling to serve for the Grand Jury for the Com. of Gaole-delivery , and Oyer and Terminer . Upon conference with Mr. Keeling , and the Clerks for Newgate , of London and Middlesex , and the clerks of Assizes , and view of their severall Entries , a more mature and certain resolution may be given ; this being in hast , and without such consideration as were requisite . CORONERS of their Office , and of their Authority . And where a man shall Approve , and where not . And which shall be good Appeals for Approvers , and of the answers unto them . And where a man shall have Sanctuary , and where not . And where a man may Abjure , and where not . NOte that the Office and Authority of a Coroner is to sit , super visum corporis of them that die otherwise than by the visitation of God , and to take sufficient Record of the view : Also to Abjure them that ought to be Abjured , and for to record that And also to Record Appeals , and Accusations of Felons that approve . 22 E. 3. And unlawfully to take Pleas of the Crown , and to present them as it appeareth in the Stat. of VVestm . the first cap. 10. And to take Appeal of Robbery and Felonle , 9 Hen. 6. fol. 4. & 37. quere if they may proceed in that ; for the Book saith that they may record Non-suits in Appeals , and give judgment upon Outlawries . The Coroner certifieth into the Kings-Bench , that W. C. received A. B. as he was carried to be hanged , and conducted him to the Church of S. This is no good Record ; for hee can certifie nothing but , super visum corporis , or by special Writ to him directed . A Coroner is made in the time of King Henry the eight , and the Coroner sitteth in the time of the King that now is , super visum corporis , and taketh a sufficient Indictment , and certifieth , it , that is a good Record , and the Court may proceed upon it . 4 E. 4. 44. For the Coroner is made by Writ , and he shall endure till he bee discharged by Writ : contrariwise it is of them that be made by Commission ; for by the Kings death their power is then dissolved . A Coroner sitteth super visum corporis and taketh a perfect Indictment , and another Coroner of the same Shire sitteth after , and taketh another Indictment , the second Indictment is voyd , 5 R. 2. 10. & 7. For by the first sitting the Enquiry is perfectly determined & ended . A man indicted of Felony confesseth the Felony , and approveth , and hath a Coroner assigned him , and he approveth one of Felony in another County , this is a good Appeal , 9 H. 6. 45. But the Coroner cannot make Process to them , but he must certifice the record to the Justices of the Goale-Delivery , and they shall make the Proces . Approvement is as much to say as an Accusation , and it must be after judgement , and it must be made by him that is indicted of Felony , and hath confessed the Felony ; and upon this the Justices may assign a Coroner to hear his Approvements , and to record them , and a certain time shal be assigned him to Approve ; but it is at the discretion of the Justices if they will permit him to approve or no : And if he approve out of the time to him assigned , it is voyd . If a man plead not guilty to the Felony at the Issue , and after he will relinquish the Issue , and confess the Felony , he shall not be suffered to become an Approver , 21 E. 3. 10. For he hath taken a peremptory Issue , and is found two times false ; one is by committing the Felony , another is by taking of that false Plea , and therefore he shall not be trusted to approve , ōthers . If one that is robbed bring an Appeale against one which confesseth the Felony , he shall not be suffered to approve ; for an approvement is onely for the profit of the King , and in this case the party shall not be so long delayed ; and in an Appeal , the Defendant shall not be suffered to approve . A man is in prison for Trespass , and will confess Felony , he shall not be s●ffered to approve , for he is not in prison for Felonly . A man that is Outlawed of Felony , he shall not be suffered to approve ; for this Outlawry is an attainder in Law , and a man attainted cannot approve ; for he is out of the protection of the King and his Law ; and this approvement is an Action , and a man out of the Law can use no Action . A man approveth I. S. being an Alien born , and now being in Spain , this is no good approvement ; for he cannot be summoned by Process to answer : A man cannot approve another after that he himself is abjured , for none can approve but such as may have judgment to be hanged , and so cannot a man abjured . A Clerk convict escapeth out of the Bishops Prison , and maketh another Felony , and confesseth that Felony , he shall not approve , for he hath another judgment before , and he is out of the Law , and cannot be adjudged again . If the Approver misrehearse the appealee , either by his name , orthe colour of his horse , he shall be hanged incontinent . If a man be indicted for forging of false money , if he confess that Treas●n he may approve others . If one confess the Felony , and approve another which joyneth the mise by battle , that not guilty , and when the approver cometh to the field to fight , he relinquisheth his approvemens , he shal be hanged incontinent , and the other shall go quit ; for this doth countervail a vanqūishment . An Approver appealeth himself , and I. S. for that they break out of N. in which they were for Felony , this is no good approvement , for one cannot approve another of felony , but of such whereunto himself was party , and the breaking of the prison was severall escapes ; for one was not party unto the escape of the other . An Approver approveth another which pleadeth not guilty , the Ki● pardoneth the approver , the appeallee shall go quit , contrariwise it is if the appealer dye in Prison . An approver appealeth another , for that he did receive goods knowing they were stoln ; this is no good approvement . An approver approveth another of a Felony whereunto himself was not privy nor party ; this is no good approvement . An approver appealeth one which appeareth , and upon that the appealer taketh his Clergy , the appeallee shal be arraigned upon the Felony for the King. An approver appealeth I. S. and there is no such in rerum natura , the approver shall be hanged incontinent , The Justices of the Goal-Delivery or of Oyer and Terminer , may assign a Coroner unto him that will approve , but Justices of peace cannot . Sanctuarie taken away by the Statute Ideo , &c. In what Cases a Man have Clergy , and what not . And where the Ordinary may refuse the Clerk , and where he may challenge him . And where the Abuses of the Clergy shall be punished . And where it is Finable . And which Acts shall bee judged an Escape , and which not . NOte that if a man be convicted of wilful murder , poysoning , robbing of a Church , or Robbing by the Highway , or for Burglary , where any is put in fear of their life , or for stealing of horses , mares , or geldings , these persons shal not have their Clergy , by the Statute of Anno 1 E. 6. cap. 12. Such as for the offences aforesaid , be arraigned and stand mute , or challenge peremptory above the number of twenty Jurors , or wil not answer directly to the Felony , they shall not have their Clergy by the aforesaid Statute , but in all other cases they shall have their Clergy , as they might have had before the 24. day of Apr. Anno 1 H. 8. A man arraigned of Rape shall not have his Clergy , ●er . Stat. El. 18. cap. 6. A man that is Bigamus ( that is twice married ) or hath married a Widow , is arraigned of Felony for stealing of a cow , shall have his Clergy , that is given by the Statute of Anno 1 Ed. 6. A man is arraigned for robbing of a house in the night , where none was put in fear of their life , he shall have his Clergy . A clerk convict killeth his Keeper and escapeth , and is taken again , and arraigned of Felony , he shall not have his Clergy . 22 Ed. 3 fol. 25. For frustra legis auxilium in vocat qui in legem committit . A man indicted acknowledgeth the Felony and approveth , and when the appeal appeareth , the appealee prayeth his Clergy , he shal not have his clergy . He that is arraigned of any Felony whereof he might have his clergy , if he stand mute or otherwise abuse himself , so that he should be put to his pennance , yet he shall not lose the benefit of his Clergy , for he is not put from that by the Statute . If a woman be arraigned of Felony , if she can read , she shal have her Clergy in all cases as if she were a man. A man is arraigned of felony , and prayeth his Clergy and cannot read , he shall be committed to the Ordinary , and after he hath judgment of death , and then he prayeth his Clergy , and can read , he shall be committed to the Ordinary ; but it seemeth that that is at the discretion of the Justices . A man taketh a church for Felony , and will not confess the Felony to the Coroner , and is drawn out of the Sanctuary and arraigned , yet he shal have his Clergy if he can read . A man is arraigned and prayeth his Clergy and can read , and the Ordinary will not demand him , yet he shal have his Clergy . A man is abjured and taken again , and yet it is demanded what he can say whereof he should not die , and he prayeth his Clergy , if he can read he shall have it . In an appeal of Goods stolne the Defendant shall have his Clergy . A man is arraigned of Felony , and attainted , and hath judgment of death and is delivered to the Goalor to be hanged , and he prayeth his Clergy , if he can read , and there be an Ordinary to allow him , he shal have his Clergy . If the Ordinary keep a Clerk convict more easily or more streighly then he ought by the Law , the King shall reform him ; and if he deny a Clerk ●n make his purgation , where he may make his purgation by the Law , the King shall compell him to suffer the prisoner to make his purgation . If a Felon pray his Clergy when he may have it by Law , and the Ordinary refuse him , the Ordinary shal be ●m●rced , and the prisoner shall be hanged . FINIS : Notes, typically marginal, from the original text Notes for div A34019-e3080 An alehous keeper permitting any to continue drinking in 〈◊〉 house . Nota. A drunkard . Nota. ●owes and Arrows . Arrow . ●eads . ●orfeit 〈…〉 . s . Ride or go armed . Imbezel the Kings armour . Recusants armour . Artificers conspiring for the order of their work . Nota. Lying in Wa●t . 〈◊〉 break the Assize , the 1 , 2 , 3 , time he shall be amerced . To whom & and where a Badgers License shal be made . Regrating or ingrossing of Bark At what time trees to be barked , shal be felled . VVho shall take order for Bastardy . Refusing to perfo●m the order . Nota. The punishment of the Mother . Nota ▪ Quaere . Nota. No Brewer shall be a Cooper . The prices of Ale and Beer . Nota. None shall sell drink to an alebouse keeper unlicensed . Buggary . Burglary . Kill not weanling 5. Selling measled or morein flesh . Souldier making away his horse or harness . Absenting from the Musters . Felony in Souldiers . Certificate . Not reparing to the Church . Common fin . Weights & Measures . Refusing to pay wages . Linnen Cloth. Conjuration or VVitchcraft where by any person is killed or lamed . Declaring where things be hidden for procuring unlawul love . First offence . Second offence . Prophesying . VVhoought to be chosen Constables The duties of constable●s . Escape . Purveyor . Labourers in Harvest Search for Rogues , & convey them to the house of correction . Apprehend Rogues as be , and punish them . Outland sh Rogues . Refusing to receive Rogues to convey them . Nota Hedge break●rs . Plague . Drunk 〈…〉 Ale-house keepers . Vnlawfull Games . Poor children Apprentices . Present Recusants . VVatches set and kept Affray . Highwaies . Prisoners . Maimed Souidiers . Houses of correction . The prizes of Vessels . The contents of ale and beere Vessels . Marking of Vessels . Sope Vessels . Diminishing of Vessels . Seed corn . Refusing to do his Office. His fee. Inmates . Eseape of a Murtherer , Nota. Escheators see . A place appointed for a hors-fair . Nota. 〈…〉 be Seller must be 〈◊〉 ●own . Taking Pheasants & Partridges with snares . Taking them in the night . Destroying certain games and their egs . Tracing Hares Taking Pheasants or Partridges with setting-dogs . Note W 〈…〉 may take Pheasants . & Partridges , when and where . Selling of pheasant , partridge , Deer , or Hare . Hawking of Pheasant or patridges . Keeping Grey-bounds , setting dogs and nets . Taking of Salmons . Taking of spawn . Salmons & trouts out of season . Nota. Destroying of any pools or fishings . Concerning fish dayes , and the eating of flesh in L●n● . Degrees of Force . Forcible Entry . Forcible entry ; or forcible detaining of Lands . Three years possession . Each man shal help to remove force . VVho is a Forestaller VVho is a Regrator . VVho is an Ingrosser . VVho may Regrate . Ingrosse & The punishment of the offender . Live cattle . Forestalling of hides . Bark . Wool. Leather . Against whom sureties of the good behaviour may be granted . Keeping & shooting in Guns , &c. The length of a handgun , hag , but demihake . Who may take away the Gnn or Crosbow from the offender . Shooting in a City or Market . The master commanding the Servant to shoot . Not● . Every man may arrest an offender Hail shot . Who may keep for shoot in guns . Shooting at Fowles , or hares . Licence to shoot at hawks Hawking at unseasonable times Hawking in Corn. Taking Hawks or their egges out of anothers ground . Take or fear hawks Bearing of English hawks . Conceasing of hawks lost . Taking herons . Shooting at heronswith gun or bow By whom , and when Surveyors shal be chosen , six dayes . Surveyor , refusing his office . The charge of a plow-land . What is a plowland . Two men instead of a carriage . Cottager . Casting soyle into the high-way . Sluces to convey the water into the ditch . How and by whom the said penalties shal be levyed , and imployed . The wayes shal be 200● foot broad . Bridges . Notae . Nota. Nota. Horse-stealers . Huy and Cry must be made . Hunting Conies in the night in any Park or VVerren . Quaerel Hunting in the night disguised . Helony . Trespass in Parks . Buckstalls . Keeping of grey hounds setting dog or Nets . None shall hunt but he that hath sufficient living . Notae . Selling deer or bare . Tracing or shooting at Hares . Hunting in Corn. VVithin what time the offenders shal be sued . Juror takeing reward to give his verdict . No juror returned without his addition . Gathering issues not due . The sufficiency of jurors , to enquire of forcible entry . Sufficiency of jurors to enquire of a Riot , Rout , &c. Nota. VVhat persons shall not be retained under a yeer . Refusing to se ve . 〈…〉 ing or taking wages contrary to the Statute . Putting away a servant . The Servant departing from his master . Servants-shal not depart into o●aer towns without testimoniall . No servant shall be relieved without shewing his testimoniall . Counterfeit test monial , Nota. Vndertaking work and not finishing it . VVomen cempelled to serve . Servants imbezelling their Masters goods Taking Apprentices contrary to the Statute . None shall occupy any draft , but which he hath bin an apprentice . A remedy for an apprentice misused by his Master . Nota. Nota. Larceny . Petty Larceny . VVho may be a tanner . A Tanner shall not be a cutter of Leather . How hides shal be used in vanting . Curriers . A Currier shall not use any other trade cutting leather . VVithin what time leather shal be curried . The penalty for not appointing Searchers . A Searcher omitting his duty , or taking bribes . Denying of the office . Denying of Search . Selling leather not registred . Buying leather not sealed or registred . Shoomaker . Mayme . Maintenance inquiry of riots , Routs , &c. Forcible entries by maintenance . Maintenance of suits . Nota. Champertors . Embracers : Chance-medley . Se defendendo . Nota. Nota. Murder . Poisoning . Stabbing . Malt to be theee weeks in the whole time of making . Nota. The number of Malsters may be restrained . A cow shal be kept for 60. sheep . A Cow for i0 . Bea 〈…〉 s feed , & for every two kine a Calf . The day for all Mortuaries . To marry the former husband or wife living is felony . In what place pewter ought to be sold . Maintenance of houses for unlawfull games . Playing as unlawfull games . Person prohibited to play at unlawfull games . Overseers of the poor . The punishment of thosewhich wil not work . The forfeitures for not naming Overseers . ●isturb Preachers . Nota. Saying or singing Mass . Licences to such persons . Goalers 〈◊〉 , handling their prisoners straitly Reliefe of prisoners . Breaking prison . Escape , rescues . Bailement of prisoner Persons not baylable . Two Iustices . Taking ward , &c. By what measure purveyors 〈◊〉 take . When purveyors shal fel timber . Felony in Purveyors . Nota. Charter . Ravish a Maid , &c. Abusing children under ten yeares . Taking a woman against her will. Keeping Recusants in his house Keeping Schoolemaster . Abjurgation . Popish Reliques . Iesuites . Taking stoln goods again . The forfeitures of the Iustices which do not execute this Stat. The number which make a Riot , &c. VVhat makes an unlawfull assembly . 〈◊〉 Rut. Arrest Rioters . Riot . Enquiry of Riots . &c. Certifying of a Riot . The punishment of Riots . Each man shall help to repress Riots . A Iury to enquire of Riots , &c. Maintainance whereby a Riot is not found . Vnlawfull assemblies . Disclosing a commotion wherin one is moved . Rebellious Assembly . Theft . Robbery . Highway . House . Tent or booth . Robbing a-any part of any house by day , of the value of 5. Church or Chappell . Transporting sheep . Estrcals shall be shewed to the party and rooted . Iustices shall view the Sheriffs estreats . Indictment takenin the Sheriffs Turn shall be delivered to the red to the Iust . of Peace . The preparation of the earth for making tile . The length , breadth , & thickness of tile . Searchers of tile . He that hath license to transport corn , shall lade it in one place . Lawfull to transport Corn and Beer . High treason . The punishment . Premunire Misprison . The punishment . Petty treason . The punishment . The forfeitures . The surplusage of the stock . VVho shal beadjudged incorigable bohues to br burned . VVho shall be adjudged Vagabonds and Rogues . VVho shall be adjudged a felon Rogues ought to be conveyed from parish to parish . Outlandish Rogues . Every person shal apprehend rogue . Corrupt Victualls . Victuall shal be sold at reasonable prize . Selling wares , and buying them again Nota. ●one shall 〈…〉 ey or sell 〈…〉 t with ●eigbts & ●easures 〈…〉 gned and 〈…〉 inted . Common weights . Officers shall view & examine weights . Seale weights False VVeights . Countterters of VVeights . Taking , or destroying the egges of VVild Fowle . Denying to sel VVine at the prices assessed . Notes for div A34019-e22620 Vide Stanford ; anciently Felonys include all trespasses , therefore the Iustices of Goale-Delivery have power to hold plea of trespasses against them in prison or upon baile render themselves . Vide 1 Mar. Dier 99. Iustices of assizes held plea of all appeales of Felony or Murder against one in prison by their gene rall commission , so by the same reason to take Indictments . Notes for div A34019-e23130 9 H. 6. 4. 37. 5 Ed. 8. 4 Ed. 4. 44. 5 R. 2. 20. & 7. 29 Ed. 3. 45. 21 Ed. 3. 10. 25 Ed. 3. 21 Ed. 3. 11 Ed. 3. 17 Ed. 3 , 4 25 Ed. 3. 19. 19 H. 6. 22 Edw. 3. 21 H. 5. 38 25 , Ed. 3. 25. 25 Ed. 3. 12. 7. 10 Ed. 4. 17. 3 Ed. 3. 36 21 H. 6. 45. 1 Iac. 25. & 28. Notes for div A34019-e23770 1. Ed. 6. 22 Ed. 3. 35. 21 Ed. 3. Coron . 461. 34 H. 6. 55. 9 Ed. 4. 29. 22 Ed. 3. 35. 9 E. 4. 3. 29. 8 H. 4. 3 H. 7. 
A85670	----	Bouleutērion, or A practical demonstration of county judicatures. Wherein is amply explained the judiciall and ministeriall authority of sheriffs. Together with the original, jurisdiction, and method of keeping all countrey courts. / By Will: Greenwood, philomath. Greenwood, Will. William. 1659 Approx. 1014 KB of XML-encoded text transcribed from 242 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A85670 Wing G1870 Thomason E1789_1 ESTC R209680 99868546 99868546 170372 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. 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. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng County courts -- England -- Early works to 1800. Sheriffs -- England -- Early works to 1800. Coroners -- England -- Early works to 1800. 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Pip Willcox Sampled and proofread 2007-11 Pip Willcox Text and markup reviewed and edited 2008-02 pfs 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 . 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 is no Court of Record , but onely a Court Baron ( though it had in ancient times the cognition of great matters , as may appear by * Glanvile , lib. 1. cap. 23. 4. by Bracton and Britton in diverse places , and by Fleta , lib. 2. cap. 62. but it was abridged by the Statute of Magna Charta , cap. 17. and much more by 1 E. 4. cap. unico . ) therefore pleas holden in this Court by Plaint , nor pleas holden by Writ of Justicies , are not taken as matters of Record , for those pleas are holden by reason of the Court which the Sheriff holdeth by reason of his Office. This Court ( as Dalton reporteth in his Office of Sheriffs ) was ordained for the Sheriff to hold Pleas there for particular or private matters ( under forty shillings ) between party and party . It is now , as it was alwaies , holden once every moneth , upon a day certaine , the moneth being computed according to twenty eight dayes in the moneth , and not according to the Kallander , 9 H 3. c. 35. 2 E. 6. c 25. It holdeth no plea of debt or damages to the value of forty shillings or above , because a Fine is due thereby to the Lord Protector , yet if the debt be forty shillings or above , and the Plaintiff will acknowledge in his Declaration the receit of so much as to bring it within forty shillings , in this case the plaint is good . But if the debt be above forty shillings , as five pounds , the Plaintiff cannot divide this into five severall actions to make this Court hold plea of it , for in this case the Defendant may wage his Law. And of Debt , Detinue , Trespasse , and other actions personall above forty shillings , the Sheriff may hold plea by force of a Writ of Justicies to him directed , for that is in nature of a Commission to him , and is not returnable . Neither doth this Writ alter the nature of the Court , for therein the Sheriff is not Judge , but the Freeholders or Suitors , yet all Judgments shall be pronounced by the Sheriff . This Court may be kept at any place within the County at the pleasure of the Sheriff , but not out of it . Yet the Sheriff of Northumberland ( by the Statute ) is to keep his County Court in the Towne or Castle of Alnewicke , and in no other place . The Sheriff of Sussex ( by the Statute ) is to hold his County Court one time at Chester , and the other time at the Burrough of Lewes , and so to be kept alternis vicibus for ever : And also the Sheriff of the County of Chester is to keep his County Court in the Shire Hall of the sayd County , Daltons Office of Sheriffs , fol. 157. & 158. To this Court all persons dwelling within the County , owe suit by reason of their resiance . No Fine can be imposed in this Court upon any offendor , because it is no Court of Record , Co. 8. 41. & 60. & 11. 43. Fitz. 73. d. But a man may be amerced for a contempt , or a disturbance of the Court , in the presence of the Court. This Court will entertaine no suits for Charters of Land , or for Inheritance , or for Freehold of Land , or any titles of Land , or to make severall plaints upon one entire debt by Bond , or Trespasse Vi & armis , or actions touching life , nor actions to compell one to render an account . The Office of the County Clarke . THe Sheriff being elected , which is done yearly in the morrow after All soules , in the Exchequer Chamber , by the Statutes , 9. E. 2. & 14 E. 3. cap. 7. And his Letters Patents do commonly beare date the sixth day of November , 1 2 E. 4. e. 1. unlesse it be in cases of necessity , that the Court is sorced to adjourne it , Crook fol. 595. ( before the next County day after his election , and discharge of the old Sheriff ) he ought to be very diligent in deputing and constituting a County Clarke , such a one as is sufficient and able to keep the Court , that no corrupt dealing be in it , as he will answer the contrary : and that he be very skilfull in entring the proceedings in it . He ought to be endued with these qualities , according to the description of Fleta , Provideat sibi Vice com' de Clerico circumspecto , & fideli , viro provido , & discreto , & gratioso , humili , pudico , pacifico , & modesto , qui in legibus consuetudinibusque provinciae ; & officio Commit ' Cleric ' se cognoscat , & jura in omnibus teneri affectei , quique sub-balivos in suis erroribus & ambiguis sciat instruere & docere , &c. Which is thus Paraphrased , That a County Clarke ought to be endued and qualified with circumspection , fidelity , providence , humility , peace , and modesty ; and must know himselfe ( or be expert ) in the Lawes and customes of the Countrey , and to have ability to instruct or direct the Bailiffs or other Ministers in dubious things wherein they may erre . He must neither be attracted by price nor lucratory corruption , nor any sinister affection to wander out of the way of right . Qui nec ( as Bracton adviseth ) ad dextram nec ad sinistram , vel propter prosperitatem terrenam , vel adversitatis metum à tramite justiciae declinet . The Sheriff ( and not the Protector ) hath power to delegate this Office to whom he pleaseth , as it appears in Myttons case in the fourth Reports ; where Queen Elizabeth by Letters Patents did grant the Office of Clarkship of the County Court of Somerset to Mytton , with all Fees , &c. for life . Arthur Hopton Esquire , Sheriff of the same Shire interrupted him , because it was incident to his Office. Mitton complained to the Lords of the Councell , and was referred to the two chiefe 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 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 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. 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 . 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 . 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. 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 . 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 . 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. 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 . 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 charge ; and so it is in every case , where the Action varies from the bargain or speciall matter . 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 sor want of a good Plea. Prac. reg . fo . 235. 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. 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 . 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 . 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 . 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 . 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. 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 . 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. 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 . 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 . 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 . 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 . 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. 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 . If the Action be brought against an Executor or Administrator , the ordinary Plea is , that he never was Executor , or hath fully Administred , &c. 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 . If upon an Arbitrament ; That there was no Arbitrament legally made , or That he hath performed the Award . 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. 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 before Action brought , That the De-fendant did deliver it to him as Pledge for ten shillings which he hath not paid , &c. To an Action of the case for Slander : Not guilty , or Justifie the words . Cafe upon a Warranty : That he did not warrant . Upon a Bond or Bill , plead ; Conditions performed , by Threats , Duresse , Imprisonment , &c. Upon a Demise : Not demised . To Trespass : Not guilty , an Arbitrament , Tender of amends before the Action brought , &c. 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 . 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 . 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 , 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 . 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 . 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 . 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 . 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 . 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 . 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 . 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. 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. 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 . 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 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 . 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 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 . 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 , Pales , 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 . THis Writ issueth out of the Chancery , directed to the Sheriff , giving him power to hold Plea in this Court , in Actions for forty shillings or above : and though it be directed to the Sheriff , yet are the Suitors Judges . It is called a Justices , because it is a Commission ( and no originall ) to the Sheriff to do a man Justice and Right , and though it be quod Justices B. yet the Sheriff is not Judge therein , but the Suitors , and a Writ of false Judgment lyeth upon their erroneous Judgment , and it requires no return , unlesse the Action be removed by a Writ of Recordare , and then the Writ must be returned , together with the Record , The form of the Precept upon the Writ , is as followeth . Yo. ss . G. M. Esq Sheriff of the said County to all and singular my Bayliffs within the said County , and to their Deputies greeting . By vertue of a Writ of Justicies of Oliver Lord Protector , &c. to me directed : I command you and every one of you joyntly and severally , that you or some of you do Justice to I. C. so that he be and appear at my next County Court to be holden at the Castle of Y. on Munday , &c. to answer unto E. L. in an Action of debt , and that you or some of you certifie your doings herein . Sealed with the Seal of my office the two and twentieth day of August in the year of our Lord , 1657. By the Sheriff . A Replevin . IF any goods be taken wrongfully ( as before I have more at large declared ) then the party grieved , may have a Replevin , which must be made after this manner . Yo. ss . G. M. Esq Sheriff , &c. to all and every my Bayliffs , &c. greeting . Because G. A. hath comed before me , and given sufficient security to prosecute his Suit , and make return of his goods , if return thereof shall be adjudged . Therefore by vertue of my Office , I command you , and every of you , that you or some of you Replevie & deliver to the aforesaid G. A. two kine , which H. H. hath taken and unjustly detained against the said G. A. and his Pledges and also that you summon , and take safe Pledges of the said H. H. so that he be and appear at the Castle of Y. at the next County Court , there to be holden upon Munday , &c. to answer the aforesaid G. A. in an Action for the taking , and unjust detaining of his said goods : and that you or some of you then and there make return of your doings , together with this Precept . Given under the Seal of my Office , &c. And if the Cattell be not delivered by vertue of the said Replevin , then the Plaintiff may have an Alias Replevin , with these words vel causam mihi signifie . with which Replevin must be made after this manner . Yo. ss . Alias . Replevin . G. M. Esq &c. to all and singular my Bayliffs , &c. greeting . Because G. A. hath comed before me and given sufficient security to prosecute his Suit , and make return of his goods , if return thereof shall be adjudged ; Therefore by vertue of my Office , I command you , and every of you , as formerly I have commanded you , that you or some of you Replevie , and deliver to the said G. A. two Kine , ( without delay you cause to be replevied , or the cause to me you signifie wherefore my Mandates to you therefore directed , execute you would not , or might not ) which H. H. hath taken and unjustly detained , &c. as before in the other Replevin . And if the Cattell be not delivered upon this Replevin , nor shew sufficient cause why he did not : then the Party may have a Plures Replevin , vel causam mihi signific . which must be made verbatim as the Alias Replevin was made ; and if return be made upon any of these Replevins , quod averia elongat . sunt ad loca sibi ignot . ita quod averia ill ' praef . G. A. non potuit deliberar . then the Plaintiff may have a Withernam , which must be made in this manner . Yo. ss . Withernam . G. M. Esq &c. to all , &c. greeting . Because G. A. hath com'd before me , &c. ( as in the former ) I command you and every of you , as diverse times I have commanded you , that you or some of you replevie and deliver to the said G. A. two Kine , which H. H. hath taken and unjustly detained , and doth unjustly detain as it is said , and that you upon diverse of my Precepts for Replevie to be made to you directed , we have certified , that the same two Kine elongated are to places unknown , so that view of the same have you could not ; therefore I charge , and also command , that you take in Withernam Chattells to the value of the said two Kine , of the Chattels of the said H. H. to be delivered to the said G. A. for the two Kine aforesaid elongated , and also that you summon and take safe Pledges of the said H. H. so that he be and appear , &c. as before in the Replevin . Yo. ss . Alias capias in Withernam . G. M. Esq &c. to all , &c. greeting . Because you have at my County Court held at the Castle of Y. on Munday , &c. the year , &c. to me returned : that by vertue of my Warrant to you many times directed , you came to the Pound of H. H. to the place where the two Kine aforesaid impounded and detained were by the said H. H. and these two Kine going and elongated were before your coming out of the Pound aforesaid , to places to you unknown , by the aforesaid H. H. for which the two Kine aforesaid Replevie you could not ; wherefore it is considered by the Court. willing to meet with the malice of him the said H. H. that the Beasts of the said H. H. be taken in Withernam to the value , &c. and these to the aforesaid G. A. be delivered safely and surely to be kept , untill to the same G. A. his Beasts aforesaid according to Law , you can Replevy , and according to the tenure of my Mandate aforesaid . Therefore you and every of you , joyntly and severally I command , that you take , or , &c. the Beasts of the aforesaid H. H. to the value , &c. in Withernam , and these to the aforesaid G. A. to be delivered , you cause , or , &c. safely and securely to be kept untill , &c. and distrain you , or , &c. the aforesaid H. H. so that he be at the Castle of Y. at the next County Court to be held on , &c. to answer the aforesaid G A. in the Plea aforesaid , and the answer of my Precept known , make you , &c. at the next Court , Given under the Seal of my Office , such day and year , &c. Note that when a Replevin is granted , there must be a Bond taken of him to whom it is granted , or of some other for him , with one or two sureties , to appear at the next Court , and to prosecute his Suit with effect , or else it may be prejudiciall both to the Grantor of the Replevin , and to the Executioner thereof , and the form of that Bond , and Condition thereof is this . An Obligation upon a Replevin . Know all men by these presents , that we G. A. of Skipton in Craven in the County of Y. Gent. and I. B. of the same Town and County , Yeomen , are held and firmly obliged to G. M. Esq Sheriff of the County aforesaid in the summe of 100 l. of lawfull mony of England , to be paid to the said G. M. or his certain Attorney , his Executors or Assigns , to which payment well and truly to be made , we bind us , our heirs , Executors and Administrators , firmly by these presents , with our Seals sealed , Dated the tenth day of July , in the year of our Lord 1656. The Condition of this Obligation is such , That if G. A. do appear at my next County Court to be holden for the County of Y. at the Castle of Y. on Munday the , &c. next , and do prosecute there with effect his Suit which he hath commenced against H. H. for the taking and unjust detaining of two kine of the goods of him the said G. A. and to make return of the goods ; if return of the same shall be adjudged : That then this present Obligation shall be void and of none effect , &c. Or thus . The Condition , &c. that whereas G. A. hath obtained from the above named Sheriff , a Replevin for the delivering of two kine and other goods distrained , and detained by H. H. and others , if therefore the said G. A. do prosecute his Suit upon the said Replevin with effect , and do make return of the goods , if return thereof shall be adjudged ; and also to save and keep harmlesse the said Sheriff , by reason of the said Replevin , to him granted , as aforesaid , That then this present Obligation to be void , &c. A Tolt . TOlt , comes from the Latine word tollo , viz. to take away : It is a Precept by which a cause depending in a Weapentake , or Hundred Court , or other inferiour Court Baron , may be from thence removed into this Court ; The form is this . Yo. ss . I. B. Esq Sheriff of the County aforesaid , to the Stewards , and also to the Bayliff of the Hundred of H : greeting ; Whereas I am informed that you are favorable , and not equall in a certain Plaint depending before you in your Court , between W. A. Plaintiff , and R. M. Defendant : therefore on the behalf of his Highnesse the Lord Protector , and by vertue of my office , I command you and either of you , that you take the Plaint so depending before you in your Court between the said parties , so that I may have the same at my next County Court to be held at the Castle of Y. on Munday , &c. next , in the same state and Condition , as it is now depending before you : and that you give notice to the said parties of the same day , that they may be there ready to prosecute the said Plaint , as to Justice and Right shall appertain , and that in further prosecution of the said Plaint in your Court , you altogether supersede , and no further proceed therein ; and this , &c. given under the Seal of my Office , the , &c. The return . Hundred of H. ss . At the Court Baron holden at W. within the Hundred of H. aforesaid , upon Wednesday the last day of Iuly , the year , &c. in the time of I. B. Esq Sheriff of the County aforesaid . The Plaint . W. A. Plaintiff , complains of R. M. Defendant in a Plea of debt , damages twenty shillings . By vertue of this Precept to us directed , to be recorded and taken , we have caused the Plaint depending before us in our Court , betwixt the parties above named , and in the same state and condition , as it is now depending ; and to the same parties we have prefixed and given notice , that they be at the County Court within written , at the day and place within mentioned , to prosecute the said Plaint , as to Justice and Right shall appertain , and as this Precept exacts and requires ; In testimony whereof we have hereunto set our Hands and Seals , &c. I. S. Steward . T. L. Bayliff . Judiciall Processe . JUdiciall Processe issue out after Judgment , either by default , or Nihil dicit against the Defendant ; or Non-suit against the Plaintiff : The form of Judiciall Processe or a Fieri facias is this . Y. ss . I. B. Esq Sheriff , &c. to all and singular my Bayliffs , &c. greeting . I command you and every one of you joyntly and severally , that of the Goods and Chattels of T. B. you or some of you cause to be made as well a certain debt of thirty shillings which H. S. in my County Court hath recovered against him ; as also 13 s. and 10 d. which to the said H. S. in the same Court were adjudged for his costs and charges about his Suit in this behalf expended , and have you the mony at the Castle of Y. at my next County Court there to be holden upon Munday , &c. to render to the said H. S. of the debt and damages aforesaid : whereof he is convict . And this given under the Seal of my Office , &c. I. B. Esq Sheriff , &c. to all and singular my Bayliffs , &c. greeting . I command you and every of you , joyntly and severally , that you or some of you levy of the goods and chattels which late were W. W. deceased , at the time of his death , and now remaining in the hands of I. W. Executor of the Testament of the said W. W. and not administred of , as well a certain debt of 40 l. which T. L. in my County Court by vertue of a Writ of Justicies recovered against him : as also 20 s. which to the said T. L. in the same Court was adjudged for his costs and damages , which he sustained by reason of the detaining of the said debt ; If the said I. W. Executor of the Testament of the said W. W. have so much goods or chattels in his hand , which were the said W. W. at the time of his death sufficient to satisfie the debt and damages aforesaid : If he have not so much goods or chattels in his hands which were the said W. W. at the time of his death sufficient to satisfie the said T. L. of the debt and damages aforesaid ; That then you or some of you levy of the proper goods and chattels of the said I. W. the damages and costs aforesaid , so that I may have the said mony at my next County Court , to be holden at the Castle of Y. &c. to render to the said T. L. the debt and damages aforesaid , whereof he is convict . And this given under the Seal of my Office , the , &c. I. B. Esq &c. to all and singular my Bayliffs , &c. greeting . I command you and every of you , that of the goods and chattels of T. O. you levy 20 s. which S. D. in the County Court ( according to a Statute provided in that case ) were adjudged for his costs and damages , which he sustained in his own defence in a certain Plea of debt , which the said S. D. against the said T O. of late brought , because the said T. O. did not prosecute his Suit , but was thereupon non-suited and convicted : so that I may have the mony at my next County Court at the Castle of Y. holden on Munday , &c. next , to satisfie the aforesaid S. D. of his costs and damages aforesaid ; And this , &c. Given under the Seal of my Office the , &c. I. B. Esq &c. to all , &c. greeting . I command you that of the goods and chattels of T. C. you levy 40 s. which to P. P. in my County Court , were adjudged for his damages which he sustained in his own defence , in a Plea of debt , by the said W. against him the said P. P. lately brought , whereof the said P. P. was quieted , and by Verdict of his Country , whereof the said T. C. was convict : & have you the mony at my next County Court , to be holden at the Castle of Y. on Munday , &c. to satisfie the said P. P. of his damages aforesaid . And this , &c. given under the seal of my office , &c. I. B. Esq &c. to all , &c. greeting . I command you and every of you joyntly and severally , that of the goods and chattels which late were of E. S. Esq who dyed intestate as it is said , and now in the hands of R. M. Gent. and A. his wife Administratrix of the goods and chattels which were the said E. S. at the time of his death remaining to be administred ; you cause to be made as well a certain debt of 4 l. which I. W. hath recovered against the said E. S. in my County Court as 30 s. which to him the said I. W. in my same Court were adjudged for his costs and damages which he had ( by occasion of detaining of the same debt ) by vertue of a Writ of Justices , so that I may have the said mony at my next County Court to be holden at the Castle of Y. &c. to render the aforesaid I. W. of the debt and damages aforesaid , whereof the aforesaid E. S. was convict , And whereupon it was considered in my same Court that the aforesaid I. W. should have Execution against the aforesaid R. M. &c. of the debt and damages aforesaid , of the goods and chattels aforesaid by his the said R. M. his default . And this given under the seal of my office the , &c. I. B. Esq &c. to all & singular my Bayliffs , &c. greeting . I command you and every one of you joyntly and severally , especiall to F. P. Bayliff of the Liberty of S. and his Deputies , who hath the goods taken upon an Execution issuing out of this Court , that those twenty weather Sheep , of which , each , you cause to be apprised at eight shillings , of the goods of I. C. Esq which you took and remain in your hands unsold for want of buyers , as you your self returned to my Court , you expose to sale , and the mony thereof , which in the whole amounts to eight pounds , you have at my next County Court at the Castle of Y. holden on Munday the tenth day of May next , to render to W. G. which to him the said W. G. in my Court were adjudged for his damages which he had by occasion of a certain Trespasse to him committed by the aforesaid I. C , brought , whereof he is convict . And this given under the Seal of my Office the 18 day of October in the year of our Lord 1657. By the Sheriff . Of a Scire Facias . IF a Fieri facias do not issue out within a year and a day , after Judgment entered ; it cannot be had till there be a Scire facias first sued out to summon the Defendant to shew cause why Execution should not be done , and if now he neglect to answer , or cannot be found to be summoned , then a second Judgment shall be given , that that Execution be done of the first Judgment . If Judgment be given against a Testator , albeit it be within a year after . Judgment had ; yet there must first issue out a Scire facias , against the Executor or Administrator ( before Execution ) to shew cause why it should not be had . Or if a man recover against a Feme-sole , and she become covert , viz. take a Husband within the year and the day ; then he that shall recover must have a Scire facias against the Husband . Scire facias , post diem & annum . I. B. Esq Sheriff , &c. greeting . Whereas W. F. of late in the Court of the aforesaid County , by Judgment in the said Court of the County aforesaid , held at the Castle of X , on Munday the tenth day of February 1654. before the Suitors of the said Court , recovered against G. L. as well a certain debt of thirty two shillings , which the said W. F. in the same Court recovered against him , as thirteen shillings and ten pence , which to the said W. F. in the same Court were adjudged for his damages , which he sustained by the occasion of the detaining of the debt , of which he is convicted , for as by the proceedings from thence in the same Court residing , notwithstanding the manifest Execution of the aforesaid Judgment remains to be done , as by insinuation , the aforesaid W. F. hath recovered . And because that I will that those things which were in the said Court be rightly done , to demand due of the said Iudgment ; Therefore I command you that by honest and lawfull men of my Bayliwick , you give notice to the aforesaid G. L. that he be at the Castle of Y. at my next County Court , there to be holden upon Munday the third day of May next , to shew if he have any thing to say , or no , why the said W. F. ought not to have his Levy or Execution against him , according to the force , form , and effect of the said Recovery , if it seem expedient to him , and have you then and there the names of them , by whom you give him notice , and have this Precept , &c. Given under the Seal of my Office the fourth day of Aprill ; in the year of our Lord 1656. Scire facias against an Executor , after Judgment against the Testator . I. B. Esq Sheriff , &c. greeting . Whereas N. N. late in the County Court of the said County held at the Castle of Y. on Munday , &c. before the then Sheriff of the said County , by Iudgment of the said Court , had recovered against H. N. as well a debt of forty pounds , as two and twenty shillings and two pence costs , for his damages which he sustained by reason of the detaining of the said debt ; whereof he is convict , as appears by the Proceedings remaining in the said Court. And whereas the Execution of the Judgment yet remaineth to be done , and the said H. N. since the giving of the Judgment aforesaid is dead , as by the intimation of the said N. N. I am informed . And because I am willing that those things , which are rightly done in the said Court , should be duly put in Execution ; I command you that by honest and lawfull men of the said County , you make it known to F. N. Executrix of the Testament of the said H. N. that she be at the next County Court to be holden for the said County at the Castle of Y. on Munday , &c. to shew if she have any thing , or know what to say , why the said N. N. ought not to have his Execution against her of the debt and damages aforesaid , to be levied of the Goods and Chattels which were of the said H. N. at the time of his death , and further to do and recieve , &c. Given under the Seal of my Office , &c. Scire facias after marriage . I B. Esq Sheriff , &c. greeting . Whereas A. B. late in my County Court held at the Castle , &c. before the Suitors of the said Court had recovered against C. D. as well a certain debt of forty pounds as forty shillings , which to the said A. B. in the said Court were adjudged for the costs and damages , which she had by occasion of the detaining of the debt whereof he is convicted , as by the Proceedings thereof in the same Court before the said Suitors remaining manifestly appeareth . Neverthelesse Execution of the said Judgment remaineth yet undone . And the said A. B. since the Judgment aforesaid given , hath taken to Husband T. R. as by the allegation of the said A. B. I am given to understand , and because I will that those things which are rightly acted in my said Court be duly put in Execution , I command you that by honest and lawfull men of your Bailiwick you give notice , and make known to the said C. D. that he be at my next County Court holden at , &c. to shew , that if he hath or knoweth any thing to say , or no , for himself , wherefore the said T. R. should not have execution of the said judgement of the debt and damages aforesaid , according to the form and effect of the recovery aforesaid , if to him it shall seem expedient , and have you there the names of them by whom you give him notice , and make known to him , and have this precept , &c. Given under the seal of my Office the 4. day of Iune , in the year of our Lord 1658. Venire facias Jurator . I. B. Esquire , Sheriff of the County aforesaid , to the Bayliff of the hundred of O or his Deputy greeting . I command you , and every of you , that you cause to come before me , or my lawfull Steward , by me appointed for the County Court to be holden at the Castle of Y. on Monday the , &c All those severall persons mentioned in the pannel hereunto annexed , to trie such several issues between party and party , as shall then and there be given them in charge . And hereof you must not fail , as each of you will answer the contrary at your perils , together with this precept . Given under the seal of my Office , &c. Or thus . I. B. Esquire , &c. These are to require you the said Bailiff , to cause to come twelve good and lawfull men of your Bailiwick , that they be and appear at the next County Court holden at the castle of Y. on Monday , &c. by 9 of the clock in the forenoon to trie an issue joined between A. B. plaintiff , and C. D. desendant concerning a plea of debt . ( or as the case is ) And this given under the seal of my Office , &c. And if a full Iury do not appear , then as many as make default , shall be amerced , and a Decem tales awarded to summon ten more as followeth , and the same day given to the first Iury. Decem tales . I. B. Esq &c. These are to require you the said Bayliss , to cause to come ten more good and lawfull men of your Bayliwick , that they be here at the next County Court holden at the Castle of Y. on Munday , &c. with others , which to them shall be adjoyned , to try a certain Issue joyned between A. B. Plaintiff , and C. D. Defendant of a Plea of Debt , &c. And as many of these as make default shall be amerced , and then an Octo tales shall be awarded , and if necessity require it afterwards a Sex tales . Subpoena , or a Warrant to summon Witnesses . I. B. Esq Sheriff of the County aforesaid , to I. B. I. G. &c. greeting To you and every of you I command , that ( all excuses and delayes being set apart ) you and every of you be and personally appear at the next County Court holden at the Castle of Y. on Munday the 10. day of Iune next , to testifie the truth according to your knowledge in a certain Action there depending between A. B. Plaintiff , and C. D. Defendant , on the part and behalf of the Plaintiff , in an Action of debt . And hereof fail you not , under the forseiture of one hundred pounds each of you . And this given under the Seal of my Office , the , &c. A Liberate to deliver goods taken upon Originall or mean Processe . I. B. Esq Sheriff of the County aforesaid , To all and singular my Bayliffs within the said County , and their Deputies , especially to A. B. greeting , For as much as S. V. hath appeared by his Attorney in this Court to answer W. N. of an Action of debt . These are therefore to will and require you immediatly upon the sight hereof to deliver , or cause to be delivered unto the said S. V. Two kine of the goods of him the said S. V. which you have distrained , and do keep by vertue of my Warrant from this Court directed , at the Suit of the said W. N. Fail you not hereof , as you will answer the contrary . Given under the Seal of my Office , &c. A Precept upon a Proclamation . I. B. Esq Sheriff , &c. to the Bayliff of the Hundred of B. and to his Deputies greeting . By vertue of a Proclamation upon Exigent to me directed , I command you and every of you , that you or some of you make two severall Proclamations . The one to be made at the generall quarter Sessions of the Peace to be holden for the North-riding of the County of Y. And the other to be made at the Parish Church door after divine service , where the severall persons under-written live , and that they and every one of them yeeld their bodies to me the Sheriff of the said County , where the Exigent lyeth , to answer the person at whose Suit the Exigent is against them . And hereof fail not at your perill . Given under the Seal of my Office , the two and twentieth day of August in the year of our Lord 1658. At the Election of the Coroner , he is to be sworn in Court , by the County Clark , for the due Execution of his Office. In this manner . You shall swear , that you well and truly shall serve his Highnesse the Lord Protector , and the Common-wealth in the Office of a Coroner : and as one of his Highnesse Coroners of the County of Y. and therein you shall truly & diligently do , and accomplish all and every thing and things appertaining to your Office , after the best of your cunning , wit , and power , both for the profit and good of the Inhabitants within the said County , taking such Fees , as you ought to take by the Laws and Statutes of this Common-wealth , and not otherwise ; so help you God. The Oath of an Attorney in this Court. YOu shall do no falshood , nor consent to any to be done in the Court , and if you know of any to be done , you shall give knowledge thereof to the Steward , or county Clerk , that the same may be reformed ; you shall delay no man for lucre , or malice ; you shall increase no fees , but shall be content with the old fees accustomed ; you shall suffer no forreign or illegal suits to hurt any man , nor plead or cause to be pleaded any forreign plea , but such as shall stand with the order of the law and your conscience ; you shall seal all such processe as you shall sue out of this Court with the seal thereof ; you shall not procure to be sued any false suit , nor give aid nor consent to the same . And lastly , you shall use your selfe in the office of an Attorney within this Court according to your learning and discretion . So help you God. A Warrant of Attorney . To S. D. one of the Attorneys of the County Court for the County of Y. &c. I A. B. do hereby desire you , and do give you full power , license , and authority , to appear for me , and for , &c. in your said Court on Monday , &c. in an action of debt , for , &c. at the suit of E. D. upon an obligation , conditioned for the payment of , &c. in which said obligation I stand bound as principal . And this shall be your sufficient warrant in that behalfe . In witnesse , &c. Bond for appearance . It hath been formerly used to take a bond of the defendant for his appearance in this Court : the form of the condition is thus . THe condition , &c. That if the above bounden E T. do appear at the next County Court to be holden at the Castle of Y. on monday the first day of Ianuary next to answer H. B. in a plea of debt , and do also stand to such order as the Court in that behalfe shall set down and adjudge according to law . That then this present obligation to be void &c. A sale of Goods to the Plaintiff levied upon a Fieri facias , by the Sheriffs Bailiffe . KNow all men by these presents , That I , G. B. of Skipton in Craven , Bailiffe of the Liberty or Weapentake of Slaincliffe in the County of Y. By vertue , of a precept of Fieri facias from the Sheriff to me directed , have levied of the goods and chattels of , &c. the sum of , &c. 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. The Fees to the County Clark.   l. s d. FOr every Distringas 00-00-08 Every speciall Distringas 00-01-08 Duces tecum 00-00 08 A speciall Duces tecum 00-01-08 The Writ of Justicies 00-02-06 The Precept upon the Writ of Justicies 00-02-04 A speciall Precept upon the Writ of Justic . 00-04-04 A Replevin 00-02-04 A speciall Replevin 00-05-04 The Bond upon the Replevin 00-01-00 Subpoena , for Witnesses 00-00-08 Venire facias 00-02-00 Habeas corpora 00-02-00 Fieri facias 00-02-00 Capias in Withernam 00-05-04 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 . Fees to the Attorney . 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 Fees to the Bayliff for executing of Processe . 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 . 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 . 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. 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 . 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 . 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. 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 . A. B. complaines of C. D. in a Plea of taking of the Beasts of him the said A. B. in testimony of which matter , E. B. S. D. I. W. and I. R. four legall men of those who at the Record present were in full Court at the Castle of Y. in the County aforesaid , the tenth day of Aug in the year , &c. to the same Record their Seals severally have put the day and year abovesaid . Note , that though the Plea be discontinued in the County , yet the Plaintiff or Defendant may remove the Plaint into the Common Pleas or Upper Bench by a Recordare , &c. and it shall be good , and he shall declare upon the same . And the Court shall hold Plea upon the fame Plaint ; for if the Plaint be continued in the County , and issue joyned upon it , yet nothing shall be removed but only the Plaint , and in the Common Pleas the Plaintiff may declare anew , &c. Likewise if the Recordare bear date before the Plaint was entred in the County , it is good enough , and the Record is well removed . The nature of a Pone . A Pone doth nothing differ from a Recordare , but that a Pone is allwayes to remove such Suits as are before the Sheriff by Writ of Iusticies , and not by Plaint onely ; but the Recordare is to remove the Suit that is by Plaint onely without Writ . F. N. B. 70. 11. By vertue of this Writ to me directed , I have put before the Justices , &c. of the Common Bench at Westminster , the Plea which is in my County by Writ of his Highness the Lord Protector of Iusticies , betwixt A. B. and C. D. of a Plea of debt , as it is said , as it appeareth in a certain Schedule to this Writ annexed , &c. At my County Court held at the Castle of Y. in the County aforesaid , upon Munday the twelfth day of August , in the year of our Lord 1658. &c. A. B. complaineth of C. D. of a Plea of debt , in testimony of which matter , R. L. S. R. T. O. and S. D. four legall men of those who at the Record present were in full Court their seals severally have put , the day and year abovesaid . A. B. complaineth of C. D. of a plea of debt , 20 l. That if a plea be removed by Pone at the suit of the Defendant , or Plaintiff , and afterwards they proceed in this Court in the plea , and give judgement and award execution , &c. then the Defendant , or he against whom the judgement was given , and execution awarded shall have an attachment against the Sheriff directed to the Coroner , to answer as well his Highness the Lord Protector , for the contempt , as the party his damages , &c. Of the Writ of Prohibition . THe Writ of Prohibition is of the same nature of a Recordare , and a Pone , but not in use . Of the Consultation , or Procedendo . THese two Writs are both of one nature , though the Writ of Consultation be obsolete , and the writ of Procedendo stept up into its place ; it lieth where a cause hath been formerly removed by Pone or Recordare from this Court into the Vpper Bench , or Common Pleas , and for want of sufficient cause of removeall is sent back again , Fitz. old Natura brevium 50. The nature of a Writ of False Judgement . A Writ of salfe Iudgement lieth where an erroneous Judgement is given in this Court , ( being no Court of Record ) then the party grieved by the Judgment , may have this Writ , and remove all processe of the suit into the Common Bench , and there it shall be examined , if it be found erroneous , the Judgement shall be reversed , and the suiters of the Court who gave the Judgement amerced . Note , that a Writ of false Judgement lieth not , but in a Court where there are Suitors ; for if there be no Suitors there , the Record cannot be certified by them , F. N. B. 43. H. By vertue of this Writ to me directed , to be Recorded , I have caused the Plea ( which is in my County ) together with the proceedings and the Judgement , betwixt the parties beneath , and to the same parties day have prefixed , to be before the Justices within written , at the day & place within contained , as the Writ exacts and requires , which plea with the proceedings and judgment , appeareth in a certain Schedule to this Writ annexed . A Plaint by Writ in the County Court , holden at the Castle of Y. in the County aforesaid , on Monday the 23. day of August , the year , &c. before the Suitors of the same Court , in the time of I. B. Esquire , Sheriff of the County aforesaid , according to the Customs and Priviledges of the same Court ( time whereof the memory of man is not to the contrary ) have been used and approved in the same . At this Court came A. B. in his proper person , and brought here into Court a Writ of his Highnesse the Lord Protector of Iusticies , which said Writ follows in these words : O LIVER Lord Protector of , &c. To the Sheriff of Y. greeting . A. B. hath complained to us , that C. D. upon him the said A. B. at the Castle of Y. hath made an assault , and hath beaten , wounded , and evil intreated him , so that of his life it was despaired , and hath done him other wrongs , to the great damage and grievance of the said A. B. and therefore we command you , that you hear the said plaint , and after cause them to be therefore brought to justice for the same , that we hear no more complaint therein for want of justice . Witnesse our selves at Westminster the 10. day of August in the year of our Lord 1656. And thereupon found Pledges to prosecute the said plaint , that is to say , Io. Doo . and Ric. Roo . And thereupon the said A. B. put in his place S. D his Attorney in the plaint aforesaid , and by his said Attorney required processe to be made to him upon the same : And it was commanded by the said I. B. Esquire , Sheriff of the said County , to all and singular his Bailiffs jointly and severally , and their Deputies , that they or some of them should do justice to the said C. D. so that he should be and appear at the next County Court to be holden at the Castle of Y. on Monday the 20. day of September , then next in the year aforesaid , to answer the said A. B. in the plaint aforesaid . At which day came the said A. B. by his Attorney aforesaid , and offered himselfe against the said C. D. in the plaint aforesaid ; and then and there came I. P. one of the Bailiffs in the County aforesaid , of the said I. B. Sheriff of the said County , and returned the said precept so directed as aforesaid , served and executed on him : and the said C. D. did Essoin , because he could not come until the next County Court , to be holden at the Castle aforesaid , at which said next Court ( viz. ) on Monday the 10 , day of October then next following , in the year abovesaid , came the aforesaid A. B. by his Attorney aforesaid , and offered himself against the said C. D. in the plaint aforesaid , and the said C. D. then and there came in his proper person to answer the aforesaid A. B. in the plaint aforesaid , and put in his place I. R. his Attorney against the said A. B. in the plaint aforesaid , and by his said Attorney desired of the said Court , that the said A. B. should declare against him upon his said plaint : and thereupon the said A. B. by his Attorney aforesaid declared against the said C. D. upon the plaint aforesaid in manner and form following . A. B. By vertue of a writ of Iusticies by S. D. his Attorney complains of C. D. of an action of trespasse and assault , for that the said C. D. the 10. day of October in the year , &c. at the Castle , &c. in and upon the aforesaid A. B. did make an assault and affray , and him did beat , wound , and evil intreat so that he did despair of his life , and other harms did do unto him , to the great damage of the said A. B. wherefore the said A. B. saith he is damnified to the value of 20 l. and thereupon brings this action , &c. Whereupon at the same Court , at the request of the Defendant , day was given to the said parties in the plaint aforesaid , till the next county Court , to be holden before the suitors aforesaid on Monday the 15. day of November then next following , saving to the Defendant , &c. at which day at the said Court before the suitors aforesaid , holden at the Castle of Y. aforesaid , came aswell the said A. B. by his Attorney aforesaid , as the said C. D. by his Attorney aforesaid , and then and there the said I. B. Esquire , was removed from the office of Sheriff of the County aforesaid , and R. L. Esquire was duly elected , and did enter into the said office of Sheriff of the County of Y. aforesaid , whereupon at the same Court , at the request of the parties , further day was given to the said parties in the plaint aforesaid , until the next County Court , on Monday the 13. day of December then next following , in the year abovesaid , to be holden before the suitors aforesaid , saving to the parties , &c. at which day , at the said Court , before the suitors aforesaid , holden at the Castle aforesaid , came aswell the said A. B. by his said Attorney , as the said C. D. by his Attorney aforesaid , And the said C. D. by his Attoruey aforesaid , came and defended the injury when , &c. And the said Attorney said that he was not informed by his said Clyent of any answer for him the said C. D. to the said A. B. in the plaint aforesaid to be given , whereby the said A. B. did remain against the said C. D. thereupon without defence , for which the said A. B. ought to recover against the said C. D. his damages by occasion of the trespasse , and assault , and wounding aforesaid ; but because it was not known to the Court what damages the said A. B. had sustained by reason of the premises : therefore at the next County Court holden at the Castle of Y. aforesaid , in the County aforesaid , before the Suitors aforesaid , upon Monday the 10. day of Ianuary then next following in the year aforesaid , it was required by the oaths of I. W. R. S. S. G. M. L. T. P. &c. twelve good and lawfull men of the County aforesaid , being present in the Court , and in the full County sworn to inquire what damages the said A. B. sustained by occasion of the trespass & assault & wounding say upon their oaths that the said A. B. hath sustained damages by occasion of the trespass & assault , and wounding , to ten pounds , and for his costs and charges by him in that behalfe expended to two pence , therefore it was considered by the said Court , that the said A. B. should recover against the said C. D. his damages and costs aforesaid , by the Jurors aforesaid , in form aforesaid assessed ; and also forty shillings by the Court aforesaid , to the said A. B. by his assent , for increase of costs to him adjudged , which said damages and costs do amount to twelve pounds and two pence . And the said C. D. in mercy , &c. In testimony whereof , &c. The nature of an Accedeas ad curiam . THis Writ issues out of the Chancery , directed to the Sheriff , commanding him to go to such a Court of some Lord or Franchife , as Court-Baron , or the like ( being no Court of Record ) where a Plaint is sued , or a false judgement is supposed to be given in some suit , which hath been in the Court , and by this the Sheriff is there to make Record of the same suit , in the presence of the Suitors of the same Court , and four lawfull men of the County , and of this he is to make a Certificate into the Court above under his seal , and the seals of four of the Suitors of the same Court , at the day appointed by the writ , F. N. B. 71. Plowden 74. Finch . 444. This Writ cannot be had without shewing some special cause for the removing of it : as that a Freehold is in question there , or some forreign plea is pleaded not triable in that Court , or such like , F. N. B. 70. 119. The County Clerk is to make a precept upon the Writ in this manner : Yo ss . I. B. Esquire , Sheriff of the County of Y. To the Steward and Bailiff of the Court of the Honour of P. greeting . I command you by vertue of a Writ to me directed , that you take with you four discreet and lawfull Freeholders of the County aforesaid , and that you go to the Court aforesaid , and in full Court there cause the Plaint to be recorded , which is in the same Court without Writ , between R S. and G. M. of a certain trespasse upon the case brought by the said R. S. against the said G. M. as is aforesaid , And that you certifie the Record to me , so that I may have the same before the Justices of the Common Bench at Westminster , from the day of the holy Trinity in fifteen days under your seals , and the seals of four lawful men of the said Court , of those that shall be present at the Record , and that you prefix the same day to the parties , that then they be there ready to proceed in the said plaint as shall be just , and have you the names of the said four men , and this Precept ; fail not hereof , &c. Given under the Seal of my Office this second day of Iune , in the year of our Lord , 1656. By the Sheriff . Honour of P. ss . The Court Baron of G. S. I. K. &c. holden at P. for the honour of P. the 12. day of June in the year of our Lord 1656. before I. H. T. H. I. G. and R. H. suicors of the said Court. R. S. complains against I. N. of a plea of Trespasse upon the case , to the damage of 30 s. By vertue of this Writ to me directed at the Court aforesaid holden the day and year abovesaid , in full Court there to be recorded , I have caused the plaint , of which within is made mention , which plaint doth appear above written ; and that Record I have returned , sealed with my seal , and the seals of the aforenamed four lawful men , being in the said Court present at the said Record ; And to the parties within written , I have prefixed the day , in the Writ specified , that then they be ready to proceed , as just it may be in the said plaint , as within to me is commanded . W. O. Steward . I. H. T. H. I. G. R. H. Suitors . By vertue of this Writ to me directed in form within written , I came to the Court within written , and in that full Court to be recorded I caused the plea within written , and the Record as it appeareth in a Schedule to this Writ annexed , I have before the Justices at the day and place within contained , under my seal and the seals of T. R. A. B. C. D. and E. F. four legal men of my Shire of those who at the Record present were , and to the parties , &c. Or thus , if the Record be not returned . By vertue of this Writ to me directed , and in my proper person , having taken with me R. S. &c. good and lawfull Knights of my County , I came to the Court Baron of G. S. I. K. &c. holden at P. for the Honour of P. to Record the Plea within written , at the day and place within contained , as within to me is commanded ; whereupon the Suitors of the Court aforesaid , at P. aforesaid , in full Court , me the within written Sheriff the said Writ there to execute , or as to the said plea in any manner to intermit , altogether denied ; for which execution of the Writ aforesaid make I could not , &c. It is a good return for the Sheriff to say , that after the receipt of the Writ , and before the return thereof , that no Court was holden , and that also he required the Lord to hold his Court , and he would not , so as he could not execute the same . The Return of a Writ for the Election of a Coroner , after the death of another . AT my County Court held such a day and year , in full County aforesaid , by vertue of this Writ of the assent of the same County in the place of R. O. within named who deceased is , I have chosen a Coroner , viz. I. M. who ( as the manner is ) hath taken his oath corporal , that he will do and keep those things which to the office of a Coroner in the County aforesaid , belong to be done , as within , &c. The Return of the Writ of Exigent . BY vertue of this writ to me directed at my County held at the Castle of Y. in the County of Y. within written , on Monday , &c. the year , &c. within written , I. C. and the rest of the Defendants within named ( if there be above two in the writ ) first were exacted and appeared not , at my County of Y. there holden on Monday , &c. the year aforesaid ; the foresaid I. C. and the rest of the Defendants within named the second time were exacted and appeared not , at my County of Y. there holden on Monday &c. in the year aforesaid , the said I. C. and the rest of the Defendants within named the third time were exacted and appeared not , at my County of Y. there held on Monday , &c. in the year aforesaid , the aforesaid I. C. and the rest of the Defendants within named , the fourth time were exacted and appeared not . At my County of Y. there held on Monday , &c. in the year aforesaid the aforesaid I. C. and the rest of the Defendants within named , the fifth time were exacted , and appeared not . And therefore I. C. and the rest of the Defendants within named by Judgement of I W. and W. R. Gent. Coroners of the Common-wealth of the County aforesaid , according to the Law and Custom of the Common-wealth of England outlawed are , and every of them is outlawed . I. B. Esquire , Sheriff . By vertue of this writ to me directed , at my County held at Y. in the County of Y. within written on Monday , &c. in the year , within written , the said I. R. within named first exacted was and appeared not , this Writ so above indorsed to be delivered was by I. B. Esquire , late Sheriff of the County within written , my next Predecessor , in his going out from his office , as above upon the back of this writ , And at my County , &c. as before . Or thus : This Writ so above indorsed , together with the Writ of Oliver Lord Protector , of &c. of Supersedeas to it annexed to me delivered was by I. B. Esquire , late Sheriff of the aforesaid County , my next Predecessor , &c. If it be against a woman , she cannot be said to be outlawed , ( for the reasons I shewed before ) but waved , so that the latter part of the return must be thus , viz. Therefore according to law and custom aforesaid , B. D. waved is . By vertue , &c. at my County , held on Monday , &c. the said year , &c. within written the aforesaid I. C. the fifth time exacted was , and appeared not , and for defect of N. B. and R , C Coroners of the County aforesaid further thereupon to prosecute I could not . By vertue , &c. and at my County , &c. and that there were not more Counties in the County aforesaid held , from the day of the receipt of this writ , to the day of the rerurn of the same , wherefore nothing done is at present . Or thus : And therefore in the Execution of this Writ further to be done nothing acted is . By vertue , &c. of my County aforesaid held on Monday , &c. in the year , &c. within written , the aforesaid C. D. the fourth time exacted was and appeared , and brought forth to me , the Writ of his Highnesse the Lord Protector of the Commonwealth of , &c. of Supersedeas which to this Writ annexed is : wherefore the execution of this Writ further to be done , I have superseded altogether . Or thus : As in the foresaid Writ of his Highnesse the Lord Protector of , &c. of Supersedeas to me is commanded . Or thus : As to exact , take outlawed , or at all molest the within named I. R. by vertue of this Writ , to the Justices , &c. within written , at the day and place within contained I certifie , that by vertue of a certain other Writ of his Highnesse , &c. to me directed , to this annexed , I have superseded altogether , as by that Writ to me is commanded . By vertue , &c. at my 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 . 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 appear , therefore by Judgement , &c. and the aforesaid T. C. waved is in presence of T. C. and F. W. Coronors of , &c. of the County aforesaid . At the County , &c. 1. 2. 3. 4. exacted he was , and 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 . 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 . 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 . 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. 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 . An Elegit is a Writ whereby the Plaintiff is to have Execution of the half of all the Defendants lands and chattels , ( except Oxen and beasts of the Plough ) till the debt and damages be wholly levied , and paid to him , and during the term he is tenant by Elegit . Terms of the Law. The Proceedings upon the Writ of False Judgement . YOu must call of the County Clerk for a return of the Writ , together with the whole Record of all the proceedings from the original and beginning of the cause in the County Court. The Writ being returned , you must assign Errors , and take Copies thereof , and thereupon sue forth a Scire facias to the Plaintiff in the Action to hear Errors . To which the Plaintiff may appear and plead the common plea , which is , that The action nor proceedings in the County Court are in nothing erroneous . Then must the Desendant endeavor to get a Rule , or day given for the arguing of the same Errors . But if the Defendant doth delay , and doth not call for a return of the writ , nor proceed , then the Plaintiff may sue forth another Scire facias against the Defendant , to shew cause why he should not have Execution upon the Judgement had in the County Court : And if at the Return of the second Scire Facias : Errors be not assigned then Judgment is confirmed in that Court into which the Writ is returnable . If Errors be found and allowed to be sufficient and good , then is the said Judgment to be reversed and made void : But if Errors be not found good , then is the Judgment in the County Court affirmed , and further costs for delay of Execution allowed to the Plaintiff who may presently sue forth Execution , out of that Court into which the Writ was returned against the Defendant . Note , that if the Judgment be reversed and made void , yet notwithstanding it takes not away the Plaintiffs cause of action , for he may commence a new action against the Desendant for the same cause . The same proceedings are upon an Accedeas ad Curiam . See the Record upon it . The manner and form of drawing up Records upon a Writ of False Judgment , and Accedeas ad Curiam . THe Sheriff is commanded that if A. B. shall secure the same Sheriff to prosecute his plaint then in his full County , he cause to be recorded the plaint which was in the same County by writ of his Highnesse the Lord Protector , &c. between W. B. and the same A. B. in a certain Trespasse upon the case , to the same W. B. by the same A. B. done , &c. And whereupon the same A. B. did complain , that False Judgment was done to him in the same County ; and that he should have here at this day ; that is to say , Octab. pur . under his Seal , and by four lawfull Knights of the same County , who should be present at the Record , and that he should have here the Summoners , the names of the four Knights , this Writ , and another Writ . And now here at this day came aswell the same A. B. by Simon Dunn his Attorney , as the said W. B. summoned , &c. by Phit . Prince his Attorney : And the Sheriff ( to wit ) Geo. Mar. Esquire now returneth , that the same A. B. had found to the same Sheriff Pledges to prosecute his said Writ ; to wit , Iohn Doo and Ric Roo , And that he by vertue of that Writ to him directed , at his County held at the Castle of York , in the County asoresaid , the 10. day of May in the year of our Lord 1657. made the same plaint to be recorded , which was in the same County between the same A. B. and W. B. and the Record of the same plaint before the Justices here at this day , under his seal , and the seals of H. M. and four lawfull Knights of the same County hath ready of those who were present at the Record . And that he summoned the same W. B. that he should be here at this day to hear the Record by R. S. and F. L. as by the same Writ to him it was commanded , &c. which said Record followeth in these words : OLIVER Lord Protector , &c. To the Sheriff of York greeting , W. B. hath requested that A. B. of C. in your County husbandman , although the same W. B. be our true and faithfull subject , and as our true and faithfull subject from the time of his nativity hitherto hath carried and behaved himselfe , and of good name and same among many of our saithfull subjects was noted , called , and reputed , notwithstanding the same A. B. not ignorant of the premisses , the same W. B. unjustly to vex : and him of his goods , name , fame , and opinion , whereof from his nativity to deprive & conspurgate : And the same W. B. into perturbation ; vexation , and infamy amongst his neighbours , and many other saithfull subjects and people of this Commonwealth to induce plain salse and scandalous words of the same W. B. at C. in the presence of many faithfull subjects and people of this Commonwealth , said , published , and pronounced in these English words following , to wit , W. B. ( the same W. B. meaning ) hath stoln my horse ; By speaking , publishing , and pronouncing which same words , the same W. B. not only in his good name and same is hurt , but also in his doings and businesses with honest persons , with whom the same W. B. in buying , selling , and lawfull bargaining before used , is much prejudiced , and made worse , to the no little damage and losse of the same W. B. &c. And therefore we command you that you hear the said Plaint , and afterwards cause the same to be with-drawn , that we hear no more clamour thereof for defect of Justice . Witnesse , &c. Pleas held at the Castle of York , in the County of York , upon Monday the second day of June in the year of our Lord 1657. AT this Court W. B. complaineth of A. B. in a plea of Trespasse upon the case , W. B. by P. P. his Attorney complaineth of A. B. in a plea of Trespasse upon the case ; for that , to wit , that whereas the same W. B. is a good , true , and faithfull subject of this Common-wealth of England , from the time of his nativity hitherto hath carried and behaved himself , and of good name , same , credit and reputation , honestly with good and grave men , as well his neighbours as other saithfull subjects of the said Cōmonwealth , was had , noted , called , and reputed , without any falshood , thest , perjury , selony , deceit , or stain of any other fault , or hurtfull crime unspotted and untouched by the whole time aforesaid , carried and governed himselfe . Notwithstanding the said A. B. not ignorant of the premisses out of his meer and wicked malice preconceived , indeavouring the name and same of the same W. B. to hurt , detract , make worse , darken , and utterly to destroy : and also into perturbation , vexation and insamy , to lead and induce , certain salse and scandalous words and lies of the same W. B. the 8. day of April in the yeare of our Lord 1656. at , &c. and within the liberty and jurisdiction of this Court , in the presence and hearing of many faithfull subjects of the said Commonwealth , said , repeated , and spread abroad in these English words following ; to wit , W. B. ( meaning the same W. B. ) hath stoln my horse out of my Close , which I will prove . By pretext of speaking and spreading abroad of which said salse scandalous words , the same W. B. not only in his good name and same is hurt , but also in performance of his businesse with honest persons with whom the said W. B. in buying , selling , and lawfull bargaining is much hindred and damnified , and also some subjects and people of this Common-wealth for that occasion will draw themselves from the company of the same W. B. and to converse with him , or any wayes to intermeddle refused , and yet do refuse ; whereupon , &c. damages to 39 l. And thereof he bringeth suit , &c. And the said A. B. by S. D. his Attorney cometh , &c. And saith , that the said W. B. his action aforesaid against him ought not to have , because he saith that he is not guilty of the speaking , and spreading abroad of the words in the Declaration aforesaid specified , nor of any part of them in manner and form as the said W. B. above against him complaineth . And this , &c. Therefore according to the custom it is commanded to the Bailiff of the Weapentake of Ouze and Dar , that , &c. that he cause to come before the Steward of the same Court , at the next Court of the County aforesaid , such a day , 12. &c. And that he then have there the same Precept together with the pannel of the names of the Jurors aforesaid the same day , &c. At which County Court held at the Castle of Y. aforesaid , according to the custom before the Steward there upon Monday the 2. day of April came as well the same W. B. by his Attorney aforesaid , as the same A. B. by his Attorney aforesaid , &c. and the same Bailiff of the Weapentake aforesaid , returned the precept to him , directed in all things , served together with a Pannel of the names of the Jurors . Annexed to the precept , to wit , in the same pannel are named L. M. N. R. &c. to make a Jury between the parties aforesaid , in the plea aforesaid , who to speak the truth of the premisses , being elected , tried & sworn , say upon their oath , that the said A. B. is guilty of the speaking & spreading abroad of the said words in the said Declaration specified , and they assessed the damages of the said W. B. by occasion of the speaking of the same words , besides his costs and expences by him about his suit in this behalf laid out to 4 l. 5 s. & for those costs & expences to 8 d. Therefore at the same Court , that the said W. B. should recover against the said A. B. his said damages by the Jury aforesaid , in form aforesaid assessed , and also 3 s. 8 d. for his costs and expences , which said damages in the whole do amount unto 5 l. 17 s. 4 d. In witness whereof the seal of the Steward of the Court aforesaid is put , Dated at the Castle of Y. the 12. day of March in the year of our Lord 1657. And hereupon the same VV. B. prayeth that the same A. B. may shew to the Court here , and assign the defects , wherein false Judgment is made in the said plaint , if any be done to him : whereupon the same A. B. saith , that the same Record is vitious , and much defective , to wit , in that it doth not appear by the Record , before whom the first Court was held , and in this , that the said VV. B. by his Declaration did complain himself to be damnified and made worse , to the value of 40 l. whereas by the law of the land , that Court cannot hold plea of 40 s. In this also that the same Court held the 12. of March , was held before the Steward , whereas it ought to be held before the Suitors of the same Court , and the Sheriff of the County for the time being , so that the same Judgment was given Coram non Iudice . Also in this that by the same Record , it appeareth , that the same VV. B. appeared by P. P. his Attorney , and the same A. B. appeared by S. D. his Attorney ; but in the Record is not mentioned any Warrant of Attorney for the same VV. B. or for the same A. B. in the said plaint . And to the same A. B. saith , that divers manner of ways in the County Court aforesaid , false Judgment is made to him in the said plaint . And hereupon prayeth , that the said Judgment for the said defects and others being in the same Record as false and erroneous may be adnulled and altogether taken for nothing . And the same A. B. to the said 5 l. 17 s. 4 d. which the said A. B. by vertue of the same Judgment , for his damages , by occasion of the premisses , recovered against him , and unto all things , which he by occasion of the same Judgment lost , may be restored , &c. And the same W. B. saith , that in the Record aforesaid , there is no errour , nor to the same A. B. in the same County Court held at the Castle of Y. aforesaid , false Judgment is made in the same plaint : and prayeth , that the Justices here proceed to the examination of the same Record , and to resorm and correct the false Judgment , if any be found therein , proved , or can be made appear . And because the Justices here will advise themselves of , and upon the premises , before they further proceed therein , day is given , &c , in Oct. pur . to hear thereof , what the Court hereof , and upon the premises shall consider , because the Justices hear thereof not as yet , &c. At which day here came aswell the said A. B. as the said W. B. by their Attorneys aforesaid . And because the Justices here further will advise themselves of , and upon the premisses aforesaid , before they proceed further therein , further day is given &c. in Mens . Pas . to hear thereof , what the Court hereof , and upon the premisses aforesaid shall consider , for that the Justices hear thereof not as yet , &c. If any errors and defects be found in the proceedings , then will the Judgement be reversed , and a Writ of Restitution awarded . It was commanded the Sheriff , if A. B. and C. D. should secure the same Sheriff of prosecuting their complaint then in his full County , he should make to be recorded the plaint which was in the same Court , without Writ of his Highness the L. Protector between E. F. and the same A. B. and C. D. of the cattel of the same E. F. taken and unjustly detained , &c. And whereupon the same A. B. and C. D. complained false Judgement to be made to them in the same Court , And that he should have that Record here at this day . to wit , in Octab. Hill. under his seal , and the seals of four lawfull Knights , who should be present at the Record . And that he summon by good summoners , the said E. F. that he should be here at this day , to hear the Record , &c. And now here at this day came as well the same A. B. and C. D. by S. D. their Attorney , as the same E. F. by P. P. his Attorney : and the Sheriff , to wit , G. M Esquire , now returneth , That the same A. B. and C. D. had found to the same Sheriff pledges to prosecute the said Writ , to wit , Jo. Doo . and Rio. Roo . and that he summoned the same E. F. to be here at this day , by I. R. and I. S. honest , &c. The Sheriff also returneth , that he by vertue of the same Writ to him directed , in his full County holden at the Castle of Y. in the County aforesaid the 12. day of April last past , caused the said plaint to be recorded ; and have the Record here at this day , under his seal , and the seals of L. M. M. R. honest and lawfull Knights of the same County , of those who were present at that Record , as by the said Writ it was commanded him ; the tenor of which Record followeth in these words : Be it remembred , that the 12. day of April in the year of our Lord. 1657. before G. M. Esquire , Sheriff of the County aforesaid at the Castle of Y. in the same County of Y. came the same E. F. by P. P. his Attorney , and complained against A. B. and C. D. of a plea ; wherefore they tooke the cattel of the same E. F. and them unjustly detained against sureties and pledges , until , &c. And found to the said E. F. pledges to prosecute his complaint aforesaid , and also for the returning of the cattel , if the returning of them be adjudged by Law ; to wit , Jo. Doo . and Ric. Roo . And then and there demanded due processe in Law against A. B. and C. D. thereof to be made , &c. Therefore according to the custom in the County aforesaid , from the time whereof the memory of man is not to the contrary used and approved on the behalf of his said Highnesse the Lord Protector now , It was commanded to I , S. Bailiff of the Weapentake of W. and one of the Ministers of the said Sheriff of the County aforesaid , that according to that custome he put by sureties and safe pledges the same A. B. and C. D. that they should be before me the said Sheriff , at the next Court of the County aforesaid ; to wit , at the aforesaid Castle of Y. the 12. day of April in the year , &c. abovesaid then next following to be held , to answer the said E. F. in the plea aforesaid : And the same day was given to the said E. F. then , against the same A. B. and C. D. to prosecute the same plea. At which day here , to wit , at my next Court then held at the said Castle of Y. came the said E. F. by his Attorney aforesaid the same 12. day of April . And the same I. S. Bailiff of the Weapentake aforesaid , returned the precept aforesaid to him , in form aforesaid directed , in all things served and executed ; to wit , that he by vertue of the same precept attached the same A. B. and C. D. by pledges , to wit , Jo. Den , and Ric. Fen. to be here at this day , to wit , the same 12. day of April in form aforesaid , as by the said precept to him it was commanded . And the same A. B. and C. D. in full Court there being called , came not , but made default : whereupon the same E. F. by his Attorney aforesaid , prayeth processe further therein to be made upon the said complaint against the said A. B. and C. D. and hath it , &c. Therefore according to the custom of the County Court aforesaid , it was commanded to the same I. S. Bailiff of the Weapentake of W. and one of the Ministers of the County Court aforesaid , that according to the custom of that Court , he distrain the same A. B. and C. D. by all their goods and chattels in his Bailiwick : So that , neither , &c. until &c. And that they should be before me the said Sheriff at the next County Court to be held at the said Castle of Y. to wit , the 10. day of May in the year abovesaid , then next following , to answer the same E F. in the same plea. The same day is given to the same E. F. here , &c. At which said next County Court aforesaid here , to wit , at the said Castle of Y. the same 10. day of May in the year abovesaid then held , came as well the said E. F. by P. P. his Attorney asoresaid , as the said A. B. and C. D. by S. D. their Attorney . And the said A. B. and C. D. offered themselves against the said E. F. in the same plea. And the same E. F. complained thereupon , and declared against the said A. B. and C. D. of a plea , wherefore the same A. B. and C. D. the 4. day of March in the year &c. at T. within the Jurisdiction of this Court , in a certain place called the Hayes , took the cattel , to wit , six calves of the same E. F. and them unjustly detained , against sureties and pledges until , &c. Whereupon he then said , that he was the worse , and had damage to the value of 39 s. 11 d. and thereupon brought his suit , &c. And hereupon the same E. F. then and there put in his place the same P. P. his Attorney , against the same E. B. and C. D. to gain or lose in the same plea : ( here must be likewise awarrant of Attorney for the Defendant : ) And thereupon the same A. B. and C. D. by S. D. their Attorney aforesaid , then in the same Court demanded a Copy of the Declaration aforesaid ; and license thereof to imparl here , until the next County Court before the said Sheriff , to wit , the 15. day of May in the year abovesaid then next following , to be held at the Castle of York , and then to answer , &c. And it is granted to them , &c. The same day is given to the same E. F. here , &c. At which said next County Court , before the said Sheriff of the County aforesaid here ; to wit at the Castle of Y. aforesaid the 15. day of May in the year abovesaid , came as well the said E. F. as the said A. B. and C. D. by their said Attorneys . And it is said to the said Attorney , of the said A. B. and C. D. by the Court here , that he answer for the same , A. B. and C. C. his Clyents to the same E. F. in the said Plaint : And the said Attorny , for his said Clyents saith nothing in Bar , as in others , by which the said E. F. his damages against the said A. B. & C. D. by occasion of the taking and unjust detaining of his Cattle aforesaid , ought to recover ; but because it is unknown to the Court here what damages the said E. F. sustained by occasion of the premisses ; It is commanded to the said I. S. then Bayliff of the Wapentake of W. aforesaid , & one of the Ministers of the County Court aforesaid , that he cause to come before the said Sheriffe at the next county Court of the County aforesaid , to wit , the 15th day of May , in the yeare abovesaid , at the Castle of Y. aforesaid , then next following to be held , twelve honest and lawfull men of the neighbourhood of S. to be suspected by neither party , to enquire upon their Oath what damages the said E. F. sustained , aswell by the occasion of the taking , and unjust detaining of the cattle aforesaid , as for his costs and charges by him about his suit in this behalf laid out : and the same day was given to the said E. F. here , &c. At which said next County Court the same 15. day of May in the yeare abovesaid , before the same Sheriff of the County aforesaid held , came the said E. F. by his Attorney aforesaid : And the same I. S. Bayliffe of the Wapentake aforesaid sent not his precept thereof : Therefore , as before , it is commanded to the said I. S. Bayliff , &c. that he cause to come here at the next County Court , before the same Sheriff of the County aforesaid , to wit , the 12 day of A. in the yeare abovesaid , at the castle of Y. aforesaid , to be held the 12th , &c. to enquire , &c to inform aforesaid , &c. At which day , to wit , the 12th day of April aforesaid before the same Sheriffe of the County aforesaid , came the same E. F. by his Attorney aforesaid . And the said I. S. Bayliffe , &c. and one of the Ministers of the same Court , returned before the same Sheriffe , the said precept de venire fac . in all things served and executed . And thereupon the Jury being thereof impannelled and called , came , and to enquire in forme as aforesaid , sworn and charged , say , upon their oath , that the said E. F. sustained damages by reason of the taking and unjust detaining of the Cattle aforesaid , besides his costs and charges by him about his suit in this behalfe laid out 30 s. and for these costs and charges to 12 d. Therefore it is considered by the Court here , that the said E. F. recover against the said A. B. and C. D. his said damages by the Jury aforesaid , in form aforesaid assessed , and also 26 s. to the same E. F. by the Court here for his said costs & charges of his assent of increase adjudged ; which said damages in the whole amount unto 57 s And the same A. B. and C. D. in mercy , &c. Whereupon it was commanded to the same I. S. Bayliff of the Wapentake of W. aforesaid , that of the goods and Chattels of the same A. B. and C. D. in his Bayliwick , he should levy the damages aforesaid : and that he have the money before the said Sheriffe at the next County Court at the castle of Y. to be held , to wit , the tenth day of March , in the yeare abovesaid , to render to the said E. F. for his damages aforesaid : Whereupon the same E. F. prayeth , that the said A. B. and C. D. would assigne and declare to the Court herein , what or wherein false judgement is made to him in the said Plaint , if any thing can be found proved , or made appear , &c. And hereupon the same A. B. and C. D. say , that the said Record is vitious , and very much defective in this ; to wit , that by the same Record it appeareth , that the same cattle were taken the 15. day of January , in the yeare abovesaid ; and that the complaint thereupon was levyed at the County Court of the Sheriff , the 19th day of December in the yeare abovesaid : so that the complaint was levied before the taking of the cattle afore made , &c. Also in this , that by the Record it appeareth , that the County Court aforesaid was held before the said Sheriffe of the County aforesaid ; whereas the same Court ought to be held before the same Sheriffe and suitors of the same Court , so that the same Plaint was levied Coram non judice : And the processe thereupon adjudged without any warrant in Law : And so the same A. B. and C. D. say , that in the County aforesaid false judgement was done to them in the said Plaint ; And pray that the said judgement for those errours and others , in the same record and proceedings being may be revoked , adnulled , and altogether taken for nothing : And that they unto all things which they by occasion of the judgement aforesaid have lost , may be restored , &c. It was commanded the Sheriffe , that if A. B. should secure the same Sheriffe to prosecute his complaint , that then taking with him four discreet and lawfull Knights of the County aforesaid in his proper person , he come to the Court of the Honour of P. and in full Court cause to be recorded that Plaint which was in the same Court of his Highnesse the Lord Protector , between C. D. and the same A. B. in a certain Action upon the Case , to the same C. D. by the same A. B. done as it is said : Whereupon the same A. B. complaineth false judgement to be made to him in the said Court , and that he should have here the Record at this day , to wit , Octab. Hill. under his seal , and by four lawfull men of the same County of those who shall be present at the Record ; and that he summon by good summoners the said C. D. that he should be here to hear that Record . And that he have then here the names of the foure Knights , and that Writ , &c. And now here at this day , to wit , Octab. Hill. came as well the same A. B. by S. D. his Attorney , as the same C. D. by P. P. his Attorney . And the Sheriffe , to wit , G. M. Esq now returneth that the same A. B. found to the same Sheriff pledges to prosecute , Io. Doo , Ric. Roo . And that the same C. D. was summoned to be here at this day by Io : Den , and Ric. Fen and that he by vertue of the same Writ to him directed took along with him I. S. W. P. I. H. and W. VV. four discreet and lawfull Knights of the County aforesaid , and in his proper person came to the said Court held at P. in the County aforesaid the 15th day of October , in the yeare of our Lord , 1657. and in full Court made to be recorded the said Plaint whereof in the same Writ mention is made ; which said Record here at 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 VV. 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 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 . 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. VV. Executor of the last Will and Testament of R. VV. late of T. in the County Y. husbandman deceased , otherwise called R. VV. 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. VV. 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. VV. then and there bound himselfe , his executors , administrators and assigns . Neverthelesse the said R. VV. 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 VV. Executor of the last Will and Testament of the said R. VV. 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. VV.'s hands , came all and singular the goods and chattels which were the said R. VV.'s in his life time , sufficient to satisfie all the debts which the said R , VV. 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 . 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 . 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 . 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. 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 . 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 . 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 . 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 . 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 . 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 . VVhereupon action doth acrew to the said R. H. to have and demand of the said T. VV. the said 6l . ( that is to say ) the treble value of the said hay so carried away . Yet notwithstanding the said T. VV. 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. 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 . 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 VVeatherby aforesaid , and parcell of the said Rectory for 20 s. of , &c. to be paid to the said VV 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. J. P. by vertue of a VVrit 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 . I. H. by vertue , &c. complains of VV. 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 VV : 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 VV. 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 . T. P. Executor of the Testament of VV. 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 VV. 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 . 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 VV. 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 VV. 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 . 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 . 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 . 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 insected with any disease or infirmity : and the said W M. in fact saith , that the said Gelding was then so insected 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. 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 . 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 . 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 . 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 . 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. 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 . 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. 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 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 VV. and at the speciall instance and request of the said P. VV. afterwards ( that is to say ) the day , year , &c. at , &c. aforesaid , the said VV 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 . T. P. &c. complains of A B. &c. of a plea of Trespasse upon the Case ; for that whereas the said T. P. for the space of seven years now last past , hath been , and yet is , seised of one ancient Messuage , with the Appurtenances in S. aforesaid in his Demesne as of Fee ; in which Messuage the said T P. and his Family all the time aforesaid have dwelt , and yet do dwell ; And also whereas the said A B. for the space of three yeares now last past , hath been and yet is possessed of one other Messuage with the Appurtenances in S. aforesaid , lying next and contiguous to the said Messuage of the said T P. on the West side of the same Messuage of the said T P. And also whereas in the said West-side of the said Messuage of the said T P. time out of minde there hath been , and yet are , two ancient Windowes , parcell of the said Messuage of the said T P. Through which windowes not onely light hath used to shine into the said Messuage to enlighten it , but also wholsome ayre hath used to passe into the said Messuage for the health of him the said T. P. and his Family abiding in the same . And the said T P. of his said Messuage with the Appurtenances so as aforesaid being seised : And the said A B. of his said Messuage with the Appurtenances possessed , the same A. B. not ignorant of the premisses , but maliciously intending to stop up the said windows , and deprive the said T P. and his Family of the light and wholsome ayre shining and passing through the said windowes into the said Messuage of him the said T. P. ( such a day and yeare ) at S. aforesaid , did build and set up , and from that time hitherto hath continued a certaine house upon a piece of ground called the backside , parcell of the said Messuage of him the said A. B. so nigh unto the said Messuage of the said T. P. and the said two widowes , that not onely the sayd two windowes are stopped up , and thereby the said T. P. and his Family deprived of the light and wholsome ayre which were wont to shine and passe through the said windowes into the said Messuage of him the said T. P. but also the passage of the Rain falling from the said Messuage of the said T. P. is hindered , and the Rain so hindered in passing away , sinketh downe to , and under the Foundations of the said Messuage of the said T. P. whereby the foundations of the said Messuage are weakned , and the Messuage likely to go to ruine , to the great damage of the said T. P. of 20 l. And thereof he produceth this Action , &c. For teaching the Defendants childe the Latine Tongue , &c. P. G. by I. R. his Attorney complains of I A. of a Plea of Trespasse upon the Case , &c. For that whereas the said I. A. the first day of August , in the yeare , &c. at , &c. in the County , &c. For and in consideration that the said P. G. for and during the time of twelve moneths and twenty dayes then last past , had taught and instructed I. A. the naturall sonne of the said I. A. in the rudiments and learning of the Latine Tongue , and from the said first day of August , in the yeare aforesaid , at H. aforesaid , would teach and instruct the said I. A. the son , so long as it should please both parties in the said learning of the Latine Tongue aforesaid , did assume upon himself , and to the said P G. then and there did faithfully promise that he the said I A. the Father , so much as the said teaching , instructing , eruditing and learning of the said I. A. the Son , for all the time aforesaid should be reasonably worth to the said P G. when he the said I A. the Father should be thereunto requested , well and faithfully would pay and content . And the said P G. in fact saith , that he relying on the promise and assumption aforesaid , of the said I A. the Father , did teach , instruct , erudite and learn the said I A. the sonne in the learning aforesaid , from the first day of August aforesaid , untill the last day of July , in the yeare of our Lord , 1651. And that the teaching , instructing , eruditing and learning aforesaid of the said I A. the sonne , during all the time aforesaid being 12 moneths and 20 dayes , was reasonably worth twenty shillings of lawfull English money . Notwithstanding the said I. A. the Father , not regarding his promise and assumption aforesaid , but subtilly devising , and fraudulently intending him the said P G. &c. For dyet , and time given for the payment of the Debt . N. D. by &c. complains of I D. of an action of Trespasse upon the Case ; For that whereas the fifth day , &c. at , &c. the said I D. was indebted unto the said N D. in the summe of 18 shillings of , &c. for meate and drinke wherewith the said N. D. then supplyed him . And being so indebted , in consideration that the said N D. then and there at the Castle of Y. in the County of Y. and within the Liberty and Jurisdiction of this Court , at the special instance and request of the said I D. did give time for the payment of the said 18 shillings , untill the next day after , he the said I D. did assume upon himselfe , and to the said N D. then and there faithfully promised , that he the said I D. the said 18 shillings unto the said N D. the said next day after well and truly would content and pay ; and although the said N D. till the next day after , and hitherto did forbear the payment of the said 18. shillings . Yet the said I. D. his promise and assumption aforesaid not regarding , but endeavouring and fraudulently intending the said N. D. &c. Vpon an Assumpsit to save one harmlesse upon an Obligation . A. B. by vertue of a Writ of Justicies , &c. complains of C D. of an Action of Trespasse upon the Case , &c. For that , to wit , that whereas the aforesaid A. B. the ( day and yeare ) at the Castle of Y. in the County aforesaid , and within the jurisdiction of this Court , at the special instance and request of the aforesaid C. D. by his writing obligatory , bearing date the same day and year , was bound , together with the aforesaid C D. and for the sole debt of the said C D. unto one E F. upon Condition thereupon indorsed , that if the aforesaid C D. should pay unto the aforesaid E F. at a certaine day in the same Condition contained , 10 l. of lawfull , &c. that then that writing should be voyd and of none effect , otherwise to remain in his strength and vertue , the aforesaid C D. afterwards , that is to say , ( in such a day and place ) in consideration aforesaid , assumed upon himselfe , and to the aforesaid A B. then and there faithfully promised , that the said C D. at all times then afterwards would discharge the aforesaid A. B. against the aforesaid E F. from the aforesaid writing obligatory . Yet neverthelesse the aforesaid C D. his promise and assumption aforesaid not regarding , hath not hitherto discharged the aforesaid A B. from the aforesaid writing obligatory , although he hath been often required by him the said A. B. to do it ; whereupon the said A B. saith , that he is very much the worse , &c. For keeping a Dog accustomed to bite Sheep . A. B. by &c. complains of C. D. &c. for that , that is to say , whereas the aforesaid C. D. did knowingly keep and retain a certain Dog accustomed to bite Sheep at , &c. which said Dog twenty Wether Sheep , twenty Ewes and twenty Lambs of him the said A B. to the price of 10 l. at , &c. aforesaid , found the 12. day of May , in the yeare of our Lord 1657. did so grievously bite , that those Sheep and Lambs by the biting of the Dog aforesaid , then and there died : whereupon the said A B. saith , that he is worse , and hath damage , to the value of twenty pounds . And thereupon he brings his Suit , &c. Another . A. B. by writ , &c. complains of C. D. of a Plea , &c. For that , that is to say , whereas the aforesaid C. D. the 8. day of June in the year , &c. at , &c. a certain dog accustomed to bite Sheep , he knowingly retained , which said Dog the day and year aforesaid at , &c. aforesaid , the Sheeep , that is to say , sixteen wether Sheep , and thirty Ewe-sheep , and eight Lambs of him the said A B. did chase and bite , so that by the chasing & biting six of the said Wether-sheep , 12 of the said Ewe-sheep , and four of the said Lambs of the price of ten pounds died : and the residue , to wit , eighteen of the said Ewe-sheep great with yong , cast their Lambs abortive : And the residue of the said Wether-sheep were much worsted : And other harms , &c. Against an Inn-keeper for a Horse lost . A. B. by vertue of a Writ , &c. complaineth of C. D. Inn-keeper of a Common Inn , called the sign of the White Hart in Skipton in Craven in the County of York , and within the liberty and jurisdiction of this Court , of a Plea of Trespasse upon the Case : For that , that is to say , whereas according to the Law and Custom of the Common-wealth of England , Inn-keepers , who hold and keep common Inns to lodge and Entertain men travelling by those parts , where such like Inns are , and lodging in them , are bound to keep both by day and night , their goods being within those Inns without any diminution or losse : So that by default of those Inn-Keepers or their Servants , no damage shall happen or come to their guests by any means . And whereas the aforesaid C. D. before the tenth day of March in the year , &c. And the same tenth day , &c. held and kept the common Inn aforesaid , called the signe of the White Hart in Skipton in Craven aforesaid , in the County aforesaid , and within the liberty and jurisdiction aforesaid . And him the said A B , in the same Inn as his Guest , then and there entertained : and the same A B. then and there one Gelding of a white colour , of the price of ten pounds , he brought into the Inn aforesaid with him , which said Gelding the aforesaid C. D. in his custody then and there received and had , yet certain Malefactors unknown to him the said A B. afterwards , to wit , the aforesaid tenth day of March in the year aforesaid , E. F. aforesaid the Gelding aforesaid , being under the custody of the aforesaid C. D. in the aforesaid Inn then and there found , for want of good keeping of the said C. D. and his servants , he took and led away , against the Law and Custome aforesaid . Whereupon the same A B. sayes that he is worsted , and hath damage to the value of twenty pounds . And thereupon he brings his suit , &c. Vpon a Horse Race . G. G. by I. R. his Attorney doth complain of D M of a plea of Trespasse upon the case , &c. That whereas ( such a day and year ) at , &c. conference was had between the said G G. and D. M. concerning a Horse-race , to be run between a gray Gelding of the said G. G. and a bay Gelding of the said D. M. from B. aforesaid unto a house called Dexes in the aforesaid County , upon which conference so had , in consideration that the said G. G. at the speciall instance and request of the said D. M. did then and there pay and deposite into the hands of one Margaret the wife of one I. W. two shillings six pence of lawfull English money . And in consideration also that the said G. G. did then and there ingage himselfe to give and deliver unto the said D. M. the said gray Gelding of the said G. G. in case the said gray Gelding should not out-run the said bay Gelding of the said D. M. from B. aforesaid unto the said house called Dexes , and that the said G. G. should not there leave his Hatband , before the said bay Gelding of the said D. M. should come to the said house called Dexes , the said D. M. the said twentieth day of May in the year aforesaid , at B. aforesaid , and within the jurisdiction aforesaid , did assume upon himself , and to the said G. G. did then and there faithfully promise , rhat if the said Gelding of the said G. G. did out-run the said bay Gelding of the said D. M. from B. aforesaid unto the said house called Dexes , and that the said G. G. should leave his hatband there before the said Gelding of the said D. M. should come to the said house , that then the said D. M. the said bay Gelding to the said G. G. to the use and behoofe of the said G. G. would give and deliver when he the said D. M. should be thereunto requested . And the said G G. in fact saith , that his said gray Gelding did then and there out-run the said bay Gelding of the said D. M. from B. aforesaid to the said house called Dexes , and that he the said G G. did leave his hatband there before the said Gelding of the said D. M. did come to the said house called Dexes . And whereas also the said 20. day of May in the year abovesaid at B. aforesaid , and within the jurisdiction aforesaid , in consideration that the said G G. at the special instance and request of the said D M. did then and there pay and deposite into the hands of the said Margaret , wife of the said I. W. two shillings six pence of lawful , &c. And in consideration also that the said G G. did then & there ingage himself to pay unto the said D M. 20 s. of like lawful money , in case that the said gray Gelding of the said G. G. should not out-run the said bay Gelding of the said D. M. from B. aforesaid , unto the said 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 . 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 . 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 . 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 . 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. 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. VV , 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 . 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 . 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 . A. O. complains of VV. 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. 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 . 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. A. B. complains of C. D. of a plea of Trespasse , wherefore he did chase two hogs of him thesaid 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 . 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. 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 . 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 . 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 . 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 . 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 . 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 sase 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 . 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 . 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 . 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 . 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 . 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 . 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 . 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 VV. 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. 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 . 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 . 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 . 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 . 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 thesaid 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 . 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 . 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 . 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 . 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 . 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 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. 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 . 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 . 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 . 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. 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. VV. 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. VV. did then and there defend : And saith , that if any evil to the said R. VV. then and there happened , was of the proper assault of him the said R. VV. And in defence of him the said I. R. And this he is ready to verifie , whereupon he prayeth Judgement , if the aforesaid R. VV. his action aforesaid , against him ought to have , &c. Replication . ANd the foresaid R. VV 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. VV. above alledged upon him the said R. VV. 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. VV. 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 . 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 seet , 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 . 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 . 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 . 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 . 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 . 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 . 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 . 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 . 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 . 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 . 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 . 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 . 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 . 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 . 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 . 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 . 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 . 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 . 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 . 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. 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 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. 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. 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 , 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 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 before the Justices of Assize . 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. 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 . 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. 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 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 , 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 . 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 , nor processe executed but by him . And first to demonstrate his initiation into this Ministerial part of his office , viz. 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 VVrits , precisely by view and Indenture made 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 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 . 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. 1. and 17 E. 4. 6. ) till the Writ of Discharge be delivered to him , he may execute his office . 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 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 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 ; 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 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 or Leet , by reason of the Tenure of a mans Land. He shall levy his Highnesse Debts by Distresse either 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. 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. 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 . VVhich 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 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 , 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 , 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 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 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 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. 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 . 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 all manner of VVrits 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 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 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 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 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 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 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. 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 , 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 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 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. 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. 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 . 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. 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 . 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 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 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 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 , 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 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 that he afterward escaped , 29 Ass . 41. A Statute which was certified for the Testator , shall 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 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 6. See the Stat. of 5 H. 4 : cap. 12. Vavasor said , that he saw where the Recognisee 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 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 , Execution 38. 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. 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 , 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 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 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 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. 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 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 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 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 . 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 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 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 . 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 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. Broo , Execution , 129. Co. 3. 11. 15 H , 7. 16. Kitch . 117. And the proceeds against Sureties in Statutes shall be 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 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. 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. 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 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. 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. 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 , 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 further , that a Recognisance though in the speciall signification , it doth but acknowledge a certaine debt , and is executed upon all the goods , and halse 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 halse 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 . 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 , 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. 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 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. 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 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 . 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 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 . 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. 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 hoth at one time , the Sheriffe is to 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 where the Land lies . If a man doth pray to have an Elegit , to have 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 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 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 recover his debt . Fitz. 93. a. c. A man shall not have a Capias ad satisfaciend . but 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 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. 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 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 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 , 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 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 . 2 Capias Vtlegatum . 3 Capias ad Valentiam . 1. The Capias pro Fine is , where one being fined 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 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 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. 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 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 . 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. 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. Capias ad Valentiam , Is a VVrit 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 . 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 in executing this VVrit ; 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 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 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 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 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 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 shewes the form of the bond , &c. The third contains a penalty , that if the Sheriffe take an 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 . 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 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. 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 Case . 1. Because the levying of the debt is lawfull and well 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. 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 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 , then the Sheriff shall be commanded to do execution , Fitz. 266. c. And if the Sheriffe upon this Writ returne that he 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 . 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 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 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 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 . 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 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 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 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 , 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 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. 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 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. 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 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 . 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 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 ought to answer the Writ ( ad punctum ) and therefore where the VVrit 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 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. 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. 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. 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. 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 , That he came unto W. but , that he came to the place wasted , 27 H. 8. Br 2. 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 . 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. 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. 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 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 . 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. 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. 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 Castle of Y. the first time exacted was , &c. And because the County was not set downe , it was holden erroneous . If the Sheriffe returne that the party hath rendered himselfe upon the Exigent , and hath not the body , he shall be amerced . 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. 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 . 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 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 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 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 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 . 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 within named A. B. is not found in my Bayliwick . R. S. Esq sheriff . 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 . 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 . 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 . 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 . 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 VVrits , Warrants , Mandats , and Precepts executable within the said Libertie and retorne thereof ; within which Liberty the execution of this VVrit 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 . 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 . By vertue of this VVrit 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 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 . By vertue of this VVrit 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 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 . 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 Manucaptorie of the within named A. B. Iohn Doo . & Rioh : Roo . Issues — 10 s. R. S. Esq Sheriff . The execution of this Writ appeareth in a certaine pannel to this VVrit annexed , R. S. Esq Sherif . The names of the Jurors between A. B. Plaintif , and C. D. Defendant , of a plea of Trespasse . E. F. of G. Gent. H. I. of the same . K. L. of M. And so to the number of 24. Every of the said Jurors is severally attached by pledges Io : Doo . & Ric. Roo . R. S. Esq Sherif . The execution of this writ appeareth in a certaine pannel to this writ annexed . R. S. Esq Sherif . The names of the Jurors between A B. Plaintif , and C D. Defendant of a plea of Trespasse . E : F : of G Gent : H : I : of the same . K. L : of M : And so to the number mentioned in the writ . Every of the said Jurors is severally attached by pledges Iohn Doo . & Rich : Roo . Issues of every of them 10 s. R. S. Esq Sherif . At my County of N. held at L. in the said County of N. the 8th day of Ian : in the year of our Lord , 1658. the within named A : B : C : D : and E : F : were the first time called and did not appear . And at my County Court there held the first day of Feb : in the same yeare 1658. they were the second time called , and appeared not : And at my county Court there held the first day of March in the foresaid year 1658. they were the third time called , & appeared not : And at my county Court there held the 2d day of April , in the year of our Lord 1659. they were the fourth time called and appeared not : And at my County Court there held the first day of May in the year 1659. abovesaid , they were the fith time called , and the above named A. B. brought me his Highnesse VVrit of Supersedeas , which I have to this writ annexed , therefore against him the said A. B. I could no further proceed . And the above named C. D. rendred himself into my custody , whose body before the Justices within mentioned at the day and place within contained I have ready , as within it is commanded : And the above named E F. did not appeare ; therefore by the judgement of J K. & L M. Gent. Coroners of the County aforesaid , the aforesaid E E. is outlawed . R. S. Esq Sherif . At my County Court of N. held at L. in the County of N. the 1. day of Feb. in the year of our Lord 1658 And at the general Sessions of the publique peace held at , G. the 20 day of Apr. in the aforesaid year the 2 day of April , in the yeare of our Lord 1659. And at the most usuall door of the Parish Church of c. within written , on Sunday the 10 of April , 1659. abovesaid , I made publique proclamation , as within it is commanded . R. S. Esq Sherif . There being four County Courts allowed , at which the within named A B. C D. & E F. were foure times called , & appeared now . Now at my County Court of N. held at L. in the said County of N. the above named A B. C D. & E F. were the first time called , and appeared not ; therefore by the judgement of I : K : and L : M : Gent. Coronors of the County , they are , and every of them is outlawed . R. S. Esq Sherif . This Writ was so lately delivered me , that by reason of the shortness of time I could not do due execution thereof according to the Exigence of the same . R. S. Esq Sherif . The within named A. B. was taken by R. C. Knight and Baronet , late Sheriff of my County of N. and not by me now Sheriff of the same County . R. S. Esquire , Sherif . By vertue of this writ to me directed , I have before the Justices within mentioned at the day and place within contained the Plaint which is in my County Court by his Highnesse Writ between the within named parties , under the seals of A B. C D. E F. and G H. four lawfull men of my said County present at that Record , as appeareth in a certain Scedule to this Writ annexed ; And have given notice to the within named I. K. that he may be then there ready to prosecute his plaint thereof against the within named T. W. And also I have there the other Writ to this Writ and Scedule annexed . I. G. Esquire , Sherif . S. ss . At my County Court held at I. in my said County the 11. day of in the year of our Lord , 1657. ss . I. K. complaineth against T. W. of a plea of Debt . I. G. Esquire , Sheriff . By vertue of this Writ by C D. and F G. honest and lawfull men of my Bailiwick , I have given notice to the within named L S. I. L. &c. that they be before his Highnesse at the day and place within contained to shew , &c. Why the within named R R. should not be inlarged out of prison according to the act ; &c. As within it was commanded . I. G. Esquire , Sherif . The within named G. S. hath nothing in my Bailiwick , whereby I can give him notice , neither is he found in the same , neither are there any tenants or tenant of any Lands or Tenements which were of the within named W. on the within written day of the Judgment within given or at any times afterwards in my Bailiwick , unto whom I may give notice , as this writ doth require . I. G. Esquire , Sherif . Pledges of process , Jo. Doo , and Ric : Roo . Sum of the within named A. B. Anth. Sharp , and Rich. Sharp . And at the most usual Church-door of the Parish of D. where the within named A. B. inhabiteth , upon the Lords day , ( to wit ) the 4. day of Iu. in the year within written , immediatly after divine service in the same Church ended , I made publick Proclamation according to the form of the Statute , &c. R. S. Esq Sherif . By vertue of this Writ to me directed the 26. day of A. in the year within written , I have taken into the hands of his Highness the Lord Protector by the view of H. R. and T. R. honest and lawfull men of my Bailiwick , the third part of the Messuage , Lands and Tenements within mentioned , with the appurtenances As within it is commanded . The summoners of the within named A. B. Jo. Den. and Ric. Fen. R. S. Esquire , Sherif . Pledges of Processe Jo. Doo . and Rich , Roo . The Summoners of the within named A. B. son an heir of A. B. I. W. and E. W. R. S. Esquire , Sherif . By vertue of this Writ I have caused to be delivered to the said A. B. his possession of his term within specified of the Messuage , Lands , and Tenements within specified . And also have taken the body of the within named C. D whose body before the Justices within written , at the day and place within contained I have ready , as within it is commanded . And where the Defendant is not found , then close thus : And I further certifie the Justices within specified , that the within named C. D. is not found in my Bailiwick . R. S. Esquire Sherif . By vertue of this Writ , I have delivered to the within named I G. the Mannors , Messuages , Parks , Woods , and all and singular the Lands and Tenements , with the appurtenances within mentioned , To hold to him and his assigns as his Freehold , until he shall be fully satisfied of his debt within mentioned , with his damages , charges , and expences , reasonably sustained , as by this Writ it is commanded , And I further hereby certifie his Highness , that the within named R. W. is not found in my Bailiwick . R. S. Esquire Sherif . By vertue of this Writ to me directed , in form within written in full Court I recorded the Plaint within mentioned , And that Record as it appeareth in a Scedule to this Writ annexed , I have before the Justices within written at the day and place within contained , under my seal , and the seals of R C. M C. T Y. and R E. four honest and lawfull men of my Bailiwick of those which were there present at that Record : And I have prefixed the same day to the parties within written , that then they may be there ready to proceed in the said plaint , as shall be just according to the exigence of this Writ . R. S. Esquire , Sheriff . B. ss . At the Hundred Court of B. holden at C. the 12. day of A. in the year of our Lord 1658. in the said Hundred before I. K. and L M. free Suitors of the same Hundred . B. ss . A B complaineth against C D. of a plea of taking , and unjust detaining of his goods and chattels . R. S. Esquire Sherif . By vertue of this Writ to me directed in my full County Court of N. held at N. in my said County the 12. day of A. in the year of our Lord 1648. I caused the Plaint to be recorded between the parties within written , whereof within is made mention : which plaint appeareth in a certain Scedule to this Writ annexed ; And I have that Record ready before the Justices within mentioned at the day and place within contained under my seal , and the Seals of W H. L E. I B. and T C. four lawfull freeholders of the same County of those which were present at that Record ; and I have prefixed the same day to the parties within written , that they be then there ready to proceed in the said plaint as shall be just according to the exigence of this Writ . R. S. Esquire , Sheriff . N. ss . At my County Court of N. held at I. within the said County the 12. day of A. in the year of our Lord 1658. before I G. H K. Freeholders of the same County amongst other things it is thus contained . N. ss . F I. doth complain against F. S. of a plea of taking and unjustly detaining of his cattel . R. S. Esquire , Sheriff . Before the coming of this Writ the within mentioned Mare was by the within named G H. conveyed unto places unknown to me , so that I could not cause return of the said Mare to be made to the within named I N. and H. as within it is commanded , and I hereby further certifie the within mentioned Justices , that by vertue of this Writ I have taken the body of the within named G H. whose body before the said Justices at the day and place within contained I have ready , as within it is commanded . R. S. Esquire , Sheriff . The execution of this Wtit appeareth in a certain Scedule hereunto annexed . R. S. Esquire , Sheriff . By vertue of this writ to me directed , and to this Scedule annexed , I made a certain Warrant to one W R. my Bailiff , to arrest and take I S. in the said Writ named ; My which Bailiff , by vertue of my aforesaid Warrant , the 11. day of February in the year of our Lord 1658. within written at B. in my County arrested and took the body of the aforesaid I S. as by my Warrant he was commanded , and him the said Iohn so arrested , taken , and in my custody as aforesaid , under the aforesaid arrest being , one G. S. of B. aforesaid , together with the aforesaid Iohn Spalding by force and armes , that is to say , with staves , pitchforks , and knives upon him the said W. R. my Bayliff , then and there did make an assault , and him did beat , wound , and evilly handle , so that it was despaired of his life : And the aforesaid G. S. him the said I. S. so as aforesaid under the foresaid arrest being out of my custody , then and there tooke and rescued , and of his owne right suffered him to go at large . And the same I. S. so as aforesaid under arrest being , out of my Custody , then and there likewise rescued himselfe against the publique peace : And afterwards the same Iohn is not found in my Bayliwick . R. S. Esq Sheriff . Returne of Jurors . HEe must returne sixe Jurors where the Venue lyeth , if there be so many within the Hundred , viz. within the place where the demand is made ; yet by the Stat. 27 Eliz. cap. 6. upon the tryall of an issue joyned in any personall action , if two sufficient hundreders do appear it is sufficient : He must return their names , and a true addition of their dwelling places , or some other addition by which the party may be known . No persons are to be returned above the age of 7 yeares , nor persons of a languishing sicknesse or disease at the time of their summons , no Alien Infant under the age of fourteen , Clergy men or Ministers : Lamb. 382. Fitz. 165. d. 166. a. d. None shall be impannelled upon a Jury for tryall of any matter out of their proper County , except such Jurors may spend in Lands and Tenements 5 l. per annum , nor to try any matter within the County , except they have in Lands and Tenements 40 s. per ann . of estate of Free-hold within the County where the Issue is to be levyed . F. N. B. 166. d. But after . the Statute 27 Eliz. cap. 6. None are to be returned for the tryall of any Issue in the upper Bench , Common Pleas , Exchequer , or before the Justices of Assize , but such as have estate of Free-hold in Lands , Tenement or Hereditaments of the clear yearly value of 4l . at least , out of Ancient Demesne . Though the current of the Venire facias be but to returne Duodecem bonos & legales homines , yet must he returne twenty and four ; if he return but three and twenty , and 12 appear and give their verdict , this is Errour , Coo. 5. 36. & 37. He is to summon and returne the Grand Iury to the Assizes , and the Juries for the Quarter Sessions of the peace , and is to array his pannell sixe dayes ( at the least ) for the speciall Assizes , and before the sessions of the Justices , so that view and copies of the pannels may be had if they be required ; which copies must be indented by the Sheriff , and delivered to the Plaintifs , Defendants , or Tenants . Upon an Indictment he ought to returne none but probi & legales homines ; viz. such as are not attaint by 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 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 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 . 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 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. 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 , 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 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 , 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 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 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. 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. 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 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. VVhereupon 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 ( 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. 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 VVrit of Formedon , and Proclamations incurred , pendant the VVrit , 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. 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 . 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. 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 . 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 of Justice . Co. 3. 44. 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. 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 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. 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. 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. 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. 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 . 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. 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. 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. 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 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 . 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. 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 . 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 ( 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 . 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 . 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 . 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 . 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 . 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 . 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. 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 . 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 . 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 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 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 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. Upon an arrest . 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 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 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 . 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 within named A. B. hath no goods or Chattels which were of the within named C. D. at the time of his death in her hands to be administred in my Bailywick , whereof I may levy the debt and damages within mentioned , or any parcel thereof , nor any of her own proper goods or Chattels in my Bailywick , whereof I can levy the damages aforesaid or any part thereof : And I further certifie the Justices within specified , That by T. I. and E. R. honest and lawful men of my Bailywick that I have made known to the said A B. that she be before the aforesaid Justices at the day and place within contained , to shew , &c. as within it is commanded . The residue of the execution of this Writ appeareth in a certain Inquisition hereunto anexed . R. S. Esquire , Sheriff . AN Inquisition indented taken at A. N. in the County aforesaid , the two & twentieth day of Ian : in the year of our Lord 1658. before me R. S. Sheriff of the County aforesaid , By vertue of a Writ of his Highnesse the Lord Protector to me directed , and to this Inquisition annexed by the Oath of G. H. ( and so to the number of twelve ) honest and lawfull men of my Bailywick , who say upon their oaths , that A. B. in the aforesaid Writ named , wasted , and to her own use converted divers goods and chattels , which were of the within named C D. at the time of his death to the value of the debt and damages in the same Writ specified , and which came to the hands of the same A. B. to be administred . In witnesse whereof aswell I the said Sheriffe as the aforesaid Jurors to this present indented Inquisition have interchangeably set to our seals the same day and yeare first above written . R. S. Esquire , Sheriff . BY vertue of this writ to me directed , I have levied of the goods and chattels of the within named A. B. the whole sum of 80 l. which said moneys before his Highness at the day and place within mentioned I have ready to render to the within named , C. D. for his debt and damages within specified , as by this Writ it is commanded . R. S. Esquire , Sheriff . By vertue of this writ I have levied of the goods and chattels of the within named A. B. the value of eight pounds sixteen shillings four pence , which said moneyes before his Highness at the day and place within mentioned , I have ready to render to the within named C. D. in part of his debt and damages within specified : And I hereby further certifie his said Highnesse , that the said C. D. hath no other or more goods or Chattels in my Bailywick , whereof at present , I may levy the residue of the aforesaid debt and damages , according to the exigence of this Writ . R. S. Esquire Sherif . By vertue of this Writ to me directed I have taken of the Lands and Chattels of the within named A. B. that is to say , one Messuage with the appurtenances in C. in my County of N. now in the tenure of one G. D. which the aforesaid A. B. at the time of my taking thereof , held to him and his assignes for a certain term of years , yet to come of the demise , grant , or assignment of one R. B. to the value of ten pounds , which said Lands and Chattels as yet remain in my hands unsold for want of Buyers , by reason whereof those moneyes before the Justices within mentioned , at the day and place within contained , I cannot have to render to the within named C. D. As within it is commanded . R. S. Esquire , Sherif . I hereby certifie the Justices within mentioned that after the execution of this Writ , and before the return of the same E. L. Knight , late Sheriffe of the County aforesaid , and that this Writ , so as above indorsed , and returned was delivered to me R. S. Esquire now Sheriffe of the County aforesaid by G. T. under-Sheriff of the aforesaid E. L. late Sheriff of the County aforesaid . R. S. Esquire , Sherif . I hereby certifie the Justices within written , That the Lands and Tenements which were of the within named F. B. the same day and year within mentioned , in which judgement of the debt and accompts within specified was rendred , are , and yet be in the hands of our Soveraign Lord the King in his Court of Wards and Liveries , by reason R. B. Gent. Tenant of the Lands and Tenements aforesaid hath not yet sued forth his Livery of the Lands aforesaid in the Court aforesaid : Therefore to the execution of this Writ , I may not proceed , as within it is commanded . R. S. Esq Sherif . An Inquisition indented taken at W. in the County aforesaid the day of Ianuary in the year of our Lord one thousand six hundred fifty eight , before me R. S. Esquire , Sheriffe of the County aforesaid by vertue of a Writ of his Highnesse the Lord PROTECTOR to me directed , and ro this Inquisition annexed by the oath of M. P. and so to the number of twelve honest and lawfull men of my Bayliwick , who say upon their oaths , that H. S. in the said writ named , was seized in his Demesne as of see the fourteenth day of June in the year of our Lord one thousand six hundred fifty in the same writ mentioned , of one Capital Messuage with the appurtenances , with five acres of Lands , six acres of Meadow , and eight acres of Pasture , scituate , and being in Br. in the County aforesaid , of the cleer yearly value in all issues above reprises forty shillings : And the said Jurors further say upon their oaths , that the said H. S. hath not any other or more Lands or Tenements the said fourteenth day of June abovesaid , nor at any time since , nor any goods or Chattels at the day of taking this Inquisition in my Bailiwick to the knowledge of the said Jurors , the moyety of all and singular which said Messuage , Lands , Tenements , and premisses ( that is to say ) the said Capitall Messuage , and the said five acres of Land , and the six acres of Meadow , I the said Sheriff the said day of taking this Inquisition have caused to be delivered to T. C. in the said Writ also named , to hold to him the said T. and his Assignes as his Free-hold , according to the forme of the Statute in this case made and provided , untill the debt and damages in the same Writ mentioned shall thereof be fully levied . In witnesse , &c. Otherwise , untill the said T. C. in the said writ also named shall be fully satisfied of his debt and damages in the same writ mentioned . In witness , &c. R. S. Esquire , Sheriff . The within named A. B. is not found in my Bailywick . The residue of the execution of this Writ appeareth in a certain indented Inquisition hereunto annexed . R. S Esquire , Sheriff . An Inquisition indented taken at I. in the County aforesaid the one and twentieth day of October in the year of our Lord 1658. before me R. S. Esquire Sheriff of the same County of N. By vertue of a Writ of His Highnesse the Lord Protector of the Commonwealth of England , Scotland , and Ireland , and the Dominions and Territories thereunto belonging to me directed , and to this indented Inquisition annexed : By the oath of H. S. and so to the number of twelve at least , good and lawfull men of my Bailywick , who say upon their Oath that R. T. in the aforesaid writ named the twentieth day of A. in the year of our Lord 1657. in the same Writ mentioned , on which day the said R. T. became debtor to his Highnesse , Oliver , late Lord Protector in the aforesaid also mentioned , was seised in his Demesn as of fee , of and in one Messuage with the Appurtenances , five acres of Land , sixe acres of Meadow , and eight acres of Pasture , scituate , lying and being in F. in the County aforesaid , now in the tenure and occupation of J. G. or his Assignes of the cleer yearly value in all Issues above reprises 10 l. All which said Messuage , Lands and Tenements , with the Appurtenances , I the said Sheriffe , the same day of the taking this Inquisition have taken and seised into the hands of his Highnesse , Richard , now Lord Protector , as by this Writ it is commanded And the same Jurors say upon their Oath , that the aforesaid R. T. at the day of the taking this Inquisition is seised in reversion ( when it shall happen after the death of C. Widow ) in his Demesn as of Fee , of one Messuage , with the Appurt . six acres of Land , 5 acres of Meadow , and 12 acres of pasture scituate , lying and being in H. in the foresaid County of N. and now in the tenure and occupation of the same C. widow : And that the aforesaid C. widow is now living , so that at present the said Messuage , Lands and premisses in H. aforesaid are worth nothing : But after the death of the said C. widow will be of the cleer yearly value in all Issues above reprises 8 l. The reversion of which said Messuage , Lands , and Premisses , with the Appurt . in H. aforesaid , when it happens , I the same Sheriffe have also the same day of taking this Inquisition , taken and seised into the hands of his Highnesse the Lord Protector , according to the exigence of his Highnesse said Writ . And moreover the said Jurors say upon their oaths that the above named R. T. at the time of the taking this Inquisition , was and is possessed of all the Goods and Chattels severally mentioned , comprised , apprised , and valued in a certaine schedule to this indented Inquisition annexed , as of his owne proper Goods and Chattels , and that the whole value of the same Goods and Chattels is forty shillings . Which goods and Chattels the same day of the taking this Inquisition , I the aforesaid Sheriffe have likewise seised into the hands of his said Highnesse the Lord Protector . And the same Jurors further say upon their Oath , that the same day of the taking this Inquisition , R. J. of G. in the County of N. aforesaid Yeoman , was indebted to the above named R. T. in the whole sum of twenty pounds for Rent . And also that there is now in the hands of the same R. J. divers Goods and Chattels of the said R. T. ( that is to say ) one long Table , &c. which goods and Chattels together are of the value of 40 s. All which said debt of twenty pounds , and the Goods and Chattels of the said value of 40 s. l the Sheriff aforesaid the same day of the taking of this Inquisition , have also seised into the hands of his said Highnesse the Lord Protector , as in the hands of the aforesaid R. I. And the aforesaid Jurors moreover say upon their Oaths that the within named R. T. hath no other or more Lands or Tenements at the aforesaid day he became debtor so as abovesaid , nor at any time since , nor hath he any other or more goods or chattels at the time of the taking this Inquisition in my Bayliwick to the knowledge of the said Jurors . In witnesse , &c. R. S. Esq sheriff . By vertue of this Writ to me directed by W. G. and E. D , honest and lawfull men of my Baliwick , I have given notice to R W. within named , Son and Heire of R. W. within mentioned , deceased . And to W. R. and I. H. Gent. Tertenants of divers Lands and Tenements in my Bayliwick , of which the said R. W. the Fther was in his life time seised in his Demesne as of Fee on the morrow of All Soules within specified ; That they be before the Justices within mentioned at the day and place within contained to shew , &c. as within it is commanded . R. S. Esq sheriff . Pledges of prosecuting Io : Doo . & Ric. Roo . Summoners of the within named H.W. R.M. & R. B. And further by vertue of this Writ the 3d day of Ia : in the yeare within written , I made publique proclamation according to the forme of the Stat. and the exigence of this Writ . R. S. Esq Sheriff . The Oath of the Sheriffe . YOu shall sweare , that you shall well and truly serve his Highnesse the Lord Protector in the Office of the Sheriffe of the County of Yorkshire , and do the Common-wealth profit in all things that belongeth to you to do by way of your office , as far forth as you can or may . You shall truly keep the Common-wealths right , you shall not assent to decrease , or lessening , or to concealment of his Highnesse rights , or of his Franchises . And whatsoever you have knowledge that his Highnesse rights have been concealed or with-drawn , to be in Lands , Rents , Franchises , or Suits , or any other things , you shall do your true power to make them be restored to his Highnesse again . And if you may not do it , you shall certifie his Highnesse the Lord Protector , his Councel , or some of them thereof : You shall not respite his Highnesses debts for any gift or favour , where you may raise them without great grievance to the debtors : You shall truly and rightfully treat the people of your Sheriff-wick , and do right as well to poor as to rich , in all that belongeth to your office : You shall do no wrong to any man for any gift , or other behest or promise of goods for favour nor hate ; You shal disturb no mans right ; You shall truly acquit at the Exchequer all those of whom you shall receive any thing of his Highnesses debts . You shall take nothing whereby his Highnesse or the Common-wealth may loose , or whereby the right may be letted or disturbed , and his Highnesse or the Common-wealth delayed . You shall truly returne , and truly serve all his Highnesses Writs , as far forth as shall be to your cunning . You shall not have to be your under-Sheriff any of the Sherifs of the last yeare past . You shall take no Baylif into your service , but such as you will answer for ; you shall make Oath of your Baylifs to make such oath as you make your self in that which appertaineth to their occupation ; you shall receive no Writ by you nor any of yours unsealed , or any sealed under the seale of any Justice , saving the Justices of Assize , or Justice assigned in the same Shire where you are Sheriffe , or other Justices having power and authority to make any Writs unto you by the Law of the Land , or of the Justices of Newgate ; you shall make your Bayliffs of true and sufficient men in the Countrey . Also you shall do all your power and diligence to destroy and make to cease all manner of Heresies and Errors , commonly called Lollaries , within your Bayliwick from time to time to all your power , & assist and be helping to all the Ordinaries and Commissaries . You shall be dwelling in your own proper person within your Bayliwick for the time you shall be in the same Office , except you be otherwise licenced by his Highnesse the Lord Protector . You shall not let your Sherifwick , nor any Bayliwick thereof to any man. You shall truly set and return reasonable and due issues of them that be within your Bailiwick after their estate and behaviour , and make your pannels your selfe of such persons as be next , most sufficient , and not suspect nor procured , as it is by the Statutes provided . And over this ; in eschewing and restraint of Man-slaughters , Robberies , and other manifold grievous offences that be done daily , namely by such as name themselves Souldiers , and by other Vagrants , the which increase in number , and multiply , so that the people of this Common-wealth may not in safety ride , nor goe to doe such things as they have to do , to their intolerable hurt and hinderance . You shall truly and effectually with all diligence possible to your power execute the Statutes , as the Statute of Winchester , and for Vagabonds . All these things you shall truly observe and keepe , as God you helpe , &c. An Indenture by a high Sheriffe , deputing one to be his under-Sheriff . THIS INDENTVRE made , &c. between A. B. of R. in the County of Yorke Esquire , Sheriffe of the said County of the one part ; And C. D. of W. in the said County , Gent. of the other part , witnesseth ; That the said A. B. of assured hope , confidence , and trust that he hath , that the said C. D. will honestly , uprightly , and sufficiently discharge the office and duty of Under-sherif , aswell towards his Highnesse the Lord Protector , as all the people of this Common-wealth of England , and therein discharge him the said Sheriffe , and for the consideration hereafter mentioned , hath been pleased and contented to assigne , depute , ordaine , constitute and make , and by these presents doth assigne , depute , ordaine , constitute and make the said C. D. his Under-sheriffe of the said County of Yorke , authorizing hereby the said C. D. according to the Covenants and Agreements by these presents contained , to execute , persorme , and do all that which to the duty and office of Under-sheriffe of the said County of Y. shall appertaine , or to the Sheriffe of the said County , without the personall presence of the said Sheriffe may be executed and done , and also to receive and take to his owne use , all manner of duties and lawfull free commodities , profits and advantages to the same office belonging , or in any wise lawfully appertaining , during such time as the said A. B. shall continue Sheriffe of the said County , in consideration whereof , the sayd C. D. for himselfe , his Heires , Executors , and Administrators , doth covenant , promise , and grant , to and with the said A. B. his Executors , Administrators , and Assignes , and every of them by these presents ; That he the said C. D. shall and will during such time as the said A. B. shall continue , remain , and be Sheriff of the said County of Y. honestly , truly , and sufficiently execute and 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 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 , 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 . 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 , 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 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 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 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 VVrits 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 . 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 , and every of them , doth covenant and promise , to and with the said A. B. his Heires , Executors , and Administrators , to acquit and discharge , or else to save harmlesse the said A. B. &c. of and from all , and all manner of costs and damages , which may in any wise be awarded , adjudged , decreed or recovered against him or them by reason of any such suit . Finally , The said C. D. for himselfe , his Heires , &c. and every of them doth covenant , promise and grant , to and with the said A. B. his Heires , &c. and every of them by these presents , that he the said C. D. his Executors , &c. shall and will on this side the Feast day of the Purification of our blessed Virgin Mary , which shall be in the yeare , &c. well and truly discharge and pay unto his Highnesse the Lord Protector , his Heires , or Successors , all such summe and summes of money , duties and demands , as shall be due unto his Highnesse , his Heires or Successors , wherewith the said A. B. shall be charged or chargeable as Sheriffe , or by reason of the said Office of Sherifwick of the said County of Y. and thereupon within three moneths next ensuing shall procure unto the said A. B. his Heires , &c. a sufficient discharge and quietus est , in full discharge of his said office and account . Provided alwayes , That if the said C. D. his Deputy or Deputies , Attorney , or Attorneys , Clark , or Clarks , Deputy , or Deputies , or any of them , at any time during the said office , shall commit , do , or suffer to be done , any manner of act , or acts , thing or things whatsoever , or shall omit or leave undone any act , or acts , thing or things whatsoever , belonging to the said office of Sheriffe of the said County of Yorke , or by colour of the said Office ; by reason whereof , the said A. B. his Executors , Administrators , or Assignes , or his or their Goods or Chattels , Lands , Tenements , and Hereditaments , or any of them , may in any wise be charged , or chargeable , above the summe of , &c. That then , and from thenceforth it shall be lawfull to , and for the said A. B. to grant , assigne , and depute the Execution of the said office of Under-sheriffe , for the residue of the said time then to come , to any person or persons : And that then , and from thenceforth , it shall be lawfull to and for all such Assignee and Deputy , to have and take all the sees and commndities , profits , and advantages , from thenceforth to the said office belonging , or in any wise appertaining , This Indenture or any thing therein contained , or any other matter or cause concerning the Assignement or deputation of the said Under-sherifwicke in any wise notwithstanding . And the said A. B. for him , his Heires , &c. doth covenant & grant to and with the said C. D. his Heires , &c. by these presents ; That he the said A. B. his Heires , &c. shall or will deliver , or cause to be delivered to the said C. D. his Heires , &c. to be cancelled , all such Bonds , and Obligations , wherein any person or persons shall be , or stand bound , for , or in the behalfe of the said C. D. to the said A. B. for , or in respect of the Execution of the said Office of the said Under-sherifwicke , or for the saving harmlesse of the said A. B. concerning the said Office of High Sheriffe , within three moneths next after the said C. D. his Heires , &c. shall procure or deliver to the said A. B. his Heyres , &c. a Quietus est out of his Highnesse Court of Exchequer , for his discharge of his said Office , and the Bond of the said C. D. to remain for the saving harmlesse of the said A. B. his Heirs , Executors , and Administrators , of Amerciaments and other Impositions touching the said office . And whereas by an Agreement made betweene the said C. D. and one E. F. Gentleman , whom the said A. B. hath appointed Under-sheriffe for the County of YORKE , it is acknowledged and affirmed by the said C. D. before the sealing of these Indentures , that the said C. D. his Executors , Administrators or Assignes , is to passe the whole account of the said A. B. and to execute , levy , gather up , extend , bring in , and pay all such seisures , extents , processe , Chequer silver , duties and demands , charges , sum , and summes of money whatsoever , howsoever , or wheresoever , as the said A. B. his Heires , Executors , or Administrators , shall be in any Court or Courts , place or places , any way charged or chargeable unto , or withall as Sheriff of the said County of Y. at and according to the place and places , time and times , limited in these Indentures , for the said C. D. to do and performe , and thereupon shall also acordingly within sixe moneths next ensuing the time within limited , procure unto the said A. B. his Heires or Assignes , a sufficient discharge , and quietus est in full discharge of the said office and account . And the said A. B. hath to that end also security of two thousand pounds from the said C. D. and his sureties , for the performance of the like covenant amongst other covenants in the Indenture specified , which are made between the said A. B. and the said C. D. And yet notwithstanding the said A. B. for his better security doth by these presents binde and tye the said E. F. his Executors , Administrators , or Assignes , to the doing and performing of the same . Also the said A. B. is well pleased and contented , and for himselfe , his Executors , and Administrators , doth covenant , promise , and grant , to and with the said E. F. his Executors , Administrators , and every of them , that if the said A. B. his Heirs , Executors , Administrators , and Assignes , shall or may be relieved , saved harmlesse , or indempnified for and concerning the fore-recited covenants and agreements by the sayd C. D. his Executors , and Assigns , and his sureties , that then he the said A. B. his Executors , Administrators , or Assignes , shall or will not take any benefit or advantage of the said covenants and agreements against the said E. F. his Heirs , Executors , Administrators , or Assignes , or any his sureties , or any of them . In witnesse whereof , &c. Or Thus. THIS INDENTURE made , &c. in the year , &c. Betweene A. B. of R. in the County of Yorke , Esq ( now high Sheriffe of the said County ) of the one part , and C. D. of , &c. in the said County , Gentleman , of the other part . Whereas his Highnesse , RICHARD , Lord Protector of the Common wealth of England , Scotland , Ireland , and the Dominions and Territories thereunto belonging . By his Highnesse Letters Patents under the Great Seale of ENGLAND , bearing date the seventeenth day of this instant November , have made , nominated , constituted , assigned , and appointed the said A. B to be High Sheriffe of the said County of YORKE during his pleasure . Now this Indenture witnesseth , That the said A. B. for the good opinion which he hath conceived of the said C. D. and of the trust and confidence which hee reposeth in him , hath deputed , assigned , constituted , and ordained , and by these presents doth depute , assigne , constitute , and ordaine him the said C. D. to be his Under-sheriff , of , for , and in the said County of Yorke , during all the time that he the said A. B. shall be and remaine Sheriffe of the said County , by force of the Letters Patents aforesaid , and doth hereby authorize the said C D. to serve , exercise , and execute the said Office of Under-sheriffe of the said County under him the said A. B. in his name during all the time aforesaid . And the said A. B , as farre as in him lyes , doth also by these presents grant unto the said C. D. that it shall , and may be lawfull to and for the said C. D. by force hereof to appeare , answer , and serve , and minister as Under-sheriffe of the said County of York , for and in the name of the said A. B. as well in all places of the said County of York , as in all and every the Court and Courts within the Common-wealth of England , and before all and every the Justices of Oyer and Terminer , Justices of Assize and Goal-delivery , Justices of the Peace , Coroners , and Escheators , and other Officers and Commissioners of this Common-wealth where the said A. B. by vertue of the said Office of Sheriff-wicke for the said County of YORKE , shall be bound , or ought to appeare , answer , serve , or be attendant , and to breake open , answer , returne and execute for him the said A. B. in his name all Processe , VVrits , Precepts , VVarrants , Mandates , and Commandements to the Sheriffe of the said County directed , or hereafter to be directed out of any the Courts aforesaid , or from any the Justices , Coroners , or Escheators aforesaid , and to doe , performe , and execute for him the said A. B. and in his name all and every thing and things , which by him the said A. B. by vertue of his Office of Sheriff-wicke of the said County of YORKE , is to be performed , executed , and done , saving alwayes , and excepting the said C. D. shall not by vertue thereof be authorized to open , returne , send , or execute any VVrit or VVrits for electing any Knights of the Shire , or Burgesse of Parliament for the said County of YORKE , or any Burrough within the said County , nor open , execute , or answer any the Letters of his Highnesse the LORD PROTECTOR , or the Councell , to bee directed unto the said Sheriffe of the said County of YORKE , without the speciall warrant , direction or Commandement of him the said A. B. for that purpose . And further the said A. B. doth by these presents grant unto the said C. D. for the executing of the said Office , all the Fees , Duties , and Profits to him due , arising and growing , by the County Courts to be kept within the said County of YORKE , and all other fees , rewards , duties , allowances and profits incident to the office of Sheriffe-wicke , or thereunto belonging , for which the said A. B. is or shall be allowed by the Common Lawes of this Nation , or customes of the said County , either for the opening , returning , or executing of any VVrit , Precept , or Processe , Warrant or Commandement whatsoever ; or for other executing of the said office , and which have not beene accepted heretofore , the ordinary Fees of any other his Bayliffs or other Officers , to have and enjoy the said duties , fees , rewards , allowances and other profits to his owne use without an accompt to be rendered to the said A. B. his Executors , or Administrators for the same . And the said C. D. for and in consideration of the benevolence aforesaid , and for the free gift and grant of the said A. B. doth for himself , his Heirs , Executors , Administrators , and Assignes , and every of them , covenant , promise , grant and agree , to and with the said A. B. his Heirs , Executors , and Administrators , and Assignes , by these presents , that he the said C. D. shall and will at all times from and after the day of the date of these presents , duely , diligently , lawfully and carefully serve the said A. B. as his Deputy and Under-sheriffe of , in , and for the said County of YORKE , without doing or committing any kinde of extortion , or wilfull mis-behaving of himself in the said office , and shall and will duely and respectively execute the said office of Sheriff-wicke , under the name of the said A. B. in all points , so farre forth as these presents , the LAWES of the LAND , or other Licence or Commandement of the said A. B. shall warrant or give liberty , and shall and will in the name of the said A. B. and as his Deputy in the said office of under-Sheriff of the said County of Y. be answerable , attendant and minister in all Courts of his Highnesse the Lord Protector by and before the said Justices of Assize , Justices of the Peace , and all Commissioners , Escheators , Coroners , and other Officers of his Highnesse the Lord Protector , before whom the said A. B. shall be bound or required to Minister , answer , or be attendant in respect of the said office of Sheriffwick for the said County , and shall and will execute and make answer , true and sufficient return of all such processe , writs , precepts , and commandments directed from his said Highness , or from every or any of the said Courts , Justices , Commissioners , Escheators and other Officers aforesaid , as shall be delivered to , or come to the hands of him the said C. D. his Deputie or Deputies , Assignee or Assignes , or shall and will discharge and save harmlesse the said A. B. his heires , Executors , and Administrators , and his 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 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 , 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 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 . 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 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 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 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 , 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 , 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 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 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 , 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 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 , Executors , and Administrators , covenant , promise and grant , to and with the said A. B. his Heires , Executors , and Administrators by these presents , that he the said C. D. his Executors and Administrators , shall and will from time to time , and at all times hereafter , save , defend , and keep harmlesse the said A. B. his Heires , Executors , and Administrators , and his and their lands , tenements , goods , and chattels , of and from all costs , charges , and damages which may arise and happen , by reason of any bill in equity , or of any Non-suit or judgment obtained by any person or persons of , or upon any of the said Covenants , Obligations , or Bonds , to be taken for appearance as aforesaid , or by reason or meanes of removing any action or suit in the name of the said A. B. his Heires , Executors , or Administrators , against any person or persons upon the same Covenants , Obligations , or any of them . And whereas it is agreed by and between the said parties to these presents , that the said C. D. shall become bound by obligation to the said A. B. in the penal summ of 500 l. conditioned for the true performance of the Covenants , articles , and agreements in these presents contained , on the part and behalfe of him the said C. D. his heires , executors , and administrators , to be performed , and shall also procure five sufficient Sureties , before the thirtieth day of Ianuary next ensuing the date hereof , to become bound unto the said A. B. in the several penal summs of 100 l. a piece , with the like conditions as aforesaid . Now the said A. B. is contented and pleased , & doth by these presents , for himselfe , his heirs , executors , administrators and assigns , covenant , promise , and grant , to and with the said C. D. his heirs , executors , administrators , and assigns by these presents , that he the said A B. his heirs , executors , or administrators , or some , or one of them , shall and will within the space of one year next after the said C. D. his heirs , executors , or administrators , shall deliver or cause to be delivered unto the said A. B. his heirs , executors , administrators , or assignes , the said Quietus est , before in these presents mentioned , the said A. B. his heirs , executors , and administrators , being first sufficiently and reasonably discharged , and saved harmlesse , of , and from all the payments , penalties , fines , amerciaments , damages , dangers , and other demands before in these presents mentioned upon the reasonable request of the said C. D. his heirs , executors , or administrators , shall deliver or cause to be delivered up the said Obligations , so to be made by the Sureties of the said C. D. as aforesaid , to such Suretie or Sureties respectively , and to their respective heirs , executors , or administrators to be cancelled : In witnesse whereof , &c. The form of the Condition . THE CONDITION , &c. That whereas His Highnesse the Lord PROTECTOR , &c. by his Letters Patents bearing date the , &c. in the year of our Lord , &c. did apoint , nominate , and make the within named A. B. High Sheriffe of the County of York , which said A. B. afterwards by his Indenture bearing date , &c. did ordaine , depute , constitute , and make the within bounden C. D. his Deputy and Under Sheriffe of the said County of Y. as by the same Indenture more plainly at large doth , and may appear ; If the said C. D. his heirs , &c. and every of them do at all times hereafter , and from time to time , for ever clearly acquit , exonerate , and discharge , or otherwise sufficiently save and keep harmlesse the said A. B. his heires , executors , and administrators , and every of them , and his and their goods , chattels , lands , tenements , possessions , and hereditaments , and every of them , and of , and from all and every of the summ and summs of money wherewith the said A. B shall be charged , by reason of the said office of Sheriffwick , and shall fall out not to be answered upon the accompts ; and of and from all action and actions , plaint or plaints , or debt , or debts that shall be commenced against the said A. B. his heires , &c. by reason of any escape , or escapes , committed of any prisoner or prisoners arrested , and not committed to the common Goale of the said County , or afterwards by the act or negligence of the said C. D. or any the Bailiffe or Bailiffes , or any his servants or Deputies , and of and from all actions , suits , costs , losses , damages , hinderances , and demands whatsoever , which shall or may at any time or times hereafter come , grow , or be to or against the said A. B his , &c. on his or their goods , chattels , lands , tenements , possessions and hereditaments , and every or any of them , for , or by reason of the premisses , or any of them , That then this present Obligation , &c. Or thus : THE CONDITION , &c. That whereas the above named A. B. Sheriffe of the County of Y. hath assigned and deputed the above named C. D. his Under-Sheriff : If therefore the said C. D. the above bound E. F. and H I. their heires , executors , and administrators , and every of them do at all time and times hereafter , save and keep harmlesse and indempnified as well the said A. B. his heires , executors , administrators , and assignes , and every of them , as also the lands , tenements , hereditaments , goods and chattels of the said A. B. of , for , touching , and concerning the returns and executions of all such Processe , Writs , and Warrants of what nature soeverr they be , as are , or shall be hereafter directed to the Sheriffe of the said County of Y. and shall be brought and delivered , or offered to be delivered to the said C. D. during the time that the said A. B. shall be Sheriffe of the said County ; And of , and from all issues , fines , and amerciaments which shall happen to be imposed or taxed upon the said A. B. for and concerning the not executing , wrongfull executing , or detaining in his hands any Writs , Processe , or Warrants , and of , for , and concerning all escapes 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 , sulfilled , 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 . 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 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 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 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 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 , 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 , 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 VVrit , 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 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 . 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 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 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. 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 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 . He was established by pristine Kings , ELFRED , &c. to be Principalis conservator pacis , according to the Mirrour of Iustice , which saith , Auxi ordains fuer Coronours in Chescun County , et Viscounts a garder le peace , quant les Countees soy demisterent del gard , et Bayliffes in lieu de centeners ( that is ) Coroners in every County , and Sheriss were ordained and constituted to be Conservators of the Peace , when the Earles dismist themselves of the custody of the Counties , and in place of Hundredors : but of his antiquity and jurisdiction . Vide 2d Instit . Magna Charta , Cap. 17. Merton , Cap. 3. Reddisseisin , and Westminster 1. Cap. 10. and 26. and Articl . super Chart. Cap. 3. This office of Coroner is duplicate General & Special . 1. Generall . TO the office of generall Coroners appertaines the receiving of the Appeales of the whole County , of Fellonies committed within the yeare ; to award the Exigents of contempts , and to pronounce the Judgements of Out-lawries upon County dayes ( of which see more in the County Court ) and likewise in what pledge or Decenary they were , or of whom mainprised , and in whose ward . 2. Speciall . SPeciall Coroners , are Coroners of Liberties , and of priviledged places , as Coroner of the Verge , viz. Coroner of the Protectors Houshold , &c. to demonstrate the distinction of the Authority and Jurisdiction of generall and speciall Coroners by Wrote and Wiggs Case , in the fourth Reports , fol. 45. and 46. Where it was resolved , That at Common Law the Coroner of the KINGS House had an exempt jurisdiction within the Verge , and the Coroner of the County cannot intermeddle therein , as appeares by the preamble of the Statute of Articuli super Chartas ; Because that before this time many Felonies done within the Verge have beene unpunished ( and the reason and cause thereof was ) because the Coroners of the County are not suffered to interpose to enquire of Felonies within the Verge , but the Coroner of the KINGS hostel , which is passant . By which it appears , that the Coroner of the County could not intermeddle with the death of a man within the Verge , but the Coroner of the Hostell onely . And so was it adjudged , Pasch . 24 Eliz. in the Kings Bench , where Swift was indicted before the Coroner of the County of Middlesex , of a Murther done at Tuthil in the said County of Middlesex , which Indictment was removed into the Kings Bench , and there Swift pleaded , that Tuthil was at the time of the murther , and yet is within the verge , &c. upon which the Attorney did demur in Law , and it depended in advisement three Terms , and at length the plea was adjudged good , and thereupon he was discharged of the Indictment ; for as the Coroner of the houshold cannot intermeddle within the County out of the verge , because his Office extendeth not to it : so the Coroner of the County cannot intermeddle within the verge ; and it shall be contrary 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 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 , 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 . 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 ; 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 . 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 , 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 . 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 . But to proceed , if the Coroner with the advice of the people present , be able to judge of the death , then are they to present the manner of his killing , whether he died of anothers felony , or of his own , or by mischance ; and if of blows , whether of a staff or a stone , or any other weapon ; and he is to record in his rolls the names of those who were summoned and appeared not , that the same offences of disobedience remain not unpunished , whereby the Coroner could not at that time proceed for want of Jurors . Therefore we will inquire what persons may be of the Enquest . What persons are to be of the Coroners Inquest , and how to be qualified . THe Inquisition before Coroners is to be of persons within the four next adjacent Villages , to be made by the Bailif or Constables of those Villages , as appeareth by the Stat. of 4 E. 1. de officio Coronatoris , & Crompton fol. 113. In these Enquests lye no exceptions or challenges to the persons of the Jurors ; but he ought to make his pannels of the discretest , of the ablest , and best of them . The names of the Jurors ought to be certified , for peradventure they be not probi & legales homines , but Villains and Outlawes , 15 H. 4. 41. for note , that an Indictment before Coroners was found , that the Earle of B. was felo de se , was quashed , because it did not appear that it was per sacramentum proborum & legalium hominum , Pophams rep . fol. 202. Harrison against Errington . And likewise in Hillary termo 2. Car. B. R. Pophams rep . fol. 209. & 210. a great multitude of Welshmen were indicted for the death of a man by an Inquisition taken before the Coroner in the County of Montgomery in Wales , and exceptions were taken to the Inquisition : as first , that the Coroner cannot take any Inquisition , unlesse it be super visum corporis , and to this was cited , Britton 6. R. 2. Coron . 107. 21 E. 4. 70. 2. R. 3. 2. This is also the reason , that if a man drown himselfe , and cannot be found , the Coroner cannot inquire of the death of this man : but for the King ( or Protector ) to have a forfeiture of his goods an Inquisition ought to be taken before the Justices of the Peace . The second exception was , that the Inquisition was , per sacramentum proborum & legalium hominum Com. praedict . whereas by the Statute of 4 E. 1. this enquest ought to be by men of the four next Towns adjoyning , and this ought to appear in the Indictment also . Hill. 10. Jac. Rot. 3. Co. Lib. Intr. 354. and in Pasc . 3. Car. This Indictment was quashed for these exceptions . The empannelling of the enquest , and the view of the body , and the giving of the verdict , is commonly in the Street in an open place , and in corona populi ; but this name rather cometh , because the death of every Subject by violence is accounted to touch the crown of the Prince , and to be a detriment unto it . The Prince accounting that his strength , power , and crowne doth consist in the force of his people , and the maintenance of them in security and tranquillity . The method of keeping the Coroners Court. THe Coroners Court is a Court of Record , and holden after this manner . When a Coroner cometh to view a party that hath hanged , killed , or drowned himselfe , or that hath come to his death by any other accident , he must make out his warrant to impannel a Jury , to the Bailiffe in whose Liberty the party lyeth dead , to appeare before him at such a day , and place as he shall mominate and appoint . The forme of the Warrant is thus : To the Bayliffe , and also to the Constable and Tithing-men of the Hundred of R. in this behalfe joyntly and severally greeting . BY vertue of mine office , these are in the name of Richard Lord Protector of the Common-wealth of England , Scotland , and Ireland , and the Dominions and Territories thereunto belonging , to will and require you , immediatly upon the receipt and sight hereof , to summon and warn twenty foure able and sufficient men to be and appear before me at Skipton the 21. day of November next ensuing the date hereof , at the common Tolbooth of the said Towne , then and there to do execute such things as on his Highnesse behalfe shall be given them in charge ; whereof faile you not , as you , and every of you will answer the contrary at your perils . Dated under my hand and seale the 12. day of September , in the yeare of our Lord , 1158. By me W. G. one of the Coroners of his Highnesse the Lord Protector . If it be in a City or Corporation , then the form of the warrant or precept is thus : To the Sheriffe of the City of York , and to the Serjeants at Mace , attending the said Sheriffs . THese are to will and require you , and in the name of his Highnesse the Lord Protector of , &c. straitly to charge and command you , that you cause to come before me one of the Coroners of the City of York , and County of the same City , at the house of T. P. in Fosgate within the said City , betweene the houres of One and Two of the Clock in the Afternoone of this present first day of May twenty four good and lawfull men of the said City , then and there to enquire upon the view of the body of A. B. there lying dead , how , and in what manner he came to his death , faile not herein at your peril , as you will answer the contrary : Given under my hand and seal , the &c. 1658. By me I. C. &c. When you come to the place appointed , call the Baliffe , Constable , &c. to make a returne of their Warrant . Then command one to make three Proclamations , calling the Jury after this manner . You good men that are returned to appear here this present time to enquire for his Highnesse the Lord Protector , &c. answer to your names as you shall be called , every man at the first call , upon pain and peril that shall fall thereon . And such of the Jury as faile to appeare shall be fined 40 s. The Jury appearing sweare fourteene or fifteene of them , and give the fore-man his oath super visum corporis , thus : You shall diligently enquire and true presentment make on the behalfe of His Highnesse the LORD PROTECTOR , &c. how , and in what manner A. B. here lying dead , came to his death , and you shall deliver up to me ( His Highnesses Coroner ) a true verdict thereof according to such evidence as shall be given up to you , according to your knowledge : so help you God , &c. Or thus : You shall diligently enquire , and true presentment make of such things as shall be given you in charge , according to your evidence : so helpe you God , &c. Then swear the rest by four at once , thus : All such oath as L. M. the fore-man of this Inquest for his part hath taken , you and every one of you shall well and truly observe and keepe on your parts , according to your evidence : so helpe you God , &c. If the evidence be not ready , you may adjourn untill another day and place , to receive their evidence , binding the Jury by recognizance in twenty pounds apiece for their appearance . Then send out your warrant to the witnesses , commanding them to come to be examined before you , and to deliver their knowledge touching the matter in question , taking their examinations in writing under their hands . If it be about the triall of a mans life , then must the witnesses be all bound over in twenty pounds apiece at the least , personally to appear at the next assizes then ensuing , to deliver their knowledge therein . Their Recognizance must be made in this manner , viz. The two and twentieth day of May in the year , &c. A. B. of C. in the aforesaid County , acknowledges himselfe to owe , and to be indebted , &c. under Condition , &c. That if the said A. B. do personally appeare before the Justices of Assize , and Goal-delivery , at the next Assizes to be holden at the Castle of Y. for the said County , and then and there deliver and set forth his knowledge touching the death of E. F. and do not depart thence without license of the said Court. That then this present Recognizance to be void and of none effect , or else the same to stand remain , and continue in force , strength , power , and vertue . Taken and acknowledged the two and twentieth day of May in the year 1658 . aforesaid , before me R. W. Gent. one of the Coroners of the County aforesaid . R.W. Then command three Proclamations to be made , thus : If any man can give evidence on the behalfe of His Highnesse the Lord Protector , &c. how , and in what manner A. B. here lying dead , came to his death , draw near and you shall be heard . Evidence appearing , give him or them this oath : All such evidence as you shall give to this Enquest , concerning the death of A. B. here lying dead , shall be the truth , the whole truth , and nothing but the truth : so help you God , &c. The Jury being all sworne , command them to stand together and hear their charge , the which I shal give you in briefe . Gentlemen , 1. You that are sworne , you shall by your Oaths declare of the death of this man , whether he died of felony , or by mischance ; and if of felony , whether of his owne or of anothers , and if by mischance , whether by the act of God , or of man ; and if of samine , whether of poverty or common pestilence ; and from whence he came , and who he was : and if he dyed of anothers felony , who were principals , and who accessaries , and if Hue and Cry were duly made or not ; and whether the men fled according to law or not , and who threatened him of his life or members , and who were sureties for the Peace ; or whether he dyed of long imprisonment , or of pain , and by whom he was further from life and nearer to his death ; and so of all prevailing circumstances that can come by presumptions . 2. And in case where he died by hurt , or fall , or other chance by the act of God , so that he had no power to speake before his death ; then you shall enquire the names of the finders , and of his next neighbours , and who were his Parents , and if he were killed there , or elsewhere , and if elsewhere , by whom , and how he was thence brought , and the value and kinde of the Deodand , and to whose hands it came ; for in case a man dieth by a fall , in such case according to Glanvile , it is ordained , whatsoever is cause of his death is Deodand ; as it is for whatsoever moveth in the thing whereof he sell , as Horse , Cart , Milstone ; also Vessels are sometimes Deodands , but not in the Sea ; according to the maxime , Omnia quae movent ad mortem sunt Deodanda , but the sums upon the Horses , the goods lying in Ships , Mills , Carts , and Houses are not accounted for Deodands . 3. And in case of anothers felony , then you are to enquire , who were the felons , in what Hundred , Pledge , Dosein , Ward , or Mainprize they were , and from whence they came , and where they returned . 4. And if he was killed by false judgement , then you are to enquire who were the Judges , who the Officers to form the Judgment , and who accessaries ; and if of false witnesses , who they were , and the Jurors . 5. And if he died of his own felony , then that you enquire the manner , and the value of his goods , and the name of his parents , and the finders , and of the neighbours , and the value of the waste . Note that you are also to enquire of the Accessaries , and they are nine in number , viz. 1. Those who command . 2. Those who conceale . 3. Those who allow and consent . 4. Those who see it . 5. Those who help . 6. Those who are Partners in the gaine . 7. Those who knew thereof , and did not interrupt or hinder it by forbidding . 8. Those who knowingly receive such Offenders . 9. Those who are in the force . All which you are to enquire of . Also 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 . 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 . 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 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 . 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 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 , That an Appeale of Death may be commenced before the CORONER , and Processe awarded to the Exigent ; but the Pleashall not be determined before him . Br. Appeale 62. the end Corone 82. Westminster 1. Cap. 10. The Sheriff shall have counter-rolls with the Coroners , aswell of their Appeals , as of Enquests of Attachments ; and of other things which to that Office appertains . An Appeale of Murther by the wife of him that is slain . A. B. the late Wife of C. B. in proper person instantly Appeales E. F. late of S. in the County of YORKE , Gent. in the custody of H. R. Sheriffe of the County aforesaid , and to the Barre brought in her owne person , of the death of the aforesaid C. B. late her Husband , of that , that where the same C. B. the tenth day of May , in the yeare of our Lord , 1658. was in the peace of God and the said Common-wealth , working and labouring in digging of Lime-stones in the Land of T. W. Esq called R. in a certaine place there called a stone Delph , or pit , at S. in the County aforesaid , where there came the aforesaid E. F. as a Felon of the said Common-wealth , and by assault , and of malice fore-thought , upon the aforesaid C. B. the said tenth day of May , in the yeare , &c. aforesaid , about the seventh houre in the forenoon of the same day , by force and armes ( that is to say ) with staves , knives , swords , &c. at S. aforesaid , in the place aforesaid an assault made , and the same C. B. then and there feloniously and wilfully slew , and murthered , and the same C. B. so slain incontinently , layd in a coner of the said stone , delph or pit , and covered him with the Lime-stones then and there lying in the said stone , delph , or pit , in the Parish of S. in the County aforesaid against the publique peace ; and as soon as the same Felon the felony and murther aforesaid had done , fled , and the aforesaid A. B. then freshly pursued from Towne to Town , as farre as four Townes next , and farther , untill , &c. And if the aforesaid E. F. the felony and murther aforesaid done , will deny , then the aforesaid A. B. is ready the felony and murther aforesaid against them to prove , as the Court here , &c. and she found pledges of Prosecution of this Appeale , to wit , J. D. and R. R , &c. If the Appeale be by the heire of the person murthered , then thus . A. B. next of blood , and Son and Heire of C. D. in proper person Appeals E F. late of S. in the County of Y. Gent. and G. H. late of R. in the County aforesaid , Esquire , in the custody of H. B. Sheriffe of the County aforesaid , and to the Barre brought in his owne person , of the death of the aforesaid C. D. lately his Father , of that , that where the same C. D. the day of , &c. in the yeare , &c. An Appeale of Mayheim . A. B. in his proper person Appeales C. D. of S. in the County of Yorke Esquire ; for that , that where A. B. was in the peace of the Common-wealth now at , &c. the same C. D. came and made an assault upon him of fore-thought malice , and armed in such a manner , cut off the right hand of the said A. B. ( or with such staffe struck him upon the head , whereby he pierced the scull of his head ; or with a stone struck out his three fore-teeth ) whereby he maymed him feloniously , and as soon , &c. and if , &c. the same A. B. this is ready against him to prove as the Court , &c. Of wounding , thus . A. B. in his proper person , &c. of that , that where the said C. D , &c. the said A. B. with such a weapon strucke him , and wounded him in such a part of his body , which wound contained so much in length , so much in breadth , and so much in depth ; and this wound he gave him feloniously , and as soone , &c. and if , &c. the same A. B. this is ready against him to prove , as the Court , &c. An inquisition in Man-slaughter . AN Inquisition indented , taken at the Parish of S. in the County of Middlesex , the 25th day of March , in the yeare of our Lord , 1659. before T. E. Gent. one of the Coroners of the County aaforsaid upon view of the body of W. F. then and there lying dead , by the Oaths of I.W. R.W. H.P. I.A. I.B. L.S. ML . I.K. S.B. W.H. R.G. N.D. good and lawfull men of the Parish aforesaid , and of foure other Townes in the County aforesaid , the said Parish next adjoyning , who being sworne to enquire for the LORD PROTECTOR of the Common-wealth of England , Scotland , and Ireland , &c. When and by what meanes the said W. F. came to his death , say upon their Oaths , that the said E. L. late of the Parish of S. aforesaid , in the County aforesaid , Labourer , the twentieth day of March , in the year of our Lord , 1659. aforesaid , not having the feare of God before his eyes , but being moved and seduced by the instigation of the Devill , with force and armes , &c. at the Parish aforesaid , in the County aforesaid , in and upon the said W. F. in the peace of God , and in the publique peace then and there being , feloniously did make an assault . And that the said E. L. the said W. F. then and there to the ground did throw and cast downe , and the said E. L. with the left hand , and both the feet of him the said E. L. the aforesaid W. F. ( so as aforesaid upon the ground lying ) in and upon the breast felloniously did strike , beate and kicke , giving to the said W. F. then and there with the said left hand , and both the feete of the said E. L. in and upon the breast of the said W. F. one mortall bruise of the length of sixe inches , and of the bredth of four inches , of which said mortall bruise the said W. F. then and there instantly languished , and lived languishing from the said nineteenth day of March , untill the said 20th day of March , on which said twentieth day of March , in the yeare aforesaid , the said W. F. at the Parish aforesaid , in the County aforesaid , of the mortall bruise aforesaid dyed : And so the Iurors aforesaid upon their Oaths aforesaid , do say that the said E. L , the aforesaid W F. felloniously did kill and slay in manner and forme aforesaid against the publique peace . What Goods and Chattels the said E. L. had at the time of the Felony aforesaid , in manner and form aforesaid by him done and committed , to the said Jurors is altogether unknown . In witnesse whereof , as well the Coroner aforesaid as the Jurors aforesaid to this Inquisition have set their Seales the day and year first above written . An Inquisition in Man-slaughter , where one was starved , and perished for want of sustenance . AN INQVISITION indented , taken at Hamstead in the County of Middlesex , the 20th day of December , in the yeare of our Lord God , 1658. before I. G. Gent. one of the Coroners of his Highnesse the Lord Protector of the Common-wealth of ENGLAND , &c. of the County aforesaid upon view of the body of W.T. there lying dead and slaine . By the Oath of R.H. W.P. T.E. M.W. I.M. N.D. A.P. P.B. R.B. R.C. I.B. E.F. I.W. I.C. I.H. D.C. I.S. I.M. good and lawfull men of Hampsteed aforesaid , and of foure other Villages in the County aforesaid , to Hampsteed aforesaid next adjoyning , who being charged and sworne to enquire how , when , and after what manner the said W. T. came to his death , doe say upon their Oaths , that I. B of W. in the County aforesaid , Taylor , and S. his Wife , not having God before their eyes , but being moved and seduced by the instigation of the Devill , the 20th . day of November , in the yeare of our Lord God 1658. aforesaid , with Force and Armes , &c. at W. aforesaid , in the County aforesaid , in and upon the said W. T. then the Apprentice of him the said I. B. in the peace of God , and in the publique peace , then and there being , feloniously , wilfully , and of their malice afore-thought did make an assault , and that she the said S. then ( that is to say ) the said 20th day of November , in the yeare aforesaid , and divers other dayes and times , as well before as after , at W. aforesaid , in the County aforesaid , feloniously , wilfully and of her malice afore-thought , did withhold and with-draw from him the said W. T. and did not allow and give unto him the said W. T. good and sufficient Foode , sustenance , raiment , lodging , physicke and other necessaries , with the intent the said W. T. for want thereof , should miserably languish , perish , and dye , of which said with-holding and with-drawing from him the said W. T. and not giving and allowing unto him the said W. T. good and sufficient food , sustenance , rayment , lodging , physicke and other necessaries by her the said S. the said W. T. from the said zoth day of November , in the yeare aforesaid , untill the 15th day of December then next ensuing in the yeare aforesaid , at W. aforesaid , in the County aforesaid , miserably did languish , and languishing miserably lived ; on which said 15th day of December , in the yeare aforesaid , the said W. T. for want of good sufficient food , sustenance , rayment , lodging , physicke and other necessaries at W. aforesaid , in the County aforesaid , miserably perished and dyed , and that he the said J. B. together with the said S. his Wife at the time of the Felony and Murder aforesaid , by the aforesaid S. in manner and sorme aforesaid done and committed Feloniously and wilfully , and of his malice afore-thought was present abetting , ayding , assisting , comforting and maintaining the said S. the said W. T. in manner and forme aforesaid to kill and murder . And so the Jurors aforesaid do say upon their oath aforesaid , that they the said I. B. and S. his Wife , the said W. T. in manner and forme aforesaid , seloniously , wilfully , and of their malice afore-thought did kill and murther against the publique peace , &c. And so the said W. T. came to his death , and not otherwise , nor any other manner then is as abovesaid , what Goods and Chattels , Lands or Tenements the said I. B. and S. his Wife at the time of the Felony and Murther aforesaid , by them the said I. B. and S. his Wife in manner and forme aforesaid done and committed , or any other time afterwards ( unto the taking of this Inquision ) had , they the said Jury are altogether ignorant of ▪ In witnesse whereof , as well the said Coroner as the said Jurors to this Inquisition have set their Seales the day and yeare first above written . Inquisition where one is slaine by misfortune by a Cart loaden with hay . AN Inquisition indented , taken at , &c. Who say upon their Oaths , that the aforesaid A. B. the tenth day of May , in the yeare , &c. abovesaid , at S. aforesaid , in the County aforesaid , going with his Cart from S. aforesaid to L. in the said County , by the way between S. and L. aforesaid , ( that is to say at , &c. aforesaid , in the County aforesaid , his said Cart loaded with Hay , fell upon the body of the said A. B. and so bruised and brake his body , that of that bruising and breaking , the aforesaid A. B. then and there instantly dyed . And so the Jurors aforesaid upon their Oaths aforesaid say , that the aforesaid A. B. in manner and forme aforesaid , by mis-forture to his death came . And further the Jurors aforesaid , upon their Oaths aforesaid say , that then and there four horses with the Cart aforesaid , and their load of Hay , containing in weight by estimation fourty stone , moved to death the aforesaid A. B. and that the aforesaid foure horses are of the price of eight pounds and ten shillings , and that the aforesaid Horses and Cart remaine in the custody of C. D. of S. aforesaid , to wit , the late Wife of the aforesaid A. B. and that the aforesaid fourty stone of Hay , is of the value of fourty five shillings and eight pence , and remaine in the custody of E. F. of S. aforesaid , Gent. In testimony whereof , aswell the Coroners aforesaid as the Jurors , &c. Another , where one by misfortune is slain by the fall off a Scaffold . AN Inquisition indented , taken , &c. who say upon their Oaths , that the aforesaid P. H. the 25th day of August , in the year , &c. abovesaid at St. K. aforesaid , in the aforesaid County , did set up a certaine Scaffold made of Deales , and Fir-poles , to the House of I. B. scituate and being at St. Katherines aforesaid , there to tyle the said House . And E. W. having M. C. the Daughter of W. C. an Infant in her armes , going in the common High-way by the said House , and the said P. H. being at worke alone , then and there on the said Scaffold ; And the said Scaffold being made with rotten Timber , one of the Fir-poles bearing the said Scaffold did break , so that the said Scaffold did fall on the head of the said M. C. and the scull of the head of the said M. C. a little above the left eare of the said M. C. then and there did mortally bruise and breake , of the length of two inches , and of the breadth of one inch , of which said mortall bruise and break the said M. C. instantly languished , and lived languishing from the said 25th . day of August , in the yeare aforesaid , untill the seven and twentieth day of the same moneth of Aug , on which said seven and twentieth day of August , in the yeare aforesaid , the said M. C. at the Liberty aforesaid , in the County aforesaid of the said mortall bruise and break dyed . And so the Jury aforesaid upon their Oaths aforesaid say , that the said H. P. the said M. C. did slay and kill by misfortune , and against his will in manner and forme aforesaid . What Goods and Chattels the said H. P. had at the time of the 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 . 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 . 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. SHERIFFS TOURN AND Court-Leet . Of the Originall of first Institution of them . 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 . 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 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. And in many Books it's denomination is the Kings Leet , and Sheriffs Leet . 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 . 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 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 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 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 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 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 , 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 . 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. 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 . 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 . 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 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 , and one moneth after MICHAELMAS , At the Tourn after EASTER , no Actions popular 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 men , all Earles , Barons , Tenants in ancient demesne , and all women , are excepted , because they are never sworn upon any Inquest . Jury , What. 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 . 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 : 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 , but Amerciament by the Countrey . Of Amerciament . BUT to demonstrate the cause of Amerciament , viz. 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. 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 , 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 . 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. 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. 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. If my Horse be in the keeping of another man , he may be distrained : if I be amercied in the Leet for stopping the High-way , &c. 47 E. 3. 12. But if an Inne-holder be amercied , the horse of a stranger cannot be distrained , 10 H. 7. fol. 21. Note that in 8 R. 2. Avowry 194. If one be amercied in the Sheriffs tourn , the Sheriff may distrain throughout the whole County ; and in like manner if the amerciament be in a Leet , throughout all the precincts of the Leet . The Statute of 1 E. 4. expresly appoints , that no fine or amerciament in the Tourn or Leet shal be levied , unlesse it be certified at the next sessions of the peace by Indenture inrolled there , and by processe made from , the Justices of Peace to the Sheriffe or Steward . How Presentments in Leets shall be traversable . NOte , Scard saith , that if a thing be presented at the day in a Leet , this is as Gospel , if it passe that day without being repealed : And therefore if a false presentment be made , he shall have an action of false imprisonment the same day against the prosecutors , but if he stay until another day it is otherwise : and he who is amercied there for purpresture , or other Nusance in Avowry , for the amerciament he shall traverse in no point . Wilby , If it be presented , that he hath levied a Ditch over the Highway , if the presentment be false , he shall have trespasse against him who throwes it down by force of such presentment : And so of my house abated , by reason of such false imprisonment , Hil. 21. E. 3. Bar. 271. He who is amerced in a Leet , may traverse the resiancy , but he shall not say , that the place where , &c. is within another view , 4 E. 3. 12. 10 E. 3. 5. 41 E. 3. 26. But if he hath been sworn in my Leet , he shall not have the traverse , 4 E. 3. 31. 10 E. 3. 9. The Method of keeping the Sheriffs Tourn , or Court Leet . LEt the Sheriffe ( or Steward ) make a Precept unto the Bayliffe , to summon the Court by a reasonable time : to wit , fifteene or sixteene dayes before the Court be kept ( if it be lesse time it is sufficient in Law ) the Precept must be made according to this subsequent President . A. B Esquire , Sheriff of the County of Y. To the Bayliffe of the Liberty ( or Weapentake ) of S. greeting . I command you , that you diligently summon the Court , with view of franke-pledge , to be held within the said Liberty the sixteenth day of August next ensuing , about the hour of eight in the forenoon of the same day , at the common Tollbooth of R. And this given under the seale of my Office the twenty eighth day of July , in the yeare , &c. By the Sheriffe . If it be a Court Leet held in a particular Hundred , or Mannor of any Lord , then the form of the Precept is thus . A. B. Gent. Steward of I. N Esquire of his Hundred ( or of his Mannor ) of O. to the Bayliffe of the same Hundred ( or Mannor ) greeting . Commanding thee that thou summon this Court with the view of Frank-pledge of the said Hundred ( or Mannor ) to be held at the accustomed place of S. the 16. day of August next ensuing , And this given under my seale the twenty eighth day of July in the year , &c. By me A. B. Steward . After the Steward hath placed himself in the Court , he must first enter the title of the Court in the beginning of the Court-Roll , with the name of the place where the Court is holden , in this manner : The entry of the Court ss . The view of Frank-pledge with the Court of A. B. Sheriffe of the County of Y. there held on Tuesday the 16. day of August in the yeare . &c. By the Sheriff . If In the Lords Court , then thus : ss . The view of Frank-pledge with the Court of I. N. Esquire there held on Tuesday the , &c. By A. B. Steward . Then cause the Bayliffe to make three Proclamations , repeating them after the Steward in this manner . Proclamation . ALL manner of persons who were summoned to appear here this day , to serve His Highnesse the Lord Protector , and the Sheriffe , ( or the Lord of the Mannor ) for his Court now holden , draw near , and give your attendance , and every one answer to his name , as he shall be called , upon pain and peril that may fall thereon . After all are called , and those that are absent be marked to be amercied , then the Steward shall cause the Bayliff again to make other three Proclamations , viz. O yes , &c. causing the Bayliff to say : Proclamation . IF any man will be Essoyned , come into Court and you shall be heard , and all such persons as were Essoyned the last Court let them come in now and warrant their Essoyns , otherwise they will be amercied . And if any desire to be essoyned by the Tythingman , or other neighbour , then for the first Court they may be essoyned . The Essoyn must be entred in this manner : A. B. is essoyned by C. D. &c. Inquire if there be any tenant in the Mannor that hath any action or cause of action , since the last Court day , let him put in his plaint sedente curiâ , viz. the Court sitting , and it shall be entred . Inquire if there be any Precepts , attachments , or distresses depending in the Court rolls , call them openly in the Court , and know , if the Bayliffe have executed them . Also if there be any old Plaints depending in the Court Roll before this court holden , cause the parties to be called , before the inquest be charged . Then impannel the Inquest , comanding the fore-man to lay his hand upon the book , swearing him as follows . You shall sweare , that you shall diligently inquire , and true presentment make of all such things as you shall be charged with , concerning his Highnesse the Lord Protector , ( or the Lords Court of the Mannor ) you shall well and truly keep his Highnesses Counsel , your Fellowes and your owne : you shall not conceale nor hide any thing for favour , feare , promise , or affection you bear to any person or persons , or present any thing for hatred or malice you beare to any man : but you shall present and tell the truth , according as things may or shall come to your knowledge by information , or otherwise : making a true presentment thereof without concealment : so helpe you God , &c. After the fore-man is particularly sworne , cause foure ( at once ) of the Inquest to lay their right hands together on the book , swearing them in this manner . The same oath which A. B. your fore-man on his behalfe hath made , you and every of you shall well and truly keep on your behalfes : so help you God. Swearing the rest accordingly . After they are all sworn , cause the Bayliffe to number them as the Steward doth read them . Then command the Bayliffe to make Proclamation , saying after the Steward . Proclamation . YOu good men that are impannelled to enquire for his Highnesse the 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 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 , 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 . 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 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 . 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 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 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 . 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 . 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 . 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. 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 . 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 . 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 . 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. 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 . 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 . 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 . 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 . 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 . 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 . 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. 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 . 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 . 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 . 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. 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. 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. 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 . 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 . 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. 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 . 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 . 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 . 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. 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. 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. 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 . 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. 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. 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 . 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 . 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 . 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 . 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 . 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 . 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. 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 . 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 . 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 . 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 . 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. 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. 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 . 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. 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 . 51. Or if any do hawk or hunt with spanniels , where corn growes , except it be in his own ground . The penalty is 40. s. to the party vexed . 52. You shall enquire if any do destroy or kill hares by traceing in the snow , with a dogg or otherwise . The penalty to the Lord of the Leet for every hare is 6. s. 8. d. 53. You shall likewise enquire , if any do break any pond , pool , or other pits , wherein the Lord of the Leet hath fish , to the intent to destroy and steal them away . He shall pay to the Lord treble damages , suffer imprisonment for 3. moneths , and finde sureties for his good behaviour for seven years . 54. You shall enquire of Evesdroppers , such as stand under walls or windowes , by night or day to hear newes , and to carry it to others to make strife and debate amongst their neighbours , these are evil members of the Commonwealth , and here inquirable . Such offendes are punishable according to the discretion of the Jury . 55. You are to enquire if any refuse to go to Muster , or absent himself without any lawful impediment . The penalty is 40. s. and ten dayes imprisonment . You shall enquire if any have put to pasture any stoned horses , gelding or mare infected with the scab , or other infectious or contagious disease , into or upon any Common or Common fieldes . The Penalty to the Lord of the Leet ( for every such horse so infected ) is 10. s. 57. You likewise shall enquire if Constables have been dilligent in seeing the peace kept & observed watch and ward , from the day of the Ascension until Michaelmas day every night from the setting of the Sun , until its riseing , 13. E. 1. c. 4. and if they have been remiss in any thing touching any part of their oath it is presentable . For such neglect the Constables are fineable according to the discretion of the Jury . [ Enquire the like of all the rest of the officers , according to the places they are in , as the Tythingman , Surveyors of the high wayes , Searchers and Sealers of Lether , &c. ]   58. You shall also enquire if any man hath given any Lands in Mortmaine , viz to any Corporations , or Fraternity , Religious houses , or Religious persons , without licence . Such gift or devise is void , and the Lord shall have it . 59. You shall also enquire of treasure trove , viz. treasure found within the precincts of this Leete , either within or above the ground , the hiders not being known to any man. It appertains to the Lord of the Leete . 60. You shall likewise enquire of all Estrayes and waifes ; as if there be any Horses , Mares , or other cattel , or Swans , that have come within the Jurisdiction , and remained there a year and a day , and not claimed , these are Estrayes . The Lord may have them by prescription . And Waifes are cattel stoln , and waved out of the possession of him that stole them , as a thief being pursued with hue and cry to save himself doth delinquish them , they are called by the Civillians , bona derelicta ) These Waifes appertein to his Highnesse , unlesse the Lord have them by grant in his Charter . But not to charge your patience with prolixities ; if there shall be any other matter come to your knowledge , omitted in the charge , and fitting to be presented , you shall enquire and present it with the rest . Then after the charge is concluded , the Steward shall command the Cryer to make proclamation , and after Proclamation made three times , the Steward shall say ; If any can inform the Steward or this Inquest , of any Treason , petty treason , Felony , petty Larceny , purpresture , breaking of pondes , or of Rescouse , or of any other thing acted against the peace , or of any misdemeanor of any officer or other person here , or of any waife or stray , Treasure found , Mortmaine or of any other thing here to be enquired of , come into Court and you shall be heard . If any come in , and appear , let him be sworn thus ; The Evidence that you shall give to this Inquest , shall be the truth , the whole truth , and nothing but the truth ; So help you God , &c. Then let the Steward say to the Jury . Go together , and enquire of the matters of your charge , and when you are agreed I shall be ready to take your presenments . Then adjourn the Court by Proclamation , until after dinner , in this manner . All manner of persons that have any more to do at this Court , may for the present time depart , and appear here again at one of the clock in the afternoon . After your return from dinner , call the Court by proclamation , and after O yes three times , say , All manner of persons that were adjourned over until one of the Clock , or have any thing more to do at this Court , let them come into Court and give their attendance , or as they will answer the contrary at their perill . Then take the presentments of the Jury if they be there ready with them ; otherwise , give them a day to bring them in , adjourning the Court till then . At that day call the Court. And then call the Jury , every man by his name , and if they all appear ; take their presentments , and ask them if they be all agreed ; if they say Yes . Then ask them if they be content that their presentments shall be altered in form , if they grant it , then take them , read them , and amend the form if need require ; see that they be brought under their hands and seals for the Stewards warrant . Then discharging the Court with Proclamation , comand the Cryer to say , O yes , three times , and say , All manner of persons that have appeared and have any thing more to do at this Court Leete holden here this day ; Let them come forth and they shall be heard , otherwise they may depart and are discharged of their attendance , and are to keep their day again upon a new Summons . I shall not need to trouble you with presidents of presentments , ( seeing that they are so copiously performed by Mr. Kitching in his Jurisdiction of Courts , and Wilkinson in his office of Sheriffs ) onely with three or four for methods sake . A Presentment of Petty Treason . FIrst , the Jury aforesaid say and present upon their oath , That A. B. &c. at Skipton , within the Jurisdiction of this Court , as a Felon of his Highness the Lord Protector , &c. did make and coyn twenty silver peeces of money called shillings , and forty silver peeces of money called half crownes falsely and felloniously ( having not first gotten his Highnesses Letters Patents ) against the peace of his said Highnesse , and his Dignitie , and against the form of the Statute in this case provided and published . A Presentment of Felony for burning a house . ALso they present , That one A. B. of &c. gent. such a day , &c. at C. within the Juridiction of this Court , by force and Armes , &c. willfully and feloniously ( of malice by him pretended ) did burn the house of one E. F. against his Highnesses peace , and the peace of the Commonweall ; therefore the Bayliff is commanded to seise all his lands and tenements , goods and chattells , that he may answer for them to the Lord of this Mannor . A Presentment of a Felon . ALso they present , That A. B. of &c. Yeoman ' such a day , &c. at S. within the Jurisdiction of this Court by force and arms , &c. and against the publick peace , the Close of C D. at S. aforesaid broke and entred into , and one silk coat , called Tabby , of an Ash colour , of the goods and chattels of the said C. D. then and there found , feloniously took and carryed away . Therefore it is commanded the Bayliff , &c. A Presentment of an Accessary . ALso they present , that A. B. of S. aforesaid gent. such a day , &c. at S. aforesaid within the Jurisdiction of this Court , did councel , provoked , procured , encouraged , and abetted one C. D. &c. one Cow of black colour , &c. of the chattel price , &c. of one , &c. then and there found , feloniously to steal , take and drive away , and the said C. D. by vertue of the councel , provocation , procurement , encouragment and abetment , the aforesaid , &c. the said black Cow such a day , &c. year , &c. felloniously stole , took , and drove away , &c. The Oath of the Steward . YOu shall swear that you well and truly shall serve the Lord of this Mannor of S. in the office of Steward , and truly to see all plaints , actions , processe and matters in the Courts to be holden before the Lord of this Mannor , and by you or your sufficient deputy , according to the custome and Libertyes of the said Mannor , to be entered and recorded as they ought to be , after the best of your cuning , skill , and power , taking for the same your due fees , and the perquisites , issues , profits , and amerciaments of the same Courts ; you shall justly and truly write , and yearly extract , for the levying and gathering thereof ; and you shall truly and diligently do and accomplish all other things appertaining to your said office after the best of your knowledge , as near as Gods grace shall direct you . So help you God , &c. The Oath of the Bayliff . YOu shall swear , that you shall well and truly serve his Highness the Lord Protector , &c. And the Lord of this Leete in the office of Bayliff for this year ensuing , and shall well and truly collect all rents , Revenues and other annual profits , as shall be chargeable , & issuing out to you . And of that you shall make and give a lawful account at the end of the same year , and in every other thing appertaining to your office , well and truly to discharge in your year ensuing . So help you God , &c. The Oath of the Constable . YOu shall swear , that you well and truly shall serve his Highnesse the Lord Protector , &c. in the office of Constable-ship , and as Constable of this Town of S. for and during the space of one whole year now next ensuing ; you shall endeavour your self to the utmost of your power , to see the Publicke Peace kept and Watch and Ward observed and kept in this Town , as hath been accustomed , and as it ought to be : likewise you shall endeavour your self to learn and understand the contents of the Statute of Winchester , and diverse other Lawes and Statutes of this Nation made for the punishment of rogues , vagabonds , and sturdy beggars , haunting and resorting within the precinct of your office , and punish the offenders accordingly . Also you shall punish all such persons , as do or shall play , at any unlawful games , according to the Statute in that case made and provided . You shall also have regard for the maintenance of Artilery within your said office , and that you shall do and accomplish to the utmost of your power , So help you God , &c. The Tithengman or petty Counstables Oath is after the same manner mutatis mutandis ; onely the Tithingman is sworn to attend on the Constable ( if he be required ) when he shall execute his Office. Of the Affeerer , and his Oath . But , first let us inquire what he is , and from whence his name is derived . Minsh . saith , that Affeerer cometh of the old French word Affeur'er , which is , to tax or fine , and in Latine they are called Affidati , as it were men put in trust and appointed to this Office , which do affirm upon their Oathes , what penalty they think in their conscience , the offenders have deserved ; so that they may mulct such as have committed any fault , which is arbitrably punishable , and for which no expresse penalty is prescribed by statute . The Oath is as followeth . You and either of you shall swear , that you will truly and indifferently tax , assesse and affeer all such Amerciaments as are presented at this Court ; wherein you shall spare no man for love , favour , affection or corruption , nor raise nor inhance upon any man ( of malice ) more grievous amercements , then shall be thought reasonable , according to the quality of the offence , and the faults committed , and not otherwise . So help you God , &c. The Oath of the Ale-taster . YOu shall well and truly swear that you shall well and truly serve his Highnesse the Lord Protector , &c. and the Lord of this Leete in the office . of Aletaster , or Assizor of this Liberty or Hundred for this year to come ; you shall duly and truly see from time to time , that the bread brought to be sould be duly weighed , and that the same to continue such weight , according to the prices of wheat , as by the Statute in that behalf is provided : likewise you shall have diligent care , during the time of your being in office , to all the Brewers and Tiplers within your office , that they and every of them , do make good and wholesome Ale and Beer for mans body , and that the same be not sould before it be assayed by you , and then to be sold agreeable to the prices limitted and appointed by the Justices of Peace ; and all faults committed or done by the Bakers , Brewers or Tiplers , or by any of them , you shall make known , and present the same at this Court , whereby due and condigne punishment may be inflicted upon them for their offences accordingly , and in every other thing , you shall well and truly behave your self in the said office for this year to come , So help you God , &c. Of the Hayward , Beadel , or Greve , and his Oath . HAyward , hath its derivation from the French word Haye , i. e. sepes , a hedge , and Garde , i. e. custodia , a keeper of the hedges . With us it signifies , one that keepeth the Common heard of the Town : and yet one part of his office is to look that they break not the hedges of inclosed grounds . He is called by the Latines Bedellus . i. e. oppidi vel civitatis servus . You shall swear , that you shall well and truly serve his Highness the Lord Protector , &c. and the Lord of this Leete in the office of Hayward , Beadel , or Greve for this ensuing year , and you shall duly and truly execute all Attachments , and other process to you directed from the Lord or Steward of this Court , and you shall present all pound breaches which shall be made within your office ; and also all Chattels , Strayes and Waifes , and in every other thing , well and truly hold you in the same office . So help you God , &c. It is usuall with Lords to grant their office of Bayliwick , taking good securities in this manner . A grant of a Bayliwick . TO all , to whom this present writing shall come . A. B. of C. in the County of Y. sendeth greeting . Know ye that I the said A. B. in the fidelity , circumspection and due diligence of my beloved servant E. F. to me and my posterity hereafter to be done and performed , very much relying and confiding ; Have made , ordained , and by this my present writing constituted the said E. F. of Town , Mannor , or Lordship of S. in the said County of Y. Collector and Receiver of all and singular my Rents , Revennues , Fines , Amerciaments , and Estreates of Court Leets , or viewes of Frank-pledge there : And of all other profits by reason of the said Court Leet , or view of Frank-pledge , any way arising , emergent or coming : to have , hold , exercise and occupie the said office to the said E. F. by himself so long as he shall well behave himself towards me , and shall a true and just account of his Receits make unto me , and the same shall well and truly pay and satisfie . Takeing of me for his yearly wages 5l . at the Feasts , &c. by equal portions , by mine own hands after his account and full payment at every half year , and the gifts , rewards , and emoluments to the same office due and accustomed . In testimony whereof , &c. Curia Dominicalis : OR , COURT-BARON . Of the first Original , and Institution of Mannors and of this Court. IF we labour to investigate the Antiquitie of Court-Baron we shall finde them as Ancient as Mannors themselves ; therefore we will inquire what a Mannor is , together with the first institution of Mannors . The word Mannor , Manerium est nomen collectivum & generale , it comprehends Houses , Lands , Gardens , trees , &c. and hath its Etimologie ( as some derive it ) a Manendo , and then it taketh its name either from the Mannor House which the Lord maketh his dwelling place , or else a manendo , quia Dominus ac tenentes in Manerii sui circuitu cobabitant ac manent : others compute its denomination from the Latin , Manerium quasi Manurium , because it is laboured with handy work by the Lord himself , or which the Tenants are obliged to manure , or else from the Lands remaining in the Tenants hands , which are likewise tilled and manured : others would have its appellation from the French word , Manoir , i. e. Mansions ; because the Lord remaineth there and hath his house which is called the principal house of the Mannor , or from the French word Mesner , which signifies to govern or guide , because the Lord of a Mannor hath the guiding and directing of all his Tenants within the limits of his Jurisdiction , and this is holden ( by some ) to be the most probable Etimologie , and most consentaneous to the nature of a Mannor : for a Mannor ( hisce diebus ) signifieth the Jurisdiction and Royaltie incorporate , rather then the Lande or Scite : When the pristine Kings of this Commonwealth ( who had all the lands of England in Demesne ) did conferr great quantities of land upon some great Personages with liberty to parcel the land out to other inferior Tenants , reserving such duties and services as they thought convenient : Such lands were called Mannors ; a Mannor consisting of two parts , viz. 1. Demesne , 2. Services , And neither of them can make a Mannor without the other : for a Messuage or Lands cannot be called demesnes without Tenants belonging to them , to pay Rent and do services : so on the other part , though a man have Tenants to pay him Rents , and do him service , and no Messuage or lands whereupon to keep his Court. and to receive his Rents and services , this cannot be called a Mannor , but onely a Signtory ingrosse , F. N. B. 3. & 8. Likewise a Mannor must be by prescription , and the services by continuance time out of minde , and therefore a Mannor cannot be created at this day by the Protectors Patent , it being an hereditament consisting of many real things and incorporated together , before time of memory ; then a multo fortiori , a subject cannot creat one ; yet may he in some sort enlarge a Mannor by adding some services unto it , 9. Ass . pl. 24 , & Br. tit . tenure , 26. A Customary Mannor , what it is , and what may be a good Mannor to maintain Coppy-holders . NOw though a Mannor by his proper nature ought to consist of Demesnes and Services , Yet in some cases , that may be a Mannor , and maintain Coppyholders , and a Court Baron ; by usuage and custome , which otherwise by Common law is no Manor , nor can be so called , &c. As if diverse do hold lands by Coppy of the Mannor of Dale , and so have done time out of minde , and the like time there hath been no Freeholders to the said Mannor , although this be no Mannor in his proper nature , yet by usuage and custome it is a good Mannor to maintain Coppyhoders , Carthrops Readings 12. And in Coo. 11. 17. & 18. Sr. Henry Nevils case , it is cleerly resolved by the whole Court , that there may be a Customary Mannor , and held by Coppy , and that such a Customary Lord may hold Courts , and grant Coppies , and that such a Customary Mannor may passe by Surrender and Admittance , and that Fines shall be paid upon admittance , as well upon alienation , as upon discent , and there may be also a Customary Lord , Mesne , and a Customary Tenant , as in case where the Mesnalty is a Tenancy at will , at the common law of a Mannor , and also if such a Customary Mannor be forfeited , the Lord shall have the customes and services as appertaining unto the same , and it is there said that the Mannor of Aylesham in the County of Norff. is held by Coppy . By what names a Mannor may passe . A Mannor may pass by several names ; as it may be known by the name of Priory or Chantery as appeareth by the book of 17. E. 3. fo . 8. where a feofment was made of a Mannor by the name of Knights fee , and this is there held to be good , this having usually carryed the name of Knights fee , and the same may well pass by this name , either by Fine or by Feofment ; and in another place a Mannor was cognitum & vocatum by the name of seven yard land as well as by the name of Mannor , and passed . How Court Barons were first Instituted . At the Creation of Mannors , the King delegated Courts to the Lords , where 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 . 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 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. Mich. 8. Jac. 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 , 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 , 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 , that is to affeere , and judge amerciaments , and also to return and certifie judgements . 4. The Copyholders hold two distinct places , viz. 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 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 . The difference betwixt Court-Leet and Court Baron . HAving travelled thus far in this pen-beaten way , we will now inquire the difference between Court-Leet and Court-Baron ; and here these Courts differ from Court-Leets in divers respects : and first in this , that Court-Barons by the Law may be kept once every three weeks , or ( as some thinke ) as often as it shall please the Lord of the Mannor , though for the better ease both of Lords and tenants , they are kept but very seldome ; but a Court-Leet by the Statute of Magna Charta cap. 35. 31 E. 3. cap. 15. is to be kept but twice every year , one time within the Month after Easter , and another time within a Month after Michaelmas . 2. Secondly , in this , that Court-Barons may be kept in any place within the Mannor , but a Court-Leet by the said Statute of Magna Charta is to be kept in certo loco ac determinato within the precinct . 3. Thirdly , in this , that originally Court-Barons belonged unto inferior Lords of Mannors , but Court-Leets belonged unto the King only . 4. Fourthly , in this , that Court-Barons are inseperably incident to every Mannor , so that every Lord of a Mannor may keep a Court-Baron , but few have Leets ; for inferior Lords of Mannors cannot keep Court Leets without speciall prescription , or some speciall patent from the King. 5. Fifthly , in this , that in Court-Barons the Suitors are Judges ; but in Court-Leets the Steward is Judge . 6. Sixthly , in this , that in Court-Barons the Jury consisteth oftentimes of lesse then twelve , in Court-Leets never , because none are impannelled upon the Jury but Freeholders in Court-Barons of the same Mannor ; but in Court-Leets strangers are oftentimes impannelled . 7. Seventhly , in this , that Court-Barons cannot subsist without two Suitors ad minimum , but Court-Leets can well subsist without any Suitors . 8. Eighthly in this , that Court-Barons enquire of no offences committed against the Protector , but Court-Leets enquire of all offences under High-Treason committed against the State and dignity of the Protector . 9. In many other respects they differ , as that a Writ of error lieth upon a Judgement given in a Court-Leet , but not in a Court-Baron . 10. So in a Court-Leet a capias lieth , but in a Court-Baron , instead of a capias is used an Attachment by goods . 11. So in a Court-Baron an action of Debt lieth for the Lord himselfe , becanse the Suitors are Judges , but in a Court-Leet the Lord cannot maintain any action sor himselfe , because the Steward is judge . Of the time when , and place where this Court is to be kept . THE usual and accustomed time is to keep it once every three weeks , and although no Court hath time out of minde been holden within the Mannor , yet it is not thereby extinct and lost , for it is incident to a Mannor of Common right , Coo. l. 4. 26. and 6. 27. a. And to the place where it is to be kept , it may be kept and holden in any place within the Mannor , as the County Court in any place within the County , and Hundred-Court in any place within the Hundred : for as to every Mannor a Court is requisite and incident to it ; so is it transitory throughout the whole Mannor , and every part of the Demesnes of the Mannor is capable of a Court to be holden there . But if it be holden out of the Mannor it is void , unlesse a Lord being seized of two or three Mannors , and hath usually time out of minde holden at one of his Mannors , Courts for all his said Mannors , there by custome such Courts are sufficient in Law , though they be not holden within the severall Mannors . The manner and Method of keeping the Court. THE Court-Baron of A. B. Esquire , of his Court-Baron aforesaid , held the 18. day of October in the year of our Lord 1658. before C. D. Steward there . After you have entered the Stile of the Court , command the Bayliffe to make Proclamation , O yes , &c. and say : All manner of Persons that have been summoned to appear here this day , or have any thing to do at this Court , draw near and give your attendance . Or if any will be Essoyned , or enter any plaints , let them come forth and they shall be heard . Which Essoyn is thus entred , viz. A. B. is Essoyned for suit of Court , by C. D. And Plaints are entred in this manner : A. B. complains against C. D. of a plea of Trespasse , debt , or as the case requires . And the proceeds upon plaints are the very same as in the County Court. Call the Freeholders , and those that make default , let them be amerced in this manner , viz. A. B. Esquire , and C. D. Yeoman , are Free-holders of this Court , and have made default , therefore each of them is amerced , as may appeare upon their heads . Then enter over their heads thus : Amerced two pence . Then command the Bayliffe to call the Jurors . I. D. Jur. C. D. Jur. B. A. Jur. R. R. H. I. D. C. S. T. K. L. F. E. V. W. M. N. R. P. Then call the Foreman to the Booke , and swear him after this manner . You shall swear that you as Foreman of this Homage , with the rest of your fellowes shall duly inquire , and true presentment make of all such articles and things as shall be given you in charge , and therein you shall spare no man , for love , favour , or affection , nor present any man for malice , hatred , or envy , but according as things here presentable , shall or may come to your knowledge , by information or otherwise : So shall you make there true presentment without concealment , So help you God , &c. The Foreman being sworne , call the rest by their names , and sweare them by soure at a time , in this manner : The same oath that I. D. your Foreman hath taken before you on his part , you and every one of you shall observe and keepe of your parts . So helpe you God , &c. After the Inquest thus impannelled and sworn , make another O yes , and say : You good men that are impannelled , draw near , and you , and all other keep silence during the Charge . An Exhortation to the Jury . MY MASTERS : YOU that be sworne , before I give you your Charge , I think it necessary to declare , by what authority you are commanded hither , and for what cause . Chiefely you are appointed to be and appeare here , being that you are the Lords Tenants , and are obliged by reason thereof to appeare at the Lords Court-Baron when it snall be holden , according to the Law and Custome of this Mannor , that is to say , at every three weekes end , being warned , and being ( by the same authority ) there to end and determine injuries , trespasses , debts , and other actions , where the debt or damage is under forty shillings . And also that nothing be acted within the Mannor , which shall be a detriment to the Inheritance of the Lord of this Mannor , which ought to be enquired and presented for the Lord : And that you be the more diligent and carefull in enquiring and presenting the same , I have ministred a corporall oath unto you , which is an Invocation , or taking to witnesse the name of God , to confirme the truth of that you shall say and present , minding neither fraud nor deceit , but only the truth , not partial , but seeking the glory of the Almighty , the commodity of your neighbours , and the whole Common wealth . Thus much of exhortation in briefe , and now to your Charge . The Charge . 1. FIrst , you shall enquire of the Suitors which owe any Suit to this Court , whether they be heires or no , and present their names that make default , for they which be absent ought to be present here as well as you , except they have some lawfull impediment to the contrary , for they hold their lands aswell to do their suit , as to pay their rent ; so that if they do not theīr suit they shall be amerced , or the Lord may have good remedy for the same : Also , you shall understand , that every common Suitor is bound by the Lawes to appeare at the Lords Court-Baron every three weeks : notwithstanding the Lord for your ease ( which he esteemeth more than his own profit ) suffereth it to be kept but seldome , as appeareth ; for which cause every of the Tenants ought to be more willing to come unto his Court at such times as are appointed for the holding of it ; for if they voluntarily absent themselves , then they render evil for good , for when they did their Fealty they were sworne to be true tenants unto their Lord , and to pay and doe all manner of suits , customes , and services due for their Tenements , at their day assigned , and therefore let every man remember his oath , and duty , and doe his suits and services according to the same , otherwise he shall fall into the danger aforesaid . 2. Next you shall enquire whether there be any tenants dead since the last Court-day or before , whose death as yet is not presented , and you shall present the same : also what lands and tenements he holdeth of the Lord of this Mannor at the time of his death , and by what services , to wit , whether it were by Knights-service , Soccage tenure , or Copyhold , and what advantage the Lord shall have by his death , as Reliefe , Escheat , Fine , Heriot , &c. and who is his next heire , and what age he is of , and in whose custody , and present it . You shall understand there be divers manner of Tenures but most men do hold by Knights service , or Soccage Tenure . Knights service is when the Tenant holdeth of the Lord by Escuage , that is to say , by the service of the Shield ; also to hold by Castle-guard , to wit , to keep a Castle or Tower , or other place of his Lords upon reasonable notice , when the Lord heareth that enemies come into England , that is Knights service . Also he that holdeth by Homage fealty , and Escuage , holdeth by Knights service . Also he which holdeth of his Lord to blow a Horne to warne the men of that Courtrey when Enemies do invade England , holdeth by Knights service , and Knights service ought always to be done by a man in his proper person , which formerly drew unto it Ward , and Marriage , and at this day reliefe : for when such a Tenant died seised , and his heir male within age and unmarried , the Lord and the Land holden of him , and also the marriage of him untill he were of full age , viz. the age of 21 yeares . But if such a tenant died seized , his heire female being of fourteene yeares or more , then the Lord should neither have had the Wardship of the Land , nor of her body , for the Law intendeth that a woman of that age may have a Husband able to do Knights service : and if she were within fourteene yeares of age and unmarried , then the Lord had the Wardship of her Land , and also of her body , until she attained the age of sixteen years ; and this at this day is extinct , of which see more in the Act of Parliament for the taking away of the Court of Wards . And some such Tenants do hold by halfe a Knights service , and some by halfe a Fee , and some by more and some by lesse , and if such a Tenant dieth , which holdeth by one Knights fee , and his heir being of full age , then the Lord shall have Homage and Fealty , and also five pounds for a Reliefe ( of this fee the said Act ) of him that holdeth by halfe a Knights fee , two pounds ten shillings , and he that holdeth by more shall pay more , &c. you shall therefore present whether any such Tenant died seized of any such Lands and Tenements so holden , yea or no. 3. Also , you shall enquire whether any Tenant which held by Knights service , made any Feofment to his Heire , and after died , his Heire being within age . 4. And whether any such Tenant made any Alienation of any such Land so holden to any person by collusion , to defeat the Lord of his profits , and present that . 5. Also you shal enquire , whether any such Tenant which held by Knights service , did make any Feofment by Deed to his use , or any Recognizance , by fine to his use , or suffer any Recovery against him to his use , and after died , and no will by him declared , and present it : for in those cases also the Lord shall have Reliefe , of his Heire , being of full age , and other duties , as well as if his Tenant had died seized . 6. Also you shall enquire whether the Heire of such Tenant entred into any such Lands so holden , for any condition broken , being made by any of his Ancestors , and present it . 7. Also you shall enquire if any Tenant which held by Knights service was disseized of Lands so holden , that is to say , put out of them by one who had no right or title to them , and after died before any re-entry , or any legall recovery had , and present it . 8. Soccage-tenure is , where the Tenant holdeth of the Lord by Fealty and certaine rent for all manner of services , or by Homage and Fealty for all manner of services , or to pay a summe of money for Escuage , or to pay a certain summe of money for Castleguard : All such Tenures are Tenures in soccage : and all other Tenures which are not Tenures by Knights service , are Tenures in soccage : and where such tenants die seized of any Lands so holden , the Lord of whom the Land is so holden , after the death of his Tenant can have no more profit but only his Fealty and Reliefe , that is to say , as much money and service as one years rent doth amount unto . As if the Tenant held by Fealty , and ten shillings for a Reliefe , over and besides the ten shillings , which he shall pay for his Rent , and in such case after the death of the tenant , such reliefe is due to the Lords maintenance , so that the heire be of the age of fourteen yeares , and he ought to tarry for his reliefe untill the day of payment of the Rent , but he ought to have his reliefe maintenant , and for that he may distrain immediately after the death of his Tenants . 9. Also if a Copyholder die sole seized of any Lands or Tenements so holden , his heire being of the age of fourteene yeares , then he shall pay a fine unto the Lord and do Fealty , and be admitted Tenant ; but if the heire be within the age of fourteene yeares , then some Guardian shall be admitted to occupy his Copyhold , and to pay and doe his service due for the same , viz. If Lands descend from the Father , then the Mother , or some of her next kindred shall have the occupation of the same Lands , untill the Heire be at age , and they shall a little fine for the Guardianship , and the Heire at his entry shall pay the whole fine , you shall enquire thereof and present the same . 10. Also you shall enquire whether any Tenant which held by Soccage Tenure did make any Feofment in fee to his use , and died seized of the use , his Heire being within age , and no will by him declared of the use , and present it , for that the Lord shall have his Reliefe , as well as if he had died seized of the same Lands . 11. Also you shall inquire whether any Freeholder hath aliened or sold away his Free hold Lands or Tenements , or any parcel of them , and present it ; for he which hath purchased the Land , before he enter , ought to come and give notice unto the Lord , that he hath purchased the same , and so the Lord shall know his Tenant , and the service which the former paid unto the Lord , shall be apportioned according unto the value of the Lands . 12. Also you shall enquire , whether any that held by Herriot service , or Herriot custome died seized of any Lands or Tenements so holden , and present it , for their service shall be apportioned : also the Lord shall have of every of their severall parts divers Herriots at their severall deaths . Also if one man have two severall parcels of Lands holden by Herriot-service , and by two severall titles , and dieth seized of the same , the Lord shall have after his death two Herriots . 13. Also you shal enquire if any Copyholder died seized of any Lands so holden , and present it , also whether any Copyholder hath made any Lease of his Copyhold , or otherwise aliened or sold the same , and present it , for it is a forfeiture of his Copyhold ; for if a Copy-holder will alien or sell away his Copyhold , he ought to come into the Court and surrender the same , into the hands of the Lord , to the use of him who shall have the Estate , or else out of the Court he ought to surrender it unto the Bayliffe , or to some of the Tenants of the Lord-ship to the use of him who shall have the estate , and they to whom the surrender is made , ought to present the same at the next Court , and then pay his fine for the same , and take it to his use in the Court , and do his endeavour to be admitted , and if he be not at the same Court , then the Lord shall have the meane profits of the same Lands , all the rent-services and repairations being deducted , until he be amerced of his fine , according to his duty . 14. Also you shall enquire if any Copyholder hath made any Surrender of his Copyhold , or any part thereof since the last Court-day , or before , and present it , and into whose hands it was made , and in whose presence , or to whose use : for at every surrender the Lord ought to have a fine , and the party into whose hands the surrender is made , ought to come to the next Court , and present the same , and to yield up his right into the Lords hands to the use of the alienee , according to the trust reposed in him , or otherwise he forfeiteth his Copyhold , except he have a treasonable excuse : for that he doth as much as in him lies to defeat the Lord of his Fine , and also to defeat the other party ; to whose use the surrenderd was made . 15. Also you shall enquire if any Tenant of the Lordship have given any lands into Mortmain , and present it . Mortmain is , if a man give or sell any lands to any House of Religion , or to any other which be corporate by the Knights grant : also if one make a Foefment upon trust to the use of a Religious House , or to the use of a Fraternity corporate , that is Mortmain . Also if one exchange Lands with a body corporate , this is Mortmain . Also if a Religious person , or other body corporate , doth hold of any man by Knights service , and he release unto him , this is Mortmain , and then the Lord may enter , and shall hold the same by force : you shall therefore present them that have given any Lands or tenements in Mortmain . 16. Also you shall enquire , whether any tenant for term of life or years , or any Copiholder of this Lord-ship hath committed any waste , or suffered any waste to be committed upon their Lands or Tonements . Waste is , when any tenant for terme of life , yeares , or any Copyholder , pulleth downe any house , or cutteth down any timber trees , or suffereth the house willingly to fall , being on their Copyhold Tenements , or if any of the Tenants plow up any Meadow ground , or if they suffer any wall or pale which were covered to be uncovered , by reason whereof the same wall or pale falls into decay , or if any of them dig coals , chalk , or sand , or make any Mines in their grounds , this is waste . Also if they cut downe a tree to the value of three shillings four pence , this is admitted waste : but if a man cut down timber to repair the old houses that stand upon parcel of the same ground , and therewith doth repair them , then it is no waste : but if he with the timber build a new house , then the cutting down of such timber is waste : Or if he cut down any timber to sell , to repaire such houses which are fallen into decay , such is waste . But if waste be done with a tempest , no tenant shall be punished for such waste : but if waste be done by any danger , the tenant shall be punished for such waste . Also it is no waste to sell in a reasonable time such trees as have been selled within twenty yeares before : But if Tenants cut downe such trees to burn upon their Tenements , where they have wood sufficient , this is waste . Also a Copyholder may not cut down wood to sell , but he may to burne upon his tenement , or to make reparations as aforesaid . 17. Also you shall enquire whether any tenant in possession or reversion died seized of any Land or Tenements holden of this Lordship , having no heire at the time of his death , yea or no , and present it , for then the Lord shall have the Land holden of him by Escheat . You shall understand that none shall have Lands in Fee-simple , as heirs unto any man , unlesse he be heire of the whole bloud : for if a man have issue two sons by divers women , and dieth seized of the same Land , and the eldest entereth and dieth without issue , the yongest shall not have the Land as heire unto his brother , because he is of the halfe bloud , but another heire of the fathers side shall inherit the same Land , and if he have no heire on the Fathers side , then the next hiere on the Mothers side shall not have the Land , but the Lord of whom the Land is holden shall have it by Escheat ; and so when Land descendeth on the Mothers side , the heir on the Mothers side shall inherit , and not the heirs of the Fathers side . Also you shall understand , that filius in adulterio conceptus , viz. a Bastard can never be heire unto any man , nor have heire unto himselfe : Therefore if any Bastard , or any other Tenant have died seized without heirs , you shall present . 18. Also you shall inquire if any Tenant was seized of any Lands or Tenements , and was put out of his Land by one who had not a right title , and afterward died without any heire , the Lord shall have his Escheat as well as if his Tenant had died seized . 19. Also you shall enquire , whether any Tenant of this Lordship hath committed any Petty treason , felonies , or murthers , for the which he was hanged , or for the which he had Judgement to be hanged , though afterwards he payd his Charge , and was delivered to the Ordinary , and present it . And whether any Tenant hath committed any Petty treason , felony , or murther , for the which he hath abjured the Land , for which he was outlawed , or by death , and present it : For in all those cases the Lord of whom the Lands are holden , shall have them by Escheat , and also the evidences concerning the same . 20. Also you shall enquire if there be any Rents , Customes , or Services withdrawne from the Lord-ship , which of right ought to be done , and present it , and what Rents , Customes , and Services they are , and by whom they are withdrawne , and where the Land lieth , that the Lord may have the remedy for the arrearages thereof . Also you shall enquire whether the Copyholders , or Fermers of this Lordship do uphold and repair their Tenements yea , or no , and present them . You shall understand that every Tenant is obliged to three things viz. 1. That he be a true tenant to his Lord. 2. That he sufficiently repair his tenements . 3. That he pay and do all suits , Customes , and Services at his dayes assigned : for he tooke upon him to do so when he did Fealty , and if he do not pay his Suits , Customes , and Services the Lord shall have good remedy and recover the same with his damages : and if he be a Copyholder , and do the contrary , he forfeits his Copyhold . 21. Also you shall enquire if any tenant of this Lordship , which is obliged by reason of his tenure to do suit unto the Lord , will do the same , yea or no , and present it : and whether any have used to with-drawn their suit from the Lords Mill , in not grinding their corn there , and present it . 22 You shall also enquire whether any Waif or Stray is , or was within the Lordship , and whether the Lord be answered of the same ; if not , present by whom they are conveyed away : Also you shall enquire if any Heriot be conveyed away , and by whom , and present it . 23. You shall also enquire whether person have made Rescous against the Lord , or any other Officer , and present it . Rescous is , when the Lord distraineth in the land holden of him for his Rent , or services in arrear , or if the Lord come upon the lands and would distrain , and the Tenant or some other will not suffer him , this is Rescous . Likewise if the Lord distrain for service behinde , or for damage-Feasant , and in driving cattell to pownd , the Beasts enter into the house of the owner , if he that distraineth pray deliverance , and the possessor will not deliver them , this is a Rescous , therefore if Rescous have been made , you shall present it . 24. Also you shall enquire whether any person hath broken the Lords pownd , that is , to have taken away a Distresse put in , and present it . You shall understand , that if the Lord do distrain any Tenant for Rent or Service in arrear , he may impownd the same Distresse in a Common pownd if he will , or in his owne ground , or in his neighbours if he will , by the licence of his neighbour , and all those places in which the Lord doth impound any Cattell , are called the Lords pownd , but not so when another doth impound any Distresse in his own pownd , or in his neighbours : It behoveth him to give notice to the other party ; for that if the Distresse be quick he may give it meate ; and then if the Beast die for want of sustenance , he that was distrained shall be at the losse , and then he that distrained before may distrain againe for the same rent or duty . 25. You shall also enquire , if any Tenant within the precincts of this Mannor , hath suffered any Farme or House to fall to decay , which at any time since the first yeare of the Reigne of Henry 7. hath beene let with twenty acres of land , and present it : For if they suffer their houses to fall to decay , the Lord may take and distrain for halfe of the issues and profits of the same , and keep to his owne use , untill such time as the houses shall be sufficiently builded and repaired , viz. maintained again for husbandry . 26 Also you shall inquire if any inhabitants or Commoners have over-charged the Common or High wayes , or your Common fields , by putting in more Cattell then they ought to do , and whether any of them have put their Cattel in any the Commons aforesaid , before the dayes agreed upon , and present it ; for the Lord ( as it seems ) may distrain the surplusage damage feasant , or else you may make among your selves orders and lawes for your owne profit , that none shall do upon certaine penalties , &c. and by such Lawes the Inhabitants and Commoners shall be bound , &c. 27 You shall also enquire if any persons have made any pits in the high wayes , and whether any person do commonly break hedges , and suffer any Hogs to go unyoaked or unringed , to the annoyance of their neighbors . 28 You shall also enquire whether any persons have drained or stopped any wayes , waters , ditches , paths , or turned any of them into a wrong course , and present it . 29 Also if any have incroached any Land of the Lords , viz. Land , Meadow , Pasture , Wood , Heath , Moor , or any other vacant land without license of the Lord , by setting of his hedge , pale , or otherwise , and present the same . Note that all the vacant and waste land within the Mannor , belongeth to the Lord of the Mannor . 30 You shall also enquire , whether any person hath plowed up , or removed away any Mere marks , baulks , or limits between one piece of Land and another , and present it . 31 Also you shall enquire if any have stalked with a bush or beast to kill Deere which is in the Lords Close or Parke , and present it . 32 You shall also enquire if any person hath , concealeth , or keepeth away any Evidences , Charters ; or Court Rolls , Customary terres , or any other evidence which concerns the Lordship , or any parcel thereof , and present it . 33 Also you shall enquire if any person have fished , fowled , hawked or hunted in this Lordship , or Lords Warren , and present it . 34 You shall enquire also if any person have taken any Feasant , Partridges with net , snare , or other Engine upon the Free-Hold of the Lord of this Mannor , and present it . 35 Also you shall enquire if any have taken away any Swans , Signets , or eggs of the Lords Swans out of their nests , and present it . 36 You shall likewise enquire if any lands of the Lord be concealed or kept back , or occupied by any without the license of the Lord : Also what land it is , and how much land hath been so occupied , and of what value by the yeare the same is . and present it . 37 Also you shall enquire if any Trespasse be done in any of the Lords liberty , viz. in his Corne , Grasse , Meadows , Pasture , Woods , Hedges , Waters , or Pounds ; or if any take Hawks , or ayre of Hawks , or such like trespasse , and present them . 38 You also shall enquire if any Land be inclosed , and the same kept in severalty , which ought to lye open , without licence of the Lord and other Free-holders , you shall present it ; for no Tenant of the Lordship shall loose the Common in the same . 39 Also if any Copyholder let his Copyhold Land for longer time then a yeare and a day , without licence , except it be by Custome that he may let for longer time , and if he do , it is forfeiture , and present the same . 40 You shall also enquire whether any Tenant for yeares or life , have granted any greater or larger estate then they had in their Lands or Tenements , and present it , for that is a forfeiture of their estate . 41. Likewise you shall enquire if the Bayliff , Headborough , Constable , and Hayward , and all other Officers have well and truly executed their offices , and present it . 42. You shall likewise enquire whether all the defaults and plaints that were prosecuted at the last Court be sufficiently amended , and whether all the orders and Lawes heretofore made be observed and kept , and present it . 43. To conclude , you shall enquire of all other things by me omitted , which you know to appertain to your charge ; and by the Oaths that you have taken , you shall truly and diligently enquire of all the premisses , and plainly without concealing of any fault , and make a return of your presentment , subscribed with your hands , and sealed with your seals , by three a clock in the afternoon . Then command the Bayliffe to make proclamation , O yes , and adjourn the Court till after dinner , in this manner . All manner of persons that have any more to do at this Court , may for this time depart , and keepe their hour here at two of the clock in the afternoon . After your return from Dinner , if any surrenders or admittances be to be made , or Actions to be tried , let them be done : Otherwise call the Jury for their presentments , if they be ready , and swear two affeerers to affer them as before at the Leet . Then discharge the Court , the Bayliffe making an O yes , thus . All manner of persons that have any more to do at this Court holden here this day , let them come forth and they shall be heard , otherwise they & every one else may for this time depart , and keep their day here upon a new warning . And so God save the Lord Protector , and the Lord of this Mannor . Some select cases out of the new Reports , and others , concerning the Lord , Copyholder , and Copyholds , Surrenders , Forfeitures , &c. First , of the Lord. HEe that is a Lord to grant and allow a Copyhold , must be such a one as by Littletons definition , is seised of a Mannor , so that he must be in possession at the time of the grant ; for though he have good right and title , yet if he be not in possession of the Mannor , it will not serve . And on the other side , if he be in possession of the Mannor , though he have neither right nor title thereunto , yet in many cases the grant and allowance of such a Copy is good , as he is Dominus de facto sed non de jure . Calthrop 48. A Copyhold granted by a Disseisor , or any other who hath the Mannor of which it is parcell by wrong , shall be avoyded by the Disseisee , or any other who hath right to the Mannor by his entry or recovery of the Mannor . Pophams Rep. fo . 71. Yet it was agreed , that admittance upon surrenders of Copyholders in fee , to the use of another ; or if an heire in case of a dissent of a Copyhold were good , being made by a Disseisor of a Mannor , or any other who hath it by Tort , because these are acts of necessity , and for the benefit of a stranger , viz. of him who is to have the Land by the surrender , or of the heire : And also Grants made by Copy by the Feoffee , upon Condition of a Mannor , before the Condition broken , are good , because he was lawfully Dominus protempore . ibid. If a Lord grant a Copy in Fee , having but an estate for life in the Copyhold , no larger estate shall passe then he himselfe hath , Quia nemo potest plus juris in altenum transferre , quam ipse habet . Co. of Copy-holds . fol. 96. If the Lord of a Mannor taketh a Wife , and after maketh Copyhold estates , according to the Custome , and dyeth , though the Feme hath this Mannor assigned unto her for her Dower , yet cannot she avoyd the Copyhold estates , because the Copyholders are in by a title paramount , the title of the Feme , viz. by Custome . Co. of Copyholds , 45. Secondly , of the Copy-holder . HE is Tenant by copy of Court-roll , being admitted of Lands or Tenements within a Mannor , that time out of minde by use and custome of the said Mannor have been demiseable and demised to such as will take the same in Fee , in Fee-taile , for life , yeares , or at will , according to the custome of the said Mannor by Copy of Court roll of the same Mannor . West . part 1. Sym. lib. 2. sect . 646. And that person is sufficient to be a Copyholder who is of himselfe able , or by another to do the service of a Copyholder ; as an Infant may be a Copyholder for his Guardian , and prochein amy may doe the service ; But a Lunatick , 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 . 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. 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 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. 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 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 aswell inheritable to have his Land according to the Custome , as he who hath Free-hold at the Common Law. Co. 4. 21. 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. 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 . 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. 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 , 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 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 , 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 . 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 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 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 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 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. 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 , who is admitted and dyeth , he in the Reversion may enter without a new admittance . Leonard . first part . Rep. 144. 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 release to give a possession . Huttons Rep. fo . 65. Blemerhassets case . If the Copyholder surrender to the use of his right heires , the Land shall remaine in the Lord untill the death of the Copyholder , for then his heire is known , &c. See Dyer . 99. Leonards first part . rep . 133. If a man seised of Copyhold land in the right of his Wife , or Tenant in taile of a Copyhold doth surrender to the use of another in Fee , the same doth not make any discontinuauce , but that the issue in tayle , and the Wife may respectively enter , Leonards first Rep. fo . 124. An Insant who surrenders his Copyhold land within age , may enter at his full age , without being put to any suit for it . Poph. Rep. fol. 39. It was resolved by all the Barons of the Exchequer , Pasch . 4. Iac. That if a Copyholder surrender to the use of a younger sonne , and dyes , that this younger sonne cannot bring an Action till admittance ; but if the Copyhold be discended to the heire , he may have an Action before admittance . See Co. 4. fol. 22. Copyhold cases , it was likewise said , That all Copyholders of the KINGS Mannors may now have admittance into their Copyhold estates well enough , and the order for the stay of their admittances , which was made heretofore is now dissolved and quashed . Lanes Rep. fol. 20. A Copyholder surrendred out of Court according to the Custome of the Mannor , which at the next Court was presented , and entry thereof made by the Steward , viz. Compertum est homagium , &c. but no admittance ; and afterwards Cestuy que use surrenders before admittance , and the first Copyholder surrenders to the Plaintiffe ; and in this case there was two questions . First , whether he may surrender before admittance ? The second was , who shall have the land ? whether the Copyholder or the Lord ? and it was held that he could not surrender before admittance , and the entry of the surrender doth not make admittance , for this being the sole act of the Steward shall not binde the Lord ; and it is not like to the usuall forme of an admittance , viz. Dat domino de Fine fecit fidelitatem & admissus est inde tenens , and it was agreed to , and said that in Hare and Bricklegs Case , the admittance of a Copyholder was compared to the induction to a Benefice which gives the possession , Poph. fol. 128. A Copyhold cannot be surrendred to another by an Attorney without Deed , but one may be admitted to a Copyhold estate by Attorney without a Deed. For there is a difference betwixt the passing of an estate and the receiving of an estate passed . Prac. Regist . tit . Surrender 2. Apr. 1650. B. R. VVhat shall be said a reasonable Fine for a Copyholder to pay upon his admittance . HIl . 5 Car. Rot. 125. Dow and others against Golding in trespasse upon a Demurrer , and the question was , whether the Lord of a Mannor may assesse two years and a half value of land according to racked Rent for a Fine upon grant of a Copyhold , and for non-payment entry for forfeiture ? And all the Court conceived , that one yeare and a halfe of Rent improved is high enough ; and the Desendant assessing two yeares and a halfe , it is unreasonable , and therefore the Plaintiffe might well refuse the payment thereof , and consequently the entry of the Defendant for a forfeiture not justifiable . Crook 1 part . fol. 142. VVhat shall make a Forfeiture of Copyhold estates , and what not . WEe now descend to Forfeitures of Copyhold estates , both what shall be , and what shall not be forfeited . First , In a Forfeiture of a Copyhold estate , by making of a Lease of his Copyhold land contrary to the custome , there ought to be very direct and certaine proof made , of a certaine Lease , with a certaine beginning and ending of it , and likewise of any other thing supposed to be acted and done by a Copy-holder , and contrary to the custome of the Mannor , thereby to make a forfeiture of his Copyhold estate , it must also appeare certaine to the Court ; for if a stranger shall come and make oath to this purpose , it shall not be of any force or effect to prove a forfeiture , especially if the Copyholder still continue in possession , and so dyes seised of his Copyhold estate , and never came in question till after his death . And if such a presentment shall be allowed in the Lords Court upon an oath made by a stranger , as to make a Copyhold estate , every Copyholder might be in danger to lose his Copyhold estate . Or if a Copy-holder did promise to make a Lease , and it is not proved in facto , that he did make the same , this is no forfeiture of his Copyhold estate . Or if a Copy-holder do make a lease of his Copyhold land , and so a forfeiture being contrary to the custome of the Mannor , if after this he continues still in possession , and the Lord of the Mannor dyes , and afterwards his Widow , or he who hath the Mannor , doth receive Rent from the Copyholder , he shall never , after acceptance of Rent , take any benefit or advantage of the forfeiture . Bolstrod . first part . fo . 50. If a Lessee for life build a house upon his land , and afterwards pulls it downe again , this is a forfeiture of the Copyhold , ibid fol. 50. If a custome be that a Copyholder may pull downe houses , such a custome is not good , if the custome be for a Copyholder to cut downe trees , in this for the warranting of such a custom , the difference will be this , if he be a Copyholder of inheritance , then such a custome to cut down trees for such a Copyholder will be a good custome ; but otherwise it is if he be a Copyholder for life , there such custome is not good . Ibid. fol. 51. If a Copyholder erect a house , and pull it down again , it is a cleare forfeiture of his Copyhold estate . Ibidem 52. By the Law of the Land every Copyholder may make a Lease for a yeare without forfeiture : Yet admit it be a forfeiture , if the Lord take a surrender , and enters not for the forfeiture , but makes a Lease for yeares , his Lessee shall not enter for the forfeiture , for the Lessee cannot when the Lord allows thereof . Yet to the Lease for one yeare it was answered , That he must have a speciall custome , or else it is not good , unlesse it be for a tryall of a Title , which hath been allowed , because it is for reducing a Rite , and for the Lords benefit . And to the second it was said , that admitting it is a forfieture , yet the Lords acceptance of the surrender , not knowing of the forfeiture , is no dispensation therewith , and consequently that the Lords Lessee hath a good estate and right in him , for which his entry is lawfull , this was approved good by the Court , and the first part over-ruled . Crook Rep. fo . 169. A COPYHOLDER made a Lease for one yeare , Et sic de anno in annum , during the life of the Copyholder ( excepting one day at the end of every year for the Copyholder to enter , and this onely for to avoid a forfeiture ) but it was cleerly resolved , Mic. 8. Jac. B. R. rot 602. that this is a forefeiture of his Copyhold estate ; for if a Lease be made de anno in annum this must of necessity be a Lease for twenty and two years , and so is Potkins case in 14. H. 8. fo 14. As to the reservation of one day , at the end of every year to make his lease but for one year , and so to be warrantable by the custome , it will nothing avail him , though he had excepted a moneth at the end of every year it would have been to no purpose , for by this invention he hath a purpose to cheat and deceive his Lord , but he is deceived himself Bolstrod . 1. part , fo . 215. Iutterels case Mic 8. Jac. B. R. rot . 602. If a Copyholder make a Lease for years , to comence at Michaelmas ; it is a forfeiture presently , Hetleys rep . fo . 122. A Copyholder may hedge and inclose , but not where it was never inclosed before , and he may dig for marl without any danger of forfeiture , but he ought to lay the said marl upon the same Copyhold land , and not upon other Land , Easter , 19. Jac. Winch. rep . fo . 8. But if land be digged to make a banck , and if more be digged then is necessary it is wast , and if it be not cast down for the land might be made barren , 41. E. 3. Wast . 82. The heir before admittance may enter and take the profits , and make a Lease according to the custome , or bring an action of treaspase against him who disturbes him ? But if the Lord require his Fine or his services , and the heir refuse to do them , this may be a forfeiture of his Copyhold ; But until lawful seisin made by the Lord ( because it belongeth to him ) the heir may intermeddle with the possession , though he be not admited by the Lord where it is an Estate of inhetance by the custome , Pophams rep . fo . 39. It is a forfeiture of a Copyhold , for the Copyholder to refuse to pay his Fine , if it be a Fine certain ; but if he refuse to pay a Fine incertain , after it is set , quaere whether it be a forfeiture or not , for that Fine may be unreasonable , See before forfit . Or if he refuse to appear at his Lords Court , and to do his service there Prac. Regist . tit . fo . forfit . Trin. 24. Car. R. B. yet if the Copyholders dwell in a Town far distant from the Mannor , a general warning within the Mannor is not sufficient , but there ought to be to the person notice of the day when the Court shall be holden , &c. For his not coming in such case cannot be called a voluntary refusal : so if a man be of that debility in body , as he cannot travel without danger , so if he have a great office , &c. these are good and strenuous causes of excuse : It was likewise holden , that if a Copyholder makes default at the Court , and be there amerced , although that the amerciament be not estreated , or levyed , yet it is a dispensation of the forfeiture . But note that a general warning within the parish is sufficient , for if the tenant himself be not resident upon his Copy-hold but elsewhere , his Farmer may send notice to him of the Court , Leonards rep . first part fo . 133. And note further by Hetly in his rep . fo . 7. Pasc . 3 Car. C. B. that if a Copyholder be summoned to the Court , by Common Proclamation , or expresse notice , and he does not appear , it is no forfeiture , because it is but a failer of service , and no denyal , and for the neglect he may be punished and fined . If a man seised of Copyhold land in the right of his wife , surrendreth the same to the use of another , and the Husband dyeth , it is no discontinuance to the Wife ; but that the Wife may enter , and shall not be put to a Cui in vita , nor the heir to sue a Cui in vita . Coo. 4. 23. And if a Copyholder for Life surrendreth to the use of another in Fee , it is no forfeiture , for it passeth by surrender to the Lord , and not by Livery , and Copyhold Estates shall not have such qualities as Estates at Common Law have without special custome . Ibidem . Of the Office and Dutie of the Steward . STeward , in the Latine is called Seneschallas , and is derived from the French word Sein a house or place , and Schale , an Officer or Governour , some say that Sen is an ancient word for Justice , so as Seneschal , should signifie officiarius justiciae . As to the word Steward , it seemeth to be compounded of Stew and Ward , and is a word of many applications : yet alwaies signifieth an Officer of chief account within the place of his sway . In this place it signifieth an officer of Justice , viz. a keeper of Courts , &c. therefore for the prevention of many inconveniencies , it would be no disadvantage to Lords to elect and constitute such as are exercised in the studies of the Provincial Lawes of this Commonwealth , and the customes of Mannors . Fleta lib. 2. cap. 26. describes the office of a Steward , and councelleth Lords of Mannors and Liberties to provide ( or elect ) their Stewards in these words ; Provideat sibi Dominus de seneschallo circumspecto , & fideli , viro provido , & discreto & gratioso ; humili , pudico , pacifico & modesto qui in legibus consuetudinibusque provinciae & officio seneschalliae se cognoscat , & jura Domini sui in omnibus teneri affectet , &c. cujus officium est curias tenere Maneriorum & de substractationibus consuetudinum , servitiorum , reddituum , sectarum ad curiam , mercata , molendina domini , & advisus Franci-plegiorum aliarumque libertatum Domino pertinentium inquirat , &c. By which description it is observed that he ought to have a double qualification , viz. 1. In Moralibus . 2. In Judicialibus . 1. In moralibus , he must be qualified with these properties , viz. Circumspection , fidelity , providence , discretion , &c. which may be reduced to two general heads , to wit , ( verity and Industry . ) 2. In Judicialibus , and therein he must be attended by the property of Knowledge , as to be expert in the lawes of the Countrey , and the customes of the Mannor , and have ability to instruct and direct the Bayliffs , and other ministers in dubious things . Let us now descend to demonstrate his retainer into office , &c. A Lord of a Mannor may by parol retain one to be Steward of his Mannor , and to hold the Courts thereof , as well as a Bayliff may be , and that by word , and this retainer shall be as effectual in all points before discharge , as the most effectual institution by Patent ; yet most commonly they have patents for their offices . Co. 4. 30. and therewith accorderh 8 Eliz Dyer 248. Likewise it was adjudged in the common pleas in the Lady Julian Holcrofts case , that whereas one was generally retained by the Lord of a Mannor by parol to be Steward of a Mannor , and to keep his Courts , that such Steward may take surrender of customary tenants out of the Court or make voluntary admittances or any other act incident to the office of a Steward , for till such Steward be discharged , he is Steward of the Mannor , as well by the retainer by word , as if he had a grant thereof by Patent Leon. fo . 309. He represents the person of the Lord in many things , for in the absence of the Lord he sitteth in Court as Judge to punish offences , to determine controversies , redresse injuries , &c. he acts some things in the Lords name and not in his own name ; for if the Steward admit any Copyholder , or by special Authority or particular custome , licence a Copyholder to Alien , this admittance and licence shall be made in the Lords name , and the entery in the Roll shall be Quod dominus per senescallum admisis , & licentiavit , &c. Co. of Copyholds fo . 143. He must take care to Record and Enrol all the Conveyances of estates ; for it hath behn holden by some , That if the Lord in open Court grant a Copyhold estate , and no entry is made thereof in the Court Rolls that the grant is inavlid , and that no collateral will make it valid . Carthrop . fo . 47. But if the tenant have no Copy , or lose his Copy , the roll of the Court is a good evidence , And if the wills be lost , it is thought cleerly it may be supplyed by proof , ibidem . At every Court he is to swear some of the Tenants ( which is called the Homage ) these he chargeth with the Articles before mentioned , and upon them they do present ; and upon this presentment , the Steward is to proceed as upon the presentment in a Leet , save onely that ( as it is said ) the Lord cannot bring an action of debt , but is onely to distraine for the amerciament in this Court , 2 H. 4. 24. For by the Common Law he hath no authority to assesse amerciaments or Fines in a Court-Baron , but the suitors , for they are the Judges and not the Steward . Leonards rep . first part 299. If the Steward take a bribe , or use partiallity in any case depending before him , ( of which crime many are too culpable ) or if by his Patent he be obliged to keep Court at certain times of the year , and failes thereof , the Lord receiving prejudice thereby , ( not otherwise ) or if he be by his Patent obliged to keep Court upon demand or request to be made by the Lord , and upon request and demand by the Lord he refuseth ; these and the like cases will make him subject to a forfeiture , Co. of Copyholds , fo . 146. &c. Of the Fees of the Court-Baron . AS for the Fees of this Court they much differ , and are by Law what they have been by custome ; time out of minde . For some take the same Fees as are taken in the County court . And other Courts take the Fees which follow . The Stewards Fees. FOr entring every Essoyne 00-00-02 Entering every action 00-00-02 Every Order entered 00-00-04 Entering a Declaration , if it be large then more 00 00-04 Every Processe 00 00 04 Entering every plea or answer 00-00 04 Every Continuance 00-00-02 Every wager of Law and entry 00 00-02 Warrants for witnesses and summoning Juries 00-00-04 Every Non-suite and detraxit 00 00-04 Entering the Judgement 00 00-04 Satisfaction acknowledged 00-00 02 For removing and certifying a cause 00-06-08 The Bayliffs Fees. FOr every Summons and entrance 00-00-08 For executing every Processe 00-00-04 For every shilling upon Judgment 00-00-01 For summoning the Jury 00-01-00 For summoning of Witnesses upon a Warrant 00 00-04 For every Oath 00 00-02 If there be Attorneyes , then their Fees are , FOr every cause if it be heard 00-01-00 For drawing the Declaration 00-00-06 For every Court the cause dependeth after he is reteined 00-00-06 See more in the Fees of the County Court. The Oath of the Bayliff of a Mannor . YOu shall swear that you shal well and truly serve his Highness the Lord Protector and the Lord of this Monnor for the year to come , in the Office of Bayliff of the same Mannor ; and you shall duly and truly gather , all such rents , revenues , or other yearly profits as shall be extracted out unto you , and therefore you shall make and yield up a true account at the end of the said year , and in every thing you shall well and honesty behave your self in the said office , during the time aforesaid . So help you God , &c. The Bayliff must be sworn before the Court end . The form and method of Presentments ( which are to be drawn by the Steward ) I shall not trouble you with , being copiously performed by Mr. Wilkinson in his office of Sheriffs , fo . 218 , 219 , 220 , &c. onely take these subsequent for methods sake . The finding of the death of a Tenant , and of a Surrender made to the use of his Will , with an admission of the Tenant according to the Will. THe Homage do further present , that A. B. the elder Copyhold tenant of this Mannor , dyed after the last Court , and that he the said A. B. before his death , that is to say , the tenth day of May in the year , &c , did surrender into the hands of the Lord of this Mannor , by the hands of C. D. Copyhold Tenant of the said Mannor , all and singular his Copyhold lands , Tenements and Hereditaments holden of this Mannor , to the behoofe and use of his Testament and last Will. And now at this Court came E. F. the eldest son of the said A. B. and doth bring here into the Court the Testament and last Will of the said A. B. bearing date , &c. before G. H. Deputy Commissary of I. A. in and through the whole Arch Deaconry of W. approved ; the tenor of which said Will as to the Copyhold lands , doth follow in these words , that is to say , Item , I give unto E. my Son , &c. as by the said Testament and last Will of the said A. B. more at large appeareth . And he doth crave of the grace of the Lord to be admitted to all and singular the aforesaid premises , that is to say to two peeces of land Copyhold , lying in the field called R. containing by estimation eight acres , one peece of land , lying next the land called D. on the South part , and the lands , &c. which said two peeces of land , the aforesaid A B. lately had and took up to him and his heires of the Surrender of S. T : and M. his wife , at the general Court with the Leete here holden on Thursday the 18th . day of August in the year , &c. more at large appeareth , to which said E. seisin is delivered to him thereof , to him and his heires , under the Condition and in manner and form as in the said last Will is specified by the Rod , at the will of the Lord , by the service and rent of 2. s. by the year , and suite of Court , saving the right , &c. and he doth give the Lord for a Fine , &c. and doth therefore Fealty , &c. The finding of the death of a Tenant . ITem , they say upon their Oathes , that A. B. after the last Court , dyed seised of and in two Roods of land lying in a Pightel called R. holden of this Mannor by Fealty , and the yearly rent of 4d . by the year ; and that E. F. is the Son and next heir of the said A. B. and of full age , who now doth therefore to the Lord Fealty . Paines found and set upon Tenants for want of suite of Court. Item , they say upon their Oathes , that I. W. S. and I. I. &c. Copyhold Tenants of this Mannor do owe suite to this Court , and now at this day have made default , and therefore every one of them in mercy , six pence . The like . ANd that A. B. and C. D. are Tenants of the Lord of the Mannor by demise , and do owe suite to this Court now at this day , and have made default thereof , therefore either of them are in mercy , as over their heads 3. d. The like . ANd that E F. G. H. and I. K. are Free Tenants of this Mannor and owe suit of Court , and now at this day have made default thereof , therefore each of them are in mercy , as over their heads 6. d. The presentment of a Surrender made out of Court into tenants hands with the admission of the tenant accordingly . ANd that L. M. the younger , out of the Court , after the last Court did surrender into the hands of the Lord of this Mannor , by the hands of N. O. Copyholder tenant of this Mannor , in the presence of L. M. and P. R. likewise Copyhold tenants of this Mannor , all their Copyhold lands : and tenements holden of this Mannor with the appurtenances , to the behoof and use of S. T. the elder and his heires and assignes : And now came the aforesaid S. T. the elder , and craveth of the grace of the Lord , to be admitted tenant to all and singular the premisses ; that is to say , to one parcel of pasture containing half an acre , be it more or less , with the apurtenances , late parcel of one Customary tenement , and eleven acres of land called C. tenement in C. aforesaid , which the said L. M. did lately take up to him and his heires , after the surrender thereof made by one S. T. at the Court general with the Leet here holden , on Munday next after , &c. more plainly appeareth : And he is admitted Tenant thereunto , and seisin is thereof delivered to him , to hold to him , his heires , and assignes by the Rod , at the will of the Lord according to the custome of Mannor , &c. by the services and customes , &c. and the rent of six pence by three years , saving the right , &c. And doth give to the Lord a Fine , &c. and hath done to him therefore Fealty , &c. The finding a Surrender made into Tenants hands , to the use of a mans will. ANd that A. B. Copyhold Tenant of this Mannor , out of Court , after the last Court ; that is to say , the 24th : day of May last past , before the Title of this Court , did surrender into the hands of the Lord of this Mannor , by the hand of C. D. Copyhold Tenant of the same Mannor in the presence of I. A. & S. A. likewise Copyhold Tenants of the said Mannor , all his Copyhold lands and tenements holden of this Mannor , to the behoof and use of his Testament and last Will. The finding of the death of a Tenant , and of the lands , and that the youngest son is next heir , according to the custome , &c. with his admission . ANd that W. D. Copyhold tenant of this Mannor dyed after the last Court ; solely seised of and in onetenement inclosed , called L. containing by estimation five acres lying in F. which the said W. late took up to him and his heires , of the Surrender of I. S. as at a Court here holden on Munday , in the morning of St. John the Baptist in the year , &c. appeareth . And of and in five acres of Copyhold land with the appertenances , holden of the same Mannor called B. which &c. And that W. D. his younger son is next heir of the said W. according to the custome of this Mannor ; who now doth come , and craveth of the grace of the Lord to be admitted to the premises with the appurrenances , according to the custome of the Mannor aforesaid , and he is admitted thereto Tenant , to whom seisin is thereof delivered , by the Rod at the will of the Lord , according to the custome of the same Mannor , by the services and customes and rents for five acres , &c. at 4. s. by the year , and for the other said five acres of land at the rent of 5. s. by the year , &c. saving the Right , &c. And he doth give the Lord for a Fine , &c. And doth Fealty to the Lord , &c. The finding of a Sale made of Freehold lands , with a distress to the Bayliff to distrian for want of taking it up . ALso they say upon their oathes , that I. A. after the last Court did sell to R. A. one tenement called T. with the Apurtenances , containing by estimation two acres , holden free of this Mannor in Free Soccage by Fealty , and the yearly rent of 3d. by the year , and suit of Court , which said R. A. doth not come , &c. Therefore it is commanded to the Bayliff that he distrain the aforesaid R. A. against the next Court to do Fealty , &c. The acknowledgment in the Court of a Legacy paid . ANd that I. B. in full Court , did acknowledge himself to be satisfied and fully paid by N. B. his Brother of his Legacy of ten pounds to the said I. B. by the Testament and last Will of his Father bequeathed , according to the form and effect , and the true intent of the said Testament and last Will of his father . A presentment of a Surrender made out of Court with the admission of the tenant . THE Quest of Office do present upon their oathes , that I. S. Copyhold Tenant of this Mannor out of Court , that is to say , the tenth day of May in the year , &c. did surrender into the hands of the Lord of this Mannor by the hands of S. N. Copyhold Tenants of this Mannor , in the presence of I. G. and G. F. likewise Copyhold . Tenants of the said Mannor all his Copyhold lands and tenements with the appurtenances holden of this Mannor to the behoof and use of R. K. and of his heires & assignes for ever , who now came here into Court & craveth of the Grace of Lord to be admitted to all and singular the aforesaid premisses with the appurtenances ; that is to say , to one Messuage decayed , with certain lands in C. containing by estimation four acres , be it more or lesse with the appurtenances , parcel of one Cottage and three acres of Land of the Tenement of H. with the appurtenances , in the same of Skipton , in the Tenement of Maydens late W. K. which the same I. S. lately took up to him , his heires , and assignes at a Court , for the Mannor aforsaid holden , after the surrender thereof made by I C. as at a Court , for the Mannor aforesaid holden on Thursday the 17th . day of May in the year , &c , more plainly appeareth : And he is admitted thereto Tenant , to whom seisin is thereof delivered , to hold to him , his heires and assignes by the Rod at the will of the Lord , according to the custome of the Mannor aforesaid , by the services , &c. and Rent of 2 s , by the year , saving the Right , &c. And he doth give to the Lord for a Fine , &c , and doth do to the Lord Fealty , &c. A Presentment made in Court of an agreement made between a son and his mother touching her Dower , and the mothers release of her Dower . AND afterwards in this Court came the said N. B : and E. B. widow , relict of the said R B. and do give here intelligence to the Court , that they are agreed between themselves of and for the Dower of the said E B. in the premises , according to the custome of the Mannor aforesaid , whereupon the said E B. present here in Court doth remise and release into the hands of the Lord aforesaid , all her Dower and title of Dower , and demand , which to her doth belong according to the custome of the Mannor of and in all and singular the Copyhold land and tenements holden of this Mannor , which late were the said R B. sometimes her husband , to the behoof and use of N B. ( in his full and peaceable possession thereof now being ) and of his heires and assignes for ever ; so , that is to say , that the said E B. from henceforth may not require , claim and challenge any Dower , of , in , or to the premises , or any parcel thereof , according to the custome of the said Mannor , but thereof , and of and from all action and demand of such Dower concerning the premises , shall be for ever barred and excluded by this inrolment . And for this remise and release , the said N B. doth give to the said E B. 210 l. of lawful money of England : And he gave to the Lord for a Fine , &c. for the release aforesaid , &c. The Quest of Office do say upon their Oath , that T G. hath incroached with his ditch upon the Common of H. G. towards the milking yard of his Messuage ; therefore he is in mercy as it is over his head . And it is commanded him to reform the said incroachment on this side the Feast of St. Michael ; the Archangel next coming ; upon pain as over his head . Also they say that S. A. hath forfeited his pain of 5 s. upon him imposed at the last Court , for that he after the last Court , and after notice to him to the contrary given by the Bayliff of this Mannor , hath suffered his swine to go out and pasture upon the Common pasture of H. against command thereof to him to the contrary given . A presentment for an offence done , and a charge to the Jury to enquire , and further day given for giving their verdict . WHereas W. S. and G. B. Lords of the Mannor of R. have lately cut down one Oak lately growing at the West end of a certain Pightel called B. Pightel of the Demesne of this Mannor , in the Copyhold tenure of F. W. and at this Court it was given in charge to be enquired of by the homage , and they to give their verdict of and upon the premises . The same homage do desire day for giving in their verdict until the next Court , for that they are not yet thereof advised , &c. And they have , &c. I. A. Copyhold Tenant of this Mannor doth desire to be admitted to a Fine for respite of Suite of Court to be done , and he is admitted for 4. d. A Fine desired for respite of suite to be done . WHereas at the last Court it was given in charge to the homage to enquire and give their verdict of and concerning the cutting down of one oak lately before then growing at the West end of a certain pightel called B. pightel of the Demesnes of this Mannor in the Copyhold tenure of F. W. by W. S. and G. B. Lords of the Mannor of R. late before that time cut down , and at the said Court day was further given until this Court ; the Jurors of this Inquisition do now say upon their oathes that as well by the testimony of R. A , one of the Tenants of this Mannor to this specialy sworn , as of the certain knowledge of some of the homage now sworn , that the aforesaid F. W. and all those whose estate the said F. hath in the aforesaid Copyhold pightel from time to time by the space of sixty years now last past , have quietly and without contradiction cut , taken , carryed away , and enjoyed all the wood from time to time by the space of sixty years , growing on the part of the way , and at the West end of the said pightel ; and that the hedges of the said pightel aforesaid by all the said space were placed and did adjoyn to the said Oak , and that the greater part of the thickness of the Oak did reach it self towards the said way ; and further they say , that there never was any ditch where the Oak aforesaid did grow ; And they further say of the testimony of the said R. A. that the said R. A. in times past , having in his occupation the pightel aforesaid from time to time by diverse years did gather and had the Acrons of the Oak aforesaid without any contradiction . To the Court came I. W. and R. his Wife , and present here in Court in their proper person , and the said R. by the Steward of the said Court , being solely and secretly examined and consenting , did surrender into the hands of the Lord of the same Mannor , and did remise , release , and altogether for them their heires , and assignes , quit claim to the behoof and use of S. N. and his heires , all their right , title , state , use , interest and demand whatsoever , which they ever had , now have , or hereafter may have , or they or either of them may have , according to the custome of the same Mannor of , in , or to seven Acres of land with one Messuage , parcel of the tenement called S. and of , in , and to two acres of Copy-hold land of the Tenement of W. &c. which said premises the said S. lately had and took up , and now holdeth to him and his heires , after Surrender thereof made by I. W. as at the Court there holden on Wednesday the 21. day of March in the year &c. more at large appeareth to the behoof and use of the aforesaid S. N and of his heirs , so , that is to say , that neither the aforesaid I. W. and R. nor either of them , nor their heirs , nor the heirs of either of them , from henceforth may require , claim , or challenge any estate , Right , title , Dower , and demand thereof to be had , from henceforth shall be altogether barred and excluded , and either of them is barred and excluded by this present surrender , release , and quit claim ; and for this surrender , remise and release , the said S. doth give a Fine to the Lord , &c. A Surrender of Copyhold in Court , with the admission of the tenant accordingly . TO this Court came A B. gent. Copyhold Tenant of this Mannor and present here in Court did surrender into the hands of the Lord of the same Mannor two acres and a half of land lying in two pieces in C. be it more or less , whereof the first peece doth lye between , &c. and the other peece is accounted for half an acre , and lyeth , &c. which said two acres and a half the said A. B. late in the Court did take up to him , his heires and assignes , after surrender made thereof by I W. as at the Court here holden on Friday the sixteenth day of May in the year , &c. more plainly appeareth , to the behoofe and use of I. W. and R. his wife , and the heires of the said I. W. which said I W. and R. present here in Court , do desire of the grace of the Lord , to be admitted to the aforesaid two acres & half of land ; according to the form and effect of the Surrender aforesaid ; and they are thereunto admitted tenants , to whom seisin thereof is delivered to hold to the said I. W and R. and to the heires of the said I W. of the Lord of the Mannor aforesaid , by the Rod , of the will of the Lord , according to the custome of the Monnor aforesaid , by the services , &c. and the rent of 2 s by the year , saving the Right , &c. and he doth give to the Lord a Fine ; and the said I W. hath done Featly to the Lord , &c. A surrender , and Lease made in Court , with the examination of the Wife . AND afterwards at this Court came the aforesaid I. S. and M. his Wife , and present here in Court , and the said M. being solely and secretly examined by the Steward of the same Court , and consenting , did surrender , remise , and release into the hands of the Lord of the Mannor aforesaid , all their right , state , title , possession , Dower , and demand of them the said I. S. and M. of , in , and to all and singular the premisses aforesaid , with the appurtenances to the behoose and use of the said R. K. and his heires and assignes for ever ( in his full and peaceable possession of the premisses now being ) so , that is to say , that neither the said I. S. and M. or either of them , from henceforth shall require , claime , or challenge any right , title , Dower , or demand , of , in , or to the premisses , or any part or parcel thereof ; but of , and from all action , right , title , Dower , or demand thereof to be had for ever , hereafter shall be barred and excluded by this inrollment . And the said I. S. for the said remise and release , doth give to the Lord a fine , &c. A Surrender of Lands made in Mortgage , upon condition for the payment of money , with the admission of the Mortgagee by her Attorney , and the Fealty respited . AND immidiatly after the same Court , the aforesaid N. B. present here in Court , did surrender into the hands of the Lord aforesaid , by the hands of his Steward of the same Mannor , one piece of Land containing ( by estimation ) two acres of arable Land , lying between the Lands of the Mannor of R. late of N. B. of the West part , and the lands , &c. together with the wayes and pathes to the same belonging and used , which said piece of Land , R. B. the Father of the said F. whose heire he is , late had to him , his heires and assignes amongst other things , after the Surrender thereof made by W. B. and E. his Wife , as at a generall Court with a Leet there holden on Thursday next after , &c. in the yeare , &c. appeareth to the behoofe and use of F. D. one of the daughters of N. D. Gent. and of the heirs and assignes of the said F. under this forme and condition , that if the said N. B. his heirs , executors , or administrators , or any of them shall pay or cause to be payd to the said F. D. her heires , executors , administrators , or assignes , at the mansion house of the said R. B. in H. in the County of York Gent. the summe of twenty pounds of good , &c. in , or upon the twenty eighth day of October next following , after the title of this Court , that then the said surrender shall be void and of none effect or vertue ; and that then also it shall be lawfull for the said N. B. his heires and assignes to re-enter into the said piece of Land , and the same as in his former estate to have againe , repossesse , and re-enjoy ; the said surrender , or any thing to the contrary notwithstanding ; and upon this the said F. by C. W. her Attorney , in this behalfe is admitted thereto tenant , and Seisin is delivered to the said F. her heires and assignes under the condition aforesaid , and in manner and forme aforesaid , by the Rod at the Will of the Lord , according to the custome of the Mannor aforesaid , by the services , &c. saving the right , &c. And he doth give the Lord for a fine , &c. and Fealty is respited untill , &c. A Surrender of Lands made presently in Court. ANd afterwards sitting in the same Court , the aforesaid F. W. present in Court , did surrender into the hands of the Lord of the same Mannor , in the aforesaid Close , containing by estimation five acres called L. to the behoofe and use of C. W. his Brother , and to the heires and assignes of the said C. to which said C. seisin thereof is delivered , to hold to him his heires and assignes by the Rod , at the will of the Lord according to the Custome of the same Mannor , by the services , &c. saving the right , &c. And he doth give to the Lord for a fine , &c. And doth therefore Fealty to the Lord ; and the same F. W. present here in Court doth surrender into the hands of the Lord , by the hands of the Steward of the same Mannor , the aforesaid seven acres of Land in one Close , now in two parts divided with hedge and dike , to the behoofe and use of I. VV. Widdow , his Mother , and of her assignes in form aforesaid , for terme of the natural life of her the said I. VV. to whom seizin thereof is delivered to the said I. VV. and her assignes in forme aforesaid , the reversion thereof to the said F. VV. and of his heires and assignes by the rod , &c. at the will of the Lord , &c. according to the custome of the Mannor aforesaid , saving right , &c. And he doth give to the Lord for a fine , &c. And doth therefore fealty to the Lord , &c. A Release of Land made in Court. AT this Court came S. B. and present in Court , did surrender , remise , and release , into the hands of the Lord according to the Custome of this Mannor , all his right , title , state , possession , interest , and demand of , and in all those parcels of the land , parcel of the Orchard of the said N. called the old , or further Orchard , next adjoyning to the Pightel or Close of Pasture of him the said S. called the Bean-close , as it is now divided from the said Pightel or Close , with the door-stakes put upon the Front of the Dike of the said old Orchard to the behoofe and use of N. B. his Brother ( in full and peaceable possession thereof now being ) and to his heirs and assignes for ever ; so , that is to say , that neither the said S. nor his heires from henceforth may challenge , crave , or demand , any right , title , state , claime , or demand of or in the said piece of land . But from all action , right , title , state , use , interest , and demand thereof to be had , from henceforth shall be utterly barred and excluded , and every of them shall be for ever barred and excluded by this present inrollment . And the said N. for the said remise and release doth give to the Lord a fine , &c. A Lease made by the Lord of parcell of his Lands . AT this Court the Lord here in full Court did demise to farme to I. A. one Garden containing halfe a Rod , lying , &c. and halfe an acre of land in F. of the Demesnes of the Mannor , to hold to him , his Executors and assignes for the terme of five yeares next following after the title of this Court , paying therefore yearly for every yeare during the said terme one penny at the Feast , &c. And he doth give to the Lord for a fine , &c. And doth therefore Fealty to the Lord , &c. The Admission of the yonger Son to Lands according to the custome . AT this Court came F. W. the yonger Son , and next heire of I. W. deceased ; and did crave of the grace of the Lord to be admitted tenant to one parcel of land , containing in length twenty perches , and in bredth three foot , late parcel of one piece of Copyhold land called B. containing by estimation three acres of land , of which said parcel of late there is made a dike , which said parcel of land I. W. the Grandfather of the said F. W. lately had to him , his heires and assignes of the surrender of L. A. as at a Court for the Mannor aforesaid holden the 24. day of May in the yeare , &c. appeareth , as to his right and inheritance , for that the said I. VV. died thereof seized , and the same parcel of land by and after the death of the said I. VV. according to the custome of the Mannor aforesaid , did descend to the said F. VV. the Father of the said F. VV. and from the said F. VV. the right of the said parcel did descend to the said F. VV. the yonger ; and he is thereunto admitted tenant to whom seisin is thereof delivered to hold to him , his heirs and assignes , by the rod , at the will of the Lord , according to the custome of the Mannor aforesaid by rent of two pence , &c. and the services , &c. saving right &c. And he doth give to the Lord for a fine , &c. And doth therefore fealty to the Lord , &c. A License by a Lord of a Mannor to a Copy-holder to pull downe houses standing on Copyhold lands . TO all and singular Survayors , Bayliffs , and other Officers whatsoever within my Mannor of Skipton , in the County of Y. I , E L. of B. send greeting : Whereas I am informed , that H. G. hath lately purchased of T. C. certaine old houses within my said Mannor being Copihold , and that the said T. C. hath surrendred the same houses , to the use of the said H. G. and his Heires , according to the custome of the said Mannor : Now my will and pleasure is , and I do by these presents give and grant unto the said H. G. his heirs and assignes , full license and absolute liberty , power and authority to pull downe , and to take and carry away the said houses , and every of them , or any part of them to and for the use of the said H G. and his heires and assignes from time to time as to him or them or any of them shall seeme meet ; Any custome or usage whatsoever within the said Mannor ( if any such be , or heretofore hath beene had or used ) to the contrary thereof in any wise notwithstanding : And I will and command you and every of you , that the said H. G. and his assignes may quietly have and enjoy the full and whole benefit of my said grant and license without any deniall , let , or impediment of you or any of you . In witnesse whereof , &c. A Letter of Attorney to surrender a Copyhold . BE it knowne unto all men by these presents , that I A. B. one of the customary or Copyhold tenants of the Mannor of H. in the County of M. have made , ordained , constituted , and appointed ; and by these presents , do make , ordaine , constitute , and appoint , my trusty and well beloved friends C. D. and F. F. two customary or Copyhold Tenants of the Mannor aforesaid , my lawfull Attorneys and Attorney joyntly and severally for me , and in my name joyntly and severally by lawfull wayes and means , to surrender into the hands of the Lord or Lords , Lady or Ladies , Farmers , owners , or proprietors of the said Mannor of H. aforesaid , all that customary or Copyhold Messuage or Tenement , with the appurtenances scituate , lying , and being in H. aforesaid , parcel of the customary lands of the said Mannor : And all my estate , right , title , interest , claim , possession , and demand , of , in , to , and out of every part and parcel thereof , to the use and behoofe of T. VV. his heires and assignes for ever ; and I the said A. B. do hereby give and grant unto them the said C. D. and E. F. joyntly and severally , and to either of them full power and authority to do , execute , and performe any other lawfull act and acts whatsoever , needfull or 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 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 . 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 , 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 and determine matters done before , Bolstrod 2. part . fol. 21. Goodson against Duffill , Cro , first part , fol. 33. 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 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 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 . 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 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. 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 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. 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 2. 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 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 VVhat 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. VVhere 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 VVhat 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 VVhat 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. VVhere 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. VVhat 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. VVhere 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 , These Books following are Printed for John Place , and are to be sold at his Shop at Furnivals - inne Gate in Holborn . Books in Folio . 1. THe History of the World , by Sir Walter Raleigh , Knight . 2. Observations on Caesars Commentaries , by Sir Clement Edmunds , Knight . 3. Sheppards Epitomy of the Law. 4. The Reports of the learned Judge Popham , sometime Lord chiese Justice of England . 5. The Reports of the Learned Judge Owen , chiefe Iustice of the Common Pleas 6. Londinopolis , or a History of the Cities of London and Westminster , by James Howell . 7. The History of Swedes , Goths , and Vandals , by Olaus Magnus Bishop of Vpsall . 8. The Reports of the learned Sarjeant Bridgeman . 9. Cowells Interpreter of hard words in the Law , &c. 10. Maximes of Reason , or the Reason of the Common Law , by Edward Wingate Esquire , late one of the Benchers of Grays-Inne . 11. The History of Edward the Fourth , of the Wars between the Houses of York and Lancaster , by W. H. Esquire . 12. The Minister of State , wherein is shewed the true use of Policy , by Monsieur de Siton , Secretary to Cardinal Richlew , Englished by Sir Henry Herbert Knight . Books in Quarto . 1. The Compleat Clerk , or Scriveners Guide , containing the Draughts of all manner of Presidents , of Assurances , and Instruments now in use , as they were penned by the most eminent Lawyers . 2. Commentaries on the Original Writs , in Natura brevium . 3. An exact Abridgment of the Common-Law , with the Cases thereof , drawn out of the old and new Books of the Law : both by William Hughes of Grays-Inne , Esquire . 4. An exact Abridgment of the Acts & Ordinances of Parl. begining at the fourth year of King Charls , to the year 1656. 5. Declarations and Pleadings , &c. in the Upper-Bench . by Will. Small of Furnivals Inne , late one of the Clerks in the Upper-Bench . 6. Declarations , Counts and Pleadings in the Common Pleas , by Ric. Brownlow Esq late Prothonotary : The second part . 7. Regni argumenta Consilii , or a collection of Authentick Arguments in Parliament , humbly presented to the view and use of this present Session . 8. The floating Island , by Dr. Strowd , acted at Oxford . 9. The Tragedy of the fair I ene the Greek , by Gilbert Sumhoe Esq Books in Octavo . 1. The Iurisdiction of Courts , by John Kitchin of Barnards Inne . 2. Books of Entries of all manner of Judgments in the Upper-Bench and Common-Pleas . 3. The Grounds and Maxims of the Law , by Michael Haulk of the Middle Temple . 4. A perfect Guide for a studious young Lawyer , by Thomas Fidell of Furnivals Inne Gent 5. The Arraignment of the Anabaptists , in a Dispute at Abergavenny in Monmouthshire , by Iohn Cragge M. A. 6. A Cabinet of Jewels , wherein Gods Mercy , Mans misery , &c. is set forth in S Sermons , with an Appendix of the nature of Tithes , and expedience of Marriage , by a lawful Minister , by Iohn Cragge , M. A. 1. The Abridgment of the Lord Dyers Reports , by Sir Tho. Ireland . 2 Observations on the Office of a Lord Chancellor , by the Lord Elsemore , late Lord Chancellor . 3. The Laymans Lawyer , or the second part of the Practick part of the Law , by Tho. Foster , Gent. 1. The Laws of Corporations , Fraternities , and Guilds , by W. Sheppard Sarjeant at Law. 2. Transactions of the High Court of Chancery , by W. Tochel . 3. Brooks Cases in English , by I. Marsh of Grayes Inn Barrester . 4. Poems by Matthew Stevenson . 5. Perkins of the Lawes of England . 6. An exact Abridgment of Doctor and Student . 7. Invisible World , and the Mystery of Godlinesse . 8. Imposition of Hands : both by Ioseph Hall Bishop of Norwich . 9. Clarastella , by R. Heath , Esquire . 10. Doctor Prestons Saints Infirmities . 11. A Catechism , containing the Principles of Christian Religion , written by Moses Wall. 12 The whole Survey of a Justice of Peace his Office , by W. S. Sarjeant at Law. FINIS . Notes, typically marginal, from the original text Notes for div A85670-e1690 Lambert . arch . This Court no Court of Record . * Hengham f. 8. cap. 2. placita vero de furtis , melletis , hutesio plagis , verberibus , transgressionibus ubi non agitur de pace domini Regis fracta , ad Vicecomites pertinent audienda & determinanda . See Seldens Notes upon it , f 135 , 136 , 137 , 138 , 139 , & 140. Likewise Sir Henry Spelmans Glossarie , fol. 18. & 438. LL. Edovar . Confess . cap. 12. Chimini vero minores de Civitate ad Civitatem ducentes , & de burgis ad burgos , per quos mercata vehuntur , & caetera negotia fiunt , sub lege Comitatus sunt , &c. Why instituted . The time when it is to be holden Co. Inst . 4. cap. 55. Where to be kept . St. anno . 2 E. 6. cap. 25. Stat. 15 H. 7. cap. 24. 33 H. 8. c. 26. No Fine . Amercement . What actions will not lye in this Court. Exigents and Proclamations to be proclaimed five County dayes . F. N. B. 163. idem . 395. Bract. l , 3. f. 98. Fleta l. 1. cap. 15. 31 Eliz. cap. 5. Appearance . Essoyn . Duc. tec. Declaration . Modo & forma . Nota. Modo & forma . 27 H. 8. fo . 29. Count. Non-suit . Empartance . Continuance . Rule . Answer . Replication . Rejoynder . Sur-rejoynder . 〈…〉 rrer . C● . Inst . 1. fo . 7. b. Nota. Not informed . Nil dicit . Generall issues . Pleas specially to be pleaded . Obligation . Debt . Against Executors or Administrators . Non-age . Woman covert . Arbitrament . Trespasse Damage feasant Rent . Detinue . Slander . Warranty . Debt . Demise . Trespass . Nota. Liberum tenementum , or Freehold . Nota. Et hoc paratus est verificare . Et de hoc ponit se super patriam . Et hoc petit , quod inquiratur per patriam . 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. Nota. Co. Lit. fo . 6. Plow . 8. 12. Y. ss . The stile of the Court. Proclamation . Proclamation . Proclamation . Plaint . Declaration . Answer . Venire facias . The oath of the Jury . The oath of the Witnesses . Nota , 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 . Broo. 146. Finches . Ley 135. Coo. Sup. Litt. 97. 3 H 6. 54. 7 E. 4. Br. Iust . 3. Nota. The Condition . Yo. ss . Fieri facias against an Executor . De bonis propriis . Yo. ss . Fieri facias upon a Non-suit for costs . Yo. ss . Fieri facias upon a Verdict , for the Defendant . Fieri facias after a Scire facicias against an Administrator upon a Verdict had against the intestate . Venditioni exponas . Y. ss . Y. ss . Yo. ss . Yo. ss . Yo. ss . Yo. ss . Y. ss . County Court. ss . Y. ss . Nota. Recordare facias loquelam . The Return . The Shcedule . Y. ss . The Plea. Or thus . The Schedule . Nota. The Return . The Schedule . The Plea by Writ . Nota. Nota. The Return . The Schedule . Writ of Justicies Warrant upon the writ . Essoin . De male vener . Yo. ss . Declaration . Emparlance . Non sum informatus . Iury to inquire of damages . Precept upon an Accedeas ad curiam . The Return . The Plaint . Record to be delivered in Court. Betwixt two Sheriffs . Against a woman . Defect of the Coroner . Defect of the County . Supersedeas . Where one renders himselfe , and the rest appear not . Rendred himselfe . Dead . Waved . Languid . Nota. Nisi prius . Nota. Cap. ad sasis . Fi. Fa. Elegit . Nota. Record upon a writ of false Judgment . County Court. ss . Errors assigned . Vpon a Replevin . Yo. ss . Distresse awarded . Error assigned . A Record upon an Acced : ad Cnriam upon false judgment . Errors assigned . County Court ss . Yo. ss . Yo. ss . Y. ss . Yo. ss . County Court ss . Yo. ss . Yo. ss . County Court. ss . Yo. ss . Yo. ss . Yo. ss . County Court. ss . County Court. ss , York . ss . Y. ss . Yo. ss . Yo. ss . Yo. ss . Yo. ss . County Court , ss . Y. ss . Yo. ss . Yo. ss . Yo. ss . Yo. ss . Yo. ss . 14 E. 4. fol. 6. 15 E. 4. fo . 32. 17 E. 4. fo . 5. County Court. ss . Co. Report , q. part . Aldreds Case . Yo. ss . County Court. ss . Yo. ss . Yo. ss . County Court , ss . County Court ss . Y. ss . Yo. ss . Yo. ss . County Court ss . County Court. ss . Yo. ss . York . ss . Yo. ss . County Court. ss . Yo. ss . Yo. ss . Yo. ss . Yo. ss . Yo. ss . Yo. ss . Yo. ss . Yo. ss . Yo. ss . County Court. ss , County Court ss . Yo. ss . York ss . Yo. ss . Yo. ss . Yo. ss . Y. ss . Yo. ss . Yo. ss . Yo. ss . Yo. ss . Yo. ss . Yo. ss . Yo. ss . County Court ss . Yo. ss . Yo. ss . 1 Pact . non sol . 2 Morat in lege . Yo. ss . Yo. ss . Yo. ss . York . ss . Son. assault de mesn . Yo. ss . Yo. ss . Yo. ss . Yo. ss . Yo. ss . Yo. ss . Yo. ss . Yo. ss . Yo. ss . Yo. ss . Yo. ss . Y. ss . Yo. ss . County Court. ss . Yo. ss . Yo. ss . Yo. ss . Yo. ss . Yo. ss . Yo. ss . York ss . Custos vitae Reipub . His judicial & ministerial authority . Judicial power . Fitz. N. B. 8. d. & 82. Term. del Ley , tit . visc . 44 E. 3. F. Barr. 202. 5 H. 7. 6. 3 H. 7. 1. St. 3 Iac. c. 4. Br. Fines 37. Offic. Coron . 3 E. 1. Suspected persons . Armed persons . 2 E. 3. c. 3. Cromp. 203. 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. To enquire of waste , or to execute a Writ of Redisseisin . He may commit a disseisor to prison , &c. Co. 6. fo . 12. Dalton office of Sher. fol. 18. His Ministerial power . Custos vita justitiae . Crom. 203. Co. 4. 72. A. Co. 3. 72. Westbies Case . The indorsment of such writs as are turnd over to the new Sheriff by the old Sheriff . Stat. 12 E. 4. c. 1. & 17 E. 4. 6. The new Sheriff is to take notice who are in execution . Co. 3. 72. b. Westbies Case . He is to preserve the Protectors right , &c. 21 H. 7 7 a. Stamf. Perk , 5. 6. Suit Royal , what ? Suit service , what ? 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 . Dalt . office of Sher. fo . 25. 〈◊〉 . Amerciaments . Mag. char . 14. Westm . 1. c. 18. Recognisance , Fines , Amerciaments , &c. 33 H. 8. cap. 39. He is to seize no goods of Felons , &c. till they be lawfully forfeited . 1 R. 3 cap. 3. But take sureties he may , that the goods shal not be imbezelled , &c. Br. tit . forfeit 44. Plow . 68. He that flies for felony forfeits his goods , chattels , and the profits of his Lands , &c. Coo. 5. 109. Plo. 262. Fitz. Forf . 92. &c. Coron . 296. & 344. Felo de se . Vtlawes goods for felony . Co. 5. 110. b. Must receive all Writs , and execute them , &c. 2 E. 3. cap 5. Cromp. 203. He may command his Bayliff to execute them either by word or precept , &c. Lamb. 91. 21 H. 7. 23. a. 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. Co , 10. 57. a. & b. 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. An arrest by an old Sheriff after his discharge tortious . If process may be executed upon the Sabbath day . Coo. 9. 66. 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 Co. 11 82. a. Lewes Bowles case . Proclamation to be made 4 times a yeare . Stat. Winchester . Statute against unlawfull games . 3 Custos vitae legis . 22 Ass . 47. Fleta , l. 2. c. 64 , &c. How to sue out an Execution upon a Statute Merchant . Certiorare . Capias . Extendi facias , what . 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. Several Certificates in divers Courts upon one Statute , Execution sued in the one shall not stay that in the other 29 Ass . 29. 29 Ass . 41. 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 . 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. 26 H. 6. Ex. 6. 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. 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. 41 E. 3. Statute sued of parcel of the Lands in the name of all , shall never extend the rest . Three bound to one in a Statute severally , Execution may be against one , or all . Infant bound in a Stat. may avoid it during his Minor. &c. The like by dures imprisonm . Proper . Improper . Statute-Staple proper what . 27 E. 3. c. 9. Statute-Staple improper what . Or. 27 H. 8. c. 6 West . Symb. 1. L. 2. Sect. 152. 153. 154. 155. Note . 27 Eliz. cap. 4. The manner of proceeding upon a Stat. Staple . Liberate . Note . Co. L. 6. 45. C. 2. in Higgons case . Pemberton & Bartams case , Plow . 32. El. Rot. 235. The manner of proceeding upon a Recognisance . Elegit . Levari facias . Fieri facias . Capias . Proceedings against the sureties . Execution of all the goods and chattels , and a moyty of the Lands . Execution of the Land which the Recognisor had at the time of the Recognisance , &c. Two sued in Execution , the money deliver'd to the Attorney of the one , and to the other himself , good , &c. The heir charged , &c. Execution upon Stat. and findes bail , & doth not appear at the day , &c. 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. 3 Bound in a stat . joyntly and severally , he shall have exec . against one , or all , but not against two , &c. Note . 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. The sheriff must return the Extent , and that he hath delivered the lands , &c. Term of years delivered in execution upon Elegit good , and also rents . The sheriff must return the moiety distinctly , unless they be Tenants in common , &c. Brownl . Rep. fol. 38. The sheriff cannot deliver a Lease at another value then what the Jury had found it at . Goods cannot be sold by the owner after the Test of the Elegit . An Execution valuable without satisfaction . 23 H. 8. cap. 5. Note , where a Capias lies after an Elegit . Hobert . fol. 58. Lands sold after Judgement shall be lyable to satisfie it . Two Writs of Elegit delivered to the Sheriffe at one time how to be executed . Severall Elegits may issue into severall Counties . No Capias nor Fieri fac . doth lye after an Elegit , and why . Mich. 30 E. 3. Cap. 24. Prisoners must be kept in salva & arcta custodia . Fitz. 93. a. c. Cap. ad satisf . where a Cap. lies in the Orig. Nothing but the body can be taken by this Writ . 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 . 7 H. 4. 30. Two bound in an Obligation joyntly and severally , both may be sued and taken in execution , &c. No Cap. ad satisf . for damages in a Writ of Dower . No return required upon a Cap. ad satis . Cap. pro Fine . Cap. Vilegatum . Cap ad valent . Cap. pro Fine , what it is . An Elegit sued after one is taken for the Protectors fine , he shall go at large One taken upon a Cap &c. in trespasse , &c. 47 E. 3. Execution 41. Cap. Utlegat . what it is . Note . Cap. utleg . & inquiras de bonis & catallis , what it is . Cap. ad Valen. what it is . Westm . 2. c. 18 , 13 E. 1. The Sheriffe must be caut●ous in executing this Writ , &c. Dalt . office of Sheriffs , fol. 60. 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 . Noy's Reports , fol. 59. Sale upon a Fi. fa. shall stand , though judgmēt 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 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. Bond taken by the Sheriff , not within the Stat. of 23 H. 6. c. 10. 19 H. 6. 43. Co. 10. 99. b. 3. in Beaufages case . Where the under Sheriff justified the breaking of three doors , &c. to do execution , &c. Crooks second part , fol. 555. 556. The Sheriff may sell a Lease for years , &c. without taking inquisition of them Co. 5. 90. 4. 74. Four Reasons why no return is required upon a Fieri fac . Register Origin fol. 298. b. 300. b. Plow . 441. Stat. Westm . 2. cap. 45. Fitz 266. c. Part of the sum levied , a Sicut alias Levari facias may issue out for the residue . Fitz. 265. h. Co. 6. 51. F N B. 265. Westm . 2. c. 18. Habere facias seisinam , what it is , and where it lies . Habere facias possessionem , what it is , and where it lies . F N B. 220. & 221. Co. 5. 91. 1. 6. 51 Dyer 278. Returne hath a threefold acceptation and how . 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 . Co. 3. 27. Westbyes case . An indorsment of Writs , as was received by the new Sheriffe , from the old Sheriffe . Surplusage no hurt to the return of a writ . Winch. Repor . fol. 27. A Proclamation upon Exigent returned by a Sheriff out of office , void . Rescous upon a Latitat , no good return . Return by one Sheriffe where there are two , no good return . 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. To say that the party will not pay his fees , no reurn . The Sherif must set to his returns both his name of baptism and sir-name . Plo. 63. a. Imperfect returns corrigible . For the Sheriffe to fay that his Bayliffe will make no deliverance , no good return . He shall not be charged for insufficient returns by Bayliffs of Liberties . Every return must exactly answer the writ . 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. Returne of rescous invalid , because he did not shew at what place it was done B. 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 . 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. What return upon Waste good , and what is not . Return of a precept for writ , not good . No good return , 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. Co. 5. 90. 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. The Sherif may take Posse comit . upon a Replevin . A Scire sacias against a husbād 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 . Outlawry returned in London , where not good . The County omitted in the return of an Exigent erroneous Vpon Exigent returned , that the party hath rendered himselfe , and not so , not good . Cepi corp . upon a Capias ad satisfac . and not so , erroneous . Process against the husband and wife , and the wife appeares not at the day , not good . Vpon an enquiry of damages , return of damages , no hurt to the sheriffe , and why ? &c. Vpon account or debt , where the sheriffe returns no lands found , &c. and he had lands , &c. not good . To say upon a Repleyin that there is no goods , &c. not good . The like in Detinue , &c. Or upon Hab. fac . seisinam . If the sheriff return Cepi corp . he shall be chargeable with the body at the day of the return . Note . Br. attach . 156. The return of a Non est inventus . The returne of a Cepi corpus in the Common Pl. The returne of a Cepi corpus in the upper Bench. The return of a Cepi corp . and non est invent . The return of a Cep . Corp. & languidus in prisona . The returne of a mandavi Ballivo libertatis , where the Bailif maketh no return of the sheriffs warrant , or where he makes an insufficient returne . 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 . The return of a Scire fac . where a Scire fac . is returned . The return of a Nihil to a sc . fa. Return Scir . fa. for one , and Nihil for the other . The return of and Attachm●●t and Proclam . in Chancery . A Nihil r. of a Ven. fac . upon an Indictment , presentment , or information . A summons returnd of the like . The return of a distrng . nup. vic . or Balliv . The return of a Ven. fac . jur . The pannell . The return of a distringas or a Hab. cor . jur . They of an Exigent where one bringeth a sup : one rendereth himselfe , the other appeareth not . The returne of a Proclamation . The return of an Allocat . Returne of a Tarde . The Return of a Hab. cor . where the def . was taken by a former Sherif . The return of a pone . The Schedule . Return of a Sci. sa . for the releas of prisoners . Return of Nihil to a Scir . fac . against the heir and ter-tenants . The return of a summons in Dower . The return of a Cap. in manus grand Cape in Dower . The returne of a Summons , upon an originall against an heir . The returne of Hab. fac . possessionem , & cap. Where Iudgment is signed with costs . The returne of a Liberate out of Chancery . The return of an Acced . ad cur . The Scedule . The returne of a Re. sa . lo. The Scedule . Returne averia . elongat . and Cepi corpus for damages . The writ . The Scedule . The returne of a rescous . The custody of my said Bayliff . If two sufficient hundredors do appear it is suffi-Stat . 27. Eliz. cap. 6. 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. F. N. B. 166. d. None to be returned but such as have 4 l. per ann . 24 Iurors must be returned , otherwise error . Co. 5. 36. & 37. He must summon the grand Iuries to the Assizes , and Iuries for the quarter sessions , &c. None must be returned upon an Indictment but , &c. probi & legales homines . He must returne good Issues . The sheriff must elect an honest Gaoler . What an Escape is . For felony , it is felony in him that suffers the Escape , &c. If a prisoner escape , yet upon fresh suit , and taken , he shall be in execution . Co. 3. Boytons Case . Idem sup . Lit. fo . 260. 13 E. 1. c. 11. 2 R. 2. c. 12. Plowd , 360. a. The Protector cannot command without writ , to free a man , &c. If the sheriff dye and one breaks the gaole , no escape , &c. 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. 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. All that come into the Gaol , as prisoners , ought bar . plac . 253. 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 . 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 . A reprisall by fresh suit before the action brought , excusable ; but a reprisal after the action brought , no excuse . Coo. 3. fol. 52. Ridgleys Case . 23 E 4. 8. 13 E. 3. tit . bar . 253. 6 H. 7. 12. Stat. 1 R. 2. 33 H. 6. 47 F. N. B 93. Regist . fo . 98. 4 H. 6. 6. Note . Co. 3. 44. What bayle is . Co. super Lit. lib. 1. c. 10. Sect. 79. Any person making a warrant , &c. without origi al process , upon examin . &c. shall be committed without bail , &c. 43 Eliz. cap. 6. Such as are in execution , &c. n●t to be bailed . The like . None to be bailed that are prohibited by the stat . Westm . 1. cap , 15. He cannot baile any suspect of felony as formerly . He cannot refuse to baile one bailable upon tender of sufficient sureties . The like . 23 H. 6. cap. 10. Fitz. 251. b. Traytors or Felons not bailable . In the upper Bench the bayle not chargeable till default assigned in the Principall , &c. Winch rep . so . 62. The New Rules . Stat. 7 H. 4. 15. Co. Inst . 4. fol. 48. 23 H. 6. cap. 15. Cromp. 208. Rot. Parliam . 5 H. 4. num . 38. Co. Inst . 4. fo . 49 Co. Inst . fol. 48. Who may be electors . 7 H. 4. cap. 15. What persons are elegible , and who not . Co. Inst . 4. fo . 48 Ibid. Ibid. 1656. Punishment of Sheriffs for their negligence in elections or returns . Penalties on Counties , and places for not electing . Note . What he is . Hobert fol. 13. Norton's case against Simms . He hath power to execute all the ordinary offices of the Sheriff , that may be transferred by the Law , &c. The Sheriffe must take good security of him , &c. By the Stat. of Extortion by Lamb. fol. 4. 15. Cromp. fo . 205. b. For executing an Exigent , or Execution . In the Terme of S. Hillary , on the morrow of Purification , &c. The returne of a Nulla bona & devastavit by Inquisition . N. ss . The Returne of a Fieri facias . The return of a Fie sac . where part of the debt is levied , and for the residue a nulla bona . Another return of a Fi. sa . The return of a writ where the Sheriff dieth after execution thereof , and so returned prout indorsat . by the present Sheriff . The returne of an Elegit , where Lands are in the Kings hands . The returne of an Extent in the Exchequer , &c. N. ss . The returne of a scir . sac . agaixst the heir and ter-tenants where notice is given . The return of a summons in Dower . 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. 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. 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 . 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 . 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 . 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 reasō 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 . 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 . 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 . 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 . Covenant to save harmlesse the Sheriffe from all costs and damages which may be recovered against him upon any such suit . 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 . 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 . 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 . 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. 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 . 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 . Covenant , that the Vnder-sheriffe shall receive all dues and fees to his owne use , without rendering any account to the said Sheriff . Covenant to execute the office without committing extortion , &c. Covenant to execute , answer , & returne all processe , writs , precepts and Commandmentsdirected to the Sheriff , &c. 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 . 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. Covenāt to make ready , at his proper charges , the place where the Assizes , &c. shall be holden . And shall give notice to the Sherif in convenient time , of the times and places where his personall attendance shall be requisite . 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 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. 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 . 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 . 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. 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 . 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. 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 Cōmon 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 . Covenant , that the said C. D. shall and will frō 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. 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 . 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. 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 . 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. To be bayliff during the pleasure of the Sheriff . 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. 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. 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 . 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. 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 . 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 . 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 . 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 . 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. The returning the Devastavit ▪ 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 . They binde themselves in the penalty of 300 l. for the performance of it . Co. upon Mag. Chart. cap. 17. 4 Inst . cap. 59. sol . 271. Mirrour cap. 1. Sect. 13. Articuli super Chartas . See Brit. cap. 3. fol. 3. Stamf. pl. coron . 48. c. Register 177. F N B. de Coronatore elegendo & de electione viridariorum . Co. Int. 2. fol. 174. & 175. In Scaccar . inter praecept . term . Hil. 14. E. 3. ex parte remem . regis 20 H. 9. Dyer 1. Eliz. fol. 165. Daltons Iustice of Peace . Co. 2. Inst . Magn. chart . cap. 17. Mirror cap. 1. sect . 13. Croke 1. part , fo . 95. Sir Wil : Withipoles case . In case of death an Inquisition super vis . corp . per sacr . prob . & legal . hom . where not good . Poph. rep . fol. 202. Harison against Errington . Poph. rep . fol. 209 , 210. Stat. 4. E. 1. Co. lib. Intr. fol. 354. Smiths Cōmon wealth of England , cap. 24. Stamf. 52. City of York . The Oath of the fore man of the Jury . The oath of the ●est of the Iury. York . ss . The oath of the evidence . What are Deodands , and what are not 14 H. 7. 31. 4. H. 7. 3. Pl. Com. When the Sherif is Plaintif in an action of waste , the Estrepement shall go to the Coroners . He may take posse Comitatus . Fitz. tit . Coron . fol. 221. & 371. 5. H. 7. Note . The Sheriffe shall have Counter-rolls of Appeals , &c. Middlesex . ss . Middlesex . ss . Middlesex . ss . Middlesex . ss . Felo dese . Middlesex . ss . No forfeiture of Lands . Lamb. E. 4. c. 4. Britton cap. 29. & cap. 61. Flet. E. 2. c. 62. Br. 21. 23. Powel . Suit reall , what it is . Leets how first granted . Kitch . fol. 6. Dyer , fo . 64. & 13. Termes of Law. Co. L 4. 33. & L 6. 12. Extrinsical offences . Intrinsicall offences . Co. 8. 38. A Suitor refusing to make presentment , or refuseth to be sworn . No commitment to prison , &c. yet he may take a Recognizance for the peace . Co. Inst . 4. fol. 263. Magna Charta . cap. 17. No Indictments of felony for death . 28 E. 3. 95. 21 E. 4. 21. 3 H. 7. fo . 1. Br. Leet , 19. & 25. Br. Leet . 26. Dyer 234. Fitz. tourn . 1. 4. Styles prac . Reg. Delta . sol . 155. Fitz. Leet . 11. Stat. 9 H. 3. c. 33. 52 H. 3. c. 2. & 10. Br. Leet 42. Fitz. 160. c. 161. 1 R. 3. cap. 4. Westm . 2. 6 H. 4. fol. 1. 2 H. 7. fol. 4. Coo. on Lit. lib. 2. c. 11. p. 194. Co. part . 8. 43 E. 3. 9. Avowry 80. vi . 11 H. 4. 89. 12 H. 7. 15. 11 H. 4. 88. 11 E. 3. 9. Avowry 155. 10 H. 6. 7. Co. rep . 8. Griesleys case . 29 E. 3. 36. 41 E. 3. 26. 9 H. 6. 41. Custome . Ass . 13 E. 3. Avowry 105. 47 E. 3. 12. 10 H. 7. 21. Stat. E. 1. 4. Hill. 21. E. 3. Bar. 271. Inquiries . The oath of the fore-man of the Inquest . The oath of the rest of the Inquest . The first consideration . The second consideration . Deut. c. 6. The third consideration . What an oath is . Hebr. cap. 6. v. 16 , 17. Malac. 3. High-Treason . Petty-Treason . Felony . Rape . Burglary . Petty Larceny . Phisnomy defaced . Misprision of Treason . Sorcerers and Conjurers , and Witches . Sacriledge . Taking of Doves , young Pigeons , Goshawks , fish , Cignets , Swans , Peacocks , domestick Deere , and Robbery . Burning of houses or barnes . Acessaries . Escape voluntary . Escape negligent . Rescue . Constables Tything-men . Stocks . Hue and Cry. Common Nusance . Bridges decayd . Common Pounds . Surveyors of high wayes . Ditches , hedges , and high wayes kept and scoured . Boundaries ' . Hedg-breakers . Pound-breach . Blood-shed . Rescous . Common Barretors . Alehouse-keepers . Forestaller . Regrator . Ingrosser . Assize of bread . Brewers . Victuallers . Inne-holders . Butchers . False weights and measures . Tanners . Curriers . Shoomakers Searchers and sealers of leather . Vnlawfull games . Shooters in handguns Croshowes , &c. Fry of fish . Phesant and Partridges . Hawking or hunting with spaniels , &c. Tracing of hare . Breaking of ponds . Evesdropers . Musters . Horses infected Watch and Ward . Mortmaine . Treasure trove Waifes , Estrayes , &c. Conclusion . Proclamation . The Oath . Adjournment . What a Mannor is ? L. Dyer . How Mannors were created . F. N. B. 3. & 8 Leonards Reports first part 33. Marsh against Smith . Customary Mannor , what . Co. 11. 17. & 18. Sr. Henry Nevils case . 17. E 3. fo . 8. Bolstrod . first part . fo . 54. Mich. 8. Jac. Lamb fo . 128. & 146. Cambden Brit. 1216. Britton . fo . 274 Mirror . cap. 1. Sect. 3. 12 Eliz. Dyer 288. Brownlows rep . 175. Bolstrod , 1. part fol. 54. Bolstrod , 1. part , fol. 57. Of the Lord. Of the Steward . The Freeholders . The Copyholders . The Bayliff . Fleata lib. 2. cap. 73. Mag. Char. c. 35. 31 E. 3 cap. 15. Coo. l. 4. 26. & 6. 27. Owens Reports fol. 35. Mic. 13. & 14 Eliz. Leonards Rep. 133. Marsh against Smith . Co. 4 fol. 24. Murrell and Smith , and fo . 27. Cliftons case . The Stile of the Court. Proclamation . Essoyn . Plaint . Amerciament . Jurrors . The Foremans oath . The oath of the rest . Proclamation . The tenants are obliged to appeare at every three weeks end at the Lords Court-Baron . What tenants are dead since the last Court. What lands he held , and by what service . Who is his next heire . Knights service what it is . Homage , fealty , and Escuage , Knights service Knights service is done by a man in propria persona . In Scobels acts in Wards , &c. See the Act of Parliament for the taking away of the Court of Wards . 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 . Entry for Conditions broken . Disseizin of the Tenant , and death before any re-entry . What Soccage tenure is . Reliefe is as much money as one years rent . Copyholder . If tenant by Socage made any feofment to his use . Whether any Freeholder hath aliened any of his freehold Lands . Herriot service , Herriot custom . Whether any Copyholder died seized of any such Lands . How a Copyholder ought to surrender his Copy-hold . Whether any Copyholder hath made any surrender . Mortmain . What Mortmain is . Waste . What waste is , and how the same is committed . Whether any tenant in possessiō or reversion died seized without any heir . A Bastard may not inherit . Whether any tenant died , being put out of his land by one that had no right to Petty Treason , felony , or murder committed of any Tenant , for which he was hanged , or had judgment to be hanged . Whether there be any rents lost , or services with-drawn . Whether the Tenants do uphold and repair their tenements . Whether any tenāt hath with-drawn his services . Waife and stray . Rescous . What it is . Breach of pownd . Whether any Tenant hath let any Farm fall to decay , viz. not maintained for husbandry , as before . If any have overcharged the common , or high wayes , or put Cattel in them before the dayes agreed upon . If any persons have made pits in the high wayes , breaking of hedges , &c. Stopping of wayes , waters , &c. Whether any have encroached . Whether any have removed any marks . Whether any have stalked with bush or beast . Whether any have or do keep away any Evidences . Whether any have fished , fowled , &c. Whether any have taken any Feasants , &c. Swans , or swans eggs . Concealed land . Trespass in the corne , grass , &c. For inclosing in several grounds without the L. licence , &c. A Copyholder may not let longer then a yeare and a day . Granting greater estates . Whether the , Baylifs , &c. do execute their office . Whether the defaults & plaints be amended . Conclusion . Adjournment . The discharge of the Court. A Copyhold granted by a Disseisor , may be avoyded by the Disseisee . But admittance upon surrenders , &c. good . Owen . Rep. fol. 115. Trin. 1 Iet . rot . 853. None can passe it larger estate then he hath . Copyhold estates not to be avoyded for dower . What person is sufficient to be a Copyholder . Eliz. Dyer . 301. What interest a Copyholder hath in his estate . 8 Eliz. Leonards rep . first part . fo . 8. Mich. 25. & 26 Eliz. Copyholder and Tenant at will. Bolstrod . first part . fo . 51. 7 E. 4. 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 . Whether or no a Copyholder may lop trees . Copyholder for life cannot claim custome to cut downe and sell trees . No tenant by the Curtesie nor Dower shall be of Copyhold lands . Leonard rep . 1 part . 126. An estate tayle cannot be of Copyhold lands without use . Crook . 1 part . fo . 31. & 32. Poph. fol. 38. A Copyholder may assigne one to essoyn for him , but not to do his service . Copyhold not extendible by Stat. Stap. but it is upon the Stat. of Bankrupts , not lyable to any charge of the Lord , &c. Upon a surrender action lies not against the Lord for refusing admittance . In ministeriall offices action lies against him that will not do his office , but not so in cases of trust . 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. Surrender to the Lord , &c. Surrender to A. B. until be marry C. D. &c. Surrender to the use of a stranger , &c. 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. Surrender to the use of one for life , &c. Copyhold may be extinguished without an actual surrender . Huttons Rep. fo . 65. Blemerhassets case . Leonard . first part . 133. Leonard . first part . 124. Poph. fol. 39. Lanes Rep. 20. A surrenderer of a Copyhold cannot surrender before admittance . Poph. fo . 128. No surrender by an Attorney without deed , but an admittance may be . Crook , first part . fo . 142. 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. A forfeiture to build and pull down again . No good custom to pull downe houses , or cut down trees , &c. Bolstrod . first part . fo . 51. & 52. A Copyholder by the common law , without special custome , cannot make a Lease for one yeare , but it is a forfeiture . Crook . first rep . fo . 169. A lease for one year by a Copy-holder , &c. a forfeiture . Bolstrod rep . first part . f. 215. Lutterels case , Mich. 8 Jac. B. R. rot . 602. Hetleyes 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 To refuse to pay a Fine certain , is a forfeiture . Or refuse to appear at his Lords Court. Some excusive reasons why he may not appear at the Lords Court. A general warning of the Court within the parish is sufficient . Leonards first part fo . 133. Hetleys rep . fo . 7. One seised in the right of his wife , surrenders it , and dyes , no discontinuance to the wife . Co. rep . 4. 23 Co. super lit . fo . 61. a. b. Fleta . lib. 2. cap. 26. How he may be retained . Co. rep . 4. 30. Dyer . 8. Eliz. 248. Leonards first part fo . 309. Co. 4. of Copy-holds , fo . 143. Carthrop . sc . 47. 2 H. 4. 24. Leonards first part fo . 299. How he may forfeit his office . Co. 4. rep . of Copyholds , fo . 146 . &c. Mr. Kitchin in his Jurisdiction of Courts , &c. A pain set for an incroachment . A pain set for the amending of the same , &c. The finding of a pain forfeited . The verdict of homage touching their former charge . A Surrender and remise of lands made in Court before the Steward , and the examination of the wife . A Surrender made by one to his mother of lands for her life , the reversion to the Son againe and his heires . The definition of Pypowder . 8 H. 7. fol. 4. b. St. 17. E. 4. c. 2. & 1. R. 3. c. 6. Bolstrod . 2. part . fol. 21. Cro. 1. part , fol. 33. Prescription . 13 E. 4. fo . 8. b. Hil. 33 Eliz. Rot. 124. 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. 6 E. 4. fol. 3. b. The Steward is Judge . 7 E. 4. fol. 23. 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. Bracton , lib. 5. fol. 335. De brevi de recto 1. 17 E. 4. cap. 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. Note .