<!DOCTYPE ETS PUBLIC "-//UMDLPS//DTD EEBOPROOF 2.0//EN">
<ETS>
<TEMPHEAD>
<REVDESCR>
<CHANGE>
<DATE>2007-11-16</DATE>
<RESPSTMT>
<NAME>Pip Willcox</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>proofed text and revised markup</ITEM>
</CHANGE>
</REVDESCR>
</TEMPHEAD>
<EEBO>
<IDG S="marc" R="OX" ID="A85670">
<STC T="W">G1870</STC>
<STC T="T">E1789_1</STC>
<BIBNO T="umi">99868546</BIBNO>
<VID>170372</VID>
</IDG>
<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>&Bgr;&Ogr;&Ugr;&Lgr;&Egr;&Ugr;&Tgr;&EEgr;&Rgr;&Igr;&Ogr;&Ngr;, OR A Practical Demon&s;tration OF County Judicatures.
Wherein is amply explained the Judiciall and Mini&s;teriall Authority of SHERIFFS.
Together with the Original, Juri&s;di|ction, and method of keeping all Countrey COURTS.</P>
<P>By <HI>WILL: GREENWOOD,</HI> <GAP DESC="foreign">.</P>
<Q><BIBL>Theophra&s;tus.</BIBL>
<L><GAP DESC="foreign">.</L>
<L>Qui nihil inju&s;te agit, nulla opus habet lege.</L></Q>
<P><HI>LONDON,</HI> Printed by <HI>T. R.</HI> for <HI>John Place,</HI> at <HI>Furnivals</HI> Inne Gate, and <HI>William Place</HI> at <HI>Grays-Inne</HI> Gate in <HI>Holborne,</HI> 1659.</P>
</DIV1>
<DIV1 TYPE="dedication">
<PB REF="2">
<PB REF="2">
<HEAD>To the Right Honorable, <HI>Thomas</HI> LORD <HI>Widdrington,</HI> Lord Chief Baron of his Highne&s;s Court of the Publique Exchequer.</HEAD>
<OPENER><SALUTE>My Lord,</SALUTE></OPENER>
<P>_I Am bold, by vertue of your Patronage, to ex|po&s;e this &s;mall <HI>Tract</HI> to the publique View and Cen&s;ure of the World. It's Refuge is the &s;anctuary of your Name; the Re&s;ult amounting to no more then a per&s;ua&s;ive hope of Se|curity from the contagious emi&s;sions of that univer&s;al <HI>Ba&s;ilisk,</HI> Detraction: and, by the indulgence of your favour and acceptation, will triumph over &s;elf-martyring envy. I pre&s;ume not to pre&s;ent it to your judicious a&s;pect, as
<PB REF="3">
that your Honour &s;hould learn any thing by the act of one in the <HI>April</HI> of years &amp; literature, as I am; but hoping that if at any your recreatory houres, you &s;hall grace it with the view of your di&s;cerning eye, you may ob&s;erve &s;ome|thing in it that may conduce to publick utility. I might well fear my rudene&s;s &s;hould offend your Honorable &s;urvey; but that it is your noblene&s;s rather to &s;mile at the errors committed by young heads, then cen&s;ure them. However I humbly crave your Lord&s;hips par|don for pre&s;enting things &s;o unworthy your view, and to accept of them as an incourager of my meane endeavours, who &s;hall ever continue</P>
<CLOSER><SIGNED>Your Lord&s;hips mo&s;t humbly devoted Servant,
W. Greenwood.</SIGNED></CLOSER>
</DIV1>
<DIV1 TYPE="to the reader">
<PB REF="3">
<HEAD>TO THE CANDID AND Ingenuous Readers.</HEAD>
<P>_HOw worthy of ob&s;ervation is that ingenious <HI>Apo|thegme</HI> of Divine <HI>Plato,</HI> when he &s;aid; <GAP DESC="foreign">. <HI>Non nobis &s;olum nati &s;umus, &s;ed ortus no&s;tri partim &s;ibi pa|tria vendicat, partim parentes, partim amici.</HI> So the per&s;wa&s;ive dictates of this golden <HI>Theme</HI> &s;ugge&s;ted to me the utility a Treati&s;e of this nature would produce to the Countrey, which in&s;tigated my Pen to demon|&s;trate as well the Theorick as Pra|ctick part of tho&s;e Courts generally
<PB REF="4">
incident to it; for the more the coun|trey knows them, the better they will affect them, <HI>ignoti nulla cupido.</HI> I can|not comprehend how any thing can be more u&s;efull to and for the Coun|trey, and con&s;equently more general|ly expetible and wi&s;hed for, then the theorick and practick knowledge of the&s;e Courts; for who is there in any County of this <HI>Common-wealth,</HI> or within the &s;everal Precincts or Juri&s;|dictions of any of the&s;e, that is not or may not &s;ue and be &s;ued in them? So that here they may read, &amp; under&s;tand how their Actions do proceed, and what, and how far the power and force of every <HI>precept</HI> and <HI>warrant</HI> doth extend, and what the <HI>fees</HI> are; &amp; may, as with a touch-&s;tone, try and examin the actions and proceedings of their <HI>Attorneys</HI> or <HI>Solicitors.</HI> I mu&s;t acknow|ledge my early experience (that I am but <GAP DESC="foreign">, <HI>A&s;inus ad Lyram</HI> in
<PB REF="4">
the&s;e di&s;cour&s;es) in compari&s;on to &s;ome of the more grave and ancient practi|cers, is but as a drop of water to an over|flowing bucket: neither am I ignorant that much hath been writ upon the&s;e particular &s;ubjects, by men who&s;e &s;age and indu&s;tri|ous Labours, and &s;trenuous abilities, I dare not &s;o much as emulate; yet, in a matter of &s;o grand and publique importance, I hope I &s;hall not be too &s;everely blamed if I, ac|cording to my cur&s;ory and imperfect man|ner (for never any at once vaulted into per|fection) adventure to follow their foot|&s;teps; for the &s;ubject is not new as touching matter, but only in invention, order, &s;tyle &amp; method of handling it; for I walk not up|on mine own legs, but am &s;tilted by what I have borrowed from tho&s;e <HI>Luminaries of Learning:</HI> I am indebted to all; yet not being beholding to any of my <HI>Creditors</HI> without giving them a note under my hand, nor a|verring any thing of my &s;elfe, thereby to muzzle the mouth of contradiction; for I
<PB REF="5">
know the too acute &s;everity of &s;ome, will be furni&s;hed with latitude enough to charge my pen with Lap&s;es, and Im|perfections. Therefore you mu&s;t expect better and more generous Wine of the old <HI>Vine-tree,</HI> according to that of <HI>Pliny, Vetu&s;ti|oribus &s;emper vitibus vinum melius,</HI> for I dare not promi&s;e you <HI>(Amphoram ne urceus exeat)</HI> mountain, le&s;t it produce the ridiculous i&s;|&s;ue in the <HI>Fable.</HI></P>
<P>Objections may peradventure ari&s;e, That in this I have imitated the <HI>Amygdala</HI> or <HI>Al|mond-tree,</HI> that with celerity buds and brings forth her fruit, or that I have &s;oared above my pitch, attempting an <HI>Eagles</HI> flight with the flagging wings of a <HI>Wren</HI> in the high &s;pring tide of an over weening opinion, pricked forward by an in&s;atiate de&s;ire of <HI>po&s;thume glory,</HI> or conducted by the <HI>Ignis fatuus</HI> of popular applau&s;e; but this I look upon as the carp of &s;ome <HI>Aristarchus,</HI> &s;tept in to calumniate what he cannot better, nei|ther do I expect but to be &s;ubject to &s;uch a
<PB REF="5">
la&s;h; for I confe&s;s it (according to that of <HI>Nicomachus)</HI> <GAP DESC="foreign">. <HI>Difficile e&s;se in hac vita degentem, omnes invidentium oculos la|tere,</HI> yet let &s;uch <HI>Criticks</HI> take this by the way, that <GAP DESC="foreign">, <HI>it is far ea&s;ier not to like then to do the like.</HI> But though they do uncivily prejudicate my endeavors with a &s;ini&s;ter conceit, or uncourteou&s;ly cen&s;ure my non-ability, impeaching me for &s;ome things that do di&s;ta&s;te their delicate palates, as my former appearances have done, yet <HI>jacta nobis e&s;t alea,</HI> I intend by the divine fa|vour happily to proceed, though unhappily I have begun; (for in truth the &s;ubject would require the &s;tudious <HI>pen</HI> of a &s;age Lawyer, yea the combination of learned heads to do it to the life, yet neglected) for I ever e&s;teemed the employment of tho&s;e talents, either naturally be&s;towed on <HI>man</HI> by the <HI>Deitie,</HI> or acquired by &s;tudy and in|du&s;try, ought more properly, yea, and of duty to be employed in the &s;ervice of our
<PB REF="6">
<HI>Countrey,</HI> than to be made u&s;e of in the &s;ati&s;|faction of our private humours: therefore I do here (in acquittance of that general ob|ligation) endeavour to offer up this <HI>mite</HI> of my endeavours among the many learned and elaborate works which the choice wits and &s;tudious pens of our age have produced in all kinds, for the <HI>World</HI> at this time is op|pre&s;&s;ed with nothing more then the pre&s;s, every one &s;triving to di&s;til the dewy qu int|e&s;&s;ence of his brain through the <HI>Limbeck</HI> of invention; &s;o among&s;t the re&s;t I have not altogether &s;eque&s;terd my &s;elfe: for when I had employment, they were my vacancies to re&s;t, when I was infected with vice-nou|ri&s;hing idlene&s;&s;e, they were my employ|ments.</P>
<P>I a&s;&s;ume not upon me to write any <HI>Enco|mium's</HI> upon the Book, it belongs not to me; but now it is abroad, mu&s;t totally be &s;ub|mitted to your judgment and cen&s;ure. And I know it mu&s;t be the worth of a book, and not the wyre-drawn flouri&s;hes of an ob&s;e|quious
<PB REF="6">
Epi&s;tle that cau&s;eth your approbati|on, &s;o that this mu&s;t &s;tand or fall by the weight or levity you &s;hall finde in it.</P>
<P>Now as this Tract is chiefly intended for the commodity of the <HI>Countrey,</HI> and as it is their &s;ole object to place their invectives point-blanck again&s;t <HI>Law</HI> and <HI>Lawyers,</HI> and if I vindicate them, I &s;hall rather &s;eem to de|tract from, then add to, their <HI>fame,</HI> it ha|ving been the &s;ole &s;ubject of many learned <HI>pens;</HI> yet I hope it's no pre&s;umption, if I add one <HI>Lawrel</HI> more to the learned's <HI>Crown:</HI> The <HI>Lawes</HI> con&s;tituted by learned men, an|tiquity own'd &amp; receiv'd as from the com|mand of the gods, accounting onely tho&s;e men fit to conver&s;e with the gods; Thus <HI>Minos</HI> the <HI>Cretan</HI> is &s;aid to conver&s;e with <HI>Jupiter,</HI> and in his pre&s;ence to compile tho&s;e <HI>Laws</HI> he after gave to the people; and <HI>Lycur|gus</HI> the <HI>Lacaedemonian,</HI> to have command from the <HI>Oracle</HI> at <HI>Delphos;</HI> and <HI>Numa</HI> to con&s;ult with the Godde&s;s <HI>Aegeria,</HI> that the Lawes might be more cordially admitted
<PB REF="7">
and obeyd as made by the gods them&s;elves. Nay, in a kind, by a civil <HI>non ob&s;tante,</HI> excep|ting them (&s;o learned) from being obliged by <HI>Law,</HI> as other men of le&s;s magnitude were; as appears in that carriage of <HI>Archi|tas</HI> the <HI>Pythagorean</HI> his Citizens to him, whom they would choo&s;e &s;even times their head Governor, though the Law prohibit|ed any other that office and honour above a year. Have a retro-&s;pect to the <HI>Journals of Antiquity,</HI> view the <HI>Diaries of time,</HI> and you &s;hal find men learned in the <HI>Lawes,</HI> noble advantages to their <HI>Countrey,</HI> their <HI>Champions</HI> to defend them, their <HI>Oracles</HI> to advi&s;e them, and their <HI>Orators</HI> to plead for them.</P>
<P>And now, as to the <HI>Laws</HI> them&s;elves, which may be truly term'd the Walls and Palizadoes of Governments and <HI>Nations;</HI> yea, the &s;tronge&s;t &s;inews of humane &s;ociety; for, take away the potency of <HI>Laws,</HI> &amp; who is it that can &s;ay, This is mine, or that he is within the <HI>Bulworks</HI> of incolumity? accor|ding to that eloquent <HI>Aphori&s;m</HI> of <HI>Demosthe|nes</HI>
<PB REF="7">
<GAP DESC="foreign">. <HI>Leges e&s;&s;e animam civitatis, ut etiam corpus cum anima orbatum est, concidit: Ita &amp; civitas &s;i|ne legibus con&s;i&s;tere non pote&s;t:</HI> So the true end of all Laws is to ordain, and &s;ettle in order and government among&s;t us, the juri&s;dicti|on whereof we are rather obliged to obey, then di&s;pute. Though <HI>Thales</HI> compared laws to &s;piders webs; But &s;uch are ever to be &s;pun in a corrupt <HI>state;</HI> ours are <GAP DESC="foreign">, <HI>&s;peaking laws,</HI> that dare tax a Delin|quent be he never &s;o potent; For the <HI>Law</HI> is grounded upon the <HI>rules</HI> &amp; <HI>axioms</HI> of <HI>rea&s;on,</HI> &amp; therefore have an ingeminate denomina|tion: the ab&s;ence of the one is the deformi|ty of the other, being in a kind <HI>convertibilia,</HI> and in&s;eparable. That common <HI>Rea&s;on</HI> we have ingraffed in our natures, is a law, di|recting what we are to do, prohibiting the contrary, according to that of <HI>Cicero, Eadem ratio cum est in hominis mente confirmata et con|fecta lex est.</HI> For <HI>Law</HI> is nothing but rea&s;on
<PB REF="8">
<GAP DESC="duplicate" EXTENT="1 page">
<PB REF="8">
<GAP DESC="duplicate" EXTENT="1 page">
<PB REF="9">
dilated and applied upon &s;everal occa&s;ions and accidents: The comprehen&s;ion of rea|&s;on is of publick enormities and nece&s;&s;ities, for which they be &s;everally at &s;everal times con&s;tituted, being infinite: &s;o that the di&s;|ea&s;e in our knowledg many times hath the priority of the remedy. And thus the reve|rence and duty we owe to <HI>lawes,</HI> is nothing el&s;e but obedience to <HI>rea&s;on,</HI> which is the be|getter, correcter &amp; pre&s;erver of the very <HI>laws</HI> them&s;elves. Tho&s;e therefore who will not obey them, are more propinque to the na|ture of <HI>bruits</HI> and <HI>&s;alvages,</HI> then men indued withrea&s;on. It is <HI>law</HI> &amp; <HI>rea&s;on</HI> that do knit the true <HI>Gordian knot,</HI> that binds and ce|ments us to unity and peace among&s;t our &s;elves, and di&s;&s;ipateth all &s;uch violent and illegal cour&s;es, as otherwi&s;e unbridled li|berty would in&s;inuate, pre&s;erving every man in his right, and preventing others, who if they thought their actions might pa&s;&s;e with impunity, would not mea&s;ure their cour&s;e by the rule of <HI>Aequum &amp; Ju|stum,</HI>
<PB REF="9">
but by the &s;quare of their private commodity and affections; and &s;o being not circum&s;cribed within rea&s;onable Bounds or Land-marks, their rea&s;on be|comes invi&s;ible; whereas when they finde that <HI>Justice</HI> hath a predominant power, they are deterred from proceeding in tho&s;e Acts, that otherwi&s;e their owne wills and inclinations would give them leave to ef|fect. And the&s;e were the cau&s;es that prompted <HI>prudent Antiquity</HI> to in&s;titute the&s;e Courts of Judicature in each <HI>County,</HI> and their &s;everall Precincts, and likewi&s;e was the cau&s;e in&s;tigated me to compile this <HI>Mi&s;cellanie</HI> of Courts, which in it &s;elfe is methodical, facile and per&s;picuous, to benefit the meane&s;t capacity, yet &s;atisfie the highe&s;t. I have now nothing more but to Apologize with <HI>I&s;ocrates,</HI> who with this rule prepares me to endure the &s;uperci|lious cen&s;ures &amp; various opinions of men. <GAP DESC="foreign"> And that I hope your candid ingenuities
<PB REF="10">
<HI>(Juvenili mea aetate con&s;iderata)</HI> will pro|mi&s;e me your connivance at tho&s;e <HI>Errors</HI> that &s;hall occur, and that you will <HI>(mi|ti&s;simo a&s;pectu)</HI> &s;mile upon this <HI>Cradle brat,</HI> who&s;e little de&s;ert, though it cannot ex|pect the peru&s;all, yet its humility in pro|&s;trating it &s;elfe before you, may merit your acceptance, whereby he &s;hall be en|couraged to higher de&s;igns, who&s;e highe&s;t ambition is to be</P>
<CLOSER><SIGNED>Your friend to &s;erve you,
W. G.</SIGNED>
<DATELINE>From Furnivals Inne, <DATE><HI>April</HI> 20. 1659.</DATE></DATELINE></CLOSER>
</DIV1>
<DIV1 TYPE="encomium">
<PB REF="10">
<HEAD>Ad amicum eruditi&s;simum <HI>G. Greenwood</HI> in <GAP DESC="foreign"> &s;uum <GAP DESC="foreign">.</HEAD>
<P><HI>_D&V;m &s;tupendam ingenii tui foecun|ditatem, lanugino&s;a conclu&s;am a|tate, &s;u&s;picio, in mentem &s;ubit, imberbem Apollinem in te &s;uum transfudi&s;&s;e genium, ut testaretur tibi mi|nus pili, quam eruditionis accrevi&s;&s;e. Mi|nerva non multo pridem, &egrave; Ioviali tuo cere|bro prodiens, Affectus amoris titulo vulgo in&s;ignita, inventionem ovantem plane o|stendit; luxuriantis calami veneres dulce&s;|centes &s;uas exhibent pulchritudines, nec formo&s;a facetiarum ro&s;a caret Aculeis, la&s;ci|vientes digitos &s;timulantibus. In de&s;udato hoc</HI> <GAP DESC="foreign"> <HI>tuo limatum triumphat judici|um, antiqui&s;&s;imarum Curiarum leges, &amp; methodos &agrave; prudenti&s;&s;imis &s;ui aevi inventas &amp; excogitatas, ad immen&s;um decus, elucu|bra&s;ti: quae tenebrico&s;ae vetu&s;tatis ruderibus jacebant occulta, in lucem dedi&s;ti: Magis familiaria, &s;ive indige&s;ta, &s;eu di&s;&s;eminata,
<PB REF="11">
politiori di&s;po&s;ui&s;ti ordine, &amp; in unum ve|lut perfectionis corpus conge&s;&s;i&s;ti. In debitum hujus libri non excurram elogium; quaelibet pagina &s;uis turget laudibus, tuamque ultra Herculis Columnas diffundit famam. Magni futuri nominis eximia &s;unt haec praeludia; nec de expectatione, tantis &s;uffulta &s;pecimi|nibus, dubitandum foelici&s;&s;imam cerebri tui ubertatem largiori rivo in publicas utilitates manaturam; ego interim, impo&s;itis ori di|gitis, &s;ilebo, &amp; mirabor,</HI></P>
<CLOSER><SIGNED>Tui amanti&s;&s;imus J. P.</SIGNED></CLOSER>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="text">
<DIV2 TYPE="part">
<PB REF="11">
<PB REF="12">
<HEAD>THE COUNTY-COURT.</HEAD>
<PB N="1" REF="12">
<DIV3 TYPE="section">
<HEAD>OF THE ORIGINALL OF Shires, Sheriffs, and the fir&s;t in&s;titution of this COURT.</HEAD>
<P>_BEFORE we anatomi&s;e the practice of this Court, we thought it convenient to deduce it from its Originall or Pro|totype, <HI>Quia origo rerum attendenda<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">:</HI> And fir&s;t of the Shire.</P>
<P>Shire is a Saxon word <HI>scyra,</HI> and hath its etymology from <HI>shiran, (id e&s;t) partiri,</HI> to divide, as Mr. <HI>Lambert</HI> &s;aith in his explication of Saxon words, <HI>Verb. Centur.</HI> And Mr. <HI>Cambden</HI> in his Britania reporteth, that <HI>Alfred</HI> (a Saxon) King of England, was the fir&s;t that divided this Common wealth into Shires, tho&s;e Shires into Ridings, and tho&s;e Ridings into Wea|pentakes or Hundreds, <HI>&amp;c.</HI> Likewi&s;e as Sir <HI>Henry Spel|man</HI> in his Glo&s;&s;arie &s;aith, <HI>Sunt qui Comitatum di&s;tinct o|nes &s;ub Berengariis &amp; Othonibus, vel &s;ub Carolo magno, apud exteros accidi&s;&s;e opinautur; quod de plurimis forte verum fue|rit,
<PB N="2" REF="13">
nounullae autem antiquius deprehenduntur. Rem apud nos per&s;picuam facit Ingulphus, &s;i &s;ane fides. Rex (Alfridus alias Aluredus &amp; Aethelfridus, qui regnum iniit Anne 871) totius (inquit) Angliae pagos &amp; provincias in Co|mitatus, primus omnium commutavit, Comitatus in centurias &amp; hundredas, &amp; in decennas (id e&s;t) tithingas divi&s;it.</HI> Which &s;trenous authorities, are &s;ufficiently valid to prove the originall of Shires and their divi&s;ions.</P>
<P>The Republick being thus di&s;united or di&s;&s;ected into Shires, every Shire is intirely governed by one Officer called a Sheriffe, or Shire-reeve, <HI>Vicecomes,</HI> compounded of the&s;e two Saxon words <HI>scyr viz. Satrapia,</HI> a Shire, and <HI>reue, viz. Praefectus,</HI> a Governour of the Shire, Mr. <HI>Cambden</HI> thus de&s;cribes his Office: <HI>Singulis vero an|nis, nobilis aliquis ex incolis proficitur, quem Vicecomitem qua&s;i vicarium comitis &amp; no&s;tra lingua</HI> Sheriff, <HI>viz. Co|mitatus praepo&s;itum vocamus: qui etiam comitatus, vel pro|vinciae Quae&s;tor recte dici pote&s;t.</HI> But in <HI>Seldeni Jani fol. 53. &amp;</HI> 54. you have two Governours of the Shire a&s;&s;ign|ed; where he &s;aith, <HI>Praefectus provinciarum qui antea vice|domini (ad Ingulphum rever&s;us e&s;t Aluredum) in duo of|ficia divi&s;it. 1. in Judices quos nunc ju&s;ticiarios vocamus, &amp; in Vicecomites, qui ad huc idem nomen retinent. Face&s;sat ergo Polidoras urbinas, qui primos a Normanno petit Vicecomites,</HI> which we now call <HI>Vicount a Vice-comite,</HI> which cometh from our Conquerors the Normans, as Sheriffe from our Ance&s;tors the Saxons. Al&s;o Sir <HI>Henry Spelman</HI> in his Glo&s;&s;arie &s;aith, <HI>Quinem autem tunc e&s;&s;ent magi&s;tratus quos Ingulphus hic vocat</HI> Ju&s;ticiarios &amp; Vicecomites; <HI>non pl&agrave;|ne a&s;&s;equor. Reor, Aldermanni provinciarum, &amp; Grevii; Saxonice, Ealdormen &amp; gerefas. De Grevii</HI> (&s;aith he) <HI>tamen munere nec habeo definitum: di&s;crepare enim vi|detur</HI> a Vicecomite, <HI>quod hic tum adhuc comitis e&s;set vi|carius ille regis officialis, unde in Anglo-Saxonum legibus: atque ip&s;ius Aluredi; Cyninger gere&thorn;an, id e&s;t, Grevius regis, vel (ut Latine &s;ae<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ius reditur) Praepo&s;itus regis appellatus e&s;t.</HI> And that he is Governour of the Coun|ty, the words of his Patent import as much, <HI>viz. Commi&s;|&s;imus tibi cu&s;todiam comitatus.</HI> So that he is an Officer of great antiquity, tru&s;t, and authority, having (formerly from the King, as now) from his Highne&s;&s;e the Lord
<PB N="3" REF="13">
Protector, the cu&s;tody, tuition, and command of the whole County, <HI>Co. l. 4. 33. Mittons ca&s;e.</HI></P>
<P>The afore&s;ayd <HI>Alfred</HI> at the divi&s;ion of the Kingdome into Shires or Counties, in&s;tituted this Court called the County Court, and e&s;tabli&s;hed Juri&s;diction in it; grant|ing power and authority to the Sheriffe to heare and de|termine &s;uch matters as by ju&s;t cau&s;e of appellation (ei|ther for Law or Equity) &s;hould be brought unto him. This Court (as it is recorded by Mr. <HI>Selden</HI> in his Trea|ti&s;e of Tythes) was joyntly exerci&s;ed by the Bi&s;hop of the Dioce&s;&s;e, and by the Sheriffe or Alderman of the <HI>&s;ciregemot,</HI> or Hundred, or County Court, where the one &s;ate to give <HI>Godes fight,</HI> the other for <HI>puruldre right,</HI> that is, the one to judge according to the Lawes of the Kingdome, the other to direct accor|ding to Divinity. And Sir <HI>Henry Spelman</HI> in his Glo&s;&s;ary &s;aith, <HI>Comitatum &s;imul regebant, pariterque in foro con&s;iden|tes, judicia publica exercebant: hic &s;ecundum jus humanum, ille vero divinum, LL. Canuti MS. ca. 44. Habeatur ter in anno Burge&s;motus (i. Civitatis conventus) &amp; Schire&s;mo|tus (i. pagi, vel comitatus conventus) bis ni&s;i Saepius opus &s;it: &amp; inter&s;it Epi&s;copus, &amp; Aldermannus, &amp; doceat ibi Dei rectum &amp; &s;eculi: uterque &s;cil. Pro &s;uo munere. Idem Ladgari, LL. ca. 5. &s;ed pro Aldermannus, illic comes extat (ut &s;upra demon&s;travimus) &amp; utrumque recte. Nam in co|mitatu &s;imus con&s;idi&s;&s;e reor, Comittem relpub. partes tueretur; Epi&s;copum, qui Eccle&s;iae; &amp; Aldermannum, qui Legem diceret &amp; exponeret.</HI> But at the Norman Conque&s;t, this kinde of holding Eccle&s;ia&s;ticall Pleas in the Hundred of County Court was taken away, as may appeare by this Mandate of <HI>William</HI> the Conqueror, recorded in <HI>Seld. Jani. lib. 2. fol. 76. Willielmus Dei gratia Rex Anglorum, Comitibus Vicecomitibus, &amp; omnibus Francigenis, &amp; Anglis qui in Epi&s;copatu Remigii terras habent &s;alutem. Sciatis vos omnes &amp; caeteri mei fideles, qui in Anglia manent, quod Epi&s;copa|les leges, quae non bene, nec &s;ecundum &s;anctorum Canonum praecepta, u&s;que ad mea tempora in regno Anglorum fuerunt, communi con&s;ilio Archiep. meorum, &amp; caeterorum Epi&s;copo|rum, &amp; Abatum, &amp; omnium principum, Regni mei e|mendandas judicavi. Propterea mando, &amp; regia authoritate praecipio, ut nullus Epi&s;copus vel Archidiaconus de legibus
<PB N="4" REF="14">
Epi&s;copalibus amplius in hundredo placita teneat, nec cau&s;am, quae ad regimen animarum pertinet, ad judicium &s;ecularium hominum adducant, &s;ed quicunque &s;ecundum Epi&s;copales leges, de quacunque cau&s;a, vel culpa interpellatus fuerit, ad locum, quem ad hoc Epi&s;copus elegerit &amp; nominaverit, veniat, ibique de cau&s;a &s;ua re&s;pondeat &amp; non &s;ecundum hundredum, &s;ed &s;e|cundum Canones &amp; Epi&s;copales leges, rectum Deo &amp; Epi&s;|copo &s;uo faciat.</HI></P>
<P><NOTE PLACE="marg">Lambert. arch. </NOTE>All actions what&s;oever were brought in this Court be|fore the Sheriff, as it is reported by Mr. <HI>Lambert</HI> in his <HI>Archeion</HI> in that particle of the Lawes of <HI>Edgar</HI> to our matter in hand, <HI>Viz. Let no man &s;eeke to the King in matter of variance, unle&s;&s;e he cannot finde right at home: But if it be too heavy for him, then let him &s;eeke to the King to have it lightned.</HI> The very like whereof in effect is to be &s;eene in the Lawes of <HI>Canutus</HI> the Dane, &s;ometimes King of this Realme; out of which Lawes may be collected foure things.</P>
<P>Fir&s;t, That every man had meanes, and was authori|zed to &s;ue and commence their Actions in this Court, in their owne Shire or County.</P>
<P>Secondly, That no man ought to &s;ue out of the Coun|ty, or to remove or draw his plea from thence without good cau&s;e; both which things do plainely appear in the letter of this Law.</P>
<P>Thirdly, That the King him&s;elf had a high Court of Ju|&s;tice, wherein it &s;eemeth that he &s;ate in per&s;on; as the&s;e words do demon&s;trate, <HI>Let him not &s;eek to the King, &amp;c.</HI></P>
<P>And la&s;tly, That the &s;ame Court of the Kings did judge not onely according to meer right and Law, but al&s;o after equity and good con&s;cience. And after this order, and in the&s;e two Courts, was all Ju&s;tice admini|&s;tred. This Court continuing (untill the time of <HI>William</HI> the Conqueror, and ever &s;ince during the times and raignes of the ancient Kings) and doth yet continue (in manner) the &s;ame forme and &s;ub&s;tance that it then was (and will doe in de&s;pite of tho&s;e <HI>Sycophants,</HI> that have had their <HI>Primum mobile</HI> from it, and now endeavour its &s;ubver&s;ion; that Viperous brood of Birds, that have &s;o much defiled their owne Ne&s;t, that the whole Coun|trey laughs at their folly) and that the pleas ought no more to be taken from it now in our dayes (without
<PB N="5" REF="14">
cau&s;e) than they ought then to have been; which may evidently be proved by tho&s;e ancient Writs of <HI>Pone, Re|cordare, Writ of fal&s;e Judgment,</HI> and <HI>Accedeas ad curiam,</HI> which are yet in u&s;e to this day, and to this onely end to remove &s;uits (upon cau&s;e) out of this Court into &s;u|perior Courts. But becau&s;e this requireth great &s;earch of Records to make any further progre&s;&s;ion (whereunto I have no acce&s;&s;e) I mu&s;t leave it to &s;uch, who&s;e abilities are more &s;trenuous to travell in that &s;o intricate a path.</P>
<P><NOTE PLACE="marg">This Court no Court of Record. </NOTE>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 <NOTE N="*" PLACE="marg">Hengham f. 8. cap. 2. placita vero de furtis, melletis, hute&s;io pla|gis, verbe|ribus, tran&s;|gre&s;sionibus ubi non agitur de pace domini Regis fracta, ad Vicecomites pertinent au|dienda &amp; determinanda. <HI>See</HI> Seldens <HI>Notes upon it,</HI> f 135, 136, 137, 138, 139, &amp; 140. <HI>Likewi&s;e Sir</HI> Henry Spelmans Glo&s;&s;arie, fol. 18. &amp; 438. LL. Edovar. Confe&s;&s;. cap. 12. Chimini vero minores de Civitate ad Civi|tatem ducentes, &amp; de burgis ad burgos, per quos mercata vehuntur, &amp; caetera negotia fiunt, &s;ub lege Comitatus &s;unt, &amp;c.</NOTE> <HI>Glanvile, lib. 1. cap.</HI> 23. 4. by <HI>Bracton</HI> and <HI>Britton</HI> in diver&s;e places, and by <HI>Fleta, lib. 2. cap.</HI> 62. but it was abridged by the Statute of <HI>Magna Charta, cap.</HI> 17. and much more by 1 <HI>E. 4. cap. unico.)</HI> therefore pleas holden in this Court by Plaint, nor pleas holden by <HI>Writ of Ju&s;ticies,</HI> are not taken as mat|ters of Record, for tho&s;e pleas are holden by rea&s;on of the Court which the Sheriff holdeth by rea&s;on of his Office.</P>
<P><NOTE PLACE="marg">Why in&s;ti|tuted. </NOTE>This Court (as <HI>Dalton</HI> reporteth in his Office of She|riffs) was ordained for the Sheriff to hold Pleas there for particular or private matters (under forty &s;hillings) between party and party.</P>
<P><NOTE PLACE="marg">The time when it is to be holden </NOTE>It is now, as it was alwaies, holden once every moneth, upon a day certaine, the moneth being computed accor|ding to twenty eight dayes in the moneth, and not accor|ding to the Kallander, 9 <HI>H 3. c. 35. 2 E. 6. c</HI> 25.</P>
<P><NOTE PLACE="marg">Co. In&s;t. 4. cap. 55. </NOTE>It holdeth no plea of debt or damages to the value of forty &s;hillings or above, becau&s;e a Fine is due thereby to the <HI>Lord Protector,</HI> yet if the debt be forty &s;hillings or above, and the Plaintiff will acknowledge in his Decla|ration the receit of &s;o much as to bring it within forty &s;hillings, in this ca&s;e the plaint is good. But if the debt
<PB N="6" REF="15">
be above forty &s;hillings, as five pounds, the Plaintiff cannot divide this into five &s;everall actions to make this Court hold plea of it, for in this ca&s;e the Defendant may wage his Law.</P>
<P>And of Debt, Detinue, Tre&s;pa&s;&s;e, and other actions per&s;onall above forty &s;hillings, the Sheriff may hold plea by force of a Writ of <HI>Ju&s;ticies</HI> to him directed, for that is in nature of a <HI>Commi&s;sion</HI> 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 &s;hall be pronounced by the Sheriff.</P>
<P><NOTE PLACE="marg">Where to be kept. St. anno. 2 E. 6. cap. 25. Stat. 15 H. 7. cap. 24. 33 H. 8. c. 26. </NOTE>This Court may be kept at any place within the Coun|ty at the plea&s;ure of the Sheriff, but not out of it. Yet the Sheriff of <HI>Northumberland</HI> (by the Statute) is to keep his County Court in the Towne or Ca&s;tle of <HI>Alnewicke,</HI> and in no other place. The Sheriff of <HI>Su&s;sex</HI> (by the Statute) is to hold his County Court one time at <HI>Che&s;ter,</HI> and the other time at the Burrough of <HI>Lewes,</HI> and &s;o to be kept <HI>alternis vicibus</HI> for ever: And al&s;o the Sheriff of the County of <HI>Che&s;ter</HI> is to keep his County Court in the Shire Hall of the &s;ayd County, <HI>Daltons Office of Sheriffs, fol. 157. &amp;</HI> 158.</P>
<P>To this Court all per&s;ons dwelling within the County, owe &s;uit by rea&s;on of their re&s;iance.</P>
<P><NOTE PLACE="marg">No Fine. </NOTE>No Fine can be impo&s;ed in this Court upon any offen|dor, becau&s;e it is no Court of Record, <HI>Co. 8. 41. &amp; 60. &amp; 11. 43. Fitz. 73. d.</HI></P>
<P><NOTE PLACE="marg">Amerce|ment. What acti|ons will not lye in this Court. </NOTE>But a man may be amerced for a contempt, or a di&s;tur|bance of the Court, in the pre&s;ence of the Court.</P>
<P>This Court will entertaine no &s;uits for Charters of Land, or for Inheritance, or for Freehold of Land, or any titles of Land, or to make &s;everall plaints upon one entire debt by Bond, or <HI>Tre&s;pa&s;&s;e Vi &amp; armis,</HI> or actions touching life, nor actions to compell one to render an account.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The Office of the County Clarke.</HEAD>
<P>THe Sheriff being elected, which is done yearly in the morrow after All &s;oules, in the Exchequer Chamber, by the Statutes, 9. <HI>E.</HI> 2. &amp; 14 <HI>E. 3. cap.</HI> 7. And his Letters
<PB N="7" REF="15">
Patents do commonly beare date the &s;ixth day of Novem|ber, 1 2 <HI>E.</HI> 4. e. 1. unle&s;&s;e it be in ca&s;es of nece&s;&s;ity, that the Court is &s;orced to adjourne it, <HI>Crook fol.</HI> 595. (before the next County day after his election, and di&s;charge of the old Sheriff) he ought to be very diligent in deputing and con&s;tituting a County Clarke, &s;uch a one as is &s;uffi|cient and able to keep the Court, that no corrupt dealing be in it, as he will an&s;wer the contrary: and that he be very skilfull in entring the proceedings in it.</P>
<P>He ought to be endued with the&s;e qualities, according to the de&s;cription of <HI>Fleta, Provideat &s;ibi Vice com' de Clerico circum&s;pecto, &amp; fideli, viro provido, &amp; di&s;creto, &amp; gratio&s;o, humili, pudico, pacifico, &amp; mode&s;to, qui in legibus con&s;uetudinibu&s;que provinciae; &amp; officio Commit' Cleric' &s;e cogno&s;cat, &amp; jura in omnibus teneri affectei, quique &s;ub-ba|livos in &s;uis erroribus &amp; ambiguis &s;ciat in&s;truere &amp; docere, &amp;c.</HI> Which is thus Paraphra&s;ed, That a County Clarke ought to be endued and qualified with circum&s;pection, fidelity, providence, humility, peace, and mode&s;ty; and mu&s;t know him&s;elfe (or be expert) in the Lawes and cu&s;tomes of the Countrey, and to have ability to in&s;truct or direct the Bailiffs or other Mini&s;ters in dubious things wherein they may erre. He mu&s;t neither be attracted by price nor lucratory corruption, nor any &s;ini&s;ter affection to wander out of the way of right. <HI>Qui nec</HI> (as <HI>Bracton</HI> advi&s;eth) <HI>ad dextram nec ad &s;ini&s;tram, vel propter pro&s;pe|ritatem terrenam, vel adver&s;itatis metum &agrave; tramite ju&s;ticiae declinet.</HI></P>
<P>The Sheriff (and not the Protector) hath power to delegate this Office to whom he plea&s;eth, as it appears in <HI>Myttons</HI> ca&s;e in the fourth Reports; where Queen <HI>Elizabeth</HI> by Letters Patents did grant the Office of Clark&s;hip of the County Court of <HI>Somer&s;et</HI> to <HI>Mytton,</HI> with all Fees, <HI>&amp;c.</HI> for life. <HI>Arthur Hopton</HI> E&s;quire, Sheriff of the &s;ame Shire inter|rupted him, becau&s;e it was incident to his Office. <HI>Mitton</HI> complained to the Lords of the Councell, and was referred to the two chiefe Ju&s;tices, <HI>Wray</HI> and <HI>Ander&s;on;</HI> and after many arguments concerning the validity of that Grant, and conference had with all the other Ju&s;tices, It was re&s;olved by all the Ju&s;tices, <HI>Nullo contradicente aut reluctan|te,</HI> that the &s;ayd Letters Patents were voyd; and their rea&s;ons were, That the Office of Sheriff was an ancient
<PB N="8" REF="16">
Office before the Conque&s;t; and of great tru&s;t and au|thority, for the King committeth unto him <HI>Cu&s;todium Comitatus:</HI> And although the King may determine the Office <HI>ad beneplacitum,</HI> 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 &s;o without any fraction, or diminu|tion, (unle&s;&s;e by Parliament) and the County Court, and the entring of all Proceedings therein, are incident to the Sheriffs Office, <HI>&amp;c.</HI> And though it was granted when the Office of Sheriff was void, yet the new Sheriff &s;hall avoid it; as <HI>Scroges</HI> ca&s;e, in the time of Vacation in the Office of Chief Ju&s;tice of the Common Bench, Queen <HI>Mary</HI> granted the Office of the <HI>Exigenter</HI> of <HI>London,</HI> re&s;ol|ved, that the next chief Ju&s;tice &s;hall avoid it, for it was in|cident to his Office Al&s;o in all Writs directed to the Sheriff concerning the County Court, the King &s;ayes, <HI>in comitatu tuo,</HI> and in return of <HI>Exigents</HI> made by him, he &s;ayes, <HI>ad comitatum meum tent. &amp;c.</HI> and the &s;tile of the Court proves it, and by the Statute of 33 <HI>H. 8. the She|riff of Denbigh &s;hall keep his Shire Court at, &amp;c.</HI> In a fal&s;e Judgment it is &s;aid, <HI>in pleno com. tuo recordari facias, &amp;c.</HI> and in a Precept of <HI>Tolt,</HI> it is &s;aid <HI>&s;ummoneas,</HI> &amp;c. <HI>quod &s;it ad comitatum meum,</HI> and it &s;hould be very inconvenient that another &s;hould have the cu&s;tody of the Enteries, and Rolls of Court, which may be imbezzelled, and the She|riff re&s;pon&s;ible for them. And it was re&s;olved that the cu&s;tody of all the Goales within every County appertains to the Sheriff by right, and are annexed and incident by Law to the Sheriffs Office, <HI>vide an. 14 E. 3. cap.</HI> 10.</P>
<P>But note, that his late Highne&s;&s;e, in the year 1653. granted the Office of Clark-&s;hip for the County of <HI>York</HI> to one Ma&s;ter <HI>R. H.</HI> though di&s;&s;onant to common Law, yet con&s;entaneous to a gladiatorie power, like tho&s;e in <HI>Livie, in armis jus ferre, &amp; omnia fortium virorum e&s;se,</HI> that all Lawes are engraven on the hilt of a victorious Sword, to who&s;e <HI>Mandamus</HI> both Statute and common Law mu&s;t &s;ubmit.</P>
<P>He cannot execute the Office of a County Clark, and practice as an Attorny, both at one time, it being prohi|bited by the Statute of 1 <HI>H.</HI> 5. 4. being a cau&s;e of en|crea&s;ing Suits, and a hinderance in di&s;patch of Clyents cau&s;es.</P>
<P><PB N="9" REF="16">
He cannot act any thing without the a&s;&s;ent of the Suit|ors; if he do an Action of Tre&s;pa&s;&s;e lyeth again&s;t the Sheriff.</P>
<P>He mu&s;t be carefull in deputing hone&s;t, able and &s;uffi|cient men, as Bayliffs, for the executing of the Precepts i&s;&s;uing out of the Court.</P>
<P>He ought to enter no Plaints (except in ca&s;e of Re|plevins) out of Court, but in full County <HI>(&s;edente cu|ria)</HI> yet the ca&s;e is otherwi&s;e at this day, and (as it &s;eems) good enough verifying the Diverbe, <HI>communis error facit jus.</HI></P>
<P>He mu&s;t make &s;ufficient Precepts after the Plaints en|tred (but not before) again&s;t the Defendants directed to his Bayliffs, to attach or warn the Defendants to appear at the next County Court, and an&s;wer the Plaintiff.</P>
<P>The County Clark and Plaintiff upon complaint of the party grieved, may be examined by one Ju&s;tice of Peace concerning the taking or entring of Plaints in the Coun|ty Court, and book, again&s;t the Statute: If thereby the Ju&s;tice find any fault or offence committed, that &s;hall &s;tand for a &s;ufficient conviction and attainder without any further inquirie or examination. And the &s;aid Ju|&s;tice mu&s;t certifie the examination, within a quarter of a year into the Exchequer by the Statute of 11 <HI>H. 7. cap.</HI> 15.</P>
<P>If a <HI>Writ of di&s;charge</HI> of the ancient Sheriff be delivered to the County Clark, &s;itting in the County Court, the authority of the &s;aid Sheriff (although ab&s;ent) &s;hall pre|&s;ently cea&s;e.</P>
<P>At the adjourning of every Court, he mu&s;t appoint a day certain for the next Court, to the intent the Coun|try may know at what time they may re&s;ort thither to hear the <HI>Lord Protectors Writs of Exigent and Proclamations</HI> read.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The Office of a Coroner in this Court.</HEAD>
<P>A Coroner is one of the principall Officers of this Court, being cho&s;en in it (by a Writ <HI>de Coronatore elegendo,</HI> directed to the Sheriff) by the Freeholders or Suitors in open and full Court, and is publi&s;hed there, and after the Sheriff is to returne and certifie into the Chancery the election of every &s;uch <HI>Coroner</HI> and their
<PB N="10" REF="17">
names; likewi&s;e the County Clark in Court mu&s;t admi|ni&s;ter to the Coroner his oath for the due execution of his Office.</P>
<P>The Coroner being thus elected and &s;worn, he is to &s;it there with the Sheriff every County Court, to give Judg|ment upon Outlawries, which Judgment &s;hall be given and pronounced by him in the fifth County, and there the Sheriff is to returne the <HI>Outlawry</HI> with the <HI>Exigent:</HI> But by this Judgment no goods are forfeited before the Out|lawry appear upon Record: neither &s;hall &s;uch an Out|lawry di&s;able the party.</P>
<P><NOTE PLACE="marg">Exigents and Procla|mations to be proclai|med five County dayes. </NOTE><HI>Exigents</HI> and <HI>Proclamations</HI> are to be proclaimed five County dayes one after another, and once in the open Se&s;&s;ions, and once at the Pari&s;h Church doore, where he doth or did lately dwell, that he appear, or el&s;e that he &s;hall be outlawed. And if Proclamation be made five County dayes, and at the fifth County day the Defendant appear not, then the Coroner &s;hall give Judgment that he &s;hall be out of the Protection of the Lord Protector, and out of the ayd of the Law. <HI>F. N. B.</HI> 163. But before I conclude let me give you in brief, why a man is &s;aid to be outlawed, and a woman waived; <HI>viz.</HI> A man is &s;aid to <NOTE PLACE="marg">F. N. B. 163. idem. 395.</NOTE> be outlawed becau&s;e he was &s;worn to the Law: and now for his contumacy he is put from the Law, and &s;aid out|lawed, as it were <HI>extra legem po&s;itus,</HI> but a woman is not &s;o, but &s;he is waived, and not outlawed, becau&s;e &s;he was never &s;worn to the Law.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Of Attorneys in this Court.</HEAD>
<P>IT was once objected to me, that no Attorney could le|gally practice in this Court, and that every man ought to pro&s;ecute his own cau&s;e him&s;elf: Epitomie of the Sta|tute of <HI>We&s;tmin&s;ter 2. cap.</HI> 10. That every man which ow|eth Suit to the County Court may make a generall At|torny to pro&s;ecute and follow his Suits in all Pleas: And likewi&s;e in the Statute of <HI>Merton. cap. 10. Quod quilibet li|ber homo, qui &s;ectam debet ad Com. &amp;c. libere po&s;sit facere Atturn. &s;uum ad &s;ectas illas pro eo faciendas,</HI> 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 him&s;elf: he is <HI>aliorum negotiorum ge&s;tor;</HI> for, <HI>qui per alium facit, per
<PB N="11" REF="17">
&s;eip&s;um facere videtar:</HI> likewi&s;e, the&s;e Statutes following do in&s;titute Attorneys in the County Court, <HI>viz. 6 E. 1. cap. 8. 20 H. 3. cap. 10. &amp;c. F. N. B.</HI> 156. I could in|&s;tance many more, but I hope the&s;e are &s;ufficient to &s;top the black mouth of a &s;currilous Antagoni&s;t.</P>
<P>In their practice, they ought to be hone&s;t and ju&s;t, ac|cording to their office and oath, not exciting men to Suits, e&s;pecially &s;uch as are forrain, and illegall, nor for little offences, and &s;mall debts, nor voluntarily <HI>(argenti gratia)</HI> delay their Clyents, nor demand any &s;ums of mony for the pro&s;ecution of the Action otherwi&s;e then is allow|ed by the Court.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Of Bayliffs.</HEAD>
<P>A Bayliff is a Servant or Mini&s;ter of the Law, and by con&s;equence a Servant to the party, at who&s;e Suit he is to di&s;traine the goods of any one. Therefore he ought to be true, faithfull and vigilant in levying of Di&s;tre&s;&s;es, he ought not to be exoculated with common rurall bribes; (as too many of them are) His office is thus de&s;cribed by <HI>Fleta. Balivus e&s;&s;e debet in verbo verax, &amp; in opere diligens &amp; fidelis, ac pro di&s;erto appruatore cognitus, plegiatus &amp; clericus, qui de communioribus legibus pro tanto officio &s;ufficienter &s;e co|gno&s;cat, Et qui &s;it ita ju&s;tus; quod ob vindictam &s;eu cupiditatem non querat ver&s;us aliquos &amp;c.</HI> He is to be contented with his wages and fees allowed him, which are certain and known (and as I have de&s;cribed particularly) being u&s;ually paid, &amp; if he take more then he ought, or commit any error in the Execution of his Office contrary to the tenure of his Pre|cept, then is he to forfeit forty &s;hillings, and to be con|victed thereof, by the examinations of the Ju&s;tices of Peace or any of them, 14 <HI>E. 3. cap.</HI> 9. And the Sheriff ought not (by his oath) to have any Bayliff, but &s;uch as he will an&s;wer for, and &s;uch as be true and &s;ufficient men in the County, and make each Bayliff take an oath for the true execution of his office; but &s;uch things are now not taken notice of. And by the Statute of 27 <HI>Eliz. cap.</HI> no Bayliff, or other per&s;on ought to take a Di&s;tre&s;&s;e, nor to execute any Proce&s;&s;e untill he be &s;worn, but now com|mon experience, and practice at this day, bears te&s;timony to the contrary. <HI>Alfred,</HI> once King of <HI>England</HI> hanged
<PB N="12" REF="18">
Judge <HI>Arnold,</HI> for &s;aving a Bayliff from death, who had robbed the people by Di&s;tre&s;&s;e, and for extorting of Fees. If the like Law were executed upon &s;ome of our grand Malefactors, it would make the Remainder more hone&s;t.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>What Actions may be brought in this Court.</HEAD>
<P><NOTE PLACE="marg">Bract. l, 3. f. 98. Fleta l. 1. cap. 15. </NOTE>HAving precipitated my &s;elf thus far, before I enter up|on the Proceedings of the Court; I will demon&s;trate the grounds and cau&s;e of Proceedings, and that is, Actions, which is the form of a Suit, given by Law to recover a mans right: or, <HI>actio nihil aliud e&s;t quam jus pro&s;equendi in judicio quod &s;ibi debetur</HI> Therefore what Actions will hold in this Court, take as followes.</P>
<P>All Actions of debt, either upon an account made by the parties for wages after a hire; &s;ums of mony owing or due from one man to another, whether by writings or otherwi&s;e, it is grounded &s;ometimes by writing, as an Obligation, Bill, Covenant, or other e&s;pecialty: &s;ome|times without writing, as an Arbitrament, Rent, mony lent, Parol, Contracts, or the like.</P>
<P>All Actions of Detinue, Trover and Conver&s;ion, de|ceit upon a Warranty, a Delivery, Nu&s;ance, Ca&s;e for &s;candalous words, ca&s;e upon A&s;&s;ump&s;its, and other A|ctions of the ca&s;e, as for a Dog killing Cattell, abu&s;ing a Di&s;tre&s;&s;e, &s;poyling my Goods, <HI>&amp;c.</HI> Actions of Tre&s;pa&s;s, A&s;&s;ault and Battery, <HI>&amp;c.</HI></P>
<P>All the&s;e Actions would afford very much matter to treat of at large (but lea&s;t this Treati&s;e &s;hould &s;well be|yond its limits) I will refer you to the reading <HI>Fitzherberts Natura brevium,</HI> which doth learnedly treat of the nature of all Actions, that lye in any Court of Judicature.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Within what time Actions mu&s;t be brought.</HEAD>
<P><NOTE PLACE="marg">31 Eliz. cap. 5. </NOTE>ALL Actions of debt grounded upon any lending or contract, as Book-debt, without e&s;pecialty, and for Rents in arrear: all Actions of Tre&s;pa&s;&s;e, <HI>quare clau&s;um fregit,</HI> Actions of Tre&s;pa&s;&s;e, Trover, Detinue, and Reple|vin for taking away Goods and Chattels, Actions of ac|count, all Actions of the ca&s;e (except Actions for Slan|der) which &s;hall be &s;ued, mu&s;t be commenced and brought
<PB N="13" REF="18">
within &s;ix years after the cau&s;e of &s;uch Action or Suit accrued; if the Plaintiff be then of full age, di&s;covert, <HI>compos mentis,</HI> at Liberty, out of Pri&s;on and in <HI>England;</HI> otherwi&s;e within &s;uch time after he becomes &s;o, and not after.</P>
<P>All Actions of Tre&s;pa&s;&s;e for A&s;&s;ault, Menace, Battery, wounding and impri&s;onment, within four years after the cau&s;e of Action, and not after.</P>
<P>All Actions of the ca&s;e for &s;candalous words, within two years next after the words &s;poken, and not after.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Who may bring Actions, and who not.</HEAD>
<P>IDiots, mad men, or &s;uch as have <HI>lucida intervalla,</HI> &s;uch as are deaf and dumbe, or any other man, woman or child (except per&s;ons di&s;abled by Law) being wronged, may bring the proper Action appointed for remedy in that ca&s;e; and all, or any of the&s;e wronging others may be &s;ued. And if an Idiot &s;ue or be &s;ued, he mu&s;t doe it in per&s;on.</P>
<P>An Infant mu&s;t &s;ue by <HI>Prochein amy,</HI> and being &s;ued, mu&s;t defend by Guardian.</P>
<P>A Feme covert cannot &s;ue but with her Husband.</P>
<P>An outlawed per&s;on is di&s;abled to &s;ue any Action a|gain&s;t any man in any Court of Law or Equity (yet as Ex|ecutor he may &s;ue, becau&s;e it is not in his own right, but in tru&s;t for another) but any man may &s;ue him, by <HI>Coo. Sup. Litt.</HI> 128. A man that is attainted in a <HI>Praemunire,</HI> may not &s;ue in any Action, <HI>Idem.</HI> 129. And a man that is a convict recu&s;ant is di&s;abled, &s;o long as he &s;o con|tinues.</P>
<P>No Barretor can maintain any Action in this Court, nor have Judgment, unle&s;&s;e it be required by all the Suit|ors. <HI>We&s;t. 1. cap.</HI> 3.</P>
<P>But note, all the&s;e di&s;abilities remain during the con|tinuation of the &s;ame impediment.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Of Pledges in this Court.</HEAD>
<P>PLedges are ab&s;olute, except it be for Forrainers, or &s;uch as live out of the County, or out of the Juri&s;diction of the Court, or &s;uch as are unmarried, that have no goods di&s;trainable, and it is if the&s;e be Plaintiffs: but if the De|fendant
<PB N="14" REF="19">
&s;hould non-&s;uit the Plaintiff, and have Judgment again&s;t the Plaintiff and his Pledges. I never yet &s;aw the forme of the Judiciall Precept, that ever i&s;&s;ued out to levy the co&s;ts upon the Pledges goods.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Of the Proceedings in the Court.</HEAD>
<P>BEcau&s;e I would not have the Country, and young Practi&s;ers ignorant of the Proceedings in the Court, which is the life of practice; I thought it nece&s;&s;ary to make an Abridgment of the terms of Law now u&s;ed in the Proceedings. And fir&s;t of Appearance, becau&s;e it is the fir&s;t thing done after goods attached.</P>
<P><NOTE PLACE="marg">Appea|rance. </NOTE>The fir&s;t thing the Defendant in any Action or Suit is to do, is to appear, and &s;hew him&s;elf in per&s;on, or by an Attorny in the Court, to an&s;wer the Action, and defend the Suit.</P>
<P><NOTE PLACE="marg">E&s;&s;oyn. </NOTE>He may al&s;o appear by an E&s;&s;oin which is an excu&s;ation coming from the French word <HI>Exoine,</HI> it doth delay the cau&s;e a Court day longer; (the common E&s;&s;oin is <HI>de male vener)</HI> and if he do not appear the next Court, then it pa&s;&s;eth by default, Judgment entred, and Execution i&s;&s;ues out again&s;t his Goods and Chattels. But after the Defendant hath once appeared in the Court by an Attor|ny, there &s;hall be no E&s;&s;oin allowed.</P>
<P><NOTE PLACE="marg">Duc. tec. </NOTE>But if he appear neither by an Attorny, nor by E&s;&s;oin, then further Proce&s;&s;e i&s;&s;ues out again&s;t his Goods and Chattels, <HI>viz.</HI> The Precept of <HI>Duces tecum,</HI> and attach|ment, and Di&s;tre&s;&s;e upon attachment infinite, untill he do appear.</P>
<P><NOTE PLACE="marg">Declarati|on. </NOTE>After the Proce&s;&s;e executed, the next Court the Plain|tiff is to appear and file his Declaration, to &s;hew his cau&s;e of Action, or matter of complaint, in which mu&s;t be &s;hewn who complaineth, and again&s;t 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 conclu&s;ion he mu&s;t aver and profer to prove his Suit, and &s;hew the damage he hath &s;u&s;tained 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 <HI>E.</HI> 3. <NOTE PLACE="marg">Modo &amp; forma.</NOTE> <HI>cap.</HI> 15. A Declaration &s;hall be good, if it have mat|ter of &s;ub&s;tance, though the terms he not apt; how|ever
<PB N="15" REF="19">
to avoid doubts, and that the Attornies may not de|pend altogether upon uncertainties, let them be diligent in taking right and full in&s;tructions from their Clyents, and inform them&s;elves of every <HI>puntilio</HI> which may be materially incident to the ca&s;e, that &s;o they may know what manner of Action is mo&s;t proper to be brought on the behalf of their Clyents.</P>
<P><NOTE PLACE="marg">Nota. </NOTE>In &s;ome ca&s;es manner and form is chiefly to be looked at, but in other &s;ome not altogether &s;o materiall. As if an Action of debt be brought of the &s;ale of a Hor&s;e for five pounds (where the bargain was for two hor&s;es) the De|fendant 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 hor&s;es for five pounds, fo manner and form there is materiall, and parcell of the <NOTE PLACE="marg">Modo &amp; forma.</NOTE> charge; and &s;o it is in every ca&s;e, where the Action varies from the bargain or &s;peciall matter.</P>
<P><NOTE PLACE="marg">27 H. 8. fo. 29. </NOTE>But if an Action of the ca&s;e be brought by the Husband alone, upon an <HI>A&s;&s;ump&s;it</HI> to him by <HI>R.</HI> the De&s;endant &s;aith he did not a&s;&s;ume in manner and form, and the Plaintiff gives in evidence of an <HI>A&s;&s;ump&s;it</HI> made to his wife, and his agreement to it afterwards, this is good, and manner and form is not materiall.</P>
<P>If an Action be brought before there is any cau&s;e of Action, the Declaration is in&s;ufficient. But if a Tre&s;pa&s;&s;e was done the fourth day of <HI>May,</HI> and the Plaintiff declar|eth the &s;ame to be done the fifth or the fir&s;t day of <HI>May,</HI> when no tre&s;pa&s;&s;e was committed, yet if upon evidence it &s;alleth out that the Tre&s;pa&s;&s;e was done before the action brought, it &s;ufficeth. 19 <HI>H. 6. 47. 5 E. 4 5. 21 E.</HI> 4. 66. And <HI>Littleton</HI> &s;aith, That the Jury may finde the Defen|dant guilty at another day then the Plaintiff &s;uppo&s;eth, for the Law of <HI>England</HI> re&s;pecteth more the effect and &s;ub&s;tance of the matter, then every nicity of forme and circum&s;tance: <HI>Apices juris non &s;unt jura.</HI></P>
<P>Note, that in actions of debt upon <HI>Emi&s;&s;et</HI> for Wares, for Money or other things lent, upon an <HI>In &s;imul compu|ta&s;&s;ent,</HI> actions of Tre&s;pa&s;&s;e, Battery, or upon the ca&s;e, <HI>&amp;c.</HI> you are not tyed to lay the certaine day; but you may lay it any time after the cau&s;e of action accrued.</P>
<P>If an action upon the ca&s;e be brought upon an <HI>A&s;&s;ump|&s;it,</HI> the Plaintiff mu&s;t declare upon the whole promi&s;e
<PB N="16" REF="20">
made, and not upon part of it, el&s;e the Declaration is not good, <HI>Mich. 22. Car. b. r.</HI></P>
<P>If there be words in a Declaration, which have no &s;ig|nification, the words &s;hall be adjudged to be void words, and &s;hall not hurt the Declaration: but the Declaration &s;hall be taken as if tho&s;e words were left out of the Decla|ration. <HI>Hill. 23. Car. B. R. Pa&s;c. 24. Car. B. r.</HI></P>
<P>A Declaration ought not to &s;hew a thing by implica|tion it mu&s;t be &s;et forth expre&s;&s;ely.</P>
<P>If the Plaintiff do alter his Declaration after the De|fendant hath pleaded to it; the Defendant may alter his Plea. For by the amendment of it, it may be &s;o altered in matter, that it may require a different an&s;wer from what was &s;ormerly pleaded, and in that ca&s;e if he &s;hould not amend his Plea, he might be triced &s;or want of a good Plea. <HI>Prac. reg. fo.</HI> 235.</P>
<P><NOTE PLACE="marg">Count. </NOTE>A Declaration is &s;ometimes called a Count, as Count in debt. <HI>Kitch.</HI> 281. Count in Tre&s;pa&s;&s;e, <HI>Brit. cap.</HI> 26. Count in an Action of Tre&s;pa&s;&s;e upon the ca&s;e for a &s;lan|der, <HI>Kitch.</HI> 251. But a Count is more properly u&s;ed in Reall than Per&s;onall Actions. And a Declaration more applyed to Per&s;onall than Reall. <HI>F N. B. 18. a. 60. D. N. 71. a. 191. c. 217. a.</HI> <NOTE PLACE="marg">Non-&s;uit.</NOTE></P>
<P>If after Proce&s;&s;e executed, the Plaintiff do not appear and file his Declaration, and the Defendant doth appear, upon &s;uch default the Plaintiff is non-&s;uited, and the Defendant may have Judgment and Execution for his co&s;ts.</P>
<P><NOTE PLACE="marg">Empar|tance. </NOTE>In every ca&s;e where the Plaintiff may have co&s;ts again&s;t the Defendant, there, if the Plaintiff be non-&s;uit, or a Verdict pa&s;&s;e again&s;t him, the De&s;endant &s;hall have his co&s;ts, as in Tre&s;pa&s;&s;e, Debt, Covenant by Specialty, or up|on Contract, Detinue, Accounts, Actions upon the ca&s;e, or upon the Statute for per&s;onall wrongs, 23 <HI>H. 8. cap.</HI> 15. Admini&s;trators nor Executors &s;hall not pay any co&s;ts nei|ther upon Non-&s;uit or Verdict, becau&s;e their Actions are brought upon Debts or Contracts not made between them and the Defendants. But if they bring Actions for things done to them&s;elves, as for the taking away of goods from them, <HI>&amp;c.</HI> and they be Non &s;uit or Verdict pa&s;&s;e again&s;t them, in this ca&s;e they &s;hall pay co&s;ts. </P>
<P>After the Plaintiff hath appeared, and Declaration
<PB N="17" REF="20">
filed, upon the appearance of the Defendant, <HI>Empar|lance</HI> is to be entered: <HI>Emparlance</HI> is, when the Defen|dant being to an&s;wer the Suit or Action of the Plain|tiff, de&s;ireth &s;ome time of re&s;pite to advi&s;e him&s;elf the better what he &s;hall an&s;wer, being nothing el&s;e but a <HI>Continuance</HI> of a cau&s;e till a further day.</P>
<P><NOTE PLACE="marg">Continuance. </NOTE>Now to demon&s;trate what the word Continuance &s;ignifieth; it is, after a Suit is begun and the Plaintiff hath declared, he mu&s;t continue his Suit from Court day to Court day, or el&s;e the adver&s;e 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 &s;ome times by the agreement of the Attorneys of both parties.</P>
<P><NOTE PLACE="marg">Rule. </NOTE>The Rule, or <HI>dies datus,</HI> is when further day is gi|ven to the Plaintiff, to put in his Declaration, or to the Defendant to put in his an&s;wer: the time given is u&s;ually fourteen dayes, or more or le&s;&s;e, according to the order of the Court, and the agreement of their Attorneys.</P>
<P><NOTE PLACE="marg">An&s;wer. </NOTE>The next Court after the filing of the Declaration, and <HI>Emparlance</HI> given, the Defendant is to put in his an&s;wer, which he pleadeth and &s;aith in bar to avoid the Action of the Plaintiff, either by con&s;e&s;&s;ion and a|voidage, or denying the materiall parts thereof. It mu&s;t be legall, full, and perfect, for a bad or in&s;uffici|ent plea is in Law as no Plea.</P>
<P><NOTE PLACE="marg">Replication. </NOTE>If I&s;&s;ue be not joyned upon the an&s;wer, then the Plaintiff is to file his <HI>Replication</HI> to the an&s;wer of the Defendant, which mu&s;t affirme and pur&s;ue his Decla|ration.</P>
<P><NOTE PLACE="marg">Rejoynder. </NOTE>Then the Defendant mu&s;t put in his <HI>Rejoynder</HI> to the Plaintiffs Replication, which mu&s;t pur&s;ue and con|firme his an&s;wer; for every <HI>Rejoynder</HI> ought to have the&s;e two properties &s;pecially; that is, it ought to be a &s;ufficient an&s;wer to the Replication, and al&s;o to follow and enforce the matter of the Bar. <NOTE PLACE="marg">Sur-rejoynder.</NOTE></P>
<P>If the parties be not at i&s;&s;ue by rea&s;on of &s;ome new matter di&s;clo&s;ed in the Defendants Rejoynder that re|quireth an&s;wer; then may the Plaintiff Sur-rejoyn to the &s;aid Rejoynder, if there be cau&s;e, but it &s;alleth
<PB N="18" REF="21">
out very &s;eldome. This Sur-rejoynder is a &s;econd de|fence of the Plaintiffs Declaration, oppo&s;ite to the De|fendants Rejoynder.</P>
<P><NOTE PLACE="marg"><GAP DESC="illegible" RESP="apex" EXTENT="1 span">rrer. C<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">. In&s;t. 1. fo. 7. b. </NOTE><HI>Demurrer</HI> cometh of the Latine word <HI>Demorari,</HI> to abide, and therefore he who demurreth in Law, is &s;aid, he that abideth in Law, <HI>moratur,</HI> or <HI>demoratur in Lege,</HI> when &s;o ever the Coun&s;ell of the party is of opi|nion that the Declaration or Plea of the adver&s;e party is in&s;ufficient in Law, then he demurreth or abideth in Law, and referreth the &s;ame 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 afore&s;aid, the adver&s;e party joyn|eth with him, and thereupon the Demurrer is &s;aid to be joyned, and then the ca&s;e is by Councell of both &s;ides argued. <NOTE PLACE="marg">Nota.</NOTE></P>
<P><NOTE PLACE="marg">Not informed. </NOTE>When the Declaration, An&s;wer, Replication, <HI>&amp;c.</HI> are defective in re&s;pect of &s;ome circum&s;tance of time or place, <HI>&amp;c.</HI> it may be remedied by con&s;ent of the Court, or parties, or by a motion to the Steward.</P>
<P><NOTE PLACE="marg">Nil dicit. </NOTE><HI>Non &s;um informatus,</HI> is a formall an&s;wer of cour&s;e made by an Attorney, whereby he is deemed to leave his Clyent undefended, and Judgment pa&s;&s;eth for the adver&s;e party.</P>
<P><NOTE PLACE="marg">Generall i&s;sues. </NOTE>It is a failing to put in an&s;wer to the Declaration of the Plaintiff (in any Action) by the day a&s;&s;igned, which if a man do, Judgment &s;hall pa&s;&s;e again&s;t him, becau&s;e he &s;aith nothing to the contrary. </P>
<LIST>
<ITEM>To an Action of Debt upon Speci|alty. Not his Deed,</ITEM>
<ITEM>To an Action of Debt for mony lent, <HI>&amp;c.</HI> He owes nothing by the Country.</ITEM>
<ITEM>To a Bond for performance of Cove|nants upon an Indenture or Arbi|trament. Not his Deed, or not guilty.</ITEM>
<ITEM>To an Action of ca&s;e upon an A&s;|&s;ump&s;it. He did not a&s;|&s;ume.</ITEM>
<ITEM>To an Action of Tre&s;pa&s;&s;e. Not guilty.</ITEM>
<ITEM><PB N="19" REF="21">
To an Action of A&s;&s;ault, and Battery and Slander. Not guil|ty.</ITEM>
<ITEM>To a Contract without Deed, the Plea is Payment, or an Obligation made for the debt, <HI>&amp;c.</HI></ITEM>
</LIST>
<P><NOTE PLACE="marg">Pleas &s;pecially to be pleaded. Obligation. </NOTE>To an Obligation the Plea is Payment, <HI>&amp;c.</HI> but to plead payment to an Obligation without Acquittance is no Plea: For an Obligation, or other matter in wri|ting may not be di&s;charged by any agreement by word, but by writing? <HI>unumquodque di&s;&s;olvitur, eo modo quo col|ligatur.</HI> 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 Defea&s;ance to the Obligation.</P>
<P>To an Action of debt; He owes nothing by the Country, or by the Law, or Paid.</P>
<P><NOTE PLACE="marg">Debt. </NOTE>If the Action be brought again&s;t an Executor or Admini&s;trator, the ordinary Plea is, that he never was Executor, or hath fully Admini&s;tred, <HI>&amp;c.</HI> <NOTE PLACE="marg">Again&s;t Execu|tors or Admi|nistrators. Non-age. Woman covert.</NOTE></P>
<P>If the Suit be upon a Deed, or Contract without Deed; That he was within age when he made the Deed or Contract.</P>
<P>If it be again&s;t a woman, That &s;he was Covert: that is to &s;ay, had a Husband when &s;he made the Deed or Contract.</P>
<P><NOTE PLACE="marg">Arbitrament. </NOTE>If upon an Arbitrament; That there was no Arbi|trament legally made, or That he hath performed the Award.</P>
<P><NOTE PLACE="marg">Tre&s;pa&s;se Damage fea&s;ant </NOTE>If upon an Action of Tre&s;pa&s;&s;e Damage fea&s;ant; That the Bea&s;ts came in by the default of the inclo&s;ure of the Plaintiff, or That he hath little of Common there, <HI>&amp;c,</HI></P>
<P>If upon an Action brought for Rent, That there is no rent in arrear, <HI>&amp;c.</HI></P>
<P><NOTE PLACE="marg">Rent. </NOTE>To an Action of Detinue, That he doth not detain the thing &s;ued for: A relea&s;e or gift to him by the Plaintiff, or That he did tender the thing &s;ued for <NOTE PLACE="marg">Detinue.</NOTE> before Action brought, That the De-fendant did deli|ver it to him as Pledge for ten &s;hillings which he hath not paid, <HI>&amp;c.</HI></P>
<P><NOTE PLACE="marg">Slander. </NOTE>To an Action of the ca&s;e for Slander: Not guilty, or Ju&s;tifie the words.</P>
<P><NOTE PLACE="marg">Warranty. </NOTE>Cafe upon a Warranty: That he did not warrant. </P>
<P><PB N="20" REF="22">
Upon a Bond or Bill, plead; Conditions performed, <NOTE PLACE="marg">Debt.</NOTE> by Threats, Dure&s;&s;e, Impri&s;onment, <HI>&amp;c.</HI></P>
<P><NOTE PLACE="marg">Demi&s;e. Tre&s;pa&s;s. </NOTE>Upon a Demi&s;e: Not demi&s;ed. </P>
<P>To Tre&s;pa&s;s: Not guilty, an Arbitrament, Tender of amends before the Action brought, <HI>&amp;c.</HI></P>
<P><NOTE PLACE="marg">Nota. </NOTE>If diver&s;e men do a Tre&s;pa&s;&s;e, and one makes a good accord, this will di&s;charge and be a Bar to all the re&s;t. <HI>Co.</HI> 9. 79.</P>
<P>If Freehold be pleaded, the Court in that ca&s;e can proceed no further. <NOTE PLACE="marg">Liberum tene|mentum, <HI>or Freehold.</HI></NOTE></P>
<P>There are divers Pleas to Actions of Tre&s;pa&s;s, &s;ome of one nature, and &s;ome of another, as ju&s;tification, <HI>&amp;c.</HI> If the Defendant have matter of Ju&s;tification or excu&s;e to plead, he mu&s;t be &s;ure to plead it &s;pecially, for if he plead the generall I&s;&s;ue, <HI>viz.</HI> Not guilty, it will be found again&s;t him; But now by the late Act, made the 23 of <HI>October</HI> 1650. The Defendant may plead the generall I&s;&s;ue of Not guilty, or &s;uch like generall Plea, and give the &s;peciall matter in Evi|dence.</P>
<P>Where the Defendant is not con&s;trained to plead a &s;peciall Plea, he may plead the generall I&s;&s;ue proper for the Action brought, and give the &s;peciall matter in Evidence. For every Plea mu&s;t be &s;o framed, that it may give a full an&s;wer to the matter &s;et forth in the Declaration, to wit, all &s;uch as are materially to be an|&s;wered unto.</P>
<P>If one be &s;ued upon an Obligation, he cannot be compelled to plead before he have <HI>Oyer</HI> of the Con|dition of the Obligation.</P>
<P>If an Action of Debt be brought for Rent, upon an Indenture of Demi&s;e for years, the Defendant may plead payment without &s;hewing the Deeds, for the Lea&s;e &s;hall be intended to be in being at the time of the Action brought. <HI>Trin. 24. Car. B. R.</HI></P>
<P>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 refu&s;eth the &s;ame, yet upon an Action of debt upon the Obligation, if the Defendant plead the tender and re&s;u&s;all, he mu&s;t al&s;o plead that he is yet ready to pay the mony, and tender the &s;ame in Court; but if
<PB N="21" REF="22">
the Plaintiff will not then recieve it, but take i&s;&s;ue upon the tender, and the &s;ame be found again&s;t him, he hath lo&s;t the mony for ever.</P>
<P><NOTE PLACE="marg">Nota. Et hoc paratus e&s;t verificare. Et de hoc ponit &s;e &s;uper patri|am. Et hoc petit, quod inquiratur per patriam. </NOTE>Every Plea mu&s;t be offered to be proved true, by &s;aying in the Plea; <HI>And this he is ready to verifie,</HI> and this is termed an Averment.</P>
<P>If tender of I&s;&s;ue come on the Defendants part, the form is, <HI>And of this he putteth him&s;elf upon the Coun|try.</HI></P>
<P>If on the part of the Plaintiff, it is, <HI>And this he prayeth may be inquired of by the Country.</HI></P>
<P>If I&s;&s;ue be taken upon the&s;e Pleas, and Jury there|upon warned to appear to try them, the Jury ap|pearing, the parties may have their challen|ges.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Challenge of Jurors.</HEAD>
<P>CHallenge is &s;aid to be, where there is evident fa|vour, <NOTE PLACE="marg">21 E. 4. f. 11. <HI>&amp;</HI> 63. 20. A&s;&s;. 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 Pa&s;ch 31. Eliz. 21 E 4. 74. 11 H. 4. c. 9. 23 A&s;s. 11. Mirror. cap 3.</NOTE> as Kindred, <HI>&amp;c.</HI> the Juror of Alliance, Ser|vant, Bears malice, or hath &s;ome Action again&s;t the Challenger. Juror a Go&s;&s;ip of the Plaintiff; Juror ma&s;ter to the Plaintiff: the Juror eat at the Plaintiffs co&s;t, or take mony for his charges. If the Juror was cho&s;en Arbitrator for one party, but otherwi&s;e where he was cho&s;en indifferent for them. The Sheriff or Bayliff which make the Pannell, is of the Plaintiffs kindred. Tho&s;e who have been attaint of fal&s;e oath, or were &s;een on the Pillory, or again&s;t whom there was Judgment of life or member. Tho&s;e who pretend to have &s;ome right in the thing demanded. The Ju|ror outlawed, if the Record be &s;hown. Juror attaint of Con&s;piracy. 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 &s;hall be qua&s;hed&punc; If there be a Challenge for Cozinage, he that taketh the Challenge mu&s;t &s;hew how the Juror is Cozin. If one within the age of one and twenty years be returned, it is a good cau&s;e of Challenge.</P>
<P><PB N="22" REF="23">
Having now brought the Jury to the Bar, (and that they prove all hone&s;t men) being &s;worn let them &s;tand to the Bar and hear their Evidence.</P>
<P><NOTE PLACE="marg">Nota. </NOTE>If a full Jury do not appear, as many as make de|fault, may be amerced.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>What witne&s;&s;es are not &s;ufficient to give in E|vidence, and what are.</HEAD>
<P>THe word <HI>Evidence</HI> is of a different &s;ignification, as &s;ignifying authenticall writings of Contract; but here it is taken for proof of a matter in que&s;tion and at i&s;&s;ue, by te&s;timonie of witne&s;&s;es before a Jury, and according to the Evidence the Jury are to give their Verdict according to their oaths.</P>
<P><NOTE PLACE="marg">Co. Lit. fo. 6. Plow. 8. 12. </NOTE>And to demon&s;trate who are in&s;ufficient and may be excepted again&s;t, are &s;uch, as are infamous, as are per|&s;ons attainted of Felony, or of a fal&s;e Verdict, or of Con|&s;piracy, or of Perjury, or in a <HI>Praemunire,</HI> or of Forgery upon the Statute of 5 <HI>El. c.</HI> 14. and not upon the Statute of 1 <HI>H.</HI> 5. 3. and &s;uch as have had Judgment to lo&s;e their ears, or &s;tand on the Pillory, or have been &s;tig|matized or branded; and infidells, men not of &s;ound memory, or not of di&s;cretion, or &s;uch as are intere&s;&s;ed in the cau&s;e, and may have benefit by the thing in que&s;tion, the&s;e are not competent witne&s;&s;es; and a wife cannot be witne&s;&s;e for or again&s;t her Husband. But all other per&s;ons, though they be never &s;o near in con&s;anguinity, Tenants, Servants, Ma&s;ters, Coun&s;el|lors or Attorneys are allowed for competent witne&s;&s;es, <HI>Co. Lit. fo. 6. Plow.</HI> 8. 12. And the&s;e being required mu&s;t come in to give Evidence, or they forfeit to the party damnified &s;o much as the Court &s;hall award, and mu&s;t give him co&s;ts and damages, Statute of 5 <HI>Eliz. cap.</HI> 9. The Poet in two ver&s;es doth declare what things are required in a witne&s;&s;e.</P>
<LG>
<L>Conditio, &s;exus, aetas, di&s;cretio, fama,</L>
<L>Et fortuna, fides, in te&s;tibus, i&s;ta requires.</L>
</LG>
</DIV3>
<DIV3 TYPE="section">
<PB N="23" REF="23">
<HEAD>The manner of keeping the Court.</HEAD>
<P>THe Sheriff at the fir&s;t Court, which &s;hall be after his Election and di&s;charge of the old Sheriff, mu&s;t read his <HI>Patent</HI> and Writ of a&s;&s;i&s;tance, and nominate his under Sheriff and County Clark, and 1 &amp; 2 <HI>Phi.</HI> &amp; <HI>Ma. cap. 12. four Deputies</HI> (at the lea&s;t) of the Reple|vins for the ea&s;e of the County.</P>
<P>Then enter the &s;tile of the Court after this man|ner.</P>
<P><NOTE PLACE="marg">Y. &s;s. The &s;tile of the Court. Proclamation. </NOTE>The fir&s;t County Court of <HI>I. B.</HI> <ABBR>E&s;q</ABBR> Sheriff of the County afore&s;aid held at the Ca&s;tle of <HI>Y.</HI> on Munday the &s;eventh day of <HI>July</HI> 1656.</P>
<P>Then command the Bayliff to make Proclamation three times. <HI>O yes, &amp;c,</HI> and &s;ay,</P>
<P>All manner of per&s;ons that have any thing to do at the County Court holden here this day, before <HI>I. B.</HI> <ABBR>E&s;q</ABBR> Sheriff of the County of <HI>Y.</HI> come forth and give your attendance.</P>
<P><NOTE PLACE="marg">Proclamation. </NOTE>Command the Bayliff to make Proclamation again, <HI>O yes, &amp;c.</HI> and &s;ay,</P>
<P>All manner of per&s;ons keep &s;ilence, and hear the <HI>Lord Protectors</HI> Writs of <HI>Exigent</HI> and <HI>Proclamation</HI> read.</P>
<P>A Coroner is to be there then pre&s;ent to pronounce Judgment of Outlawry again&s;t tho&s;e that do not ap|pear upon the Exigent and Proclamation at the fifth County.</P>
<P><NOTE PLACE="marg">Proclamation. </NOTE>Command the Bayliff the third time to make Pro|clamation, <HI>O yes, &amp;c</HI> and &s;ay,</P>
<P>E&s;&s;oynes and profers (before the Court three times) for this day. And then &s;ay; If any man will be E&s;|&s;oyned, or enter any Plaints, let him come forth and he &s;hall be heard.</P>
<P><NOTE PLACE="marg">Plaint. </NOTE>Then enter your Plaint in this manner. </P>
<P><HI>A. B.</HI> again&s;t <HI>C. D.</HI> of a Plea of debt.</P>
<P>Then call the Plaintiff thus,</P>
<P><HI>A. B.</HI> appear or thou lo&s;e&s;t thy Plaint, three times.</P>
<P>If he appear by an Attorney, then enter his Warrant of Attorney, <HI>viz.</HI> the two fir&s;t letters of his name, over
<PB N="24" REF="24">
the name of the Plaintiff, and then file his Declaration. <NOTE PLACE="marg">Declaration.</NOTE></P>
<P>Then call the Defendant.</P>
<P><HI>C. D.</HI> appear and an&s;wer <HI>A B.</HI> in an Action of debt, (or as the ca&s;e is) or thou forfeits thy goods di&s;trained, and further Proce&s;&s;e will be awarded again&s;t thee.</P>
<P>If he appear, then enter his appearance, and an Im|parlance, to put in his an&s;wer (to the Plaintiffs De|claration) the next Court.</P>
<P><NOTE PLACE="marg">An&s;wer. </NOTE>When the Defendant hath put in his an&s;wer, If the Plaintiff joyne I&s;&s;ue, they may proceed to tryall the next Court day; except they proceed further by Re|plication, Rejoynder, <HI>&amp;c.</HI></P>
<P><NOTE PLACE="marg">&V;enire facias. </NOTE>If they be at I&s;&s;ue, &s;end out a <HI>Venire facias</HI> to &s;um|mon the Jury.</P>
<P>Then enter on the head of the Pannell, thus;</P>
<P>Jury betwixt <HI>A. B.</HI> Plaintiff, and <HI>C. D.</HI> Defendant, in a Plea of debt.</P>
<P>When they are brought to the Bar, command the Bayliff to make Proclamation, <HI>&amp;c.</HI> and &s;ay;</P>
<P>You good men that be impannelled to try the I&s;&s;ue between <HI>A. B.</HI> Plaintiff, and <HI>C. D.</HI> Defendant, an&s;wer to your names, every man upon the fir&s;t call, upon pain and perill that &s;hall fall thereon.</P>
<P>If twelve appear, then &s;wear them one by one, in this manner.</P>
<P><NOTE PLACE="marg">The oath of the Jury. </NOTE>You &s;hall well and truly try this I&s;&s;ue, between party and party, according to your Evidence, &s;o help you God.</P>
<P>And as they are &s;worn, enter by every mans name <HI>Jur. viz. juratus e&s;t.</HI> he is &s;worn.</P>
<P>Being all &s;worn bid them &s;tand together to hear their Evidence.</P>
<P>Then &s;wear the Witne&s;&s;es.</P>
<P><NOTE PLACE="marg">The oath of the Witne&s;&s;es. </NOTE>The Evidence that you are to give to this Inque&s;t, touching the matter in variance, &s;hall be the truth, the whole truth, and nothing but the truth, &s;o help you God.</P>
<P>Then let the Jury depart from the Bar, to agree upon their Verdict.</P>
<P>At their return, command the Bayliff to call every one by their names, and count them.</P>
<P>Then aske them if they be all agreed on their Ver|dict:</P>
<P><PB N="25" REF="24">
Jur. yea.</P>
<P>Who &s;hall &s;ay for you?</P>
<P>Jur. The foreman.</P>
<P>Then call the Plaintiff <HI>A. B.</HI> appear or thou lo&s;eth thy Plaint, three times. Then aske the Jury if they will &s;tand to their Verdict:</P>
<P>Jur. yea.</P>
<P>Whether do you find for the Plaintiff or for the De|fendant?</P>
<P>Jur. for the Plaintiff.</P>
<P>What damages?</P>
<P>Jur. 2 <HI>d.</HI></P>
<P>What co&s;ts of Suit?</P>
<P>Jur. 2 <HI>d.</HI></P>
<P>Harken to your Verdict, this you &s;ay, you find for the Plaintiff, and a&s;&s;e&s;&s;e damages 2 <HI>d.</HI> and co&s;ts of Suit 2 <HI>d.</HI> &s;o &s;ay you all?</P>
<P>Jur. yea.</P>
<P>Then bid the Plaintiff pay the Jury.</P>
<P><NOTE PLACE="marg">Nota, </NOTE>If the Verdict find matter incertainly, or ambigu|ou&s;ly, it is in&s;ufficient, and no Judgment ought to be given thereupon: as if an Executor plead <HI>plene admi|ni&s;travit, viz.</HI> fully Admini&s;tred of all the goods and Chattels which were of the Te&s;tator, and i&s;&s;ue is joyn|ed thereupon, and the Jury find that the Defendant hath goods within his hands to be admini&s;tred, but find not of what value, this is incertain, and therefore in&s;ufficient.</P>
<P>A Verdict that findeth part of the i&s;&s;ue, &amp; findeth no|thing <NOTE PLACE="marg">17 E. 3. 47. 18 E. 3 48. 22 E. 3. 2. 18 E. 3. 56. 15 E. 3. Judg. 58, &amp;c. Hil. 25. Eliz. Mic. 28 <HI>&amp;</HI> 39 Eliz. inter Gom|mer&s;all and Go|mer&s;all, &amp;c. Adjournment.</NOTE> for the re&s;idue, this is in&s;ufficient for the whole, becau&s;e they have not tryed the whole I&s;&s;ue wherewith they were charged; But if the Jury give a Verdict of the whole I&s;&s;ue, and of more, <HI>&amp;c.</HI> That which is more is Surplu&s;age, and &s;hall not &s;tay Judgment: for <HI>utile per inutile non vitiatur,</HI> but nece&s;&s;ary incidents required by the Law the Jury may find.</P>
<P>The Court being ended, adjourn the Court to ano|ther day to be kept, commanding the Bayliff to make Proclamation. <HI>O yes, &amp;c.</HI> and &s;ay.</P>
<P>All manner of per&s;ons that have any more to do at this Court, let them come forth and they &s;hal be heard, otherwi&s;e they, and every one el&s;e, may depart for
<PB N="26" REF="25">
this time, and keep their houre here on Munday the fourth day of <HI>Augu&s;t</HI> next by nine a clock in the morning, <HI>&amp;c.</HI></P>
<P>Now the Court being done, and the Defendant condemned by Verdict, then (Judgment being entred) a <HI>Fieri facias</HI> &s;hall be awarded to make Levy of his goods; and thereupon the Defendants goods &s;hall be taken, prai&s;ed and &s;old, to &s;atisfie the party Plaintiff, and if the Defendant hath no goods, whereupon Le|vy may be made, then the Plaintiff re&s;ts without reme|dy in this Court.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Of Di&s;tre&s;&s;e.</HEAD>
<P>COn&s;idering the many lacrymable wrongs the Country hath &s;u&s;tained by tho&s;e Locu&s;ts, that liti|gious generation of men, a clamorous company, <HI>qui ex injuria vivunt,</HI> Seminaries of di&s;cord, wor&s;e then any polars by the high way &s;ide, <HI>mon&s;tra hominum, rabulas foren&s;es,</HI> irreligious harpies, &s;craping, griping catch|poles, Bayliffs, and corrupt practi&s;ers, and how much the ignorant people are abu&s;ed and deceived, yea, many times (as the &s;ad experience of many will inform us) ruined and utterly undone by them, they being the &s;ole cau&s;es of tho&s;e ignominious a&s;per&s;ions ca&s;t upon the Court. The advantage that it would produce to the Common-wealth is in-explainable, if the Statute of 1. of <HI>H. 5. cap.</HI> 4. were ob&s;erved, that is, that Sheriffs Bayliffs, one year, not to be in that Office in three years after, becau&s;e by their continuall being in that Office, they grow &s;o crafty and cunning, that they are able to deceive the Sheriff and ruine the whole Coun|try; Therefore, that the Country may not be altoge|ther ignorant of their &s;eeming authorized Actions: I will declare, what, and when they may di&s;train, and what, and when they may not.</P>
<P>But fir&s;t to declare what a Di&s;tre&s;&s;e is.</P>
<P><NOTE PLACE="marg">Broo. 146. Finches. Ley 135. Coo. Sup. Litt. 97. </NOTE>A Di&s;tre&s;&s;e is either &s;aid to be reall (that is) when Land is di&s;trained upon a <HI>grand cape,</HI> or <HI>petit cape,</HI> of which we have nothing to &s;ay here: or it is &s;aid to be per&s;onall, where moveable things are di&s;trained: and this is that we are to &s;peak unto. Therefore a Di&s;tre&s;&s;e
<PB N="27" REF="25">
is where one doth take and di&s;train the Bea&s;ts, Cattell and other things of another man in &s;ome ground or place for debt, rent, or other duty behind, or for &s;ome wrong or damage done.</P>
<P>The Sheriff nor his officers cannot break a mans hou&s;e in the night time to execute any Proce&s;&s;e, or to do any mini&s;teriall act: for the Law giveth no colour to break a mans hou&s;e by night.</P>
<P>None can be di&s;trained that are out of the Juri&s;di|ction of the Court. <HI>Marl. cap.</HI> 2.</P>
<P>No Di&s;tre&s;&s;e can be made in the night, but for Damage fea&s;ant.</P>
<P>The Bayliff may attach a man by his goods, citing him to appear, and an&s;wer &s;uch a day, at &s;uch a mans Suit in &s;uch a Court, and for &s;uch a cau&s;e; Or he may onely give the Defendant warning (in the pre&s;ence of two others) to appear &s;uch a day, in &s;uch a Court, at &s;uch a mans Suit, it is &s;ufficient; And if an Attach|ment be made, it mu&s;t be of &s;uch goods (of the De|fendants own proper goods) as are movables, <HI>viz.</HI> by meer Chattels per&s;onalls, which may be for&s;eited by Outlawry, and not immovables.</P>
<P>A Bayliff cannot &s;ever hor&s;es joyned to a Cart.</P>
<P>Sheep may not be di&s;traind, if there be a &s;ufficient Di&s;tre&s;&s;e be&s;ides.</P>
<P>No man &s;hall drive a Di&s;tre&s;&s;e out of the County where it was taken.</P>
<P>A Di&s;tre&s;&s;e may not be impounded in &s;everall places upon pain of five pounds and trebble damages.</P>
<P>A man cannot work goods di&s;trained, nor convert them to his own u&s;e.</P>
<P>The goods of any man may be taken in any place within the County, in another mans hou&s;e or ground, as well as his own.</P>
<P>If a Bayliff di&s;train or attach the hor&s;e of a ma&s;ter, where the Plaint is again&s;t the &s;ervant, Tre&s;pa&s;&s;e lyes for the Ma&s;ter again&s;t the Bayliff, for the Bayliff ought to take notice at his perill who&s;e goods he di&s;trains or attaches, 13 <HI>H. 4. fo. 2. 14 H. 4. 24. 11 H. 4. 90. Dr.</HI> and <HI>St.</HI> 139.</P>
<P>After Di&s;tre&s;&s;e or Attachment made, if the Bayliff doth not return his Precept the next Court: Tre&s;pa&s;s
<PB N="28" REF="26">
lyes again&s;t the Bayliff for the Defendant, and an Action of the ca&s;e lyes again&s;t him for the Plaintiff, for not returning of the Precept. 10 <HI>E. 4. fo. 18. 3 H. 7. fo.</HI> 3.</P>
<P>By <HI>Choke.</HI> If one take Bea&s;ts in the name of a Di&s;tre&s;&s;e, he ought to put them in an open Pound, for that he who is di&s;trained may give to them &s;u&s;te|nance: but if he di&s;traine dead Chattels, he may put them where he will, but if they &s;poyl in his default, he mu&s;t an&s;wer for them. 19 <HI>E. 4. fo. 2. b.</HI></P>
<P>If goods di&s;trained be put in an open Pound, and they die, it is the lo&s;&s;e of the Owner, but if they be put in another place, it is otherwi&s;e, 39 <HI>H. 8. Fitz. Di&s;tre&s;&s;e</HI> 6. He that di&s;trains Bea&s;ts may put them in a clo&s;e Hou&s;e, 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 &amp; 2. <HI>Phil. &amp; Mar. cap. 12. tit. Di&s;tre&s;&s;e.</HI> That no Di&s;tre&s;&s;e &s;hall be taken out of the Hundred, unle&s;&s;e to the open Pound, nor above three miles.</P>
<P>Where a man di&s;traineth Cattell for doing Damage-fea&s;ant, or for rent, or &s;ervice, and put them into the common Pound, or into another Pound, or place, and he who hath property in the Cattell, or other per&s;on, taketh the Cattell out of the &s;aid Pound, and driveth them where he plea&s;eth, he who di&s;trained them may have a Writ <HI>de parco fracto, Fitz. Na. Br. 293. E.</HI></P>
<P>A man may not di&s;train for any Rent or thing done for any Land, but upon the &s;ame Land that is charged therewith; but in ca&s;e where I come to di&s;train, and the other &s;eeing my purpo&s;e, cha&s;eth the Bea&s;ts, or beareth the thing out, to the intent that I &s;hall not take it for a Di&s;tre&s;&s;e upon the ground, then I may well pur&s;ue, and if I take it pre&s;ently in the high way, or in anothers ground, the taking is lawfull as well as there, upon the &s;ame Land charged, to whom&s;oever the properties of the goods be.</P>
<P>If one di&s;train my goods that are not di&s;trainable by Law, I may have a generall Action of Tre&s;pa&s;&s;e,
<PB N="29" REF="26">
or an Action of the ca&s;e again&s;t him at my choice, <HI>Co.</HI> 4. 94.</P>
<P>The Di&s;tre&s;&s;e mu&s;t be rea&s;onable, &s;omewhat pro|portionable to the thing, or cau&s;e for which it was taken, and yet if the cau&s;e be &s;o that a man cannot take a Di&s;tre&s;&s;e of le&s;&s;e value, and the thing be after a &s;ort entire, as in the Di&s;tre&s;&s;e of a Cart with its carry|age, or with the Hor&s;e, or Oxen annexed to them for twenty &s;hillings, though there be much inequali|ty, yet may it not be unrea&s;onable, <HI>Marl. 1. 4. 22 E. 4. 15. 20 E. 4. 3. 41 E.</HI> 3. 26. But &s;uch Di&s;tre&s;&s;es as are either exce&s;&s;ive for magnitude, as if one take four Sheep for four pence, or four Oxen for two &s;hillings, or the like; the&s;e are unlawfull Di&s;tre&s;&s;es, for which the Bayliff or Di&s;trainer &s;hall be puni&s;hed, <HI>Exce&s;&s;us in re qualibet in jure reprobatur.</HI> Yet if he take a Hor&s;e or Oxe for two pence, where no other Di&s;tre&s;&s;e is to be had, it is not exce&s;&s;ive; but if there were a Sheep, or other goods &s;omewhat pro|portionable to be taken, there it is exce&s;&s;ive and puni&s;hable, <HI>Co. 2. part. In&s;t. 107. 51 H. 3. Marl. 4. Co. 11. 44. 4. 8 H. 4. Fitz. Na. Br. 174. 45 Ed.</HI> 3. 26.</P>
<P>If one di&s;train my Kine great with Calf, and by dri|ving they lo&s;e their Calfs, I may have an Action of the ca&s;e, <HI>F. N. B.</HI> 86.</P>
<P>If goods be impounded in a clo&s;e Hou&s;e, or &s;ecret place, &s;o that the Defendant cannot come to &s;eed them, and the goods do peri&s;h for want of &s;u&s;tenance, the Di&s;trainer mu&s;t pay for them. 33 <HI>H. 8. tit. Di|&s;tre&s;se</HI> 66.</P>
<P>If the Di&s;trainer give the Cattell meat in the Pound, he cannot compell the Owner of the Cattell to pay for this, for the Di&s;trainer is not compelled by Law to give them &s;u&s;tenance: and if they do a|gree after the Di&s;tre&s;&s;e upon a &s;um, yet this is no excu&s;e, but it is for their deliverance; but if they do agree at the time of the Di&s;tre&s;&s;e taken, that he &s;hould give them meat, and that he &s;hould have twenty &s;hil|lings (or a certain propounded &s;um) for the &s;ame, this is a good bargain, 21 <HI>E. 4, fo.</HI> 53.</P>
<P><PB N="30" REF="27">
An Action of Tre&s;pa&s;&s;e was brought upon the Sta|tute, that none &s;hould be di&s;trained by his Cattell in the Plough, &s;o long as any other rea&s;onable Di&s;tre&s;&s;e may be had: and the Plaintiff declared the taking to be again&s;t the Statute, and did not &s;pecially &s;hew that he had other Cattell to be di&s;trained, yet it was adjudg|ed good for the Defendant to alleadg this, 4 <HI>E.</HI> 3. &amp; 18 <HI>E.</HI> 2.</P>
<P>Stuff &s;ent to a Taylor, Weaver, Fuller, Sheerman, Miller, <HI>&amp;c.</HI> &s;hall not be di&s;trained, for the&s;e Officers are nece&s;&s;ary for the Common-wealth; and the like Law is of and in a Common Inn.</P>
<P>A Di&s;tre&s;&s;e mu&s;t be of a thing whereof a valuable property is in &s;ome body, and therefore Dogs, Bucks, Hares, Does, Cunnies, Bees, and the like, that are <HI>ferae naturae,</HI> or apparel, Armour or Jewels cannot be di|&s;trained. Yet though it be of a valuable property as a hor&s;e that a man rideth upon cannot be di&s;trained, <HI>Fitzherb. in re&s;cous, 11. quod nota.</HI></P>
<P>If a man come into a common Inn, his Goods and Bea&s;ts &s;hall not be di&s;trained there, becau&s;e then it would be prejudiciall to the Common-wealth.</P>
<P>Al&s;o Goods and Chattels brought into a Fair or Market to be &s;old, &s;hall not be di&s;trained, <HI>per. cur. Mich. 7 H. 7 fo. 15. 10 H. 7. fo.</HI> 21.</P>
<P>Windowes, Doors, Tables fixed on a po&s;t, a Fur|nace, Pales, Timber, Boards fixed on the ground, Gla&s;&s;e, <HI>&amp;c.</HI> cannot be di&s;trained nor &s;orfeited by Out|lawry: but if the&s;e are not u&s;ed in a Hou&s;e, but &s;tan|ders by, then they may be di&s;trained, <HI>Mich. 21 H. 7. fo. 13. Pa&s;c. 14. fo. 25. H. 8. fo. 25. Trin. 21. H. 7. fo.</HI> 27.</P>
<P>If a Bayliff come to a hou&s;e to di&s;train, the dores being fa&s;t &s;hut and barred, and with his hand through a crevice or hole did &s;hove the bar, and open the dore, and did take out two Cows in the name of a Di&s;tre&s;&s;e, and becau&s;e he did take a Di&s;tre&s;&s;e in this manner, it was adjudged the Di&s;tre&s;&s;e to be wrongfull, <HI>Fitzherb. abridg. fo.</HI> 296.</P>
<P>No goods &s;hall be di&s;trained but the proper goods of the party, and not pledges, nor yet borrowed goods, 35. <HI>H. 6. fo. 25. per Moyle Ju&s;tice.</HI> And it is not of
<PB N="31" REF="27">
Chattels reall, as a Lea&s;e for years, nor of apparrell 7 <HI>H.</HI> 6. 9.</P>
<P>A Di&s;tre&s;&s;e made by the &s;ervant of the Bayliff is good, 27. <HI>A&s;&s;.</HI> 6. 7.</P>
<P>If a man di&s;train Cattell, and they of their own ac|cord come home again to the owner, he who di&s;trained them cannot take them again, by rea&s;on of the fir&s;t Di&s;tre&s;&s;e, except he doth fre&s;hly follow them, <HI>per Danby</HI> Ju&s;tice, becau&s;e of the negligence of the di&s;trainer, 9 <HI>E. 4. fo.</HI> 2.</P>
<P>If a man come to di&s;train for Damage-fea&s;ant, and &s;ee the Bea&s;ts in his ground, and the Owner cha&s;eth them out of purpo&s;e before the Di&s;tre&s;&s;e taken, the Owner of the ground cannot di&s;train them, and if he doth the Owner of the Cattell may re&s;cue them, for the Bea&s;ts mu&s;t be Damage-fea&s;ant at the time of the Di&s;tre&s;&s;e. 16 <HI>E. 4. 10. 2. 6. 2. Avowry, 182. lib.</HI> 9.</P>
<P>A hor&s;e cannot be di&s;trained while the Owner there|of is riding upon him, or leading of him, nor if he be tyed at a Mill, and came thither with gri&s;t, nor a hor&s;e tyed at a mans dore, the Owner being gone into the Hou&s;e on &s;ome bu&s;ine&s;&s;e, <HI>Pa&s;. 39. Eliz. Co. B.</HI> ad|judged.</P>
<P>If a Bea&s;t be unruly in the pound, and is like to leap over the pound, it &s;eemes the di&s;trainer cannot ju&s;tifie the tying him to the pound nor the fettering of him. <HI>Broo. Tre&s;pa&s;se 250. 27 A&s;&s;. pl.</HI> 64.</P>
<P>None &s;hall di&s;train wrongfully upon the penalties provided, upon the Statute of <HI>Marlb. We&s;t. 1. 16. 3 E.</HI> 1.</P>
<P>None &s;hall procure any to di&s;train another, to make him appear at the County Court, or any other inferi|our Court, on purpo&s;e to vex him, and put him to charge and trouble, on pain to make <HI>Fine</HI> to the <HI>Lord Protector,</HI> and to pay the party grieved trebble damages, <HI>We&s;t. 1. 36. 13. E.</HI> 1.</P>
<P>An Axe that is in a mans hand cutting of wood, nor goods that are impounded, and in the cu&s;to|dy of the Law, cannot be di&s;trained, being di&s;trained already, Damage-fea&s;ant.</P>
<P>If one di&s;train my Cattell, or Goods, without any
<PB N="32" REF="28">
cau&s;e or colour, that is not good and ju&s;t: or if a man having di&s;trained my goods, will not tell me, requiring it, and offering to give &s;atisfaction for what cau&s;e he di&s;trained them, or if having cau&s;e to di&s;train, he do di&s;train Bea&s;ts not di&s;trainable, as Bea&s;ts of the Plough, or Sheep, or if having di&s;trained Bea&s;ts di|&s;trainable, he afterward abu&s;e them, as if being a Hor&s;e or an Oxe he work it, or being unruly he &s;etter it, or lay it &s;o as it be thereby hurt, or if he put the Di&s;tre&s;&s;e in an unknown place, that I cannot tell how to come to it, to feed it: or if he take them out of the Coun|ty, and put them into a Pound in another County, or if he di&s;train them in a place not di&s;trainable; In all the&s;e ca&s;es, I may have an Action of Tre&s;pa&s;&s;e again&s;t him, <HI>Co. 8. 147. Doct.</HI> &amp; <HI>St. 112. F. N. B.</HI> 47.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>What goods may be taken upon an Execution.</HEAD>
<P><HI>EXecution</HI> is a Judiciall Precept, i&s;&s;uing out after Judgment; properly called a <HI>Fieri facias,</HI> and ly|eth 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, command|ing the Bayliff to levy the monies (&s;o recovered) of the Goods and Chattells of the Defendant, and to bring it into the Court, that the party Plaintiff may have it.</P>
<P>The Bailiff may (by vertue of this precept or war|rant after Judgement) di&s;traine the Defendants goods, and detaine the di&s;tre&s;&s;e in his hands, in &s;afe|gard till the Defendant hath &s;atisfied the Plaintiff of the condemnation, 22 <HI>A&s;&s;. 72. F. N. B.</HI> 165. and 4 <HI>H. 6. fol. 17. Action.</HI></P>
<P>The Bailiff upon this precept is to do his utmo&s;t en|deavour to levy the Money upon the Goods and Chat|tels of the Defendant, and for that purpo&s;e to enquire and &s;earch if he can finde out any Goods and Chattels of his, whereof Execution may be made; and it will be wi&s;edome in the Plaintiff to make a diligent &s;earch, to &s;ee if he can finde out any thing to be taken
<PB N="33" REF="28">
hold of, and if he can di&s;cover any, to direct the Bay|liff to it, who <HI>ex officio</HI> is to take it, and to &s;ell it; and if he cannot &s;ell it, he is to return it &s;o, and thereupon a Precept called a <HI>Venditioni exponas</HI> &s;hall be &s;ent to the Bayliff, to force him to &s;ell it, and pay the Plain|tiff.</P>
<P>Goods taken in Execution, mu&s;t be prai&s;ed, and Exe|cution made of them, 27. <HI>A&s;&s;.</HI> 72.</P>
<P>Where erroneous Judgment is given, the Officer which doth the Execution is excu&s;ed, 22. <HI>A&s;&s;. 64. Plowden</HI> 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 Ju|ri&s;diction, there Tre&s;pa&s;&s;e lyes again&s;t the Officer, for executing it&punc; but if Judgment be there but erroneous; and &s;o void, fal&s;e Judgment lyes, and no Tre&s;pa&s;&s;e a|gain&s;t the Officers, <HI>Plowdens com.</HI> 394.</P>
<P>If after Judgment a man doth &s;ell his goods, to defraud me of my Execution, and neverthele&s;&s;e taketh the profits of them: if it be &s;o found, I may have Execution of the goods &s;old by fraud, 43 <HI>E. 3. fo. 2. 22. A&s;s. 72. 50 E.</HI> 3.</P>
<P>If the Bayliff hath a <HI>Fieri facias</HI> again&s;t a man, and before Execution he payeth the mony; in this ca&s;e he cannot do Execution after: if he do, an Action of Tre&s;pa&s;&s;e lyeth again&s;t him. <HI>B. R. pach. 12 Car.</HI></P>
<P>If the Sheriff open or break any Hou&s;e to do Execu|tion at the Suit of a common per&s;on, the Execution is good, but the party, who&s;e Hou&s;e is broken, may have an Action of Tre&s;pa&s;&s;e again&s;t him for the breaking of the Hou&s;e, <HI>Co.</HI> 5. 93. 3.</P>
<P>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, <HI>Co. 5. 90. 4. 67. 11. 40. 20 H.</HI> 6. 24. 4.</P>
<P>If a man hath a Judgment in this Court again&s;t the Plaintiff, or the Defendant, and the Execution is de|ferred in favour of him, the party grieved may have a Writ <HI>de executione Judicii</HI> from above, to ha&s;ten it. <HI>F. N. B.</HI> 120.</P>
<P>This Writ <HI>de executione Judicii</HI> is directed to the She|riff, in who&s;e county the execution ought to be done, &amp;
<PB N="34" REF="29">
if he will not doe Execution, the Complainant &s;hall have an <HI>Alias</HI> and a <HI>Plures,</HI> with this clau&s;e in the Writ of <HI>Plures (or &s;ignifie unto us the cau&s;e why, &amp;c.)</HI> And if he do not Execution upon this Writ, or return not &s;ome rea&s;onable cau&s;e wherefore he delayes the Execu|tion, the party &s;hall have an Attachment again&s;t the Sheriff returnable into the Upper Bench or Common Pleas, and mu&s;t be directed to the Coroners (return|able as above&s;aid) to an&s;wer, <HI>&amp;c.</HI></P>
<P>Goods pawned &s;hall not be taken upon Execution, for the debt of him who pawned them, during the time they are pawned, 24 <HI>H. 8. Pledg. 28. &amp; 4 E. 6. Di&s;tre&s;se,</HI> 75.</P>
<P>By <HI>Fieri facias</HI> (or <HI>Levari faoias)</HI> the Bayliff cannot break the door or che&s;t to take goods in Execution, for if he do, Tre&s;pa&s;&s;e lyes again&s;t him for the breaking onely, and not for taking the goods in Execution, 18 <HI>E. 4. fo. 4. &amp; 13 E. 4. fo.</HI> 9. by <HI>Choke,</HI> notwith&s;tand|ing, 8 <HI>E. 2. tit. Executors,</HI> 152. to the contrary.</P>
<P>If a man letteth to farm by the year, Oxen, or Cat|tel, and after the Le&s;&s;ee for years is condemned in an Action of debt, the&s;e Cattell and Oxen demi&s;ed, du|ring the term cannot, nor &s;hall not be taken in Exe|cution for this debt, 22 <HI>E. 4. fo.</HI> 10.</P>
<P>A Bayliff cannot pull the latch to open the door, if it be &s;hut, to make a Di&s;tre&s;&s;e, <HI>Co. 5. 91. 93. Dyer,</HI> 67. 224. But if the out door of the Hou&s;e be open, the Sheriff may go into the Hou&s;e and take any thing the&s;e lyable to Execution, and being come in at the open door, it &s;eemes he may break open any of the inner doors, 18 <HI>E. 4. 4. Co. 5. 90. Co.</HI> 4. 74.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Of the Replevin.</HEAD>
<P>CAttell being di&s;trained for Rent. Damage-fea&s;ant, <HI>&amp;c.</HI> the Owner of the Cattell mu&s;t goe to the County Clark (or &s;ome one of the Deputies appoin|ted in the County for the granting out Replevins) to have a Replevin directed to the Bayliffs to Replevie them, and the party mu&s;t be bound in an Obligation to the Sheriff, to pro&s;ecute his Action again&s;t him or them that did take the Cattell, and to make return of
<PB N="35" REF="29">
the &s;ame Cattell to the Di&s;trainer, if he by Ju&s;tification or Avowry do recover. And if he pur&s;ue it not, or if it be found or judged again&s;t him, then he that took the Di&s;tre&s;&s;e, &s;hall have again the Di&s;tre&s;&s;e, and that is called <HI>the return of the Bea&s;ts,</HI> and he &s;hall have in &s;uch ca&s;e a Writ from above, <HI>de Returno habendo.</HI></P>
<P>This Replevin may be returned out of the County into the Common Pleas by a Writ of <HI>Recordare.</HI></P>
<P>If the goods cannot be taken by the fir&s;t Replevin, then i&s;&s;ueth forth an <HI>Alias,</HI> then a <HI>Plures,</HI> then a <HI>Toties quoties,</HI> and if none of the&s;e will do, then a <HI>Wither|nam.</HI></P>
<P>The &s;uing of a <HI>Withernam</HI> is after this manner.</P>
<P>If the Bayliff return at the next County, upon the <HI>Toties quoties,</HI> that he cannot Replevie the Cattell, be|cau&s;e they are e&s;loyned, or that he cannot have view of the Cattell, then the Sheriff ought to make inqui|rie if it be true which is returned, and if it be &s;o &s;ound out, he &s;hall make a Precept to the Bayliff in the na|ture of a <HI>Withernam,</HI> to take as many Cattell of the other party. And if the Bayliff upon the <HI>Withernam</HI> thus awarded, return that the other party hath not any thing, <HI>&amp;c.</HI> he &s;hall have an <HI>Alias</HI> and <HI>Plures,</HI> and &s;o <HI>ad infinitum,</HI> and hath no other remedy in this Court.</P>
<P>Note, that Cattell taken in <HI>Withernam, ad valentiam,</HI> that is, to the value of the Cattell that were fir&s;t di|&s;trained, (and &s;o detained, that the Sheriff cannot ex|ecute the <HI>Replevin</HI> brought for them) is to be under|&s;tood not of the number of the Cattell fir&s;t di&s;trained, but according to their full worth and value. For other|wi&s;e he that bringeth the <HI>Replevin</HI> and <HI>Withernam</HI> will he deprived of his &s;atisfaction he ought to have in ca&s;e the Di&s;tre&s;&s;e were not lawfully taken.</P>
<P>But now to return again to the <HI>Replevin,</HI> if the thing di&s;trained be put by the Di&s;trainer in a place where the Sheriff cannot come at them to make a Replevie, he may take <HI>Po&s;se comitatus, viz.</HI> 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 &s;hall recover double for his lo&s;&s;e what ever it be.</P>
<P><PB N="36" REF="30">
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, <HI>Fitz.</HI> 6. 9.</P>
<P>He that hath the Replevin mu&s;t have either a gene|rall or &s;peciall property in the thing; as of goods pledg|ed or the like, and it mu&s;t be in him at the time of the taking, or otherwi&s;e he cannot have or maintain the Replevin for them.</P>
<P>Diver&s;e mens Cattell being taken, they may not joyn in one Replevin, but mu&s;t have &s;everall Replevins.</P>
<P>A Replevin ought to be certain in &s;etting forth the number and kinds of the Cattell di&s;trained, otherwi&s;e it is not good; becau&s;e if it be not certain, the Sheriff cannot tell how to make deliverance of the Cattell, be|cau&s;e he knows not particularly what the Cattell are that were di&s;trained, <HI>Trin. 23. Car. B. R.</HI></P>
<P>If a man taketh and impoundeth goods, a Replevin may be of more Cattell than were impounded, for if a man di&s;train Cows or Ewes, <HI>&amp;c.</HI> and they have in that Pound Calves or Lambs the Plaintiff &s;hall have a Re|plevin for them all, and by <HI>Lit.</HI> it was adjudged, <HI>Mich. 8. E.</HI> 3. That if a man di&s;traineth and impoundeth a Sow great with pigs in the Pound, the Owner &s;hall have a Replevin for the Sow and the Pigs.</P>
<P>If Cattell be di&s;trained, and a Replevin is &s;ued, the Defendant doth avow for taking of them Damage-fea&s;ant or for Rents, Cu&s;toms, and Services, and are at i&s;&s;ue, and after the Plaintiff is non-&s;uit, or otherwi&s;e barred, he &s;hall lo&s;e his co&s;ts and damages, by the &s;tat. of 7 <HI>H. 6. cap.</HI> 5. but by the &s;tat. 21 <HI>H.</HI> 8. it is clear, <HI>Pa&s;ch. 14. Mar. Dyer.</HI> 141.</P>
<P>If a man by his Deed grant a Rent with clau&s;e of Di&s;tre&s;&s;e, and grant further that he &s;hall keep the goods di&s;trained again&s;t Gages and Pledges untill the rent be paid, yet &s;hall the Sheriff replevie the goods di&s;trained; for it is again&s;t the nature of &s;uch a Di&s;tre&s;&s;e to be ir|repleviable, and by &s;uch an intention the current of Replevins &s;hould be overthrown, to the hindrance of the Common wealth. 31 <HI>E. 3. Gage deliver. 5. Co. In&s;t. 1. fo. 145. b.</HI></P>
<P>If in this ca&s;e the taker of the Cattell ju&s;tifie the
<PB N="37" REF="30">
taking as in his Freehold, then this Court can proceed no further therein, but the cau&s;e mu&s;t be removed by a Writ out of the Chancery called a <HI>Recordare facias loque|lam,</HI> directed to the Sheriff returnable the next term fol|lowing, either into the Court of upper Bench, or Com|mon Pleas (to which the party plea&s;eth) but they are more properly belonging to the Court of Common Pleas, and this Writ mu&s;t be openly read, and allowed in the &s;ame 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 a|gain&s;t the taker of his Cattell, otherwi&s;e the taker will have a <HI>retur. habend. aver.</HI> and put him to &s;ue forth the &s;econd deliverance, which is a great di&s;advantage to the Plaintiff,</P>
<P>If a Replevin be &s;ued out, and the Defendant doth avow for taking of them Damage-fea&s;ant, or for rents, cu&s;toms, or &s;ervices; and are at i&s;&s;ue, and after the Plaintiff is Non-&s;uit, or otherwi&s;e barred, he &s;hall lo&s;e his co&s;ts and damages, Stat. 7 <HI>H. 6. cap. 5. 21 H. 8. Pa&s;c: 4. Maria, Dyer.</HI> 141.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Of the Proce&s;&s;e of this Court.</HEAD>
<P>THe Proce&s;s of this Court, are either originall, i&s;|&s;uing out before Judgment: Or Judiciall, i&s;&s;uing out after Judgment Originall is a <HI>Di&s;tringas</HI> or County Warrant, <HI>&amp;c.</HI> Judiciall Proce&s;s is onely a <HI>Fieri facias,</HI> or <HI>Execution,</HI> directed to the Bayliff, to levy the debt or damages, and co&s;t of Suit recovered, of the goods of the De&s;endant or of the Plaintiff if he be non-&s;uited.</P>
<P>The Originall Proce&s;&s;e, <HI>viz. Di&s;tringas,</HI> or County Warrant, is a Precept i&s;&s;uing out for a debt under forty &s;hillings. Its form is as followeth.</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="precept">
<OPENER><DATELINE>Y. &s;s. </DATELINE>
<SIGNED><HI>I. B.</HI> <ABBR>E&s;q</ABBR> Sheriff of the &s;aid County,</SIGNED>
<SALUTE>to all and &s;ingu|lar my Bayliffs within the &s;aid County, and their De|puties greeting.</SALUTE></OPENER>
<P>Commanding you, and every of you, that you di&s;train <HI>R. B.</HI> by his goods and chattels within the &s;aid County, &s;o that he be and appear at the next County Court to be holden at the Ca&s;tle of <HI>Y.</HI> on mun|day the 10 of <HI>J.</HI> to an&s;wer unto <HI>S. D.</HI> in an Action of debt And that you then and there certifie your doings
<PB N="38" REF="31">
herein.</P>
<CLOSER><DATELINE>Sealed with the Seal of my Office <DATE>the &s;ix|teenth day of <HI>June,</HI> in the year of our Lord 1656.</DATE></DATELINE>
<SIGNED>By the Sheriff.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>If the Defendant do not appear the next Court af|ter the <HI>Di&s;tringas</HI> executed; then farther Proce&s;&s;e i&s;&s;u|eth again&s;t him, <HI>viz.</HI> a <HI>Duces tecum</HI> to cau&s;e him to appear. If not upon the fir&s;t <HI>Duces tecum,</HI> he appear, you may have an <HI>Alias Duces tecum,</HI> and a <HI>Plures Duces tecum ad infinitum</HI> untill he appear, and no other reme|dy here. The form is thus.</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="writ">
<HEAD>Duces tecum. </HEAD>
<OPENER><DATELINE>Y. &s;&s;.</DATELINE>
<SIGNED><HI>I. B.</HI> <ABBR>E&s;q</ABBR> Sheriff, <HI>&amp;c.</HI></SIGNED>
<SALUTE>to all, <HI>&amp;c.</HI> greeting.</SALUTE></OPENER>
<P>I com|mand you and every one of you joyntly and &s;everally, that you bring with you, and have at the Ca&s;tle of <HI>Y.</HI> at my next County Court, all tho&s;e goods and Chat|tels of <HI>R. B.</HI> which late by vertue of another Precept of mine to you fir&s;t directed, you di&s;trained at the Suit of <HI>S. D.</HI> and that you farther di&s;train the &s;aid <HI>R. B.</HI> by his other Goods and Chattels in the &s;aid County, &s;o that he be at the Ca&s;tle of <HI>Y.</HI> at my next County Court to be holden on Munday the, <HI>&amp;c</HI> to an&s;wer to the &s;aid <HI>S. D.</HI> in a Plea of debt. And have you then and there this Precept.</P>
<CLOSER><DATELINE>Given under the Seal of my office <DATE>the twentieth day of <HI>July</HI> in the year, <HI>&amp;c.</HI></DATE></DATELINE></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>If you have your <HI>Di&s;tringas</HI> or <HI>Duces tecum</HI> &s;peciall. Then the form is thus
<Q><TEXT>
<BODY>
<DIV1 TYPE="writ">
<HEAD>Speciall. </HEAD>
<OPENER><DATELINE><HI>Y. &s;&s;.</HI></DATELINE>
<SIGNED>I. B. <ABBR>E&s;q</ABBR> Sheriff of the County afore&s;aid,</SIGNED>
<SALUTE>to all my Bayliffs and their Deputies in and through the County afore&s;aid; more e&s;pecially to <HI>R. S.</HI> and <HI>T. W.</HI> my Bayliffs in this behalf &s;pecially deputed, greeting, <HI>&amp;c.</HI></SALUTE></OPENER>
<P>&nbsp;</P>
</DIV1>
</BODY>
</TEXT></Q>
<HI>then proceed as in the former.</HI></P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Of the Writ of Ju&s;tices.</HEAD>
<P><NOTE PLACE="marg">3 H 6. 54. 7 E. 4. Br. Iu&s;t. 3. </NOTE>THis Writ i&s;&s;ueth out of the <HI>Chancery,</HI> directed to the Sheriff, giving him power to hold Plea in this Court, in Actions for forty &s;hillings or above: and though it be directed to the Sheriff, yet are the Suitors Judges. It is called a <HI>Ju&s;tices,</HI> becau&s;e it is a <HI>Com|mi&s;sion</HI> (and no originall) to the Sheriff to do a man Ju&s;tice and Right, and though it be <HI>quod Ju&s;tices B.</HI> yet the Sheriff is not Judge therein, but the Suitors, and a Writ of fal&s;e Judgment lyeth upon their errone|ous
<PB N="39" REF="31">
Judgment, and it requires no return, unle&s;&s;e the Action be removed by a Writ of <HI>Recordare,</HI> and then the Writ mu&s;t be returned, together with the Record, The form of the Precept upon the Writ, is as follow|eth.</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="writ">
<OPENER><DATELINE>Yo. &s;s. </DATELINE>
<SIGNED><HI>G. M.</HI> <ABBR>E&s;q</ABBR> Sheriff of the &s;aid County</SIGNED>
<SALUTE>to all and &s;ingular my Bayliffs within the &s;aid County, and to their Deputies greeting.</SALUTE></OPENER>
<P>By vertue of a Writ of <HI>Ju&s;ti|cies</HI> of <HI>Oliver Lord Protector, &amp;c.</HI> to me directed: I command you and every one of you joyntly and &s;eve|rally, that you or &s;ome of you do Ju&s;tice to <HI>I. C.</HI> &s;o that he be and appear at my next County Court to be holden at the Ca&s;tle of <HI>Y.</HI> on Munday, <HI>&amp;c.</HI> to an&s;wer unto <HI>E. L.</HI> in an Action of debt, and that you or &s;ome of you certifie your doings herein.</P>
<CLOSER><DATELINE>Sealed with the Seal of my office <DATE>the two and twentieth day of <HI>Augu&s;t</HI> in the year of our Lord, 1657.</DATE></DATELINE>
<SIGNED>By the Sheriff.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
</DIV3>
<DIV3 TYPE="section">
<HEAD>A Replevin.</HEAD>
<P>IF any goods be taken wrongfully (as before I have more at large declared) then the party grieved, may have a Replevin, which mu&s;t be made after this man|ner.</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="replevin">
<OPENER><DATELINE>Yo. &s;&s;. </DATELINE>
<SIGNED><HI>G. M.</HI> <ABBR>E&s;q</ABBR> Sheriff, <HI>&amp;c.</HI></SIGNED>
<SALUTE>to all and every my Bay|liffs, <HI>&amp;c.</HI> greeting.</SALUTE></OPENER>
<P>Becau&s;e <HI>G. A.</HI> hath comed before me, and given &s;ufficient &s;ecurity to pro&s;ecute his Suit, and make return of his goods, if return thereof &s;hall be adjudged. Therefore by vertue of my Office, I command you, and every of you, that you or &s;ome of you Replevie &amp; deliver to the afore&s;aid <HI>G. A.</HI> two kine, which <HI>H. H.</HI> hath taken and unju&s;tly detained again&s;t the &s;aid <HI>G. A.</HI> and his Pledges and al&s;o that you &s;um|mon, and take &s;afe Pledges of the &s;aid <HI>H. H.</HI> &s;o that he be and appear at the Ca&s;tle of <HI>Y.</HI> at the next County Court, there to be holden upon Munday, <HI>&amp;c.</HI> to an|&s;wer the afore&s;aid <HI>G. A.</HI> in an Action for the taking, and unju&s;t detaining of his &s;aid goods: and that you or &s;ome of you then and there make return of your do|ings, together with this Precept.</P>
<CLOSER><DATELINE>Given under the Seal of my Office, <HI>&amp;c.</HI></DATELINE></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P><PB N="40" REF="32">
And if the Cattell be not delivered by vertue of the &s;aid Replevin, then the Plaintiff may have an <HI>Alias</HI> Replevin, with the&s;e words <HI>vel cau&s;am mihi &s;ignifie.</HI> with which Replevin mu&s;t be made after this man|ner.</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="replevin">
<OPENER><DATELINE>Yo. &s;s.</DATELINE></OPENER>
<HEAD>Alias. Reple|vin. </HEAD>
<OPENER><SIGNED><HI>G. M.</HI> <ABBR>E&s;q</ABBR> <HI>&amp;c.</HI></SIGNED>
<SALUTE>to all and &s;ingular my Bayliffs, <HI>&amp;c.</HI> greeting.</SALUTE></OPENER>
<P>Becau&s;e <HI>G. A.</HI> hath comed before me and given &s;ufficient &s;ecurity to pro&s;ecute his Suit, and make return of his goods, if return thereof &s;hall be ad|judged; Therefore by vertue of my Office, I command you, and every of you, as formerly I have commanded you, that you or &s;ome of you Replevie, and deliver to the &s;aid <HI>G. A.</HI> two Kine, (without delay you cau&s;e to be replevied, or the cau&s;e to me you &s;ignifie wherefore my Mandates to you therefore directed, execute you would not, or might not) which <HI>H. H.</HI> hath taken and unju&s;tly detained, <HI>&amp;c. as before in the other Re|plevin.</HI></P>
</DIV1>
</BODY>
</TEXT></Q>
<P>And if the Cattell be not delivered upon this Re|plevin, nor &s;hew &s;ufficient cau&s;e why he did not: then the Party may have a <HI>Plures</HI> Replevin, <HI>vel cau|&s;am mihi &s;ignific.</HI> which mu&s;t be made <HI>verbatim</HI> as the <HI>Alias</HI> Replevin was made; and if return be made upon any of the&s;e <HI>Replevins, quod averia elongat. &s;unt ad loca &s;ibi ignot. ita quod averia ill' praef. G. A. non potuit deli|berar.</HI> then the Plaintiff may have a <HI>Withernam,</HI> which mu&s;t be made in this manner. 
<Q><TEXT>
<BODY>
<DIV1 TYPE="replevin">
<OPENER><DATELINE>Yo. &s;&s;.</DATELINE></OPENER>
<HEAD>Withernam. </HEAD>
<OPENER><SIGNED><HI>G. M.</HI> <ABBR>E&s;q</ABBR> <HI>&amp;c.</HI></SIGNED>
<SALUTE>to all, <HI>&amp;c.</HI> greeting.</SALUTE></OPENER>
<P>Becau&s;e <HI>G. A.</HI> hath com'd before me, <HI>&amp;c. (as in the former)</HI> I command you and every of you, as diver&s;e times I have comman|ded you, that you or &s;ome of you replevie and deliver to the &s;aid <HI>G. A.</HI> two Kine, which <HI>H. H.</HI> hath taken and unju&s;tly detained, and doth unju&s;tly detain as it is &s;aid, and that you upon diver&s;e of my Precepts for Replevie to be made to you directed, we have certified, that the &s;ame two Kine elongated are to places un|known, &s;o that view of the &s;ame have you could not; therefore I charge, and al&s;o command, that you take in <HI>Withernam</HI> Chattells to the value of the &s;aid two Kine, of the Chattels of the &s;aid <HI>H. H.</HI> to be delivered to the &s;aid <HI>G. A.</HI> for the two Kine afore&s;aid elongated, and al&s;o that you &s;ummon and take &s;afe Pledges of
<PB N="41" REF="32">
the &s;aid <HI>H. H.</HI> &s;o that he be and appear, <HI>&amp;c.</HI></P>
</DIV1>
</BODY>
</TEXT></Q>
<HI>as before in the Replevin.</HI></P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="replevin">
<OPENER><DATELINE>Yo. &s;&s;.</DATELINE></OPENER>
<HEAD>Alias capias in Withernam.</HEAD>
<OPENER><SIGNED><HI>G. M.</HI> <ABBR>E&s;q</ABBR> <HI>&amp;c.</HI></SIGNED>
<SALUTE>to all, <HI>&amp;c.</HI> greeting.</SALUTE></OPENER>
<P>Becau&s;e you have at my County Court held at the Ca&s;tle of <HI>Y.</HI> on Munday, <HI>&amp;c.</HI> the year, <HI>&amp;c.</HI> to me returned: that by vertue of my Warrant to you many times directed, you came to the Pound of <HI>H. H.</HI> to the place where the two Kine afore&s;aid impounded and detained were by the &s;aid <HI>H. H.</HI> and the&s;e two Kine going and elongated were before your coming out of the Pound afore&s;aid, to places to you unknown, by the afore&s;aid <HI>H. H.</HI> for which the two Kine afore&s;aid Replevie you could not; wherefore it is con&s;idered by the Court. willing to meet with the malice of him the &s;aid <HI>H. H.</HI> that the Bea&s;ts of the &s;aid <HI>H. H.</HI> be taken in <HI>Withernam</HI> to the value, <HI>&amp;c.</HI> and the&s;e to the afore&s;aid <HI>G. A.</HI> be delive|red &s;afely and &s;urely to be kept, untill to the &s;ame <HI>G. A.</HI> his Bea&s;ts afore&s;aid according to Law, you can Re|plevy, and according to the tenure of my Mandate a|fore&s;aid. Therefore you and every of you, joyntly and &s;everally I command, that you take, or, <HI>&amp;c.</HI> the Bea&s;ts of the afore&s;aid <HI>H. H.</HI> to the value, <HI>&amp;c.</HI> in <HI>Wi|thernam,</HI> and the&s;e to the afore&s;aid <HI>G. A.</HI> to be delive|red, you cau&s;e, or, <HI>&amp;c.</HI> &s;afely and &s;ecurely to be kept untill, <HI>&amp;c.</HI> and di&s;train you, or, <HI>&amp;c.</HI> the afore&s;aid <HI>H. H.</HI> &s;o that he be at the Ca&s;tle of <HI>Y.</HI> at the next County Court to be held on, <HI>&amp;c.</HI> to an&s;wer the afore&s;aid <HI>G A.</HI> in the Plea afore&s;aid, and the an&s;wer of my Precept known, make you, <HI>&amp;c.</HI> at the next Court,</P>
<CLOSER><DATELINE>Given under the Seal of my Office, <DATE>&s;uch day and year, <HI>&amp;c.</HI></DATE></DATELINE></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P><NOTE PLACE="marg">Nota. </NOTE>Note that when a Replevin is granted, there mu&s;t be a Bond taken of him to whom it is granted, or of &s;ome other for him, with one or two &s;ureties, to appear at the next Court, and to pro&s;ecute his Suit with effect, or el&s;e 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. </P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="obligation">
<HEAD>An Obligation upon a Reple|vin.</HEAD>
<P>Know all men by the&s;e pre&s;ents, that we <HI>G. A.</HI> of <HI>Skipton</HI> in <HI>Craven</HI> in the County of <HI>Y.</HI> Gent. and <HI>I. B.</HI> of the &s;ame Town and County, Yeomen, are held and firmly obliged to <HI>G. M.</HI> <ABBR>E&s;q</ABBR> Sheriff of the County afore&s;aid in the &s;umme of 100 <HI>l.</HI> of lawfull mony
<PB N="42" REF="33">
of <HI>England,</HI> to be paid to the &s;aid <HI>G. M.</HI> or his certain Attorney, his Executors or A&s;&s;igns, to which payment well and truly to be made, we bind us, our heirs, Execu|tors and Admini&s;trators, firmly by the&s;e pre&s;ents, with our Seals &s;ealed,</P>
<CLOSER><DATELINE>Dated <DATE>the tenth day of <HI>July,</HI> in the year of our Lord 1656.</DATE></DATELINE></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P><NOTE PLACE="marg">The Condition. </NOTE>The Condition of this Obligation is &s;uch, 
  <Q>That if <HI>G. A.</HI> do appear at my next County Court to be hol|den for the County of <HI>Y.</HI> at the Ca&s;tle of <HI>Y.</HI> on Mun|day the, <HI>&amp;c.</HI> next, and do pro&s;ecute there with effect his Suit which he hath commenced again&s;t <HI>H. H.</HI> for the taking and unju&s;t detaining of two kine of the goods of him the &s;aid <HI>G. A.</HI> and to make return of the goods; if return of the &s;ame &s;hall be adjudged: That then this pre&s;ent Obligation &s;hall be void and of none effect, <HI>&amp;c.</HI></Q></P>
<P>Or thus. <LABEL>The Condition, <HI>&amp;c.</HI></LABEL>
  
  <Q>that whereas <HI>G. A.</HI> hath ob|tained from the above named Sheriff, a Replevin for the delivering of two kine and other goods di&s;trained, and detained by <HI>H. H.</HI> and others, if therefore the &s;aid <HI>G. A.</HI> do pro&s;ecute his Suit upon the &s;aid Replevin with effect, and do make return of the goods, if return thereof &s;hall be adjudged; and al&s;o to &s;ave and keep harmle&s;&s;e the &s;aid Sheriff, by rea&s;on of the &s;aid <HI>Reple|vin,</HI> to him granted, as afore&s;aid, That then this pre|&s;ent Obligation to be void, <HI>&amp;c.</HI></Q></P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>A Tolt.</HEAD>
<P><HI>TOlt,</HI> comes from the Latine word <HI>tollo, viz.</HI> to take away: It is a Precept by which a cau&s;e depending in a <HI>Weapentake,</HI> or <HI>Hundred Court,</HI> or other inferiour Court Baron, may be from thence removed into this Court; The form is this.</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="writ">
<DIV2 TYPE="part">
<OPENER><DATELINE>Yo. &s;s. </DATELINE>
<SIGNED><HI>I. B.</HI> <ABBR>E&s;q</ABBR> Sheriff of the County afore&s;aid,</SIGNED>
<SALUTE>to the Stewards, and al&s;o to the Bayliff of the Hundred of <HI>H:</HI> greeting;</SALUTE></OPENER>
<P>Whereas I am informed that you are fa|vorable, and not equall in a certain Plaint depending before you in your Court, between <HI>W. A.</HI> Plaintiff, and <HI>R. M.</HI> Defendant: therefore on the behalf of his Highne&s;&s;e the Lord Protector, and by vertue of my office, I command you and either of you, that you
<PB N="43" REF="33">
take the Plaint &s;o depending before you in your Court between the &s;aid parties, &s;o that I may have the &s;ame at my next County Court to be held at the Ca&s;tle of <HI>Y.</HI> on Munday, <HI>&amp;c.</HI> next, in the &s;ame &s;tate and Con|dition, as it is now depending before you: and that you give notice to the &s;aid parties of the &s;ame day, that they may be there ready to pro&s;ecute the &s;aid Plaint, as to Ju&s;tice and Right &s;hall appertain, and that in further pro&s;ecution of the &s;aid Plaint in your Court, you altogether &s;uper&s;ede, and no further pro|ceed therein; and this, <HI>&amp;c.</HI></P>
<CLOSER><DATELINE>given under the Seal of my Office, <DATE>the, <HI>&amp;c.</HI></DATE></DATELINE></CLOSER>
</DIV2>
<DIV2 TYPE="part">
<HEAD>The return. </HEAD>
<P>Hundred of <HI>H. &s;&s;.</HI> At the Court Baron holden at <HI>W.</HI> within the Hundred of <HI>H.</HI> afore&s;aid, upon Wed|ne&s;day the la&s;t day of <HI>Iuly,</HI> the year, <HI>&amp;c.</HI> in the time of <HI>I. B.</HI> <ABBR>E&s;q</ABBR> Sheriff of the County afore&s;aid.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>The Plaint. </HEAD>
<P><HI>W. A.</HI> Plaintiff, complains of <HI>R. M.</HI> Defendant in a Plea of debt, damages twenty &s;hillings.</P>
<P>By vertue of this Precept to us directed, to be re|corded and taken, we have cau&s;ed the Plaint depen|ding before us in our Court, betwixt the parties above named, and in the &s;ame &s;tate and condition, as it is now depending; and to the &s;ame parties we have pre|fixed and given notice, that they be at the County Court within written, at the day and place within mentioned, to pro&s;ecute the &s;aid Plaint, as to Ju&s;tice and Right &s;hall appertain, and as this Precept exacts and requires; In te&s;timony whereof we have hereun|to &s;et our Hands and Seals, <HI>&amp;c.</HI></P>
<CLOSER><SIGNED><LIST>
<ITEM>I. S. <HI>Steward.</HI></ITEM>
<ITEM>T. L. <HI>Bayliff.</HI></ITEM>
</LIST></SIGNED></CLOSER>
</DIV2>
</DIV1>
</BODY>
</TEXT></Q>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Judiciall Proce&s;&s;e.</HEAD>
<P>JUdiciall Proce&s;&s;e i&s;&s;ue out after Judgment, either by default, or <HI>Nihil dicit</HI> again&s;t the Defendant; or Non-&s;uit again&s;t the Plaintiff: The form of Judiciall Proce&s;&s;e or a <HI>Fieri facias</HI> is this.</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="process">
<OPENER><DATELINE>Y. &s;s. </DATELINE>
<SIGNED><HI>I. B.</HI> <ABBR>E&s;q</ABBR> Sheriff, <HI>&amp;c.</HI></SIGNED>
<SALUTE>to all and &s;ingular my Bay|liffs, <HI>&amp;c.</HI> greeting.</SALUTE></OPENER>
<P>I command you and every one of
<PB N="44" REF="34">
you joyntly and &s;everally, that of the Goods and Chat|tels of <HI>T. B.</HI> you or &s;ome of you cau&s;e to be made as well a certain debt of thirty &s;hillings which <HI>H. S.</HI> in my County Court hath recovered again&s;t him; as al&s;o 13 <HI>s.</HI> and 10 <HI>d.</HI> which to the &s;aid <HI>H. S.</HI> in the &s;ame Court were adjudged for his co&s;ts and charges about his Suit in this behalf expended, and have you the mony at the Ca&s;tle of <HI>Y.</HI> at my next County Court there to be hol|den upon Munday, <HI>&amp;c.</HI> to render to the &s;aid <HI>H. S.</HI> of the debt and damages afore&s;aid: whereof he is convict.</P>
<CLOSER><DATELINE>And this given under the Seal of my Office, <HI>&amp;c.</HI></DATELINE></CLOSER>
</DIV1>
</BODY>
</TEXT></Q><!-- stopped editing here -->
<P><NOTE PLACE="marg">Yo. &s;s. Fieri facias a|gain&s;t an Execu|tor. </NOTE><HI>I. B.</HI> <ABBR>E&s;q</ABBR> Sheriff, <HI>&amp;c.</HI> to all and &s;ingular my Bayliffs, <HI>&amp;c.</HI> greeting. I command you and every of you, joyntly and &s;everally, that you or &s;ome of you levy of the goods and chattels which late were <HI>W. W.</HI> decea&s;ed, at the time of his death, and now remaining in the hands of <HI>I. W.</HI> Executor of the Te&s;tament of the &s;aid <HI>W. W.</HI> and not admini&s;tred of, as well a certain debt of 40 <HI>l.</HI> which <HI>T. L.</HI> in my County Court by vertue of a Writ of <HI>Ju&s;ticies</HI> recovered again&s;t him: as al&s;o 20 <HI>s.</HI> which to the &s;aid <HI>T. L.</HI> in the &s;ame Court was adjudged for his co&s;ts and damages, which he &s;u&s;tained by rea&s;on of the detaining of the &s;aid debt; If the &s;aid <HI>I. W.</HI> Executor of the Te&s;ta|ment of the &s;aid <HI>W. W.</HI> have &s;o much goods or chattels <NOTE PLACE="marg">De bonis propri|is.</NOTE> in his hand, which were the &s;aid <HI>W. W.</HI> at the time of his death &s;ufficient to &s;atisfie the debt and damages afore|&s;aid: If he have not &s;o much goods or chattels in his hands which were the &s;aid <HI>W. W.</HI> at the time of his death &s;ufficient to &s;atisfie the &s;aid <HI>T. L.</HI> of the debt and damages afore&s;aid; That then you or &s;ome of you levy of the proper goods and chattels of the &s;aid <HI>I. W.</HI> the damages and co&s;ts afore&s;aid, &s;o that I may have the &s;aid mony at my next County Court, to be holden at the Ca&s;tle of <HI>Y. &amp;c.</HI> to render to the &s;aid <HI>T. L.</HI> the debt and damages afore&s;aid, whereof he is convict. And this <NOTE PLACE="marg">Yo. &s;&s;. Fieri facias up|on a Non-&s;uit for co&s;ts.</NOTE> given under the Seal of my Office, the, <HI>&amp;c.</HI></P>
<P><HI>I. B.</HI> <ABBR>E&s;q</ABBR> <HI>&amp;c.</HI> to all and &s;ingular my Bayliffs, <HI>&amp;c.</HI> greeting. I command you and every of you, that of the goods and chattels of <HI>T. O.</HI> you levy 20 <HI>s.</HI> which <HI>S. D.</HI> in the County Court (according to a Statute provided in that ca&s;e) were adjudged for his co&s;ts and damages, which he &s;u&s;tained in his own defence in a certain Plea of debt, which the &s;aid <HI>S.</HI> D. again&s;t the &s;aid <HI>T
<PB N="45" REF="34">
O.</HI> of late brought, becau&s;e the &s;aid <HI>T. O.</HI> did not pro|&s;ecute his Suit, but was thereupon non-&s;uited and convicted: &s;o that I may have the mony at my next County Court at the Ca&s;tle of <HI>Y.</HI> holden on Munday, <HI>&amp;c.</HI> next, to &s;atisfie the afore&s;aid <HI>S. D.</HI> of his co&s;ts and damages afore&s;aid; And this, <HI>&amp;c.</HI> Given under the Seal of my Office the, <HI>&amp;c.</HI></P>
<P><HI>I. B.</HI> <ABBR>E&s;q</ABBR> <HI>&amp;c.</HI> to all, <HI>&amp;c.</HI> greeting. I command <NOTE PLACE="marg"><HI>Yo.</HI> &s;&s;. Fieri facias up|on a Verdict, for the Defendant.</NOTE> you that of the goods and chattels of <HI>T. C.</HI> you levy 40 <HI>s.</HI> which to <HI>P. P.</HI> in my County Court, were adjudg|ed for his damages which he &s;u&s;tained in his own de|fence, in a Plea of debt, by the &s;aid <HI>W.</HI> again&s;t him the &s;aid <HI>P. P.</HI> lately brought, whereof the &s;aid <HI>P. P.</HI> was quieted, and by Verdict of his Country, whereof the &s;aid <HI>T. C.</HI> was convict: &amp; have you the mony at my next County Court, to be holden at the Ca&s;tle of <HI>Y.</HI> on Munday, <HI>&amp;c.</HI> to &s;atisfie the &s;aid <HI>P. P.</HI> of his damages afore&s;aid. And this, <HI>&amp;c.</HI> given under the &s;eal of my office, <HI>&amp;c.</HI></P>
<P><NOTE PLACE="marg">Fieri facias af|ter a Scire faci|cias again&s;t an Admini&s;trator upon a Verdict had again&s;t the inte&s;tate. </NOTE><HI>I. B.</HI> <ABBR>E&s;q</ABBR> <HI>&amp;c.</HI> to all, <HI>&amp;c.</HI> greeting. I command you and every of you joyntly and &s;everally, that of the goods and chattels which late were of <HI>E. S.</HI> <ABBR>E&s;q</ABBR> who dyed inte&s;tate as it is &s;aid, and now in the hands of <HI>R. M.</HI> Gent. and <HI>A.</HI> his wife Admini&s;tratrix of the goods and chattels which were the &s;aid <HI>E. S.</HI> at the time of his death remaining to be admini&s;tred; you cau&s;e to be made as well a certain debt of 4 <HI>l.</HI> which <HI>I. W.</HI> hath recovered again&s;t the &s;aid <HI>E. S.</HI> in my County Court as 30 <HI>s.</HI> which to him the &s;aid <HI>I. W.</HI> in my &s;ame Court were adjudged for his co&s;ts and damages which he had (by occa&s;ion of detaining of the &s;ame debt) by vertue of a Writ of <HI>Ju&s;tices,</HI> &s;o that I may have the &s;aid mo|ny at my next County Court to be holden at the Ca&s;tle of <HI>Y. &amp;c.</HI> to render the afore&s;aid <HI>I. W.</HI> of the debt and damages afore&s;aid, whereof the afore&s;aid <HI>E. S.</HI> was convict, And whereupon it was con&s;idered in my &s;ame Court that the afore&s;aid <HI>I. W.</HI> &s;hould have Exe|cution again&s;t the afore&s;aid <HI>R. M. &amp;c.</HI> of the debt and damages afore&s;aid, of the goods and chattels afore&s;aid by his the &s;aid <HI>R. M.</HI> his default. And this given un|der the &s;eal of my office the, <HI>&amp;c.</HI></P>
<P><NOTE PLACE="marg">Venditioni ex|ponas. </NOTE><HI>I. B.</HI> <ABBR>E&s;q</ABBR> <HI>&amp;c.</HI> to all &amp; &s;ingular my Bayliffs, <HI>&amp;c.</HI> greet|ing. I command you and every one of you joyntly and
<PB N="46" REF="35">
&s;everally, e&s;peciall to <HI>F. P.</HI> Bayliff of the Liberty of <HI>S.</HI> and his Deputies, who hath the goods taken upon an Execution i&s;&s;uing out of this Court, that tho&s;e twenty weather Sheep, of which, each, you cau&s;e to be appri|&s;ed at eight &s;hillings, of the goods of <HI>I. C.</HI> <ABBR>E&s;q</ABBR> which you took and remain in your hands un&s;old for want of buyers, as you your &s;elfreturned to my Court, you ex|po&s;e to &s;ale, and the mony thereof, which in the whole amounts to eight pounds, you have at my next County Court at the Ca&s;tle of <HI>Y.</HI> holden on Munday the tenth day of <HI>May</HI> next, to render to <HI>W. G.</HI> which to him the &s;aid <HI>W. G.</HI> in my Court were adjudged for his damages which he had by occa&s;ion of a certain Tre&s;pa&s;&s;e to him committed by the afore&s;aid <HI>I. C,</HI> brought, whereof he is convict. And this given under the Seal of my Of|fice the 18 day of <HI>October</HI> in the year of our Lord 1657.</P>
<CLOSER><SIGNED>By the Sheriff.</SIGNED></CLOSER>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Of a Scire Facias.</HEAD>
<P>IF a <HI>Fieri facias</HI> do not i&s;&s;ue out within a year and a day, after Judgment entered; it cannot be had till there be a <HI>Scire facias</HI> fir&s;t &s;ued out to &s;ummon the De|fendant to &s;hew cau&s;e why Execution &s;hould not be done, and if now he neglect to an&s;wer, or cannot be found to be &s;ummoned, then a &s;econd Judgment &s;hall be given, that that Execution be done of the fir&s;t Judgment.</P>
<P>If Judgment be given again&s;t a Te&s;tator, albeit it be within a year after. Judgment had; yet there mu&s;t fir&s;t i&s;&s;ue out a <HI>Scire facias,</HI> again&s;t the Executor or Admi|ni&s;trator (before Execution) to &s;hew cau&s;e why it &s;hould not be had.</P>
<P>Or if a man recover again&s;t a Feme-&s;ole, and &s;he become covert, <HI>viz.</HI> take a Husband within the year and the day; then he that &s;hall recover mu&s;t have a <HI>Scire facias</HI> again&s;t the Husband.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="47" REF="35">
<HEAD>Scire facias, po&s;t diem &amp; annum.</HEAD>
<P><NOTE PLACE="marg">Y. &s;&s;. </NOTE>I. B. <ABBR>E&s;q</ABBR> Sheriff, <HI>&amp;c.</HI> greeting. Whereas <HI>W. F.</HI> of late in the Court of the afore&s;aid County, by Judgment in the &s;aid Court of the County afore&s;aid, held at the Ca&s;tle of X, on Munday the tenth day of <HI>February</HI> 1654. before the Suitors of the &s;aid Court, recovered again&s;t <HI>G. L.</HI> as well a certain debt of thirty two &s;hillings, which the &s;aid <HI>W. F.</HI> in the &s;ame Court recovered again&s;t him, as thirteen &s;hillings and ten pence, which to the &s;aid <HI>W. F.</HI> in the &s;ame Court were adjudged for his damages, which he &s;u&s;tained by the occa&s;ion of the detaining of the debt, of which he is convicted, for as by the proceedings from thence in the &s;ame Court re&s;iding, notwith&s;tanding the mani|fe&s;t Execution of the afore&s;aid Judgment remains to be done, as by in&s;inuation, the afore&s;aid <HI>W. F.</HI> hath re|covered. And becau&s;e that I will that tho&s;e things which were in the &s;aid Court be rightly done, to de|mand due of the &s;aid Iudgment; Therefore I com|mand you that by hone&s;t and lawfull men of my Bay|liwick, you give notice to the afore&s;aid <HI>G. L.</HI> that he be at the Ca&s;tle of <HI>Y.</HI> at my next County Court, there to be holden upon Munday the third day of <HI>May</HI> next, to &s;hew if he have any thing to &s;ay, or no, why the &s;aid <HI>W. F.</HI> ought not to have his Levy or Execution again&s;t him, according to the force, form, and effect of the &s;aid Recovery, if it &s;eem expedient to him, and have you then and there the names of them, by whom you give him notice, and have this Precept, <HI>&amp;c.</HI> Given under the Seal of my Office the fourth day of <HI>Aprill;</HI> in the year of our Lord 1656.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD><HI>Scire facias</HI> again&s;t an Executor, after Judg|ment again&s;t the Te&s;tator.</HEAD>
<P><NOTE PLACE="marg">Y. &s;&s;. </NOTE>I. B. <ABBR>E&s;q</ABBR> Sheriff, <HI>&amp;c.</HI> greeting. Whereas <HI>N. N.</HI> late in the County Court of the &s;aid County held at the Ca&s;tle of <HI>Y.</HI> on Munday, <HI>&amp;c.</HI> before the then Sheriff of the &s;aid County, by Iudgment of the &s;aid
<PB N="48" REF="36">
Court, had recovered again&s;t <HI>H. N.</HI> as well a debt of forty pounds, as two and twenty &s;hillings and two pence co&s;ts, for his damages which he &s;u&s;tained by rea&s;on of the detaining of the &s;aid debt; whereof he is convict, as appears by the Proceedings remaining in the &s;aid Court. And whereas the Execution of the Judgment yet remaineth to be done, and the &s;aid <HI>H. N.</HI> &s;ince the giving of the Judgment afore&s;aid is dead, as by the intimation of the &s;aid <HI>N. N.</HI> I am informed. And becau&s;e I am willing that tho&s;e things, which are rightly done in the &s;aid Court, &s;hould be duly put in Execution; I command you that by hone&s;t and law|full men of the &s;aid County, you make it known to <HI>F. N.</HI> Executrix of the Te&s;tament of the &s;aid <HI>H. N.</HI> that &s;he be at the next County Court to be holden for the &s;aid County at the Ca&s;tle of <HI>Y.</HI> on Munday, <HI>&amp;c.</HI> to &s;hew if &s;he have any thing, or know what to &s;ay, why the &s;aid <HI>N. N.</HI> ought not to have his Execution a|gain&s;t her of the debt and damages afore&s;aid, to be levied of the Goods and Chattels which were of the &s;aid <HI>H. N.</HI> at the time of his death, and further to do and recieve, <HI>&amp;c.</HI> Given under the Seal of my Office, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Scire facias after marriage.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;&s;. </NOTE>I <HI>B.</HI> <ABBR>E&s;q</ABBR> Sheriff, <HI>&amp;c.</HI> greeting. Whereas <HI>A. B.</HI> late in my County Court held at the Ca&s;tle, <HI>&amp;c.</HI> before the Suitors of the &s;aid Court had recovered again&s;t <HI>C. D.</HI> as well a certain debt of forty pounds as forty &s;hil|lings, which to the &s;aid <HI>A. B.</HI> in the &s;aid Court were adjudged for the co&s;ts and damages, which &s;he had by occa&s;ion of the detaining of the debt whereof he is convicted, as by the Proceedings thereof in the &s;ame Court before the &s;aid Suitors remaining manife&s;tly ap|peareth. Neverthele&s;&s;e Execution of the &s;aid Judg|ment remaineth yet undone. And the &s;aid <HI>A. B.</HI> &s;ince the Judgment afore&s;aid given, hath taken to Husband <HI>T. R.</HI> as by the allegation of the &s;aid <HI>A. B.</HI> I am given to under&s;tand, and becau&s;e I will that tho&s;e things which are rightly acted in my &s;aid Court be duly put in Execution, I command you that by hone&s;t and
<PB N="49" REF="36">
lawfull men of your Bailiwick you give notice, and make known to the &s;aid <HI>C. D.</HI> that he be at my next County Court holden at, &amp;c. to &s;hew, that if he hath or knoweth any thing to &s;ay, or no, for him&s;elf, where|fore the &s;aid <HI>T. R.</HI> &s;hould not have execution of the &s;aid judgement of the debt and damages afore&s;aid, accord|ing to the form and effect of the recovery afore&s;aid, if to him it &s;hall &s;eem expedient, and have you there the names of them by whom you give him notice, and make known to him, and have this precept, &amp;c. Given under the &s;eal of my Office the 4. day of <HI>Iune,</HI> in the year of our Lord 1658.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Venire facias Jurator.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>I. <HI>B.</HI> E&s;quire, Sheriff of the County afore&s;aid, to the Bayliff of the hundred of <HI>O</HI> or his Deputy greeting. I command you, and every of you, that you cau&s;e to come before me, or my lawfull Steward, by me appoin|ted for the County Court to be holden at the Ca&s;tle of <HI>Y.</HI> on Monday the, &amp;c All tho&s;e &s;everall per&s;ons mentioned in the pannel hereunto annexed, to trie &s;uch &s;everal i&s;&s;ues between party and party, as &s;hall then and there be given them in charge. And hereof you mu&s;t not fail, as each of you will an&s;wer the con|trary at your perils, together with this precept. Given under the &s;eal of my Office, &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Or thus.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>I. <HI>B.</HI> E&s;quire, &amp;c. The&s;e are to require you the &s;aid Bailiff, to cau&s;e to come twelve good and lawfull men of your Bailiwick, that they be and appear at the next County Court holden at the ca&s;tle of <HI>Y.</HI> on Mon|day, &amp;c. by 9 of the clock in the forenoon to trie an i&s;&s;ue joined between <HI>A. B.</HI> plaintiff, and <HI>C. D.</HI> de&s;en|dant concerning a plea of debt. <HI>(or as the ca&s;e is)</HI> And this given under the &s;eal of my Office, &amp;c.
<Q><P>And if a full Iury do not appear, then as many as make default, &s;hall be amerced, and a <HI>Decem tales</HI> awarded to &s;ummon ten more as followeth, and the &s;ame day given to the fir&s;t Iury.</P></Q></P>
</DIV3>
<DIV3 TYPE="section">
<PB N="50" REF="37">
<HEAD>Decem tales.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>I. B. <ABBR>E&s;q</ABBR> <HI>&amp;c.</HI> The&s;e are to require you the &s;aid Bay|li&s;&s;, to cau&s;e to come ten more good and lawfull men of your Bayliwick, that they be here at the next Coun|ty Court holden at the Ca&s;tle of <HI>Y.</HI> on Munday, <HI>&amp;c.</HI> with others, which to them &s;hall be adjoyned, to try a certain I&s;&s;ue joyned between <HI>A. B.</HI> Plaintiff, and <HI>C. D.</HI> Defendant of a Plea of Debt, <HI>&amp;c.</HI></P>
<TAILNOTE>
<P><HI>And as many of the&s;e as make default &s;hall be amerced, and then an</HI> Octo tales <HI>&s;hall be awarded, and if nece&s;sity require it afterwards a</HI> Sex tales.</P>
</TAILNOTE>
</DIV3>
<DIV3 TYPE="section">
<HEAD><HI>Subpoena,</HI> or a Warrant to &s;ummon Witne&s;&s;es.</HEAD>
<P><NOTE PLACE="marg">Y. &s;&s;. </NOTE>I. B. <ABBR>E&s;q</ABBR> Sheriff of the County afore&s;aid, to <HI>I. B. I. G. &amp;c.</HI> greeting To you and every of you I command, that (all excu&s;es and delayes being &s;et apart) you and every of you be and per&s;onally appear at the next County Court holden at the Ca&s;tle of <HI>Y.</HI> on Munday the 10. day of <HI>Iune</HI> next, to te&s;tifie the truth according to your knowledge in a certain Action there depending between <HI>A. B.</HI> Plaintiff, and <HI>C. D.</HI> Defendant, on the part and behalf of the Plaintiff, in an Action of debt. And hereof fail you not, under the for&s;eiture of one hundred pounds each of you. And this given under the Seal of my Office, the, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>A <HI>Liberate</HI> to deliver goods taken upon Origi|nall or mean Proce&s;&s;e.</HEAD>
<P><NOTE PLACE="marg">County Court. &s;&s;. </NOTE>I. B. <ABBR>E&s;q</ABBR> Sheriff of the County afore&s;aid, To all and &s;ingular my Bayliffs within the &s;aid County, and their Deputies, e&s;pecially to <HI>A. B.</HI> greeting, For as much as <HI>S. &V;.</HI> hath appeared by his Attorney in this Court to an&s;wer <HI>W. N.</HI> of an Action of debt. The&s;e are therefore to will and require you immediatly
<PB N="57" REF="37">
upon the &s;ight hereof to deliver, or cau&s;e to be delive|red unto the &s;aid <HI>S. &V;.</HI> Two kine of the goods of him the &s;aid <HI>S. &V;.</HI> which you have di&s;trained, and do keep by vertue of my Warrant from this Court directed, at the Suit of the &s;aid <HI>W. N.</HI> Fail you not hereof, as you will an&s;wer the contrary. Given under the Seal of my Office, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>A Precept upon a Proclamation.</HEAD>
<P><NOTE PLACE="marg">Y. &s;s. </NOTE>I. B. <ABBR>E&s;q</ABBR> Sheriff, <HI>&amp;c.</HI> to the Bayliff of the Hundred of <HI>B.</HI> and to his Deputies greeting. By vertue of a <HI>Proclamation</HI> upon <HI>Exigent</HI> to me directed, I command you and every of you, that you or &s;ome of you make two &s;everall Proclamations. The one to be made at the generall quarter Se&s;&s;ions of the Peace to be holden for the North-riding of the County of <HI>Y.</HI> And the o|ther to be made at the Pari&s;h Church door after di|vine &s;ervice, where the &s;everall per&s;ons under-written live, and that they and every one of them yeeld their bodies to me the Sheriff of the &s;aid County, where the <HI>Exigent lyeth,</HI> to an&s;wer the per&s;on at who&s;e Suit the <HI>Exigent</HI> is again&s;t them. And hereof fail not at your perill. Given under the Seal of my Office, the two and twentieth day of <HI>Augu&s;t</HI> in the year of our Lord 1658.</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="oath">
<HEADNOTE>
<P><HI>At the Election of the Coroner, he is to be &s;worn in Court, by the County Clark, for the due Execution of his Office. In this manner.</HI></P>
</HEADNOTE>
<P>You &s;hall &s;wear, that you well and truly &s;hall &s;erve his Highne&s;&s;e the Lord Protector, and the Common-wealth in the Office of a Coroner: and as one of his Highne&s;&s;e Coroners of the County of <HI>Y.</HI> and therein you &s;hall truly &amp; diligently do, and accompli&s;h all and every thing and things appertaining to your Office, after the be&s;t of your cunning, wit, and power, both for the profit and good of the Inhabitants within the &s;aid County, taking &s;uch Fees, as you ought to take by the Laws and Statutes of this Common-wealth, and not otherwi&s;e; &s;o help you God.</P>
</DIV1>
</BODY>
</TEXT></Q>
</DIV3>
<DIV3 TYPE="section">
<PB N="52" REF="38">
<HEAD>The Oath of an Attorney in this Court.</HEAD>
<P>YOu &s;hall do no fal&s;hood, nor con&s;ent to any to be done in the Court, and if you know of any to be done, you &s;hall give knowledge thereof to the Steward, or county Clerk, that the &s;ame may be reformed; you &s;hall delay no man for lucre, or malice; you &s;hall in|crea&s;e no fees, but &s;hall be content with the old fees accu&s;tomed; you &s;hall &s;uffer no forreign or illegal &s;uits to hurt any man, nor plead or cau&s;e to be pleaded any forreign plea, but &s;uch as &s;hall &s;tand with the order of the law and your con&s;cience; you &s;hall &s;eal all &s;uch proce&s;&s;e as you &s;hall &s;ue out of this Court with the &s;eal thereof; you &s;hall not procure to be &s;ued any fal&s;e &s;uit, nor give aid nor con&s;ent to the &s;ame. And la&s;tly, you &s;hall u&s;e your &s;elfe in the office of an Attor|ney within this Court according to your learning and di&s;cretion. So help you God.</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="warrant">
<HEAD>A Warrant of Attorney.</HEAD>
<OPENER><SALUTE>To S. <HI>D.</HI> one of the Attorneys of the County Court for the County of <HI>Y. &amp;c.</HI></SALUTE></OPENER>
<P>I <HI>A. B.</HI> do hereby de&s;ire you, and do give you full power, licen&s;e, and authority, to appear for me, and for, &amp;c. in your &s;aid Court on Monday, &amp;c. in an action of debt, for, &amp;c. at the &s;uit of <HI>E. D.</HI> upon an ob|ligation, conditioned for the payment of, &amp;c. in which &s;aid obligation I &s;tand bound as principal. And this &s;hall be your &s;ufficient warrant in that behalfe. In witne&s;&s;e, &amp;c.</P>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="bond">
<HEAD>Bond for appearance.</HEAD>
<HEADNOTE>
<P><HI>It hath been formerly u&s;ed to take a bond of the defendant for his appearance in this Court: the form of the condition is thus.</HI></P>
</HEADNOTE>
<P><PB N="53" REF="38">
THe condition, &amp;c. That if the above bounden <HI>E T.</HI> do appear at the next County Court to be holden at the Ca&s;tle of <HI>Y.</HI> on monday the fir&s;t day of <HI>Ianuary</HI> next to an&s;wer <HI>H. B.</HI> in a plea of debt, and do al&s;o &s;tand to &s;uch order as the Court in that behalfe &s;hall &s;et down and adjudge according to law. That then this pre&s;ent obligation to be void &amp;c.</P>
</DIV1>
</BODY>
</TEXT></Q>
</DIV3>
<DIV3 TYPE="section">
<HEAD>A &s;ale of Goods to the Plaintiff levied upon a <HI>Fieri facias,</HI> by the Sheriffs Bailiffe.</HEAD>
<P>KNow all men by the&s;e pre&s;ents, That I, <HI>G. B.</HI> of <HI>Skipton</HI> in <HI>Craven,</HI> Bailiffe of the Li|berty or Weapentake of <HI>Slaincliffe</HI> in the County of <HI>Y.</HI> By vertue, of a precept of <HI>Fieri facias</HI> from the Sheriff to me directed, have levied of the goods and chattels of, &amp;c. the &s;um of, &amp;c. pa<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">t of a debt due to, &amp;c. levied by vertue of the precept to his u&s;e. In full &s;atisfaction of which &s;aid &s;um of, &amp;c I do by vertue of the precept or warrant to me directed as afore&s;aid, a&s;|&s;igne, &s;ell, and &s;et over unto the &s;aid, &amp;c. all the goods and chattels in the appri&s;ement hereto annexed, nomi|nated at the rate of, &amp;c. <HI>To have,</HI> &amp;c. the &s;aid goods and chattels, to him, his heirs, executors, and admi|ni&s;trators, as his or their own proper goods and chat|tels, as fully and ab&s;olutely as I the &s;aid <HI>G. B.</HI> might, could or ought to do by force and vertue of the &s;aid precept and appri&s;ement, or otherwi&s;e how&s;oever. In witne&s;&s;e whereof I have hereunto &s;et my hand and &s;eal the &s;ixteenth day of <HI>Augu&s;t</HI> in the yeare of our Lord, 1658.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>A Deputation for a Bailiff of an hundred.</HEAD>
<P>I. <HI>B.</HI> E&s;quire, Sheriffe of the County of <HI>Y.</HI> to all Chri&s;tian people to whom the&s;e pre&s;ents doth or may concern, greeting. Know ye, that I the &s;aid Sheriff, have deputed, con&s;tituted, and appointed <HI>R. D.</HI> of <HI>A.</HI> in &amp;c. my lawfull Bailiff and Deputy within the
<PB N="54" REF="39">
Hundred of <HI>B.</HI> in the <HI>North-riding</HI> in the County of <HI>Y.</HI> afore&s;aid, to have and execute the &s;aid Office of Bailiff within the &s;aid Hundred, or el&s;where within the &s;aid County of <HI>Y.</HI> as occa&s;ion &s;hal require it, during my plea&s;ure onely and no longer: and to receive and take to my u&s;e all Fees as well for Di&s;tre&s;&s;e, Attachment and Perqui&s;ites of Courts, and other profits due and accu&s;tomed what&s;oever to the &s;aid Bayliwick belong|ing, or in any wi&s;e appertaining. And what&s;oever my &s;aid Bayliff &s;hall lawfully execute and do in his &s;aid Office, I do hereby warrant, ratifie and confirme, as my own act and deed. In witne&s;&s;e whereof I have hereunto &s;et the Seal of my Office the &s;eventeenth day of <HI>Augu&s;t,</HI> 1658.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The Fees.</HEAD>
<P><TABLE>
<HEAD>The Fees to the County Clark.</HEAD>
<ROW>
<CELL>&nbsp;</CELL>
<CELL>l. s d.</CELL>
</ROW>
<ROW>
<CELL>FOr every <HI>Di&s;tringas </HI></CELL>
<CELL>00-00-08</CELL>
</ROW>
<ROW>
<CELL>Every &s;peciall <HI>Di&s;tringas</HI></CELL>
<CELL>00-01-08</CELL>
</ROW>
<ROW>
<CELL><HI>Duces tecum</HI></CELL>
<CELL>00-00 08</CELL>
</ROW>
<ROW>
<CELL>A &s;peciall <HI>Duces tecum</HI></CELL>
<CELL>00-01-08</CELL>
</ROW>
<ROW>
<CELL>The Writ of <HI>Ju&s;ticies</HI></CELL>
<CELL>00-02-06</CELL>
</ROW>
<ROW>
<CELL>The Precept upon the Writ of <HI>Ju&s;ticies</HI></CELL>
<CELL>00-02-04</CELL>
</ROW>
<ROW>
<CELL>A &s;peciall Precept upon the Writ of <HI>Ju&s;tic.</HI></CELL>
<CELL>00-04-04</CELL>
</ROW>
<ROW>
<CELL>A <HI>Replevin</HI></CELL>
<CELL>00-02-04</CELL>
</ROW>
<ROW>
<CELL>A &s;peciall <HI>Replevin</HI></CELL>
<CELL>00-05-04</CELL>
</ROW>
<ROW>
<CELL>The <HI>Bond</HI> upon the <HI>Replevin</HI></CELL>
<CELL>00-01-00</CELL>
</ROW>
<ROW>
<CELL><HI>Subpoena,</HI></CELL>
<CELL>for Witne&s;&s;es 00-00-08</CELL>
</ROW>
<ROW>
<CELL><HI>Venire facias</HI></CELL>
<CELL>00-02-00</CELL>
</ROW>
<ROW>
<CELL><HI>Habeas corpora</HI></CELL>
<CELL>00-02-00</CELL>
</ROW>
<ROW>
<CELL><HI>Fieri facias</HI></CELL>
<CELL>00-02-00</CELL>
</ROW>
<ROW>
<CELL><HI>Capias in Withernam</HI></CELL>
<CELL>00-05-04</CELL>
</ROW>
<ROW>
<CELL><HI>Scire facias</HI></CELL>
<CELL>00-02-00</CELL>
</ROW>
<ROW>
<CELL><HI>Tolt</HI></CELL>
<CELL>00-01-02</CELL>
</ROW>
<ROW>
<CELL>Precept upon an <HI>accedas ad curiam</HI></CELL>
<CELL>00-02-04</CELL>
</ROW>
<ROW>
<CELL><HI>Super&s;edeas</HI></CELL>
<CELL>00-02-04</CELL>
</ROW>
<ROW>
<CELL><HI>Procedendo</HI></CELL>
<CELL>00-02-00</CELL>
</ROW>
<ROW>
<CELL>Warrant of Attorney upon every <HI>Di&s;tringas</HI></CELL>
<CELL>00-00-02</CELL>
</ROW>
<ROW>
<CELL>Warrant of Attorney upon a <HI>Iusticies</HI></CELL>
<CELL>00-00-04</CELL>
</ROW>
<ROW>
<CELL><PB N="55" REF="39">
Entring E&s;&s;oynes for every name</CELL>
<CELL>00-00-04</CELL>
</ROW>
<ROW>
<CELL>Entring Imparlance</CELL>
<CELL>00-01-00</CELL>
</ROW>
<ROW>
<CELL>Copying the Declaration</CELL>
<CELL>00-01-00</CELL>
</ROW>
<ROW>
<CELL>Allowing the an&s;wer</CELL>
<CELL>00-01-00</CELL>
</ROW>
<ROW>
<CELL>Copying the an&s;wer</CELL>
<CELL>00-01-00</CELL>
</ROW>
<ROW>
<CELL>Allowing the Replication</CELL>
<CELL>00-01-00</CELL>
</ROW>
<ROW>
<CELL>And for copying the Replication, and allowing the Re|joynder, <HI>&amp;c.</HI> and &s;o of the re&s;t</CELL>
<CELL>00-02-00</CELL>
</ROW>
<ROW>
<CELL>Entring a Rule</CELL>
<CELL>00-00-04</CELL>
</ROW>
<ROW>
<CELL>Entring a Default by <HI>Nihil dicit</HI></CELL>
<CELL>00-00-04</CELL>
</ROW>
<ROW>
<CELL>Entring a Non-&s;uit</CELL>
<CELL>00-00-04</CELL>
</ROW>
<ROW>
<CELL>Dividing a Plaint for every name</CELL>
<CELL>00-00-04</CELL>
</ROW>
<ROW>
<CELL>Entring Judgment</CELL>
<CELL>00-02-00</CELL>
</ROW>
<ROW>
<CELL>Tran&s;cript upon a Plaint</CELL>
<CELL>00-01-08</CELL>
</ROW>
<ROW>
<CELL>Tran&s;cript upon a Writ of <HI>Iu&s;ticies</HI></CELL>
<CELL>00-03-04</CELL>
</ROW>
<ROW>
<CELL>Allowing a <HI>Recordare</HI></CELL>
<CELL>00-04-00</CELL>
</ROW>
<ROW>
<CELL>Allowing a <HI>Pone</HI></CELL>
<CELL>00-04-10</CELL>
</ROW>
<ROW>
<CELL>Allowing a Writ of <HI>Fal&s;e Iudgment</HI></CELL>
<CELL>00-06-08.</CELL>
</ROW>
</TABLE>
<TABLE>
<HEAD>Fees to the Attorney.</HEAD>
<ROW>
<CELL>FOr drawing every Declaration</CELL>
<CELL>00-01-00</CELL>
</ROW>
<ROW>
<CELL>Drawing every an&s;wer</CELL>
<CELL>00-01-00</CELL>
</ROW>
<ROW>
<CELL>Drawing the Replication</CELL>
<CELL>00-01-00</CELL>
</ROW>
<ROW>
<CELL>Drawing Rejoynder</CELL>
<CELL>00-01-00</CELL>
</ROW>
<ROW>
<CELL>Drawing Sur-rejoynder</CELL>
<CELL>00-01-00</CELL>
</ROW>
<ROW>
<CELL>For every Court day, wherein he proceeds in the Acti|on, allowed as his Fee</CELL>
<CELL>00-02-00</CELL>
</ROW>
</TABLE>
<TABLE>
<HEAD>Fees to the Bayliff for executing of Proce&s;&s;e.</HEAD>
<ROW>
<CELL>FOr executing a <HI>Di&s;tringas,</HI> of the Plaintiff</CELL>
<CELL>00-00-04</CELL>
</ROW>
<ROW>
<CELL>and of the Defendant</CELL>
<CELL>00 00-08</CELL>
</ROW>
<ROW>
<CELL>A <HI>Duces tecum</HI> of the Plaintiff</CELL>
<CELL>00 00-04</CELL>
</ROW>
<ROW>
<CELL>And of the Defendant</CELL>
<CELL>00-00-08</CELL>
</ROW>
<ROW>
<CELL>A <HI>Iu&s;ticies,</HI> of the Plaintiff</CELL>
<CELL>00-01-00</CELL>
</ROW>
<ROW>
<CELL>and of the Defendant</CELL>
<CELL>00-02-00</CELL>
</ROW>
<ROW>
<CELL>A Replevin, of the Plaintiff</CELL>
<CELL>00-02-00</CELL>
</ROW>
<ROW>
<CELL>A <HI>Venire facias</HI></CELL>
<CELL>00-02-00</CELL>
</ROW>
<ROW>
<CELL><PB N="56" REF="40">
If tried for the <HI>Habeas corpora</HI></CELL>
<CELL>00-02-00</CELL>
</ROW>
<ROW>
<CELL>A <HI>Fieri facias</HI></CELL>
<CELL>00-02-00</CELL>
</ROW>
<ROW>
<CELL>A <HI>Scire facias</HI></CELL>
<CELL>00-02-00</CELL>
</ROW>
</TABLE></P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The Order of the Judges of A&s;&s;ize, at <HI>York,</HI> the 24. day of <HI>July</HI> 1654. concerning E&s;&s;oins illegally returned into this Court.</HEAD>
<P>WHereas of late Judgements have been &s;urrep|titiou&s;ly obtained in this Court, by rea&s;on of E&s;&s;oins unduly brought into the Court, by Bailiffs or their Deputies, and others, after attachment of goods for appearance, which pretended E&s;&s;oins, being af|terwards di&s;avowed by the defendant, have occa&s;ioned &s;undry complaints, and &s;uits, when the defendants goods were taken in execution: for preventing where|of, it is ordered upon advice and con&s;ultation had with the Judges of A&s;&s;ize at <HI>Y</HI> this day, that hence|forth no common E&s;&s;oin &s;hal be entred and allowed by the Court to &s;ave a default, unle&s;&s;e it be warranted in writing, under the proper hand-writing, or under the hand, &s;eal, or mark of the defendant, thereby &s;pecially authorizing the party being the E&s;&s;oiner to ca&s;t &s;uch E&s;&s;oin for him, and in his name; for the truth of which &s;ub&s;cription, or &s;ealing, the &s;ame E&s;&s;oin is to be &s;worn in open Court, and no E&s;&s;oin is to be admitted, or received from henceforth being not affirmed, and &s;worn unto, and &s;o entred upon the back of the war|rant of attachment, which is to remain upon the file among&s;t the Rolls or proceedings of the Courr, and if any other per&s;on (not being a Bailiff) &s;hall be the E&s;&s;oiner, he is to bring the like warrant from the Defendant in writing as is afore&s;aid, and be &s;worn for the truth thereof, which is to remain in Court as afore&s;aid: And no&punc; jugdement &s;hall be given where there is no other appearance but an e&s;&s;oin: Unle&s;&s;e the E&s;&s;oin &s;hall appear to be warranted as afore|&s;aid.</P>
<TAILNOTE>
<P><PB N="57" REF="40">
<NOTE PLACE="marg">Nota.</NOTE><HI>To &s;wear to warrant E&s;&s;oyns in this Court is contrary to the Statute of</HI> Marlbridge. cap. 19. <HI>which &s;aith,</HI> De e&s;&s;oniis autem provi&s;um e&s;t, quod in Com. &amp;c. nullus habeat nece&s;&s;e jurare pro E&s;&s;onio &s;uo warrantizand.</P>
</TAILNOTE>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Of the nature and Return of tho&s;e Writs that do remove actions out of this Court into &s;uperiour Courts.</HEAD>
<P>WRits removing &s;uits out of this Court, may be without &s;hewing cau&s;e in the writ, if the remove be by the Plaintiff, but not without &s;hewing good cau&s;e, if it be by the Defendant. As that the &s;uit 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 cau&s;e one, to render an ac|compt, or tre&s;pa&s;s <HI>vi &amp; armis,</HI> all which are not within the cognizance of the Court. Or that he be|fore whom the action depends, is a favourer of him that is on the other &s;ide, or that the Defendant avow|eth for damage fea&s;ant, and the Plaintiff doth ju&s;tifie for common of pa&s;ture, which is a plea touching Freehold, and thrrefore the pro&s;ecution in this Court cea&s;eth.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Fir&s;t of a <HI>Recordare facias loquelam.</HI></HEAD>
<P><NOTE PLACE="marg">Recordare fa|cias loquelam. </NOTE>A <HI>Recordare</HI> is a writ i&s;&s;uing out of the Chancery directed to the Sheriff, commanding him to &s;end a plaint that is before him in his County Court, with|out writ of <HI>Iu&s;ticies</HI> into the Court of <HI>&V;pper Bench,</HI> or <HI>Common Pleas,</HI> to the end that the cau&s;e may be there determined. And the Shiriff is hereupon to &s;um|mon the other party to be in that Court (into which the
<PB N="58" REF="41">
Plaint is to be &s;ent) 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 &s;ame Court.</P>
<P><NOTE PLACE="marg">The Return. </NOTE>By vertue of this Writ to me directed, at my County of <HI>Y.</HI> held at the Ca&s;tle of <HI>Y.</HI> within written (&s;uch a day and year) to be Recorded, I cau&s;ed the Plea, of which within is made mention, which appears in a <HI>Schedule</HI> to this Writ annexed, and that Record I have before the <HI>Iu&s;tices</HI> within written, at the day and place within contained, under my Seal and the Seals of <HI>W. H. E. R. &amp;c.</HI> four good and legall Knights of the &s;ame County, of them who at the Record pre&s;ent were, and to the parties within written that day I have prefixed, that then they be there in that Plea, as ju&s;t it may be to pro&s;ecute, as within to me is commanded.</P>
<P>The re&s;idue of the Execution of this Writ appears in a certain <HI>Schedule</HI> to this Writ annexed.</P>
<P><NOTE PLACE="marg">The Shcedule. </NOTE>At my County Court held at the Ca&s;tle of <HI>Y.</HI> in the County afore&s;aid, &s;uch day and year, before <HI>I. R. M. L. I. S.</HI> and <HI>S. D.</HI> four Suitors of the &s;aid Court among&s;t other matters is contained.</P>
<P><NOTE PLACE="marg">Y. &s;&s;. The Plea. </NOTE><HI>R. S.</HI> complaineth again&s;t <HI>B. W.</HI> of a Plea of debt, <HI>(or as the ca&s;e requires) I. B.</HI> <ABBR>E&s;q</ABBR> Sheriff <HI>pledg.</HI> of <HI>pro&s;ec. I. S. I. D.</HI> In te&s;timony of, <HI>&amp;c.</HI></P>
<P><NOTE PLACE="marg">Or thus. </NOTE>By vertue of this Writ to be recorded, I have cau&s;ed the Plea which is in my County, without Writ of <HI>Oli|ver</HI> Lord Protector, <HI>&amp;c.</HI> betwixt <HI>A. B.</HI> and <HI>C. D.</HI> con|cerning the Bea&s;ts of him the &s;aid <HI>A. B.</HI> taken, and un|ju&s;tly detained, as it is &s;aid, and that Record I have be|fore the Ju&s;tices within written, at the day and place within contained under my &s;eal and the &s;eals of <HI>E. B. S. D. R. B</HI> and <HI>I. L.</HI> four legall Knights of my Coun|ty, of tho&s;e who at the Record pre&s;ent were, as it ap|peareth in a certain <HI>Schedule</HI> to this Writ annexed, ac|cording to the Exigency of this Writ.</P>
<P>At my County held, <HI>&amp;c, as before.</HI></P>
<P>By vertue of this Writ in form within written, I came to the Court within written, and in that full Court to be recorded cau&s;ed the plea within written, and that Record as it appeareth in a <HI>Schedule</HI> to this Writ an|nexed, I have before the Ju&s;tices within written, at the day and place within contained, and to the parties
<PB N="59" REF="41">
within written that day have prefixed, that then they be there, in that Plea, as ju&s;t it may be to proceed, as within to me is commanded.</P>
<P><NOTE PLACE="marg">The Schedule. </NOTE>A. B. complaines of C. D. in a Plea of taking of the Bea&s;ts of him the &s;aid A. B. in te&s;timony of which matter, E. B. S. D. I. W. and I. R. four legall men of tho&s;e who at the Record pre&s;ent were in full Court at the Ca&s;tle of <HI>Y.</HI> in the County afore&s;aid, the tenth day of <HI>Aug</HI> in the year, <HI>&amp;c.</HI> to the &s;ame Record their Seals &s;everally have put the day and year above&s;aid.</P>
<P><NOTE PLACE="marg">Nota. </NOTE>Note, that though the Plea be di&s;continued in the County, yet the Plaintiff or Defendant may remove the Plaint into the Common Pleas or Upper Bench by a <HI>Recordare, &amp;c.</HI> and it &s;hall be good, and he &s;hall de|clare upon the &s;ame. And the Court &s;hall hold Plea upon the fame Plaint; for if the Plaint be continued in the County, and i&s;&s;ue joyned upon it, yet nothing &s;hall be removed but only the Plaint, and in the Common Pleas the Plaintiff may declare anew, <HI>&amp;c.</HI></P>
<P>Likewi&s;e if the <HI>Recordare</HI> bear date before the Plaint was entred in the County, it is good enough, and the Record is well removed.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The nature of a <HI>Pone.</HI></HEAD>
<P>A <HI>Pone</HI> doth nothing differ from a <HI>Recordare,</HI> but that a <HI>Pone</HI> is allwayes to remove &s;uch Suits as are before the Sheriff by Writ of <HI>Iu&s;ticies,</HI> and not by Plaint onely; but the <HI>Recordare</HI> is to remove the Suit that is by Plaint onely without Writ. <HI>F. N. B.</HI> 70. 11.</P>
<P><NOTE PLACE="marg">The Return. </NOTE>By vertue of this Writ to me directed, I have put before the Ju&s;tices, <HI>&amp;c.</HI> of the Common Bench at <HI>We&s;tmin&s;ter,</HI> the Plea which is in my County by Writ of his Highne&s;s the Lord Protector of <HI>Iu&s;ticies,</HI> betwixt <HI>A. B.</HI> and <HI>C. D.</HI> of a Plea of debt, as it is &s;aid, as it ap|peareth in a certain <HI>Schedule</HI> to this Writ annexed, <HI>&amp;c.</HI></P>
<P><NOTE PLACE="marg">The Schedule. </NOTE>At my County Court held at the Ca&s;tle of <HI>Y.</HI> in the County afore&s;aid, upon Munday the twelfth day of <HI>Augu&s;t,</HI> in the year of our Lord 1658. <HI>&amp;c. A. B.</HI> com|plaineth of <HI>C. D.</HI> of a Plea of debt, in te&s;timony of which matter, <HI>R. L. S. R. T. O.</HI> and <HI>S. D.</HI> four legall men of tho&s;e who at the Record pre&s;ent were in full
<PB N="60" REF="42">
Court their &s;eals &s;everally have put, the day and year above&s;aid.</P>
<P><NOTE PLACE="marg">The Plea by Writ. Nota. </NOTE><HI>A. B.</HI> complaineth of <HI>C. D.</HI> of a plea of debt, 20 l. </P>
<P>That if a plea be removed by <HI>Pone</HI> at the &s;uit of the Defendant, or Plaintiff, and afterwards they proceed in this Court in the plea, and give judgement and award execution, &amp;c. then the Defendant, or he a|gain&s;t whom the judgement was given, and execution awarded &s;hall have an attachment again&s;t the Sheriff directed to the Coroner, to an&s;wer as well his High|ne&s;s the Lord Protector, for the contempt, as the party his damages, &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Of the Writ of Prohibition.</HEAD>
<P>THe Writ of Prohibition is of the &s;ame nature of a <HI>Recordare,</HI> and a <HI>Pone,</HI> but not in u&s;e.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Of the Con&s;ultation, or <HI>Procedendo.</HI></HEAD>
<P>THe&s;e two Writs are both of one nature, though the Writ of <HI>Con&s;ultation</HI> be <HI>ob&s;olete,</HI> and the writ of <HI>Pro|cedendo</HI> &s;tept up into its place; it lieth where a cau&s;e hath been formerly removed by <HI>Pone</HI> or <HI>Recordare</HI> from this Court into the <HI>&V;pper Bench,</HI> or <HI>Common Pleas,</HI> and for want of &s;ufficient cau&s;e of removeall is &s;ent back again, <HI>Fitz. old Natura brevium</HI> 50.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The nature of a Writ of Fal&s;e Judgement.</HEAD>
<P>A Writ of <HI>&s;alfe Iudgement</HI> lieth where an erroneous Judgement is given in this Court, (being no Court of Record) then the party grieved by the Judg|ment, may have this Writ, and remove all proce&s;&s;e of the &s;uit into the <HI>Common Bench,</HI> and there it &s;hall be examined, if it be found erroneous, the Judgement &s;hall be rever&s;ed, and the &s;uiters of the Court who gave the Judgement amerced.</P>
<P><NOTE PLACE="marg">Nota. </NOTE>Note, that a Writ of fal&s;e 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, <HI>F. N. B. 43. H.</HI></P>
<P><PB N="61" REF="42">
By vertue of this Writ to me directed, to be Recor|ded, <NOTE PLACE="marg">The Return.</NOTE> I have cau&s;ed the Plea (which is in my County) together with the proceedings and the Judgement, be|twixt the parties beneath, and to the &s;ame parties day have prefixed, to be before the Ju&s;tices within written, at the day &amp; 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.</P>
<P><NOTE PLACE="marg">The Schedule. </NOTE>A Plaint by Writ in the County Court, holden at the Ca&s;tle of <HI>Y.</HI> in the County afore&s;aid, on Monday the 23. day of <HI>Augu&s;t,</HI> the year, &amp;c. before the Suitors of the &s;ame Court, in the time of <HI>I. B.</HI> E&s;quire, Sheriff of the County afore&s;aid, according to the Cu&s;toms and Priviledges of the &s;ame Court (time whereof the me|mory of man is not to the contrary) have been u&s;ed and approved in the &s;ame.</P>
<P><NOTE PLACE="marg">Writ of Ju&s;ticies </NOTE>At this Court came <HI>A. B.</HI> in his proper per&s;on, and brought here into Court a Writ of his Highne&s;&s;e the <HI>Lord Protector</HI> of <HI>Iu&s;ticies,</HI> which &s;aid Writ follows in the&s;e words: <HI>O LIVER Lord Protector of, &amp;c. To the Sheriff of Y. greeting.</HI> A. B. <HI>hath complained to us, that</HI> C. D. <HI>upon him the &s;aid</HI> A. B. <HI>at the Ca&s;tle of</HI> Y. <HI>hath made an a&s;&s;ault, and hath beaten, wounded, and evil intreated him, &s;o that of his life it was de&s;paired, and hath done him other wrongs, to the great damage and grievance of the &s;aid</HI> A. B. <HI>and therefore we command you, that you hear the &s;aid plaint, and after cau&s;e them to be therefore brought to ju&s;tice for the &s;ame, that we hear no more complaint therein for want of ju|&s;tice. Witne&s;&s;e our &s;elves at We&s;tmin&s;ter the 10. day of Au|gu&s;t in the year of our Lord</HI> 1656. And thereupon found Pledges to pro&s;ecute the &s;aid plaint, that is to &s;ay, <HI>Io. Doo.</HI> and <HI>Ric. Roo.</HI> And thereupon the &s;aid <HI>A. B.</HI> put in his place <HI>S. D</HI> his Attorney in the plaint afore&s;aid, and by his &s;aid Attorney required proce&s;&s;e to be made to him upon the &s;ame: And it was commanded by the &s;aid <HI>I. B. E&s;quire, Sheriff of the &s;aid County, to all and &s;in|gular</HI> <NOTE PLACE="marg">Warrant upon the writ.</NOTE> <HI>his Bailiffs jointly and &s;everally, and their Deputies, that they or &s;ome of them &s;hould do ju&s;tice to the &s;aid</HI> C. D. <HI>&s;o that he &s;hould be and appear at the next County Court to be holden at the Ca&s;tle of</HI> Y. <HI>on Monday the 20. day of Septem|ber, then next in the year afore&s;aid, to an&s;wer the &s;aid</HI>
<PB N="62" REF="43">
A. B. <HI>in the plaint afore&s;aid.</HI> At which day came the &s;aid <HI>A. B.</HI> by his Attorney afore&s;aid, and offered him&s;elfe again&s;t the &s;aid <HI>C. D.</HI> in the plaint afore&s;aid; and then and there came <HI>I. P.</HI> one of the Bailiffs in the County afore&s;aid, of the &s;aid <HI>I. B.</HI> Sheriff of the &s;aid County, and returned the &s;aid precept &s;o directed as <NOTE PLACE="marg">E&s;&s;oin. De male vener.</NOTE> afore&s;aid, &s;erved and executed on him: and the &s;aid <HI>C. D.</HI> did <HI>E&s;&s;oin,</HI> becau&s;e he could not come until the next County Court, to be holden at the Ca&s;tle afore|&s;aid, at which &s;aid next Court <HI>(viz.)</HI> on Monday the 10, day of <HI>October</HI> then next following, in the year a|bove&s;aid, came the afore&s;aid <HI>A. B.</HI> by his Attorney afore&s;aid, and offered him&s;elf again&s;t the &s;aid <HI>C. D.</HI> in the plaint afore&s;aid, and the &s;aid <HI>C. D.</HI> then and there came in his proper per&s;on to an&s;wer the afore&s;aid <HI>A. B.</HI> in the plaint afore&s;aid, and put in his place <HI>I. R.</HI> his Attorney again&s;t the &s;aid <HI>A. B.</HI> in the plaint afore|&s;aid, and by his &s;aid Attorney de&s;ired of the &s;aid Court, that the &s;aid <HI>A. B.</HI> &s;hould declare again&s;t him upon his &s;aid plaint: and thereupon the &s;aid <HI>A. B.</HI> by his Attorney afore&s;aid declared again&s;t the &s;aid <HI>C. D.</HI> upon the plaint afore&s;aid in manner and form fol|lowing. <NOTE PLACE="marg">Yo. &s;s. Declaration.</NOTE></P>
<P><NOTE PLACE="marg">Emparlance. </NOTE>A. B. <HI>By vertue of a writ of Iu&s;ticies by</HI> S. D. <HI>his At|torney complains of</HI> C. D. <HI>of an action of tre&s;pa&s;&s;e and a&s;|&s;ault, for that the &s;aid</HI> C. D. <HI>the 10. day of</HI> October <HI>in the year, &amp;c. at the Ca&s;tle, &amp;c. in and upon the afore&s;aid</HI> A. B. <HI>did make an a&s;&s;ault and affray, and him did beat, wound, and evil intreat &s;o that he did de&s;pair of his life, and other harms did do unto him, to the great damage of the &s;aid</HI> A. B. <HI>wherefore the &s;aid</HI> A. B. <HI>&s;aith he is damnified to the value of 20 l. and thereupon brings this action, &amp;c.</HI> Whereupon at the &s;ame Court, at the reque&s;t of the Defendant, day was given to the &s;aid parties in the plaint afore&s;aid, till the next county Court, to be hol|den before the &s;uitors afore&s;aid on Monday the 15. day of <HI>November</HI> then next following, &s;aving to the Defen|dant, &amp;c. at which day at the &s;aid Court before the &s;uitors afore&s;aid, holden at the Ca&s;tle of <HI>Y.</HI> afore&s;aid, came a&s;well the &s;aid <HI>A. B.</HI> by his Attorney afore&s;aid, as the &s;aid <HI>C. D.</HI> by his Attorney afore&s;aid, and then and there the &s;aid <HI>I. B.</HI> E&s;quire, was removed from
<PB N="63" REF="43">
the office of Sheriff of the County afore&s;aid, and <HI>R. L.</HI> E&s;quire was duly elected, and did enter into the &s;aid office of Sheriff of the County of <HI>Y.</HI> afore&s;aid, where|upon at the &s;ame Court, at the reque&s;t of the parties, further day was given to the &s;aid parties in the plaint afore&s;aid, until the next County Court, on Monday the 13. day of <HI>December</HI> then next following, in the year above&s;aid, to be holden before the &s;uitors afore|&s;aid, &s;aving to the parties, &amp;c. at which day, at the &s;aid Court, before the &s;uitors afore&s;aid, holden <NOTE PLACE="marg">Non &s;um in|formatus.</NOTE> at the Ca&s;tle afore&s;aid, came a&s;well the &s;aid <HI>A. B.</HI> by his &s;aid Attorney, as the &s;aid <HI>C. D.</HI> by his Attorney afore&s;aid, And the &s;aid <HI>C. D.</HI> by his Attoruey afore&s;aid, came and defended the injury when, &amp;c. And the &s;aid Attorney &s;aid that he was not informed by his &s;aid Clyent of any an&s;wer for him the &s;aid <HI>C. D.</HI> to the &s;aid <HI>A. B.</HI> in the plaint afore&s;aid to be given, whereby the &s;aid <HI>A. B.</HI> did remain again&s;t the &s;aid <HI>C. D.</HI> thereupon without defence, for which the &s;aid <HI>A. B.</HI> ought to recover again&s;t the &s;aid <HI>C. D.</HI> his damages by occa&s;ion of the tre&s;pa&s;&s;e, and a&s;&s;ault, and wounding afore&s;aid; but becau&s;e it was not known <NOTE PLACE="marg">Iury to inquire of damages.</NOTE> to the Court what damages the &s;aid <HI>A. B.</HI> had &s;u&s;tai|ned by rea&s;on of the premi&s;es: therefore at the next County Court holden at the Ca&s;tle of <HI>Y.</HI> afore&s;aid, in the County afore&s;aid, before the Suitors afore&s;aid, upon Monday the 10. day of <HI>Ianuary</HI> then next follow|ing in the year afore&s;aid, it was required by the oaths of <HI>I. W. R. S. S. G. M. L. T. P.</HI> &amp;c. twelve good and lawfull men of the County afore&s;aid, being pre&s;ent in the Court, and in the full County &s;worn to inquire what damages the &s;aid <HI>A. B.</HI> &s;u&s;tained by occa&s;ion of the tre&s;pa&s;s &amp; a&s;&s;ault &amp; wounding &s;ay upon their oaths that the &s;aid <HI>A. B.</HI> hath &s;u&s;tained damages by occa&s;ion of the tre&s;pa&s;s &amp; a&s;&s;ault, and wounding, to ten pounds, and for his co&s;ts and charges by him in that behalfe expended to two pence, therefore it was con&s;idered by the &s;aid Court, that the &s;aid <HI>A. B.</HI> &s;hould recover again&s;t the &s;aid <HI>C. D.</HI> his damages and co&s;ts afore&s;aid, by the Jurors afore&s;aid, in form afore&s;aid a&s;&s;e&s;&s;ed; and al&s;o forty &s;hillings by the Court afore&s;aid, to the &s;aid <HI>A. B.</HI> by his a&s;&s;ent, for increa&s;e of co&s;ts to him ad|judged,
<PB N="64" REF="44">
which &s;aid damages and co&s;ts do amount to twelve pounds and two pence. And the &s;aid <HI>C. D.</HI> in mercy, &amp;c. In te&s;timony whereof, &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The nature of an <HI>Accedeas ad curiam.</HI></HEAD>
<P>THis Writ i&s;&s;ues out of the Chancery, directed to the Sheriff, commanding him to go to &s;uch a Court of &s;ome Lord or Franchife, as Court-Baron, or the like (being no Court of Record) where a Plaint is &s;ued, or a fal&s;e judgement is &s;uppo&s;ed to be given in &s;ome &s;uit, which hath been in the Court, and by this the Sheriff is there to make Record of the &s;ame &s;uit, in the pre&s;ence of the Suitors of the &s;ame Court, and four lawfull men of the County, and of this he is to make a Certificate into the Court above under his &s;eal, and the &s;eals of four of the Suitors of the &s;ame Court, at the day appointed by the writ, <HI>F. N. B. 71. Plowden 74. Finch.</HI> 444.</P>
<P>This Writ cannot be had without &s;hewing &s;ome &s;pe|cial cau&s;e for the removing of it: as that a <HI>Freehold</HI> is in que&s;tion there, or &s;ome forreign plea is pleaded not triable in that Court, or &s;uch like, <HI>F. N. B.</HI> 70. 119.</P>
<P>The County Clerk is to make a precept upon the Writ in this manner:</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="writ">
<P><HI>Yo &s;s. I. B.</HI> E&s;quire, Sheriff of the County of <HI>Y.</HI> <NOTE PLACE="marg"><HI>Precept upon an</HI> Accedeas ad curiam.</NOTE> To the Steward and Bailiff of the Court of the Honour of <HI>P.</HI> greeting. I command you by vertue of a Writ to me directed, that you take with you four di&s;creet and lawfull Freeholders of the County afore&s;aid, and that you go to the Court afore&s;aid, and in full Court there cau&s;e the Plaint to be recorded, which is in the &s;ame Court without Writ, between <HI>R S.</HI> and <HI>G. M.</HI> of a certain tre&s;pa&s;&s;e upon the ca&s;e brought by the &s;aid <HI>R. S.</HI> again&s;t the &s;aid <HI>G. M.</HI> as is afore&s;aid, And that you certifie the Record to me, &s;o that I may have the &s;ame before the Ju&s;tices of the Common Bench at <HI>We&s;tmin|&s;ter,</HI> from the day of the holy Trinity in fifteen days under your &s;eals, and the &s;eals of four lawful men of the &s;aid Court, of tho&s;e that &s;hall be pre&s;ent at the Re|cord, and that you prefix the &s;ame day to the parties,
<PB N="65" REF="44">
that then they be there ready to proceed in the &s;aid plaint as &s;hall be ju&s;t, and have you the names of the &s;aid four men, and this Precept; fail not hereof, &amp;c. Given under the Seal of my Office this &s;econd day of <HI>Iune,</HI> in the year of our Lord, 1656.</P>
<CLOSER><SIGNED>By the Sheriff.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="return">
<P><NOTE PLACE="marg">The Return. </NOTE><HI>Honour of P. &s;s.</HI> The Court Baron of <HI>G. S. I. K.</HI> &amp;c. holden at <HI>P.</HI> for the honour of <HI>P.</HI> the 12. day of <HI>June</HI> in the year of our Lord 1656. before <HI>I. H. T. H. I. G.</HI> and <HI>R. H.</HI> &s;uicors of the &s;aid Court.</P>
<P><NOTE PLACE="marg">The Plaint. </NOTE><HI>R. S.</HI> complains again&s;t <HI>I. N.</HI> of a plea of Tre&s;pa&s;&s;e upon the ca&s;e, to the damage of 30 s.</P>
<P>By vertue of this Writ to me directed at the Court afore&s;aid holden the day and year above&s;aid, in full Court there to be recorded, I have cau&s;ed the plaint, of which within is made mention, which plaint doth appear above written; and that Record I have retur|ned, &s;ealed with my &s;eal, and the &s;eals of the afore|named four lawful men, being in the &s;aid Court pre|&s;ent at the &s;aid Record; And to the parties within written, I have prefixed the day, in the Writ &s;pecified, that then they be ready to proceed, as ju&s;t it may be in the &s;aid plaint, as within to me is commanded.</P>
<CLOSER><SIGNED><HI>W. O.</HI> Steward.</SIGNED></CLOSER>
<CLOSER><SIGNED><LIST>
<ITEM>I. H.</ITEM>
<ITEM>T. H.</ITEM>
<ITEM>I. G.</ITEM>
<ITEM>R. H.</ITEM>
</LIST></SIGNED> Suitors.</CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="record">
<P><NOTE PLACE="marg">Record to be delivered in Court. </NOTE>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 cau&s;ed the plea within written, and the Record as it appeareth in a Schedule to this Writ annexed, I have before the Ju&s;tices at the day and place within contained, under my &s;eal and the &s;eals of <HI>T. R. A. B. C. D.</HI> and <HI>E. F.</HI> four legal men of my Shire of tho&s;e who at the Record pre&s;ent were, and to the parties, &amp;c.</P>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="record">
<HEAD>Or thus, if the Record be not returned.</HEAD>
<P>By vertue of this Writ to me directed, and in my proper per&s;on, having taken with me <HI>R. S.</HI> &amp;c. good and lawfull Knights of my County, I came
<PB N="66" REF="45">
to the Court Baron of <HI>G. S. I. K.</HI> &amp;c. holden at <HI>P.</HI> for the Honour of <HI>P.</HI> 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 afore&s;aid, at <HI>P.</HI> afore&s;aid, in full Court, me the within written Sheriff the &s;aid Writ there to execute, or as to the &s;aid plea in any manner to intermit, alto|gether denied; for which execution of the Writ afore|&s;aid make I could not, &amp;c.</P>
</DIV1>
</BODY>
</TEXT></Q>
<P>It is a good return for the Sheriff to &s;ay, that <HI>after the receipt of the Writ, and before the return thereof, that no Court was holden, and that al&s;o he required the Lord to hold his Court, and he would not, &s;o as he could not execute the &s;ame.</HI></P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The Return of a Writ for the Election of a Coroner, after the death of another.</HEAD>
<P>AT my County Court held &s;uch a day and year, in full County afore&s;aid, by vertue of this Writ of the a&s;&s;ent of the &s;ame County in the place of <HI>R. O.</HI> within named who decea&s;ed is, I have cho&s;en a Coroner, <HI>viz. I. M.</HI> who (as the manner is) hath taken his oath corporal, that he will do and keep tho&s;e things which to the office of a Coroner in the County afore&s;aid, belong to be done, as within, &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The Return of the Writ of Exigent.</HEAD>
<Q><TEXT>
<BODY>
<DIV1 TYPE="writ">
<P>BY vertue of this writ to me directed at my County held at the Ca&s;tle of <HI>Y.</HI> in the County of <HI>Y.</HI> within written, on Monday, &amp;c. the year, &amp;c. within written, <HI>I. C.</HI> and the re&s;t of the Defendants within named <HI>(if there be above two in the writ)</HI> fir&s;t were exacted and appeared not, at my County of <HI>Y.</HI> there holden on Monday, &amp;c. the year afore&s;aid; the fore&s;aid <HI>I. C.</HI> and the re&s;t of the Defendants within named the &s;e|cond time were exacted and appeared not, at my Coun|ty of <HI>Y.</HI> there holden on Monday &amp;c. in the year afore|&s;aid, the &s;aid <HI>I. C.</HI> and the re&s;t of the Defendants with|in named the third time were exacted and appeared not, at my County of <HI>Y.</HI> there held on Monday, &amp;c.
<PB N="67" REF="45">
in the year afore&s;aid, the afore&s;aid <HI>I. C.</HI> and the re&s;t of the Defendants within named, the fourth time were exacted and appeared not. At my County of <HI>Y.</HI> there held on Monday, &amp;c. in the year afore&s;aid the afore|&s;aid <HI>I. C.</HI> and the re&s;t of the Defendants within named, the fifth time were exacted, and appeared not. And therefore <HI>I. C.</HI> and the re&s;t of the Defendants within named by Judgement of <HI>I W.</HI> and <HI>W. R.</HI> Gent. Coro|ners of the Common-wealth of the County afore&s;aid, according to the Law and Cu&s;tom of the Common-wealth of <HI>England</HI> outlawed are, and every of them is outlawed.</P>
<CLOSER><SIGNED><HI>I. B.</HI> E&s;quire, Sheriff.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="writ">
<P><NOTE PLACE="marg">Betwixt two Sheriffs. </NOTE>By vertue of this writ to me directed, at my County held at <HI>Y.</HI> in the County of <HI>Y.</HI> within written on Mon|day, &amp;c. in the year, within written, the &s;aid <HI>I. R.</HI> within named fir&s;t exacted was and appeared not, this Writ &s;o above indor&s;ed to be delivered was by <HI>I. B.</HI> E&s;quire, late Sheriff of the County within written, my next Predece&s;&s;or, in his going out from his office, as above upon the back of this writ, And at my County, &amp;c. <HI>as before.</HI></P>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="writ">
<HEAD>Or thus:</HEAD>
<P>This Writ &s;o above indor&s;ed, together with the Writ of <HI>Oliver</HI> Lord Protector, of &amp;c. of <HI>Super&s;edeas</HI> to it annexed to me delivered was by <HI>I. B.</HI> E&s;quire, late Sheriff of the afore&s;aid County, my next Predece&s;|&s;or, &amp;c.</P>
</DIV1>
</BODY>
</TEXT></Q>
<P><NOTE PLACE="marg">Again&s;t a woman. </NOTE>If it be again&s;t a woman, &s;he cannot be &s;aid to be outlawed, (for the rea&s;ons I &s;hewed before) but wa|ved, &s;o that the latter part of the return mu&s;t be thus, <HI>viz.</HI></P>
<P>Therefore according to law and cu&s;tom afore&s;aid, <HI>B. D.</HI> waved is.</P>
<P><NOTE PLACE="marg">Defect of the Coroner. </NOTE>By vertue, &amp;c. at my County, held on Monday, &amp;c. the &s;aid year, &amp;c. within written the afore&s;aid <HI>I. C.</HI> the fifth time exacted was, and appeared not, and for de|fect of <HI>N. B.</HI> and <HI>R, C</HI> Coroners of the County afore|&s;aid further thereupon to pro&s;ecute I could not.</P>
<P><NOTE PLACE="marg">Defect of the County. </NOTE>By vertue, &amp;c. and at my County, &amp;c. and that there were not more Counties in the County afore&s;aid held,
<PB N="68" REF="46">
from the day of the receipt of this writ, to the day of the rerurn of the &s;ame, wherefore nothing done is at pre&s;ent.</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="writ">
<HEAD>Or thus:</HEAD>
<P>And therefore in the Execution of this Writ further to be done nothing acted is.</P>
</DIV1>
</BODY>
</TEXT></Q>
<P><NOTE PLACE="marg">Super&s;edeas. </NOTE>By vertue, &amp;c. of my County afore&s;aid held on Monday, &amp;c. in the year, &amp;c. within written, the afore&s;aid <HI>C. D.</HI> the fourth time exacted was and ap|peared, and brought forth to me, the Writ of his Highne&s;&s;e the Lord Protector of the Commonwealth of, &amp;c. of <HI>Super&s;edeas</HI> which to this Writ annexed is: wherefore the execution of this Writ further to be done, I have <HI>&s;uper&s;eded</HI> altogether.</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="writ">
<HEAD>Or thus:</HEAD>
<P>As in the fore&s;aid Writ of his Highne&s;&s;e the Lord Protector of, &amp;c. of <HI>Super&s;edeas</HI> to me is commanded.</P>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="writ">
<HEAD>Or thus:</HEAD>
<P>As to exact, take outlawed, or at all mole&s;t the within named <HI>I. R.</HI> by vertue of this Writ, to the Ju|&s;tices, &amp;c. within written, at the day and place within contained I certifie, that by vertue of a certain other Writ of his Highne&s;&s;e, &amp;c. to me directed, to this an|nexed, I have <HI>&s;uper&s;eded</HI> altogether, as by that Writ to me is commanded.</P>
</DIV1>
</BODY>
</TEXT></Q>
<P><NOTE PLACE="marg">Where one ren|ders him&s;elfe, and the re&s;t ap|pear not. </NOTE>By vertue, &amp;c. at my County of <HI>Y.</HI> there held, &amp;c. the afore&s;aid <HI>I. H.</HI> and the re&s;t of the Defendants with|in named the fifth time exacted were, at which day the afore&s;aid <HI>I. H.</HI> appeared, and rendred him&s;elfe to the pri&s;on of his Highne&s;s, &amp;c. of the Ca&s;tle of <HI>Y.</HI> who&s;e body before the Iu&s;tices within written, at the day and place within contained ready I have, as within to me is commanded, but the re&s;t of the Defendants within named appeared not, therefore, &amp;c. <HI>as above.</HI></P>
<P><NOTE PLACE="marg">Rendred him&s;elfe. </NOTE>And be&s;ides <HI>I. S.</HI> who hath rendred him&s;elf to the pri&s;on of, &amp;c. of the Ca&s;tle of <HI>Y.</HI> who&s;e body before the Ju&s;tices within written, at the day and place with|in contained, ready I have, as this Writ exacteth and requireth. And be&s;ides <HI>I. C.</HI> who dead is, will not <NOTE PLACE="marg">Dead.</NOTE> appear, therefore by Judgement, &amp;c. and the afore&s;aid <HI>T. C.</HI> waved is in pre&s;ence of <HI>T. C.</HI> and <HI>F. W.</HI> Coronors <NOTE PLACE="marg">Waved.</NOTE> of, &amp;c. of the County afore&s;aid.</P>
<P><PB N="69" REF="46">
At the County, &amp;c. 1. 2. 3. 4. exacted he was, and <NOTE PLACE="marg">Languid.</NOTE> hath appeared and rendred him&s;elf to the pri&s;on of, &amp;c. of the Ca&s;tle of <HI>Y.</HI> where &s;o &s;ick he is, that fore fear of death, him before the Ju&s;tices within written, at the day and place within contained, have I cannot.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The Return of the Writ of Proclamation.</HEAD>
<P>BY vertue of this Writ to me directed at my County of <HI>Y.</HI> held at the ca&s;tle of <HI>Y.</HI> within written, on Mon|day, &amp;c. the year, &amp;c. within written, the fir&s;t time to be proclaimed I cau&s;ed; And at my County of <HI>Y.</HI> held at the Ca&s;tle of <HI>Y.</HI> afore&s;aid in the &s;aid County of <HI>Y.</HI> on Monday, &amp;c. the year, &amp;c. within written, the &s;econd time to be proclaimed I cau&s;ed; as al&s;o at the general Se&s;&s;ions of the peace held at <HI>Skipton</HI> for the <HI>We&s;t riding</HI> of the &s;aid County, within written on Tue&s;day, <HI>viz.</HI> the 12. day of <HI>Sept.</HI> afore&s;aid, the year, &amp;c. within written publickly to be proclaimed I cau&s;ed, that <HI>I. C.</HI> and all other the Defendants within named, them&s;elves to render to the within named Sheriffs of <HI>London,</HI> &s;o that the &s;ame Sheriffs have their bodies before the Ju&s;tices within written at the day and place within contained, as this Writ exacteth and requireth.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The manner of proceeding upon the Writs of <HI>Recordare, Pone, Writ of Fal&s;e Judgment,</HI> &amp;c. in the <HI>Common Pleas,</HI> after removall out of the <HI>County Court.</HI></HEAD>
<P>YOu mu&s;t repair to the County Clerk or his De|puty, and demand a Return of the Writ of <HI>Recor|dare</HI> or <HI>Pone.</HI></P>
<P>If upon the return, the Defendant appear; then mu&s;t you declare, and when your Declaration is drawn, enter it upon a <HI>roll</HI> in one of the <HI>Prothonotaries</HI> offices, and &s;ee that it be <HI>docqueted</HI> together with the <HI>number</HI> of the <HI>roll.</HI></P>
<P>If the Writ be returnable in the begining of a <HI>term,</HI> (e&s;pecially in i&s;&s;uable terms) the De&s;endant is to an|&s;wer the &s;ame term, unle&s;s the De&s;endant hath <HI>Empar|lance</HI> to plead until the following term.</P>
<P><PB N="70" REF="47">
<HI>Rules</HI> to an&s;wer mu&s;t be entred in the Remembrance in the Prothonotaries Office, entring in the Margent or over the head of the Rule, that <HI>if the Defendant do not plead</HI> (within &s;ome few dayes) <HI>let Judgement be entred.</HI> And if no plea be brought in within the time, then may you &s;ign Judgement with the <HI>Prothonotary</HI> in de|fault of an&s;wer.</P>
<P><NOTE PLACE="marg">Nota. </NOTE>If the Defendant appear not upon the return of the Writ, then may the Plaintiff have a <HI>Procedendo</HI> to car|ry the cau&s;e back again into the County Court.</P>
<P>If the Plaintiffs Attorney declare not again&s;t the De&s;endant, upon his appearance, within a rea&s;onable time of the <HI>Term:</HI> then may the Defendants Attorney enter a <HI>Rule</HI> in the <HI>Bill of Pleas</HI> again&s;t the Plaintiff to declare, and if he declare not, then may he enter a <HI>Non pro&s;ec.</HI> and &s;ign it with the <HI>Prothonotary,</HI> and co&s;ts given for the unju&s;t vexation.</P>
<P>If the Defendant plead <HI>generall i&s;sue,</HI> then mu&s;t the Attorney for the Defendant &s;et his hand to the <HI>Doquet book</HI> of the Plaintiffs Attorney, who draws up the plea, and makes a Copy of the i&s;&s;ue, and delivers it to the Defendants Attorney, and then they u&s;ually give no|tice of triall.</P>
<P>If the Defendant plead &s;pecially he is to bring it to the Plaintiffs Attorney under a <HI>Serjeants</HI> hand, and if the Plaintiff reply &s;pecially, it mu&s;t likewi&s;e be under the Serjeants hand: the like upon a <HI>Demurrer</HI> to a Declaration, and <HI>Rejoynder</HI> in Demurrer.</P>
<P><NOTE PLACE="marg">Ni&s;i prius. </NOTE>If your triall be by <HI>Ni&s;i prius,</HI> at the <HI>A&s;sizes</HI> in the Countrey, and the Jury appeare not full upon the <HI>Pannel,</HI> then may you require a <HI>Decem tales de circum|&s;tantibus. viz.</HI> ten of the &s;tanders by to fill up the Jury, or more or le&s;&s;e, as is requi&s;ite, which <HI>Tales</HI> mu&s;t be mentioned upon the return of the <HI>Po&s;tea,</HI> and the Judg|ment upon it in the I&s;&s;ue <HI>Roll.</HI></P>
<P>Having entred your Declaration with the <HI>I&s;sue</HI> joy|ned in the <HI>Prothonotaries</HI> Office, then make out a <HI>Ve|nire facias</HI> upon your I&s;&s;ue, and get &s;igned with the <HI>Prothonotary</HI> and &s;eal it; then get it returned by the Sheriff of the County where the action is laid; and upon the return of it &s;ue forth an <HI>Habeas corpora,</HI> and deliver the &s;ame to the Sheriff to &s;ummon the Jury, and get it returned before the <HI>A&s;sizes.</HI></P>
<P><PB N="71" REF="47">
In &s;uing forth your <HI>Ni&s;i prius,</HI> ingro&s;&s;e your Record, according to the copy of the I&s;&s;ue made up, and the entry of it upon the <HI>Roll</HI> in the <HI>Prothonotaries</HI> Office, and examine it; if it be upon an I&s;&s;ue joyned the &s;ame Term, who&s;e hand mu&s;t be to it, then carry the &s;ame to the <HI>Clerk</HI> of the <HI>Trea&s;ury</HI> to &s;igne and make up the <HI>Record.</HI></P>
<P>If the I&s;&s;ue was entred of a Term pa&s;t, then mu&s;t you deliver the paper Book of the I&s;&s;ue to the <HI>Clerk</HI> of the <HI>Trea&s;ury,</HI> to examine the &s;ame by the <HI>Roll,</HI> and to make up the Record; which mu&s;t be &s;igned by him, then mu&s;t it be &s;ealed with the <HI>Lord chief Iu&s;tice</HI> of the Court, and then deliver it together with the <HI>Hab: Corp: Iur.</HI> returned by the Sheriff to the Clark of the <HI>A&s;&s;:</HI> for that County where it is to be tried, paying the Judges.</P>
<P>Then retain Councel, and have your witne&s;&s;es ready for the trial.</P>
<P>The triall being had, and verdict pa&s;&s;ing for your Client, the next Term you are to call of the Clerk of the <HI>A&s;sizes</HI> for a return of the <HI>Po&s;tea,</HI> and thereupon the <HI>Prothonotor</HI> will a&s;&s;e&s;&s;e co&s;ts, and cau&s;e Judgement to be entred, upon which you may have Execution by <HI>Capias ad &s;atisfaciendum, Fieri facias,</HI> or <HI>Elegit, &amp;c.</HI> according as you de&s;ire, and as the nature of the action brought doth allow or require.</P>
<P><NOTE PLACE="marg">Nota. Cap. ad &s;asi&s;. </NOTE>Note that a <HI>Capias ad &s;atisfac.</HI> is only again&s;t the bo|dy, who mu&s;t be impri&s;oned until &s;atisfaction be made, and if, the Defendant cannot be found, the Plaintiff cannot have another Execution, 20 <HI>E.</HI> 2. for he may chufe at the fir&s;t, whether he will have a <HI>Capias</HI> or an <HI>Elegit,</HI> but if he take the <HI>Capias</HI> he &s;hall not have the <HI>Elegit</HI> afterwards, <HI>nec &egrave; conver&s;o, 15. H.</HI> 7. 15.</P>
<P><NOTE PLACE="marg">Fi. Fa. </NOTE>The Writ of <HI>Fieri facias</HI> is onely again&s;t the goods; as; Lea&s;es for years, or moveable goods, as Corn, Hou&s;hold &s;tuffe. Cattle, Apparrel, Money, Plate, &amp;c. and it ought to be &s;ued out within the year after the Judgement, <HI>Co.</HI> 3. 13. After a <HI>Fi. fa.</HI> a man may have an <HI>Elegit;</HI> but on the contrary, after the <HI>Elegit</HI> he can|not have a <HI>Fi. fa.</HI> becau&s;e the <HI>Elegit</HI> is of a higher na|ture then the <HI>Fieri facias.</HI></P>
<P><NOTE PLACE="marg">Elegit. </NOTE>An <HI>Elegit</HI> is a Writ whereby the Plaintiff is to have <HI>Execution</HI> of the half of all the Defendants lands and
<PB N="72" REF="48">
chattels, (except Oxen and bea&s;ts of the Plough) till the debt and damages be wholly levied, and paid to him, and during the term he is tenant by <HI>Elegit. Terms of the Law.</HI></P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The Proceedings upon the Writ of Fal&s;e Judgement.</HEAD>
<P>YOu mu&s;t call of the <HI>County Clerk</HI> for a return of the Writ, together with the whole <HI>Record</HI> of all the proceedings from the original and beginning of the cau&s;e in the County Court.</P>
<P>The Writ being returned, you mu&s;t a&s;&s;ign <HI>Errors,</HI> and take Copies thereof, and thereupon &s;ue forth a <HI>Scire facias</HI> to the Plaintiff in the Action to hear <HI>Errors.</HI> To which the Plaintiff may appear and plead the com|mon plea, which is, that <HI>The action nor proceedings in the County Court are in nothing erroneous.</HI> Then mu&s;t the De&s;endant endeavor to get a <HI>Rule,</HI> or day given for the arguing of the &s;ame Errors.</P>
<P>But if the Defendant doth delay, and doth not call for a return of the writ, nor proceed, then the Plaintiff may &s;ue forth another <HI>Scire facias</HI> again&s;t the Defen|dant, to &s;hew cau&s;e why he &s;hould not have Execution upon the Judgement had in the County Court: And if at the Return of the &s;econd <HI>Scire Facias:</HI> Errors be not a&s;&s;igned then Judgment is confirmed in that Court into which the Writ is returnable.</P>
<P>If Errors be found and allowed to be &s;ufficient and good, then is the &s;aid Judgment to be rever&s;ed and made void: But if Errors be not found good, then is the Judgment in the County Court affirmed, and fur|ther co&s;ts for delay of Execution allowed to the Plain|tiff who may pre&s;ently &s;ue forth Execution, out of that Court into which the Writ was returned again&s;t the Defendant.</P>
<P><NOTE PLACE="marg">Nota. </NOTE>Note, that if the Judgment be rever&s;ed and made void, yet notwith&s;tanding it takes not away the Plaintiffs cau&s;e of action, for he may commence a new action a|gain&s;t the De&s;endant for the &s;ame cau&s;e.</P>
<P>The &s;ame proceedings are upon an <HI>Accedeas ad Cu|riam.</HI> See the Record upon it.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="73" REF="48">
<HEAD>The manner and form of drawing up Records upon a Writ of <HI>Fal&s;e Judgment,</HI> and <HI>Acce|deas ad Curiam.</HI></HEAD>
<P><NOTE PLACE="marg">Record upon a writ of fal&s;e Judgment. </NOTE>THe Sheriff is commanded that if <HI>A. B.</HI> &s;hall &s;ecure the &s;ame Sheriff to pro&s;ecute his plaint then in his full County, he cau&s;e to be recorded the plaint which was in the &s;ame County by writ of his Highne&s;&s;e the Lord Protector, &amp;c. between <HI>W. B.</HI> and the &s;ame <HI>A. B.</HI> in a certain Tre&s;pa&s;&s;e upon the ca&s;e, to the &s;ame <HI>W. B.</HI> by the &s;ame <HI>A. B.</HI> done, &amp;c. And whereupon the &s;ame <HI>A. B.</HI> did complain, that <HI>Fal&s;e Judgment</HI> was done to him in the &s;ame County; and that he &s;hould have here at this day; that is to &s;ay, <HI>Octab. pur.</HI> under his Seal, and by four lawfull Knights of the &s;ame County, who &s;hould be pre&s;ent at the Record, and that he &s;hould have here the Summoners, the names of the four Knights, this Writ, and another Writ.</P>
<P>And now here at this day came a&s;well the &s;ame <HI>A. B.</HI> by <HI>Simon Dunn</HI> his Attorney, as the &s;aid <HI>W. B.</HI> &s;ummo|ned, &amp;c. by <HI>Phit. Prince</HI> his Attorney: And the Sheriff (to wit) <HI>Geo. Mar.</HI> E&s;quire now returneth, that the &s;ame <HI>A. B.</HI> had found to the &s;ame Sheriff Pledges to pro&s;e|cute his &s;aid Writ; to wit, <HI>Iohn Doo</HI> and <HI>Ric Roo,</HI> And that he by vertue of that Writ to him directed, at his County held at the Ca&s;tle of <HI>York,</HI> in the County a&s;ore|&s;aid, the 10. day of <HI>May</HI> in the year of our Lord 1657. made the &s;ame plaint to be recorded, which was in the &s;ame County between the &s;ame <HI>A. B.</HI> and <HI>W. B.</HI> and the Record of the &s;ame plaint before the Ju&s;tices here at this day, under his &s;eal, and the &s;eals of <HI>H. M.</HI> and four lawfull Knights of the &s;ame County hath ready of tho&s;e who were pre&s;ent at the Record. And that he &s;ummoned the &s;ame <HI>W. B.</HI> that he &s;hould be here at this day to hear the Record by <HI>R. S.</HI> and <HI>F. L.</HI> as by the &s;ame Writ to him it was commanded, &amp;c. which &s;aid Record followeth in the&s;e words:</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="writ">
<P><HI>OLIVER</HI> Lord Protector, &amp;c. To the Sheriff of <HI>York</HI> greeting, <HI>W. B.</HI> hath reque&s;ted that <HI>A. B.</HI> of <HI>C.</HI> in your County husbandman, although the &s;ame <HI>W. B.</HI> be our true and faithfull &s;ubject, and as our true and faithfull
<PB N="74" REF="49">
&s;ubject from the time of his nativity hitherto hath car|ried and behaved him&s;elfe, and of good name and &s;ame among many of our &s;aithfull &s;ubjects was noted, called, and reputed, notwith&s;tanding the &s;ame <HI>A. B.</HI> not ignorant of the premi&s;&s;es, the &s;ame <HI>W. B.</HI> unju&s;tly to vex: and him of his goods, name, fame, and opinion, whereof from his nativity to deprive &amp; con&s;purgate: And the &s;ame <HI>W. B.</HI> into perturbation; vexation, and infamy among&s;t his neighbours, and many other &s;aith|full &s;ubjects and people of this Commonwealth to induce plain &s;al&s;e and &s;candalous words of the &s;ame <HI>W. B.</HI> at <HI>C.</HI> in the pre&s;ence of many faithfull &s;ubjects and people of this Commonwealth, &s;aid, publi&s;hed, and pronounced in the&s;e Engli&s;h words following, to wit, <HI>W. B.</HI> (the &s;ame <HI>W. B.</HI> meaning) hath &s;toln my hor&s;e; By &s;peaking, publi&s;hing, and pronouncing which &s;ame words, the &s;ame <HI>W. B.</HI> not only in his good name and &s;ame is hurt, but al&s;o in his doings and bu|&s;ine&s;&s;es with hone&s;t per&s;ons, with whom the &s;ame <HI>W. B.</HI> in buying, &s;elling, and lawfull bargaining before u&s;ed, is much prejudiced, and made wor&s;e, to the no little damage and lo&s;&s;e of the &s;ame <HI>W. B.</HI> &amp;c.</P>
<P>And therefore we command you that you hear the &s;aid Plaint, and afterwards cau&s;e the &s;ame to be with-drawn, that we hear no more clamour thereof for de|fect of Ju&s;tice.</P>
<CLOSER><SIGNED>Witne&s;&s;e, &amp;c.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Pleas held at the Ca&s;tle of <HI>York,</HI> in the <NOTE PLACE="marg">County Court. &s;&s;.</NOTE> County of <HI>York,</HI> upon Monday the &s;e|cond day of <HI>June</HI> in the year of our Lord 1657.</HEAD>
<Q><TEXT>
<BODY>
<DIV1 TYPE="plea">
<P>AT this Court <HI>W. B.</HI> complaineth of <HI>A. B.</HI> in a plea of Tre&s;pa&s;&s;e upon the ca&s;e, <HI>W. B.</HI> by <HI>P. P.</HI> his Attor|ney complaineth of <HI>A. B.</HI> in a plea of Tre&s;pa&s;&s;e upon the ca&s;e; for that, to wit, that whereas the &s;ame <HI>W. B.</HI> is a good, true, and faithfull &s;ubject of this Common-wealth of <HI>England,</HI> from the time of his nativity hi|therto hath carried and behaved him&s;elf, and of good name, &s;ame, credit and reputation, hone&s;tly with good
<PB N="75" REF="49">
and grave men, as well his neighbours as other &s;aith|full &s;ubjects of the &s;aid Co~monwealth, was had, noted, called, and reputed, without any fal&s;hood, the&s;t, per|jury, &s;elony, deceit, or &s;tain of any other fault, or hurt|full crime un&s;potted and untouched by the whole time afore&s;aid, carried and governed him&s;elfe. Notwith|&s;tanding the &s;aid <HI>A. B.</HI> not ignorant of the premi&s;&s;es out of his meer and wicked malice preconceived, in|deavouring the name and &s;ame of the &s;ame <HI>W. B.</HI> to hurt, detract, make wor&s;e, darken, and utterly to de|&s;troy: and al&s;o into perturbation, vexation and in&s;a|my, to lead and induce, certain &s;al&s;e and &s;candalous words and lies of the &s;ame <HI>W. B.</HI> the 8. day of <HI>April</HI> in the yeare of our Lord 1656. at, &amp;c. and within the liberty and juri&s;diction of this Court, in the pre|&s;ence and hearing of many faithfull &s;ubjects of the &s;aid Commonwealth, &s;aid, repeated, and &s;pread abroad in the&s;e Engli&s;h words following; to wit, <HI>W. B.</HI> (meaning the &s;ame <HI>W. B.)</HI> hath &s;toln my hor&s;e out of my Clo&s;e, which I will prove. By pretext of &s;peaking and &s;prea|ding abroad of which &s;aid &s;al&s;e &s;candalous words, the &s;ame <HI>W. B.</HI> not only in his good name and &s;ame is hurt, but al&s;o in performance of his bu&s;ine&s;&s;e with hone&s;t per&s;ons with whom the &s;aid <HI>W. B.</HI> in buying, &s;elling, and lawfull bargaining is much hindred and damnified, and al&s;o &s;ome &s;ubjects and people of this Common-wealth for that occa&s;ion will draw them&s;elves from the company of the &s;ame <HI>W. B.</HI> and to conver&s;e with him, or any wayes to intermeddle refu&s;ed, and yet do re|fu&s;e; whereupon, &amp;c. damages to 39 l. And thereof he bringeth &s;uit, &amp;c. And the &s;aid <HI>A. B.</HI> by <HI>S. D.</HI> his Attorney cometh, &amp;c. And &s;aith, that the &s;aid <HI>W. B.</HI> his action afore&s;aid again&s;t him ought not to have, becau&s;e he &s;aith that he is not guilty of the &s;peaking, and &s;preading abroad of the words in the Declaration afore&s;aid &s;pecified, nor of any part of them in manner and form as the &s;aid <HI>W. B.</HI> above again&s;t him com|plaineth. And this, &amp;c. Therefore according to the cu&s;tom it is commanded to the Bailiff of the <HI>Weapen|take of Ouze</HI> and <HI>Dar,</HI> that, &amp;c. that he cau&s;e to come before the Steward of the &s;ame Court, at the next Court of the County afore&s;aid, &s;uch a day, 12. &amp;c.
<PB N="76" REF="50">
And that he then have there the &s;ame Precept together with the pannel of the names of the Jurors afore&s;aid the &s;ame day, &amp;c. At which County Court held at the Ca|&s;tle of <HI>Y.</HI> afore&s;aid, according to the cu&s;tom before the Steward there upon <HI>Monday</HI> the 2. day of <HI>April</HI> came as well the &s;ame <HI>W. B.</HI> by his Attorney afore&s;aid, as the &s;ame <HI>A. B.</HI> by his Attorney afore&s;aid, &amp;c. and the &s;ame Bailiff of the <HI>Weapentake</HI> afore&s;aid, returned the precept to him, directed in all things, &s;erved together with a Pannel of the names of the Jurors. Annexed to the precept, to wit, in the &s;ame pannel are named <HI>L. M. N. R. &amp;c.</HI> to make a Jury between the parties afore&s;aid, in the plea afore&s;aid, who to &s;peak the truth of the pre|mi&s;&s;es, being elected, tried &amp; &s;worn, &s;ay upon their oath, that the &s;aid <HI>A. B.</HI> is guilty of the &s;peaking &amp; &s;preading abroad of the &s;aid words in the &s;aid Declaration &s;pecifi|ed, and they a&s;&s;e&s;&s;ed the damages of the &s;aid <HI>W. B.</HI> by oc|ca&s;ion of the &s;peaking of the &s;ame words, be&s;ides his co&s;ts and expences by him about his &s;uit in this behalf laid out to 4 l. 5 s. &amp; for tho&s;e co&s;ts &amp; expences to 8 d. Therefore at the &s;ame Court, that the &s;aid <HI>W. B.</HI> &s;hould recover again&s;t the &s;aid <HI>A. B.</HI> his &s;aid damages by the Jury afore&s;aid, in form afore&s;aid a&s;&s;e&s;&s;ed, and al&s;o 3 s. 8 d. for his co&s;ts and expences, which &s;aid damages in the whole do amount unto 5 l. 17 s. 4 d.</P>
<CLOSER>In witne&s;s whereof the &s;eal of the Steward of the Court afore&s;aid is put,
<DATELINE>Dated at the Ca&s;tle of <HI>Y.</HI> <DATE>the 12. day of <HI>March</HI> in the year of our Lord 1657.</DATE></DATELINE></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="record">
<P><NOTE PLACE="marg">Errors a&s;signed. </NOTE>And hereupon the &s;ame <HI>VV. B.</HI> prayeth that the &s;ame <HI>A. B.</HI> may &s;hew to the Court here, and a&s;&s;ign the de|fects, wherein fal&s;e Judgment is made in the &s;aid plaint, if any be done to him: whereupon the &s;ame <HI>A. B.</HI> &s;aith, that the &s;ame Record is vitious, and much defective, to wit, in that it doth not appear by the Record, before whom the fir&s;t Court was held, and in this, that the &s;aid <HI>VV. B.</HI> by his Declaration did complain him&s;elf to be damnified and made wor&s;e, to the value of 40 l. whereas by the law of the land, that Court cannot hold plea of 40 s.</P>
<P><PB N="77" REF="50">
In this al&s;o that the &s;ame Court held the 12. of <HI>March,</HI> was held before the Steward, whereas it ought to be held before the Suitors of the &s;ame Court, and the Sheriff of the County for the time being, &s;o that the &s;ame Judgment was given <HI>Coram non Iudice.</HI> Al&s;o in this that by the &s;ame Record, it appeareth, that the &s;ame <HI>VV. B.</HI> appeared by <HI>P. P.</HI> his Attorney, and the &s;ame <HI>A. B.</HI> appeared by <HI>S. D.</HI> his Attorney; but in the Record is not mentioned any Warrant of Attorney for the &s;ame <HI>VV. B.</HI> or for the &s;ame <HI>A. B.</HI> in the &s;aid plaint. And to the &s;ame <HI>A. B.</HI> &s;aith, that divers man|ner of ways in the County Court afore&s;aid, fal&s;e Judg|ment is made to him in the &s;aid plaint. And hereupon prayeth, that the &s;aid Judgment for the &s;aid defects and others being in the &s;ame Record as fal&s;e and erro|neous may be adnulled and altogether taken for no|thing. And the &s;ame <HI>A. B.</HI> to the &s;aid 5 l. 17 s. 4 d. which the &s;aid <HI>A. B.</HI> by vertue of the &s;ame Judgment, for his damages, by occa&s;ion of the premi&s;&s;es, recove|red again&s;t him, and unto all things, which he by occa&s;ion of the &s;ame Judgment lo&s;t, may be re&s;to|red, &amp;c.</P>
<P>And the &s;ame <HI>W. B.</HI> &s;aith, that in the Record afore|&s;aid, there is no errour, nor to the &s;ame <HI>A. B.</HI> in the &s;ame County Court held at the Ca&s;tle of <HI>Y.</HI> afore&s;aid, fal&s;e Judgment is made in the &s;ame plaint: and pray|eth, that the Ju&s;tices here proceed to the examination of the &s;ame Record, and to re&s;orm and correct the fal&s;e Judgment, if any be found therein, proved, or can be made appear. And becau&s;e the Ju&s;tices here will advi&s;e them&s;elves of, and upon the premi&s;es, before they further proceed therein, day is given, &amp;c, in <HI>Oct. pur.</HI> to hear thereof, what the Court hereof, and upon the premi&s;es &s;hall con&s;ider, becau&s;e the Ju&s;tices hear thereof not as yet, &amp;c. At which day here came a&s;well the &s;aid <HI>A. B.</HI> as the &s;aid <HI>W. B.</HI> by their Attorneys afore&s;aid. And becau&s;e the Ju&s;tices here further will advi&s;e them&s;elves of, and upon the premi&s;&s;es afore&s;aid, before they proceed further therein, further day is gi|ven &amp;c. in <HI>Men&s;. Pa&s;.</HI> to hear thereof, what the Court hereof, and upon the premi&s;&s;es afore&s;aid &s;hall con&s;ider, for that the Ju&s;tices hear thereof not as yet, &amp;c.</P>
<PB N="78" REF="51">
<CLOSER>If any errors and defects be found in the proceedings, then will the Judgement be rever&s;ed, and a Writ of Re&s;titution awarded.</CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P><NOTE PLACE="marg">&V;pon a Reple|vin. </NOTE>It was commanded the Sheriff, if <HI>A. B.</HI> and <HI>C. D.</HI> &s;hould &s;ecure the &s;ame Sheriff of pro&s;ecuting their complaint then in his full County, he &s;hould make to be recorded the plaint which was in the &s;ame Court, without Writ of his Highne&s;s the L. Protector between <HI>E. F.</HI> and the &s;ame <HI>A. B.</HI> and <HI>C. D.</HI> of the cattel of the &s;ame <HI>E. F.</HI> taken and unju&s;tly detained, &amp;c. And where|upon the &s;ame <HI>A. B.</HI> and <HI>C. D.</HI> complained fal&s;e Judgement to be made to them in the &s;ame Court, And that he &s;hould have that Record here at this day. to wit, <HI>in Octab. Hill.</HI> under his &s;eal, and the &s;eals of four lawfull Knights, who &s;hould be pre&s;ent at the Record. And that he &s;ummon by good &s;ummoners, the &s;aid <HI>E. F.</HI> that he &s;hould be here at this day, to hear the Record, &amp;c.</P>
<P>And now here at this day came as well the &s;ame <HI>A. B.</HI> and <HI>C. D.</HI> by <HI>S. D.</HI> their Attorney, as the &s;ame <HI>E. F.</HI> by <HI>P. P.</HI> his Attorney: and the Sheriff, to wit, <HI>G. M</HI> E&s;quire, now returneth, That the &s;ame <HI>A. B.</HI> and <HI>C. D.</HI> had found to the &s;ame Sheriff pledges to pro&s;ecute the &s;aid Writ, to wit, <HI>Jo. Doo.</HI> and <HI>Rio. Roo.</HI> and that he &s;ummoned the &s;ame <HI>E. F.</HI> to be here at this day, by <HI>I. R.</HI> and <HI>I. S.</HI> hone&s;t, &amp;c.</P>
<P>The Sheriff al&s;o returneth, that he by vertue of the &s;ame Writ to him directed, in his full County holden at the Ca&s;tle of <HI>Y.</HI> in the County afore&s;aid the 12. day of <HI>April</HI> la&s;t pa&s;t, cau&s;ed the &s;aid plaint to be recor|ded; and have the Record here at this day, under his &s;eal, and the &s;eals of <HI>L. M. M. R.</HI> hone&s;t and lawfull Knights of the &s;ame County, of tho&s;e who were pre|&s;ent at that Record, as by the &s;aid Writ it was com|manded him; the tenor of which Record followeth in the&s;e words:</P>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>Be it remembred, that the 12. day of <HI>April</HI> in the year of our Lord. 1657. before <HI>G. M.</HI> E&s;quire, Sheriff of the County afore&s;aid at the Ca&s;tle of <HI>Y.</HI> in the &s;ame County of <HI>Y.</HI> came the &s;ame <HI>E. F.</HI> by <HI>P. P.</HI> his Attor|ney, and complained again&s;t <HI>A. B.</HI> and <HI>C. D.</HI> of a plea; wherefore they tooke the cattel of the &s;ame <HI>E. F.</HI> and
<PB N="79" REF="51">
them unju&s;tly detained again&s;t &s;ureties and pledges, until, &amp;c. And found to the &s;aid <HI>E. F.</HI> pledges to pro|&s;ecute his complaint afore&s;aid, and al&s;o for the return|ing of the cattel, if the returning of them be adjudged by Law; to wit, <HI>Jo. Doo.</HI> and <HI>Ric. Roo.</HI> And then and there demanded due proce&s;&s;e in Law again&s;t <HI>A. B.</HI> and <HI>C. D.</HI> thereof to be made, &amp;c. Therefore according to the cu&s;tom in the County afore&s;aid, from the time whereof the memory of man is not to the contrary u&s;ed and approved on the behalf of his &s;aid Highne&s;&s;e the Lord Protector now, It was commanded to <HI>I, S.</HI> Bai|liff of the <HI>Weapentake</HI> of <HI>W.</HI> and one of the Mini&s;ters of the &s;aid Sheriff of the County afore&s;aid, that accord|ing to that cu&s;tome he put by &s;ureties and &s;afe pledges the &s;ame <HI>A. B.</HI> and <HI>C. D.</HI> that they &s;hould be before me the &s;aid Sheriff, at the next Court of the County afore&s;aid; to wit, at the afore&s;aid Ca&s;tle of <HI>Y.</HI> the 12. day of <HI>April</HI> in the year, &amp;c. above&s;aid then next fol|lowing to be held, to an&s;wer the &s;aid <HI>E. F.</HI> in the plea afore&s;aid: And the &s;ame day was given to the &s;aid <HI>E. F.</HI> then, again&s;t the &s;ame <HI>A. B.</HI> and <HI>C. D.</HI> to pro&s;e|cute the &s;ame plea. At which day here, to wit, at my next Court then held at the &s;aid Ca&s;tle of <HI>Y.</HI> came the &s;aid <HI>E. F.</HI> by his Attorney afore&s;aid the &s;ame 12. day of <HI>April.</HI> And the &s;ame <HI>I. S.</HI> Bailiff of the <HI>Weapen|take</HI> afore&s;aid, returned the precept afore&s;aid to him, in form afore&s;aid directed, in all things &s;erved and exe|cuted; to wit, that he by vertue of the &s;ame precept attached the &s;ame <HI>A. B.</HI> and <HI>C. D.</HI> by pledges, to wit, <HI>Jo. Den,</HI> and <HI>Ric. Fen.</HI> to be here at this day, to wit, the &s;ame 12. day of <HI>April</HI> in form afore&s;aid, as by the &s;aid precept to him it was commanded.</P>
<P>And the &s;ame <HI>A. B.</HI> and <HI>C. D.</HI> in full Court there being called, came not, but made default: whereupon the &s;ame <HI>E. F.</HI> by his Attorney afore&s;aid, prayeth proce&s;&s;e further therein to be made upon the &s;aid complaint again&s;t the &s;aid <HI>A. B.</HI> and <HI>C. D.</HI> and hath it, &amp;c.</P>
<P><NOTE PLACE="marg">Di&s;tre&s;&s;e awarded. </NOTE>Therefore according to the cu&s;tom of the County Court afore&s;aid, it was commanded to the &s;ame <HI>I. S.</HI> Bailiff of the <HI>Weapentake</HI> of <HI>W.</HI> and one of the Mini&s;ters of the County Court afore&s;aid, that according to the
<PB N="80" REF="52">
cu&s;tom of that Court, he di&s;train the &s;ame <HI>A. B.</HI> and <HI>C. D.</HI> by all their goods and chattels in his Bailiwick: So that, neither, &amp;c. until &amp;c. And that they &s;hould be before me the &s;aid Sheriff at the next County Court to be held at the &s;aid Ca&s;tle of <HI>Y.</HI> to wit, the 10. day of <HI>May</HI> in the year above&s;aid, then next following, to an|&s;wer the &s;ame <HI>E F.</HI> in the &s;ame plea. The &s;ame day is given to the &s;ame <HI>E. F.</HI> here, &amp;c. At which &s;aid next County Court afore&s;aid here, to wit, at the &s;aid Ca&s;tle of <HI>Y.</HI> the &s;ame 10. day of <HI>May</HI> in the year above&s;aid then held, came as well the &s;aid <HI>E. F.</HI> by <HI>P. P.</HI> his At|torney a&s;ore&s;aid, as the &s;aid <HI>A. B.</HI> and <HI>C. D.</HI> by <HI>S. D.</HI> their Attorney. And the &s;aid <HI>A. B.</HI> and <HI>C. D.</HI> offered them&s;elves again&s;t the &s;aid <HI>E. F.</HI> in the &s;ame plea. And the &s;ame <HI>E. F.</HI> complained thereupon, and decla|red again&s;t the &s;aid <HI>A. B.</HI> and <HI>C. D.</HI> of a plea, wherefore the &s;ame <HI>A. B.</HI> and <HI>C. D.</HI> the 4. day of <HI>March</HI> in the year &amp;c. at <HI>T.</HI> within the Juri&s;diction of this Court, in a certain place called the <HI>Hayes,</HI> took the cattel, to wit, &s;ix calves of the &s;ame <HI>E. F.</HI> and them unju&s;tly detained, again&s;t &s;ureties and pledges until, &amp;c.</P>
<P>Whereupon he then &s;aid, that he was the wor&s;e, and had damage to the value of 39 <HI>s.</HI> 11 d. and thereupon brought his &s;uit, &amp;c.</P>
<P>And hereupon the &s;ame <HI>E. F.</HI> then and there put in his place the &s;ame <HI>P. P.</HI> his Attorney, again&s;t the &s;ame <HI>E. B.</HI> and <HI>C. D.</HI> to gain or lo&s;e in the &s;ame plea: <HI>(here mu&s;t be likewi&s;e awarrant of Attorney for the Defendant:)</HI> And thereupon the &s;ame <HI>A. B.</HI> and <HI>C. D.</HI> by <HI>S. D.</HI> their At|torney afore&s;aid, then in the &s;ame Court demanded a Copy of the Declaration afore&s;aid; and licen&s;e thereof to imparl here, until the next County Court before the &s;aid Sheriff, to wit, the 15. day of <HI>May</HI> in the year above&s;aid then next following, to be held at the Ca&s;tle of <HI>York,</HI> and then to an&s;wer, &amp;c. And it is granted to them, &amp;c. The &s;ame day is given to the &s;ame <HI>E. F.</HI> here, &amp;c. At which &s;aid next County Court, before the &s;aid Sheriff of the County afore&s;aid here; to wit at the Ca&s;tle of <HI>Y.</HI> afore&s;aid the 15. day of <HI>May</HI> in the year above&s;aid, came as well the &s;aid <HI>E. F.</HI> as the &s;aid <HI>A. B.</HI> and <HI>C. D.</HI> by their &s;aid Attorneys. And it is &s;aid to the &s;aid Attorney, of the &s;aid <HI>A. B.</HI> and <HI>C. D.</HI>
<PB N="81" REF="52">
by the Court here, that he an&s;wer for the &s;ame, <HI>A. B.</HI> and <HI>C. C.</HI> his Clyents to the &s;ame <HI>E. F.</HI> in the &s;aid Plaint: And the &s;aid Attorny, for his &s;aid Clyents &s;aith nothing in Bar, as in others, by which the &s;aid <HI>E. F.</HI> his damages again&s;t the &s;aid <HI>A. B.</HI> &amp; <HI>C. D.</HI> by occa&s;ion of the taking and unju&s;t detaining of his Cattle afore&s;aid, ought to recover; but becau&s;e it is unknown to the Court here what damages the &s;aid <HI>E. F.</HI> &s;u&s;tained by occa&s;ion of the premi&s;&s;es; It is commanded to the &s;aid <HI>I. S.</HI> then Bayliff of the <HI>Wapentake</HI> of <HI>W.</HI> afore&s;aid, &amp; one of the Mini&s;ters of the County Court afore&s;aid, that he cau&s;e to come before the &s;aid Sheriffe at the next county Court of the County afore&s;aid, to wit, the 15th day of <HI>May,</HI> in the yeare above&s;aid, at the Ca&s;tle of <HI>Y.</HI> afore&s;aid, then next following to be held, twelve hone&s;t and lawfull men of the neighbourhood of <HI>S.</HI> to be &s;u&s;pected by neither party, to enquire up|on their Oath what damages the &s;aid <HI>E. F.</HI> &s;u&s;tained, a&s;well by the occa&s;ion of the taking, and unju&s;t detai|ning of the cattle afore&s;aid, as for his co&s;ts and char|ges by him about his &s;uit in this behalf laid out: and the &s;ame day was given to the &s;aid <HI>E. F.</HI> here, <HI>&amp;c.</HI></P>
<P>At which &s;aid next County Court the &s;ame 15. day of <HI>May</HI> in the yeare above&s;aid, before the &s;ame Sheriff of the County afore&s;aid held, came the &s;aid <HI>E. F.</HI> by his Attorney afore&s;aid: And the &s;ame <HI>I. S.</HI> Bayliffe of the Wapentake afore&s;aid &s;ent not his precept thereof: Therefore, as before, it is commanded to the &s;aid <HI>I. S.</HI> Bayliff, <HI>&amp;c.</HI> that he cau&s;e to come here at the next County Court, before the &s;ame Sheriff of the County afore&s;aid, to wit, the 12 day of <HI>A.</HI> in the yeare above|&s;aid, at the ca&s;tle of <HI>Y.</HI> afore&s;aid, to be held the 12th, &amp;c. to enquire, &amp;c to inform afore&s;aid, &amp;c.</P>
<P>At which day, to wit, the 12th day of <HI>April</HI> afore|&s;aid before the &s;ame Sheriffe of the County afore&s;aid, came the &s;ame <HI>E. F.</HI> by his Attorney afore&s;aid. And the &s;aid <HI>I. S.</HI> Bayliffe, &amp;c. and one of the Mini&s;ters of the &s;ame Court, returned before the &s;ame Sheriffe, the &s;aid precept <HI>de venire fac.</HI> in all things &s;erved and executed.</P>
<P>And thereupon the Jury being thereof impannelled and called, came, and to enquire in forme as afore&s;aid,
<PB N="82" REF="53">
&s;worn and charged, &s;ay, upon their oath, that the &s;aid <HI>E. F.</HI> &s;u&s;tained damages by rea&s;on of the taking and unju&s;t detaining of the Cattle afore&s;aid, be&s;ides his co&s;ts and charges by him about his &s;uit in this behalfe laid out 30 s. and for the&s;e co&s;ts and charges to 12 <HI>d.</HI> Therefore it is con&s;idered by the Court here, that the &s;aid <HI>E. F.</HI> recover again&s;t the &s;aid <HI>A. B.</HI> and <HI>C. D.</HI> his &s;aid damages by the Jury afore&s;aid, in form afore&s;aid a&s;&s;e&s;&s;ed, and al&s;o 26 <HI>s.</HI> to the &s;ame <HI>E. F.</HI> by the Court here for his &s;aid co&s;ts &amp; charges of his a&s;&s;ent of increa&s;e adjudged; which &s;aid damages in the whole amount unto 57 <HI>s</HI> And the &s;ame <HI>A. B.</HI> and <HI>C. D.</HI> in mercy, &amp;c.</P>
<P>Whereupon it was commanded to the &s;ame <HI>I. S.</HI> Bayliff of the Wapentake of <HI>W.</HI> afore&s;aid, that of the goods and Chattels of the &s;ame <HI>A. B.</HI> and <HI>C. D.</HI> in his Bayliwick, he &s;hould levy the damages afore&s;aid: and that he have the money before the &s;aid Sheriffe at the next County Court at the ca&s;tle of <HI>Y.</HI> to be held, to wit, the tenth day of <HI>March,</HI> in the yeare above&s;aid, to render to the &s;aid <HI>E. F.</HI> for his damages afore&s;aid: Whereupon the &s;ame <HI>E. F.</HI> prayeth, that the &s;aid <HI>A. B.</HI> and <HI>C. D.</HI> would a&s;&s;igne and declare to the Court here|in, what or wherein fal&s;e judgement is made to him in the &s;aid Plaint, if any thing can be found proved, or made appear, &amp;c.</P>
<P><NOTE PLACE="marg">Error a&s;signed. </NOTE>And hereupon the &s;ame <HI>A. B.</HI> and <HI>C. D.</HI> &s;ay, that the &s;aid Record is vitious, and very much defective in this; to wit, that by the &s;ame Record it appeareth, that the &s;ame cattle were taken the 15. day of <HI>January,</HI> in the yeare above&s;aid; and that the complaint thereup|on was levyed at the County Court of the Sheriff, the 19th day of <HI>December</HI> in the yeare above&s;aid: &s;o that the complaint was levied before the taking of the cat|tle afore made, &amp;c. Al&s;o in this, that by the Record it appeareth, that the County Court afore&s;aid was held before the &s;aid Sheriffe of the County afore&s;aid; whereas the &s;ame Court ought to be held before the &s;ame Sheriffe and &s;uitors of the &s;ame Court, &s;o that the &s;ame Plaint was levied <HI>Coram non judice:</HI> And the proce&s;&s;e thereupon adjudged without any warrant in Law: And &s;o the &s;ame <HI>A. B.</HI> and <HI>C. D.</HI> &s;ay, that in the County afore&s;aid fal&s;e judgement was done to
<PB N="83" REF="53">
them in the &s;aid Plaint; And pray that the &s;aid judge|ment for tho&s;e errours and others, in the &s;ame record and proceedings being may be revoked, adnulled, and altogether taken for nothing: And that they unto all things which they by occa&s;ion of the judgement a|fore&s;aid have lo&s;t, may be re&s;tored, &amp;c.</P>
<P><NOTE PLACE="marg">A Record up|on an Acced: ad Cnriam upon fal&s;e judgment. </NOTE>It was commanded the Sheriffe, that if <HI>A. B.</HI> &s;hould &s;ecure the &s;ame Sheriffe to pro&s;ecute his complaint, that then taking with him four di&s;creet and lawfull Knights of the County afore&s;aid in his proper per&s;on, he come to the Court of the Honour of <HI>P.</HI> and in full Court cau&s;e to be recorded that Plaint which was in the &s;ame Court of his Highne&s;&s;e the Lord Protector, between <HI>C. D.</HI> and the &s;ame <HI>A. B.</HI> in a certain <HI>Action upon the Ca&s;e,</HI> to the &s;ame <HI>C. D.</HI> by the &s;ame <HI>A. B.</HI> done as it is &s;aid: Whereupon the &s;ame <HI>A. B.</HI> complain|eth fal&s;e judgement to be made to him in the &s;aid Court, and that he &s;hould have here the Record at this day, to wit, <HI>Octab. Hill.</HI> under his &s;eal, and by four lawfull men of the &s;ame County of tho&s;e who &s;hall be pre&s;ent at the Record; and that he &s;ummon by good &s;ummoners the &s;aid <HI>C. D.</HI> that he &s;hould be here to hear that Record.</P>
<P>And that he have then here the names of the foure Knights, and that Writ, &amp;c. And now here at this day, to wit, <HI>Octab. Hill.</HI> came as well the &s;ame <HI>A. B.</HI> by <HI>S. D.</HI> his Attorney, as the &s;ame <HI>C. D.</HI> by <HI>P. P.</HI> his At|torney.</P>
<P>And the Sheriffe, to wit, <HI>G. M.</HI> <ABBR>E&s;q</ABBR> now return|eth that the &s;ame <HI>A. B.</HI> found to the &s;ame Sheriff pled|ges to pro&s;ecute, <HI>Io. Doo, Ric. Roo.</HI> And that the &s;ame <HI>C. D.</HI> was &s;ummoned to be here at this day by <HI>Io: Den,</HI> and <HI>Ric. Fen</HI> and that he by vertue of the &s;ame Writ to him directed took along with him <HI>I. S. W. P. I. H.</HI> and <HI>W. VV.</HI> four di&s;creet and lawfull Knights of the County afore&s;aid, and in his proper per&s;on came to the &s;aid Court held at <HI>P.</HI> in the County afore&s;aid the 15th day of <HI>October,</HI> in the yeare of our Lord, 1657. and in full Court made to be recorded the &s;aid Plaint whereof in the &s;ame Writ mention is made; which &s;aid Record here at this day, he hath ready under his &s;eale, and the &s;eales of the &s;aid four lawfull men, who
<PB N="84" REF="54">
were pre&s;ent at the Record, as by the &s;ame Writ to him it was commanded to an&s;wer to the &s;aid <HI>C. D.</HI> in the &s;ame plea: whereupon the &s;ame <HI>A.</HI> B, at the &s;ame Court put in his place <HI>S. D,</HI> his Attorney in the &s;ame plea. And the &s;ame <HI>C. D.</HI> at the &s;ame Court by his At|torney afore&s;aid, complained again&s;t the &s;ame A. B. for that, to wit, that whereas the &s;ame <HI>C. D.</HI> the la&s;t day of <HI>Dec.</HI> in the year afore&s;aid, at <HI>W.</HI> afore&s;aid, and within the juri&s;diction of the Court afore&s;aid, was po&s;&s;e&s;&s;ed of one piece of woollen cloath, containing eleven ells, price 34 <HI>s.</HI> as of his proper goods and chattels.</P>
<P>And being &s;o thereof po&s;&s;e&s;&s;ed, the &s;ame piece of cloath out of his hands and po&s;&s;e&s;&s;ion ca&s;ually lo&s;t; which &s;aid piece of cloath afterwards, to wit, the 12th day of <HI>February</HI> then next following, into the hands and po&s;&s;e&s;&s;ion of the &s;aid Defendant by finding came: Notwith&s;tanding the &s;aid Defendant know|ing the &s;aid piece of cloath to be the proper piece of cloath of the &s;aid Plaintiff, and to him of right to be|long and appertain; and minding and intending the &s;ame Plaintiffe of the &s;ame piece of cloath, craf|tily and &s;ubtilly to deceive and defraud the &s;ame piece of cloath, although thereof the third day of <HI>March,</HI> in the yeare above&s;aid, he was reque&s;ted to the &s;ame, and hath not delivered; but the &s;ame piece of cloath afterwards, to wit, the 18th day of <HI>March</HI> then next following at <HI>VV.</HI> afore&s;aid, within the juri&s;diction of this Court afore&s;aid, unto his proper u&s;e he convert|ed and di&s;po&s;ed, to the damage of the &s;aid Plaintiff of 39 <HI>s.</HI> And thereof he bringeth &s;uit, &amp;c. And the &s;aid Defendant at the &s;ame Court prayeth Licence thereof to imparle untill the next Court, and hath it, &amp;c. The &s;ame day is given to the &s;aid Plaintiffe then there, &amp;c. At which day the Court was held within the &s;aid Honour of <HI>P.</HI> the 26th day of <HI>May</HI> then next following, came a&s;well the &s;aid Plaintiff, as the &s;aid Defendant by their Attorheys afore&s;aid: And the &s;ame Defendant prayeth further Imparlance untill the next Court within the &s;aid Honour to be held, and hath it, &amp;c. The &s;ame day is given to the &s;aid Plaintiff then there, &amp;c. At which &s;aid next Court holden within the Honour afore&s;aid the 26th.
<PB N="85" REF="54">
day of <HI>May</HI> then next following came as well the &s;ame Plaintiff, as the &s;ame Defendant, by their Attorneys afore&s;aid: and hereupon the &s;aid Defendant prayeth further imparlance thereunto, to &s;peak until the next Court of the Honour afore&s;aid, to be held and hath it, &amp;c. The &s;ame day is given to the &s;aid Plaintiff then there, &amp;c.</P>
<P>At which &s;aid Court held within the &s;aid Honour the day of then next following, came a&s;well the &s;aid Plaintiff as the &s;aid Defendant by their Attorneys afore&s;aid. And the &s;ame Defendant then defended the force and wrong when, &amp;c. And &s;aid that he was in nothing guilty of the premi&s;&s;es above impo&s;ed upon him, as the &s;aid Plaintiff by his &s;aid Declaration complained again&s;t him; and of this he putteth him&s;elf upon the Countrey, and the &s;aid Plain|tiff likewi&s;e: whereupon it was then commanded to the Bailiff of the Honour afore&s;aid, that he cau&s;e to come to the Court of the Honour afore&s;aid to be held by 12 free and lawfull men of the Honour a&s;ore&s;aid, to try the i&s;&s;ue afore&s;aid above joyned, Day was given to the parties above&s;aid, then there &amp;c.</P>
<P>At which &s;aid next Court held within the &s;aid Ho|nour the day of then next following, came a&s;well the &s;aid Plaintiff as the &s;aid Defendant, by their Attorneys afore&s;aid: and the &s;aid Bayliff re|turned the Pannel with all the Jurors; whereof 12 being called came, and were &s;worn, and &s;aid upon their oath that the &s;aid <HI>C. D.</HI> was po&s;&s;e&s;&s;ed of the &s;aid piece of cloth in the Declaration afore&s;aid &s;pecified: and that the &s;ame piece of cloth by finding came to the hands of the &s;aid <HI>A.</HI> B. and that the &s;aid Plaintiff re|que&s;ted the &s;ame <HI>A. B.</HI> to deliver to the &s;ame Plaintiff the &s;ame piece of cloth: and that the &s;aid Defen|dant did not deliver the &s;ame to the &s;aid Plain|tiffe.</P>
<P>And further, the &s;aid Jury &s;aid, that the &s;aid Defen|dandant doth yet detain in his hands, the &s;ame piece of Cloth, and if upon the whole matter, in form afore|&s;aid found the &s;ame Defendant to be guilty of the pre|mi&s;&s;es in the Declaration afore&s;aid &s;pecified, or not, the Jury afore&s;aid are altogether ignorant, and pray
<PB N="86" REF="55">
the advice of the Court in the premi&s;&s;es: and if upon the whole matter in form afore&s;aid found, it &s;hall &s;eem to the Court that the &s;aid De&s;endant is guilty of the premi&s;&s;es in the Declaration afore&s;aid &s;pecified, then the &s;aid Jury &s;ay upon their oath, <HI>That the &s;ame De|fendant is guilty of the premi&s;&s;es in the Declaration afore &s;aid &s;pecified.</HI> And then the &s;aid Jury do a&s;&s;e&s;&s;e damages, by occa&s;ion of the premi&s;&s;es; be&s;ides co&s;ts and charges by him about his &s;uit in this behalfe laid out, to 20 s. and for tho&s;e co&s;ts and charges to 12 d. and if upon the whole matter in form afore&s;aid found, it &s;eemeth to the Court here, that the &s;aid Defendant is not guilty of the premi&s;&s;es in the Declaration afore&s;aid &s;pecified, then the Iury afore&s;aid &s;ay upon their oath, <HI>That the &s;aid Defendant is not guilty of the premi&s;&s;es in the Declara|tion afore&s;aid &s;pecified.</HI> And becau&s;e the &s;ame Court will advi&s;e of, and upon the premi&s;&s;es before they give Iudgement therein, day is given to the parties afore|&s;aid here, until the next Court to be held in the &s;aid Honour, to hear thereof their Iudgment, &amp;c. At which &s;aid Court held in the &s;aid Honour the day of then next following came a&s;well the &s;aid Plaintiff as the &s;aid Defendant by their Attorneys afore&s;aid. And becau&s;e the &s;ame Court of giving their Iudgment therein are not advi&s;ed, day is given to the parties afore&s;aid, until the next Court to hear thereof their Iudgment, &amp;c. At which &s;aid Court held in the &s;aid Honour the day of then next following, came a&s;well the &s;aid Plaintiff as the &s;aid Defendant by their Attorneys afore&s;aid, where|upon the premi&s;&s;es being &s;een and by the Court here fully under&s;tood, it &s;eemed to the Court here, that the &s;ame Defendant is guilty of the premi&s;&s;es in the Declaration afore&s;aid &s;pecified: Therefore it is confi|dered by the &s;ame Court, <HI>That the &s;ame Plaintiff reco|ver again&s;t the &s;aid Defendant the &s;aid 21 s. by the Jury afore&s;aid, in form afore&s;aid a&s;&s;e&s;&s;ed, and al&s;o 22 s. for his co&s;ts and charges, by the Court here, by his con&s;ent of increa&s;e adjudged, which &s;aid damages do in the whole amount unto 53 s.</HI> And the &s;aid <HI>A. B.</HI> in mercy, &amp;c. And hereupon the &s;aid <HI>C. D.</HI> prayeth, <HI>That the &s;aid A: B. may &s;hew to the Court here, and a&s;sign the defects,
<PB N="87" REF="55">
wherein fal&s;e judgment is made to him in the &s;aid plaint, in the &s;aid Court if any be made.</HI> Whereupon the &s;ame <NOTE PLACE="marg">Errors a&s;signed.</NOTE> <HI>A. B.</HI> &s;aith, that the &s;aid Record is vicious and much defective; and that fal&s;e judgment is done to him in the &s;aid plaint in this, that in the Record no mention is made whole that Court of the Honour of <HI>P.</HI> is: and in this, that no mention is made, who is Lord of the &s;aid Court, nor who are Suitors of the &s;ame, and al&s;o in this, that the Jury have not found that the &s;aid <HI>A. B.</HI> converted the &s;ame peece of Cloth to his proper u&s;e: and &s;o the &s;ame <HI>A. B.</HI> &s;aith, that divers ways in the &s;aid Court fal&s;e Judgment is done to him in the &s;aid plaint.</P>
<P>And prayeth, that the &s;aid Judgement for tho&s;e di|vers errors, and others being in the Record, as fal&s;e and erroneous, may be revoked, and taken for no|thing. And that he, unto all which he by rea&s;on of the &s;aid fal&s;e judgement lo&s;t, may be re&s;tored. And that the Ju&s;tices here proceed to the examination of the premi&s;&s;es. And becau&s;e the Ju&s;tices here, &amp;c.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<PB N="88" REF="56">
<HEAD>SOME SELECT PRESIDENTS OF DECLARATIONS AND PLEADINGS Incident and belonging to this COURT.</HEAD>
<DIV3 TYPE="section">
<HEAD>Debt.</HEAD>
<DIV4 TYPE="subsection">
<HEAD>Executor again&s;t an Executor upon a Bill.</HEAD>
<P><NOTE PLACE="marg">County Court &s;s. </NOTE>E. <HI>F.</HI> Executor of the la&s;t Will and Te&s;tament of <HI>I. F.</HI> decea&s;ed, by vertue of a Writ of <HI>Iu&s;ticies</HI> to the Sheriff of the County afore&s;aid directed, by <HI>I. S.</HI> his Attorney complains of <HI>M. VV.</HI> Executor of the la&s;t Will and Te&s;tament of <HI>R. VV.</HI> late of <HI>T.</HI> in the County <HI>Y.</HI> husbandman decea&s;ed, otherwi&s;e called <HI>R. VV.</HI> late of <HI>T.</HI> of <HI>Y.</HI> Husbandman, decea&s;ed, of a Plea, that he render unto him 7 l. of, &amp;c. which he unju&s;t|ly detains from him, &amp;c. for that whereas the &s;aid <HI>R. VV.</HI> in his life time, that is to &s;ay, the 20. day of, &amp;c. year, &amp;c. at the Ca&s;tle of <HI>Y.</HI> in the County of <HI>Y.</HI> and within the liberty and juri&s;diction of this Court,
<PB N="89" REF="56">
by his bill obligatory, &s;ealed with his Seal, and here in Court produced, bearing date the day and year above&s;aid, acknowledged him&s;elf to be indebted to the &s;aid <HI>I. F</HI> in his life time, the whole and ju&s;t &s;um of 7 l. of, &amp;c. to be paid to the &s;aid <HI>I. F.</HI> his heirs, exe|cutors, admini&s;trators, or a&s;&s;igns, upon the third day of <HI>May</HI> next en&s;ning the date of the &s;aid Bill; and for the payment thereof, the &s;aid <HI>R. VV.</HI> then and there bound him&s;elfe, his executors, admini&s;trators and a&s;|&s;igns. Neverthele&s;&s;e the &s;aid <HI>R. VV.</HI> in his life time, though often thereunto required the &s;aid 7 l. to the &s;aid <HI>1. F.</HI> while&s;t he was living, hath not paid, neither hath the &s;aid <HI>M VV.</HI> Executor of the la&s;t Will and Te&s;tament of the &s;aid <HI>R. VV.</HI> after his death, paid the &s;ame to the &s;aid <HI>E. F.</HI> Executor of the la&s;t Will and Te&s;tament of the &s;aid <HI>I. F.</HI> to which &s;aid <HI>M. VV.</HI>'s hands, came all and &s;ingular the goods and chattels which were the &s;aid <HI>R. VV.</HI>'s in his life time, &s;ufficient to &s;atisfie all the debts which the &s;aid <HI>R, VV.</HI> at the time of his death owed to any per&s;on or per&s;ons what&s;oever, as al&s;o to &s;atisfie the &s;aid <HI>E. F.</HI>'s debt; but the &s;aid <HI>R. W.</HI> whil&s;t he lived refu&s;ed to pay the &s;ame to the &s;aid <HI>I. F.</HI> in his life time, and the &s;ame <HI>M. W.</HI> likewi&s;e after the &s;aid <HI>R. W.</HI>'s death refu&s;ed to pay the &s;ame to the &s;aid <HI>E. F.</HI> after the death of the &s;aid <HI>I. F.</HI> and &s;till refu&s;eth &s;o to do, and unju&s;tly detains the &s;ame, by rea&s;on whereof the &s;aid <HI>E. F.</HI> &s;aith he is damnified 10 <HI>l.</HI> and thereupon produceth this &s;uit &amp;c.</P>
<P>And the &s;aid <HI>E. F.</HI> produceth here in Court, the &s;aid letters te&s;tamentary, by which it appears the &s;aid <HI>E. F.</HI> to be Executor of the la&s;t Will and Te&s;tament of the &s;aid <HI>I. E.</HI> decea&s;ed, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>&V;pon a Bill to be paid at the day of marriage, and i&s;&s;ue upon it.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>T. <HI>N,</HI> and <HI>E.</HI> his wife, Admini&s;tratrix of the goods and chattels which were of <HI>I. B.</HI> decea&s;ed, com|plains by <HI>S. D.</HI> his Attorney of <HI>I. H.</HI> of <HI>C.</HI> in the &s;aid County Gent of a Plea, that he render unto them 5 <HI>l.</HI>
<PB N="90" REF="57">
which he unju&s;tly detains, &amp;c. for that whereas the &s;aid <HI>I. H.</HI> (&s;uch a day, year and place) by his certain bill obligatory, with his &s;eal &s;ealed, and here in Court produced, the date whereof is the &s;ame day and year; For and in con&s;ideration of one Gold-ring, with a certain Stone called a Diamond, in the &s;ame Ring fixed of the afore&s;aid <HI>T. B.</HI> in his life time received the day of the making of the afore&s;aid bill, did acknow|ledge and grant, to and with the afore&s;aid <HI>T. B.</HI> in his life time, that he the &s;aid <HI>I. H.</HI> his executors or a&s;|&s;ignes, would pay or cau&s;e to be paid to the afore|&s;aid <HI>T. B.</HI> his Executors or a&s;&s;ignes, for the &s;ame Ring (at &s;uch a day and time as he the &s;aid <HI>I. H.</HI> &s;hould be wedded or married: or at any other time after his marriage, when&s;oever he &s;hould be required by the afore&s;aid <HI>T. B.</HI> his Executors or a&s;&s;ignes, or by him that &s;hould bring the &s;aid bill, the &s;aid &s;um of 5 l. to his or their u&s;e, the afore&s;aid time to be paid: and the &s;ame <HI>T. N.</HI> and <HI>E.</HI> in fact &s;ay, that the afore&s;aid <HI>I. H.</HI> after the making of the &s;aid bill, (to wit, &s;uch a day, year and place) within the Pari&s;h Church of <HI>H.</HI> did take to wi&s;e one <HI>I. D.</HI> by which the action did accrew unto the &s;aid <HI>T. R.</HI> in his life and to the &s;aid <HI>E.</HI> after the death of the &s;aid <HI>T. B.</HI> whil&s;t &s;he was &s;ole, and to the &s;aid <HI>T. N.</HI> and <HI>E.</HI> after e&s;pou&s;als between them celebrated: to require and have of the afore&s;aid <HI>I. H.</HI> the &s;ame 5 l. Yet the afore&s;aid <HI>I. H.</HI> although of|ten required the afore&s;aid 5 l. to the afore&s;aid <HI>T. B.</HI> in his life time, or to the afore&s;aid <HI>E.</HI> whil&s;t &s;he was &s;ole, to whom the admini&s;tration of all the goods and chat|tels which were of the afore&s;aid <HI>T. B.</HI> the time of his death (&s;uch a day, year, and place) was committed, to the afore&s;aid <HI>T. N.</HI> and <HI>E.</HI> after e&s;pou&s;als between them celebrated, hath not rendred, but the &s;ame to render to them hath denied: and the &s;ame to them the &s;aid <HI>T. N.</HI> and <HI>E.</HI> as yet to render doth deny and unju&s;tly detain, whereupon they &s;ay they are damnified, and have damage to the value of 10 l. and thereupon they bring their action, &amp;c. And they bring into Court here the letters of admini&s;tration, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<PB N="91" REF="57">
<HEAD>The Defendant pleads that he was within age at the time of the making of the Bill.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>AND the afore&s;aid <HI>I. F.</HI> by <HI>R. B.</HI> his Attorney, comes and defends the force and injury when, &amp;c. and &s;ayes that the afore&s;aid <HI>N.</HI> and <HI>E.</HI> ought not to have their action afore&s;aid again&s;t him, becau&s;e he &s;aith that he at the time of the making of the Bill afore&s;aid, was within the age of one and twenty years, and this he is ready to aver, whereupon he demands Judgment, whether the afore&s;aid <HI>T. N.</HI> and <HI>E.</HI> ought to have their action afore&s;aid again&s;t him, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Replication.</HEAD>
<P><NOTE PLACE="marg">Y. &s;&s;. </NOTE>ANd the afore&s;aid <HI>T. N.</HI> and <HI>E.</HI> &s;ay, that they by any thing before alledged, ought not to be de|barred from having their action afore&s;aid again&s;t the &s;aid <HI>I. H.</HI> becau&s;e they &s;ay, that the afore&s;aid <HI>I. H.</HI> at the time of the making of the bill afore&s;aid, was of the full age of one and twenty years, and not within age, as the afore&s;aid <HI>I. H.</HI> hath above alledged, and this they pray may be inquired of by the Countrey; and the afore&s;aid <HI>I. H.</HI> in like manner: Therefore, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>&V;pon retainder for &s;uing of Hor&s;es, &amp;c.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>A. <HI>B.</HI> by <HI>S. D.</HI> his Attorney, complains of <HI>C. D.</HI> of a plea, &amp;c. for that whereas the afore&s;aid <HI>C. D.</HI> (&s;uch a day and year) at <HI>S.</HI> &amp;c. retained the &s;aid <HI>A. B.</HI> to &s;et on upon the hor&s;e feet, of the afore&s;aid <HI>C. D.</HI> forty new Hor&s;e-&s;hooes, and to remove forty hor&s;e-&s;hooes, and to mend one pair of plough-Irons, and to make one fire-&s;hovel, to take of the &s;aid <HI>C. D.</HI> for the &s;etting on of the afore&s;aid forty new Hor&s;e-&s;hooes, and forty removes, 21 s. and &s;o of the other parcel to contract to be paid to the &s;aid <HI>A. B.</HI> when he &s;hould be thereunto required, by vertue of which retainer, the &s;aid <HI>A. B.</HI> the &s;aid forty new Hor&s;e-&s;hooes, and forty removes upon the Hor&s;e-feet of him the &s;aid <HI>C. D.</HI> did
<PB N="92" REF="58">
&s;et on, &amp;c. by which action accrewed, &amp;c: <HI>Hill. 37. Eliz. Rot.</HI> 517.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>&V;pon an account.</HEAD>
<P><NOTE PLACE="marg">County Court &s;s. </NOTE>E. <HI>B.</HI> complains of <HI>T. A.</HI> of a plea, that he &s;hould render unto him 12 l. of, &amp;c. which &s;he owes, and unju&s;tly detains from him, for that whereas the third day of <HI>May,</HI> 1651. at, &amp;c. the &s;aid <HI>E. B.</HI> and the &s;aid <HI>T. A.</HI> accompted together for and concerning divers &s;ums of money, then and before that time due, and owing, by the &s;aid <HI>T. A.</HI> unto the &s;aid <HI>E. B.</HI> and upon that accompt the &s;aid <HI>T. A.</HI> then and there did ac|knowledge him&s;elf to be in arrear and owing unto the &s;aid <HI>E. B.</HI> the &s;um of 12 l. to be paid unto the &s;aid <HI>E. B.</HI> when he the &s;aid <HI>T. A.</HI> &s;hould be thereunto reque&s;ted. Yet notwith&s;tanding, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Money lent by joynt partners for a certain time, and to be paid to the Survivor.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>R. <HI>K.</HI> by, &amp;c. complaineth of <HI>W. A.</HI> upon a Plea that he render unto him 20 s. of lawful Engli&s;h money, which he oweth unto him, and unju&s;tly detaineth, &amp;c. For that whereas the la&s;t day of <HI>February</HI> 1651. at the Ca&s;tle, &amp;c. the &s;aid <HI>R. K.</HI> and one <HI>R. W.</HI> now de|cea&s;ed, being joynt partners of moneys and other commodities, did lend unto the &s;aid <HI>W. A.</HI> 3 l. of lawfull, &amp;c. to be paid to them or the Survivor of them on Ea&s;ter Monday then next following; of which &s;aid 3 l. the &s;aid <HI>W. A.</HI> paid to the &s;aid <HI>R. K.</HI> and <HI>R. W.</HI> in his life time the &s;um of 40 s. and there then remained unpaid the &s;um of 20 s. &s;ince which, and about the Nativity of Chri&s;t 1652. the &s;aid <HI>R. W.</HI> died, and the &s;aid <HI>R K</HI> him &s;urvived, wherby action doth acrew to the &s;aid <HI>R. K</HI> alone to have and demand of the &s;aid <HI>W. A.</HI> the &s;aid 20 s. notwith&s;tanding the &s;aid <HI>W. A.</HI> though often thereunto reque&s;ted the &s;aid 20 s. to the &s;aid <HI>R. K.</HI> hitherto hath not rendred, but the &s;ame to render hitherto hath refu&s;ed, and yet doth refu&s;e, whereupon the &s;aid <HI>R. K.</HI> &s;aith, that he is wor&s;e, and hath damage
<PB N="93" REF="58">
to the value of 39 s. and 11 d. And thereupon produ|ceth this &s;uit.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>For Rent in arrear.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>R. <HI>M.</HI> by, &amp;c. complains of <HI>H. D.</HI> of a Plea, that he render unto him 30 s, of &amp;c. which he owes unto him, and unju&s;tly detains from him. For that the &s;ame <HI>R. M.</HI> the 10 day of <HI>Apr.</HI> &amp;c. year, &amp;c. at the Ca&s;tle, &amp;c. demi&s;ed, granted, and to farm let unto the &s;aid <HI>H. D.</HI> one Cottage or dwelling hou&s;e, one garth, and four acres of arable land, Meadow or Pa&s;ture, with the ap|purtenances be they more or le&s;&s;e, lying and being at W. in the County ofore&s;aid, to have and to hold the &s;aid Cottage or dwelling hou&s;e, garth, and arable land, Meadow or Pa&s;ture with the appurtenances, unto the &s;aid <HI>H. D.</HI> and his a&s;&s;igns, from the Annunciation of the ble&s;&s;ed Virgin <HI>Mary</HI> commonly called Lady day, then next pa&s;t, for and during the term of three years then la&s;t following, fully to be compleat, fini&s;hed, and ended, yielding and paying therefore yearly rent for the &s;aid premi&s;&s;es to the &s;aid <HI>R. M.</HI> for the fir&s;t year of the &s;aid 3 years, the rent of 3 l. pre&s;ent money, and in hand to be paid to the &s;aid <HI>R. M.</HI> and 3 l. 10s. of, &amp;c. yearly to be paid to the &s;aid <HI>R. M.</HI> for the other two years re&s;idue of the &s;aid term, at the fea&s;t of S. <HI>Michael</HI> the Archangel, and the Annunciation of the ble&s;&s;ed Virgin <HI>Mary,</HI> by even and equal portions. By vertue of which demi&s;e, the &s;aid <HI>H. D.</HI> entred into the &s;aid Cot|tage or dwelling hou&s;e, and was and &s;till is po&s;&s;e&s;&s;ed of the &s;ame: and becau&s;e 35 s. for the half year rent ended at the fea&s;t of S. <HI>Michael</HI> the Archangel, in the year &amp;c. is in arrear and unpaid unto the &s;aid <HI>R. M.</HI> therefore an action doth accrew to the &s;aid <HI>R. M.</HI> to have and demand of the &s;aid <HI>H. D.</HI> the &s;aid 35 s. ne|verthele&s;s the &s;aid <HI>H. D.</HI> although he hath been often required the &s;aid 35 s. the &s;ame to the &s;aid <HI>R. M.</HI> he hath hitherto denyed to re&s;tore and pay, and as yet doth deny to re&s;tore and pay, to the damage of the &s;aid <HI>R. M.</HI> of 39 s. And therefore he brings this Suit, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<PB N="94" REF="59">
<HEAD>For Seruants wages.</HEAD>
<P><NOTE PLACE="marg">County Court. &s;&s;. </NOTE>A <HI>W.</HI> by, &amp;c complains of <HI>R. S.</HI> of a Plea, that he ren|der unto him 24 <HI>s.</HI> of &amp;c. which he ows unto him, and unju&s;tly deteynes from him For that whereas the &s;aid <HI>J. D.</HI> that is to &s;ay, the day, year, &amp;c. at the ca&s;tle, &amp;c. retained the &s;aid <HI>A. W.</HI> to &s;erve the &s;aid <HI>I. S.</HI> in the place of a Man-&s;ervant, till the Fea&s;t day of St. <HI>Martin</HI> the Bi&s;hop in Winter, then next to do and execute the lawfull occa&s;ions and commands of the &s;aid <HI>I. S.</HI> by the time afore&s;aid, paying the efore the &s;aid <HI>A. W. 12 d.</HI> of, &amp;c. which the &s;aid <HI>I. S.</HI> then and there paid to the &s;aid <HI>A. W.</HI> and al&s;o 24 <HI>s.</HI> more of, &amp;c. for his &s;allary, during the &s;aid time, at the &s;aid Fea&s;t of St. <HI>Martin</HI> in the year, &amp;c. afore&s;aid. And the &s;aid <HI>A. W.</HI> in fact &s;aith, that he according to the &s;aid re|tainder, did &s;erve the &s;aid <HI>I. S.</HI> in the place of a man-&s;ervant, and did, and executed the lawfull com|mands and occa&s;ions of the &s;aid <HI>I. S.</HI> by the time a|fore&s;aid, and that 24 <HI>s.</HI> for his &s;alary for his &s;aid &s;er|vice by the time afore&s;aid, due at the Fea&s;t of St. <HI>Martin</HI> the Bi&s;hop, in Winter, in the yeare, &amp;c. a|bove mentioned, is yet arrear and unpaid by the &s;aid <HI>I. S.</HI> to the &s;aid <HI>A. W.</HI> by which an action accrews to the &s;aid <HI>A. W.</HI> to have and require of the &s;aid <HI>I. S.</HI> the &s;aid 24 <HI>s.</HI> Neverthele&s;&s;e the &s;aid <HI>I. S.</HI> though often required, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>For not &s;etting forth of Tythes.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>R. <HI>H.</HI> Farmer of all and &s;ingular the tythes of hay growing within the Pari&s;h of <HI>F.</HI> in the County of <HI>Y.</HI> by vertue of a Writ of <HI>ju&s;ticies,</HI> by <HI>R. N.</HI> his Attor|ney) complains of <HI>T. W.</HI> upon a Plea, that he render to him 6l. of, <HI>&amp;c.</HI> which he oweth to him, and unju&s;t|ly detains. For that whereas the &s;aid <HI>T. L.</HI> the day, yeare, &amp;c. at <HI>F.</HI> afore&s;aid, in the County afore&s;aid, &amp;c. was po&s;&s;e&s;&s;ed and occupied of and in four acres of Medow in <HI>F.</HI> afore&s;aid, and Pari&s;h afore&s;aid; and be|ing &s;o po&s;&s;e&s;&s;ed, he the &s;aid <HI>T. W.</HI> did then and there cut down the gra&s;&s;e growing in and upon the &s;aid four
<PB N="95" REF="59">
acres of Meadow, and two loads of hay there, coming to the value of 40 <HI>s.</HI> then and there did take and car|ry away, before he the &s;aid <HI>T. W.</HI> had &s;et out, and &s;e|vered the tythes, or tenth part thereof from nine parts of the &s;ame, or agreed for the &s;aid tythes, or tenth part thereof, which the &s;aid <HI>R.</HI> did again&s;t the form of the Statute in the 5th yeare of <HI>E.</HI> 6. in &s;uch like ca&s;e made and provided. VVhereupon action doth acrew to the &s;aid <HI>R. H.</HI> to have and demand of the &s;aid <HI>T. VV.</HI> the &s;aid 6l. (that is to &s;ay) the treble value of the &s;aid hay &s;o carried away. Yet notwith&s;tanding the &s;aid <HI>T. VV.</HI> though often reque&s;ted, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>&V;pon an Award.</HEAD>
<P>R. <HI>H.</HI> by vertue, &amp;c. by <HI>E. B.</HI> his Attorney, doth complain of <HI>H. S.</HI> of a Plea, that he render unto him 10 l. of, &amp;c. which he oweth him, and unju&s;tly detaineth, &amp;c. For that whereas the 25th day of <HI>A.</HI> in the yeare, &amp;c. at the Ca&s;tle, &amp;c. it was concluded and agreed betwixt the &s;aid <HI>H. S.</HI> on the one party, and the &s;aid <HI>R. F.</HI> on the other party, that they and both of them &s;hould &s;tand and abide, the order, doom and Judgement of <HI>I. D.</HI> and <HI>M. L.</HI> of all and every the &s;uits, troubles, differences, debts, tre&s;pa&s;&s;e, or what&s;oever 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 &s;aid writing, being the &s;aid 25. day of <HI>A.</HI> or el&s;e one or either party not &s;tanding thereto, to forfeit to the other parties the &s;um of 10 l. of, &amp;c. And for confirmation thereof, they did both of them &s;et to their hands and &s;eales the day and yeare fir&s;t above written, at the Ca&s;tle afore&s;aid, &amp;c. as by the writing thereof (ready to be &s;hown to this Court) may appear. And whereas afterward, that is to &s;ay, the day, yeare, &amp;c. at the Ca&s;tle, &amp;c. the &s;aid <HI>I. D.</HI> and <HI>M. L.</HI> taking upon them the charge of the premi&s;&s;es, by their order in writing, bearing date the &s;ame day and yeare, la&s;t above mentioned, and here in Court to be &s;hown, did arbitrate; order, and award, that the &s;aid <HI>R. F.</HI> &s;hould deliver to the &s;aid <HI>H. S.</HI> one parcell of &s;tarch then into the hands of
<PB N="96" REF="60">
the &s;aid <HI>R. F.</HI> and the bag wherein the &s;tarch is put af|firmed to be the goods of the &s;aid <HI>H. S.</HI> upon the &s;ight of the &s;aid Order. And further, they did thereby or|der and award, that the &s;aid <HI>H. F.</HI> &s;hould pay or cau&s;e to be paid to the &s;aid <HI>R. R.</HI> upon the &s;ight of this order the &s;um of 50 <HI>s.</HI> of, &amp;c. And that all tho&s;e &s;uits, debts, tre&s;pa&s;&s;es, or debates what&s;oever from the beginning of the world until the &s;aid 25. day of <HI>April,</HI> the yeare, &amp;c. &s;hould utterly cea&s;e, and have an end; or el&s;e the party not &s;tanding to the &s;ame, to forfeit as in the &s;aid Order is expre&s;&s;ed, the &s;um of 10 l. as by the &s;aid award &s;ealed the &s;aid day, year, &amp;c. by the &s;aid Arbitrators, and here in Court ready to be &s;hown, may appear. And the &s;aid <HI>R.</HI> F. in fact &s;aith, that though he hath performed all things in the &s;aid award, on his part to be performed: Yet the &s;aid <HI>H. S.</HI> hath not performed any thing in the &s;aid award on his part to be performed: And namely for that the &s;aid <HI>H.</HI> S. hath not paid to the &s;aid <HI>R. F.</HI> upon the &s;ight of the &s;aid Order, being the day, yeare, &amp;c. at the Ca&s;tle, &amp;c. the &s;um of 50 <HI>s.</HI> of, &amp;c. whereby action doth ac|crew to the &s;aid <HI>R. F.</HI> to have, and demand of the &s;aid <HI>H. S.</HI> the &s;aid 10 l. The &s;aid <HI>H. S.</HI> notwith&s;tanding, though often thereunto reque&s;ted the &s;aid 50 <HI>s.</HI> to the &s;aid <HI>R. F.</HI> hath not yet paid, but the &s;ame to pay, <HI>&amp;c.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>For Attorneys Fees.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>R. <HI>A.</HI> Gentleman, &amp;c. by <HI>T. S.</HI> his Attorney, doth complain of <HI>W. P.</HI> of a Plea, that he do render unto him 1 l. 17 <HI>s. 2 d.</HI> of, &amp;c. which he doth owe unto him, and unju&s;tly detains from him; For that whereas the &s;aid <HI>W. P.</HI> the day, yeare, &amp;c. at the Ca&s;tle of <HI>Y.</HI> did retaine him the &s;aid <HI>R. A,</HI> to be the Attorney of him the &s;aid <HI>W. P.</HI> in the County Court holden at the Ca&s;tle of <HI>Y.</HI> in the County of <HI>Y.</HI> before the &s;uitors of the &s;ame Court to pro&s;ecute as the Attorny of him the &s;aid <HI>W. P.</HI> for him the &s;aid <HI>W. P.</HI> in a certain Action, in the name of him the &s;aid <HI>W. P.</HI> again&s;t one <HI>T. C.</HI> of a Plea of Debt, from the &s;aid day and yeare, &amp;c. &s;o long as &s;hould plea&s;e both parties,
<PB N="97" REF="60">
taking for his fees and paines in that behalfe &s;u&s;tained every Court day, in which he the &s;aid <HI>R A.</HI> &s;hould be the Attorney of him the &s;aid <HI>W P.</HI> in the &s;aid cau&s;e 2 <HI>s.</HI> of lawfull, &amp;c. be&s;ides his other rea&s;onable char|ges and expences by him the &s;aid <HI>R A.</HI> in and about the pro&s;ecution of the &s;aid action to be laid out. By vertue of which &s;aid retainer the &s;aid <HI>R A.</HI> was the Attorney of him the &s;aid <HI>W. P.</HI> for eight Court dayes then next following; and that he did lay out to the Clark and other Offices of the &s;aid Court, in and about the pro&s;ecution of the &s;aid &s;uit 1 <HI>l. 1 s. 2 d.</HI> of, &amp;c. which together with the 16 <HI>s,</HI> for his fees for the &s;aid Court dayes, doth in all amount to 1 l. 17 <HI>s.</HI> 2 d. of, &amp;c. By rea&s;on whereof an action doth accrue to the &s;aid <HI>R A.</HI> to have and recover of him the &s;aid <HI>W P.</HI> the &s;aid 1 <HI>l. 17 s. 2 d.</HI> yet the &s;aid <HI>W P.</HI> although often reque&s;ted the &s;aid, &amp;c. to the &s;aid <HI>R A.</HI> he hath not rendred; but to render the &s;ame to him he hath altogether hitherto refu&s;ed, and doth yet refu&s;e, to the great damage of him the &s;aid <HI>R A.</HI> Whereupon he &s;aith, that he is damnified, and hath damage to the value of 35 <HI>s.</HI> And thereupon he brings this &s;uit, <HI>&amp;c.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>&V;pon a Lea&s;e for Tythes.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>W. <HI>T.</HI> by <HI>E B.</HI> his Attorney complains of <HI>R R.</HI> of a plea, that he render unto him 20 <HI>s.</HI> of, &amp;c. which he oweth unto him, and unju&s;tly detain|eth from him, &amp;c. For that whereas the &s;aid <HI>W. T.</HI> the 11th day of <HI>November,</HI> in the yeare, &amp;c. at, &amp;c. be|ing then Farmer of the Rectory of for one yeare then next following, did let unto the &s;aid <HI>R R.</HI> all the Tythes of Corne being of, and on &s;ix acres and three roods of arrable Land, being part of the Land of <HI>O P.</HI> in <HI>VVeatherby</HI> afore&s;aid, and parcell of the &s;aid Re|ctory for 20 <HI>s.</HI> of, &amp;c. to be paid to the &s;aid <HI>VV T.</HI> in manner and forme following (that is to &s;ay) 12 <HI>s,</HI> upon the Fea&s;t of St. <HI>Marke</HI> the Evangeli&s;t then next following, and the other 8 <HI>s.</HI> upon the Fea&s;t of St. <HI>Martin</HI> the Bi&s;hop in Winter then next following. Yet notwith&s;tanding the &s;aid R. R. though often there|unto
<PB N="98" REF="61">
reque&s;ted the &s;aid 20 <HI>s.</HI> to the &s;aid <HI>W T.</HI> hath not yet rendred, but the &s;ame to render hath contradict|ed, and yet doth contradict: Whereupon the &s;aid <HI>W. T.</HI> &s;aith that he is wor&s;e, and hath damage to the value of 30 <HI>s.</HI> And thereupon produceth &s;uit, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>&V;pon a Bond where one is bound to two, and one dyes before the commencement of the Suit.</HEAD>
<P><NOTE PLACE="marg">County Court. &s;&s;. </NOTE>J. <HI>P.</HI> by vertue of a VVrit of <HI>Ju&s;ticies,</HI> &amp;c. complains of <HI>M. M.</HI> of <HI>S.</HI> yeoman, otherwi&s;e called <HI>M. M.</HI> of <HI>S.</HI> Yeoman, of a plea, that he render unto him 40 l. of, &amp;c. which he oweth to him, and unju&s;tly detaineth from him, &amp;c. For that whereas the &s;aid <HI>M. M.</HI> the &s;econd day of <HI>May,</HI> in the yeare, &amp;c. at, &amp;c. by his certain writing obligatory, &s;ealed with his &s;eale, and here in Court produced, the date whereof is the day and yeare above&s;aid, did grant him&s;elfe to owe, and to be firmly bound unto the &s;aid <HI>I. P.</HI> and <HI>E. G.</HI> late of the City of <HI>Y.</HI> decea&s;ed, in the &s;um of 40 l. to be paid to the &s;aid <HI>I. P.</HI> or <HI>E. G.</HI> or either of them, when he &s;hould be thereunto reque&s;ted; which &s;aid <HI>E. G.</HI> af|terward and before the commencement of this &s;uit dy|ed, and the &s;aid <HI>I. P.</HI> him &s;urvived and outlived, by which action doth accrew to the &s;aid <HI>I. P.</HI> to have and demand of the &s;aid <HI>M. M.</HI> the afore&s;aid &s;um of 40 l. Notwith&s;tanding the &s;aid <HI>M. M.</HI> though he hath beene often reque&s;ted, the &s;aid 40 l. unto the &s;aid <HI>E G.</HI> hath not rendered, nor to the &s;aid <HI>I. P.</HI> &s;ince the death of the &s;aid <HI>E. G.</HI> hath not rendered, but to render, <HI>&amp;c.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Another upon the &s;ame.</HEAD>
<P><NOTE PLACE="marg">County Court. &s;&s;, </NOTE>I. <HI>H.</HI> by vertue, &amp;c. complains of <HI>VV. H.</HI> of <HI>L.</HI> other|wi&s;e called, &amp;c. of a plea, that he render unto him 20 l. which to him he oweth, and unju&s;tly detaineth, &amp;c. For that whereas the &s;aid <HI>VV: H:</HI> (&s;uch a day and yeare) at, &amp;c. by his writing obligatory, did acknow|ledge him&s;elfe to be bound to the &s;aid <HI>I. H.</HI> and one
<PB N="99" REF="61">
<HI>M. H.</HI> now dead, whom the &s;aid <HI>I. H.</HI> hath &s;urvived in the afore&s;aid 20 l. to be paid unto the &s;aid <HI>I. H.</HI> and <HI>M. H.</HI> or either of them, when he &s;hould be thereunto reque&s;ted; Yet the &s;aid <HI>VV. H.</HI> although often reque|&s;ted the afore&s;aid 20 l. to the &s;aid <HI>I. H.</HI> and <HI>M. H.</HI> or ei|ther of them in the life-time of the &s;aid <HI>M. H.</HI> or to the &s;aid <HI>I. H.</HI> after the death of the &s;aid M. <HI>H.</HI> whom, &amp;c. hath not rendered, but the &s;ame to them to render hath denyed, and the &s;ame to the &s;aid <HI>I. H.</HI> yet to render doth deny. Whereupon he &s;aith that he is made wor&s;e, and hath damages to the value of 30 l. And thereof he bringeth his &s;uit, &amp;c. And bringeth here into the Court the writing afore&s;aid, which te&s;ti|fieth the &s;aid debt in manner afore&s;aid, the date where|of is the day and year above&s;aid.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>&V;pon a Bond for an Executor again&s;t Si|&s;ters as Co-heires, one of them being married.</HEAD>
<P><NOTE PLACE="marg">York. &s;&s;. </NOTE>T. <HI>P.</HI> Executor of the Te&s;tament of <HI>VV. P.</HI> by Writ, &amp;c. complains again&s;t <HI>R. M.</HI> late of <HI>L.</HI> Knight, and <HI>A.</HI> his wife, and <HI>L B.</HI> late of <HI>L. Spin&s;ter,</HI> daughters and co-heirs of <HI>C B.</HI> Gent. lately called <HI>C B.</HI> &amp;c. of a plea, that they render unto him 80 l. which from him they unju&s;tly detain, &amp;c. For that whereas the &s;aid <HI>C B.</HI> Father of the afore&s;aid <HI>A.</HI> and <HI>L.</HI> who&s;e heirs they are in his life time, the 10th day of <HI>June,</HI> &amp;c. at, &amp;c. by his writing obligatory did ac|knowledge him&s;elfe to be bound to the &s;aid <HI>W. P.</HI> in his life time in the afore&s;aid 80 l. to be paid unto the &s;aid <HI>W. P.</HI> when he &s;hould be thereunto reque&s;ted. And to the &s;ame payment well and faithfully to be made, the afore&s;aid <HI>C. B.</HI> hath bound him&s;elfe and his heires by the &s;ame writing. Yet the &s;aid <HI>C. B.</HI> in his life time, and the afore&s;aid <HI>A.</HI> and <HI>L.</HI> daughters and co-heirs of the &s;aid <HI>C. B.</HI> after the death of the &s;aid <HI>C. B.</HI> whil&s;t they were &s;ole, and the &s;aid <HI>R.</HI> and <HI>A.</HI> and <HI>L.</HI> after the Marriage between them the &s;aid <HI>R.</HI> and <HI>A.</HI> celebrated, although often reque&s;ted the a|fore&s;aid 80 l. to the &s;aid <HI>W. P.</HI> in his life time, or to
<PB N="100" REF="62">
the &s;aid <HI>T. P.</HI> after the death of the &s;aid <HI>VV. P.</HI> have not rendred, but the &s;ame to them to render have denyed, and the afore&s;aid <HI>R.</HI> and <HI>A.</HI> and <HI>L.</HI> the &s;ame to the &s;aid <HI>T. P.</HI> yet to render doth deny, and unju&s;t|ly detaine; whereupon he &s;aith that he is made wor&s;e, and hath damage to the value of 10 l. And thereof he brings his &s;uit, &amp;c. And he bringeth, &amp;c. (as in another upon a Bond for an Execu|tor, &amp;c.)</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>&V;pon a Bond again&s;t an Admini&s;trator, for an Admini&s;trator during the mi|nority of the Executor of an Exe|cutor.</HEAD>
<P><NOTE PLACE="marg">Y. &s;&s;. </NOTE>W. <HI>T.</HI> &amp; <HI>E.</HI> his Wife Admini&s;tratrix of the goods and Chattels which were of <HI>E. A.</HI> of <HI>H.</HI> late of, Executor of the Te&s;tament of <HI>E. A.</HI> of <HI>T.</HI> by Writ, &amp;c. complains again&s;t <HI>M. C.</HI> &amp;c. Admini&s;tratrix of the Goods and Chattels which were of <HI>R. C.</HI> who dyed inte&s;tate, &amp;c. lately called <HI>R. C.</HI> of <HI>T.</HI> in the County of <HI>Yo.</HI> Gentleman of a plea, that &s;he ren|der unto them 40 pounds, which from them &s;hee unju&s;tly deteyneth, &amp;c. For that whereas the &s;ayd <HI>R. C.</HI> in his life time, the fourth day of <HI>January,</HI> &amp;c. 1649. at <HI>Y.</HI> by his certaine writing obligatory, did acknowledge him&s;elfe to be bound to the &s;aid <HI>E. A.</HI> of <HI>T.</HI> in his life time, in the afore&s;aid 40 pounds to be paid unto the &s;aid <HI>E. A.</HI> when he &s;hould be thereunto reque&s;ted. Yet the &s;aid R. C. in his life time, and the afore&s;aid <HI>M. C.</HI> after the death of the &s;aid R. C. to whom the Admini&s;tra|tion of all the Goods and Chattels which were of the &s;aid R. C. at the time of his death at <HI>Y.</HI> a|fore&s;aid, after the death of the &s;aid R. C. was committed, although often reque&s;ted the afore&s;aid 40 pounds to the &s;aid <HI>E. A.</HI> of <HI>T.</HI> in his life time, and to the &s;aid <HI>E. A.</HI> of <HI>H.</HI> in his life time, after the death of the &s;aid <HI>E. A.</HI> of <HI>T.</HI> or to the &s;aid <HI>E.</HI> after the death of the &s;aid <HI>E. A.</HI> of <HI>H.</HI> while &s;he
<PB N="101" REF="62">
was &s;ole, to whom the Admini&s;tration of all the Goods and Chattels which were of the &s;aid <HI>E. A.</HI> of <HI>H.</HI> at the time of his death during the minority of the &s;aid <HI>E. A.</HI> the younger, Executor of the Te&s;ta|ment of the &s;aid <HI>E. A.</HI> of <HI>H.</HI> which &s;aid <HI>E. A.</HI> the younger is yet within the age (namely) of 14 years, and no more, by the Keepers of the Liberty of <HI>Eng|land,</HI> &amp;c. the tenth day of <HI>May,</HI> 1651. at <HI>Y.</HI> afore|&s;aid after the death of the &s;aid <HI>E. A.</HI> of <HI>H.</HI> was com|mited, or to the &s;ayd <HI>VV. T.</HI> and <HI>E.</HI> after the mar|riage betwixt them celebrated have not rendred, but the &s;ame to them to render have denyed. And the &s;aid <HI>M. C.</HI> the &s;ame to the &s;aid <HI>VV. T.</HI> and <HI>E.</HI> yet to render doth deny and unju&s;tly detayne. Whereup|on they &s;ay that they are made wor&s;e, and have da|mage to the value of thirty pounds, and hereof they bring their &s;uit, <HI>&amp;c.</HI></P>
<P>And they bring here into the Court a&s;well the Writing afore&s;aid, which te&s;tifieth the debt in man|ner afore&s;aid, the date whereof is the afore&s;aid 14th day of <HI>Ianuary,</HI> 1649. afore&s;aid, as the Letters te|&s;tamentary of the &s;aid <HI>E. A.</HI> of <HI>T.</HI> by which it doth &s;ufficeently appeare to the Court here the &s;aid <HI>E. A.</HI> of <HI>H.</HI> to have beene Executor of the Te&s;tament of the &s;aid <HI>E. A.</HI> of <HI>T.</HI> And thereof to have had Admi|ni&s;tration, &amp;c. As al&s;o the Letters te&s;tamentary of the &s;aid <HI>E. A.</HI> of <HI>H.</HI> By which it doth &s;ufficiently appeare to the Court here, the &s;aid <HI>E. A.</HI> the youn|ger to be Executor of the Te&s;tament of the &s;ayd <HI>E. A.</HI> of <HI>H.</HI> And al&s;o the Letters of Admini|&s;tration of the &s;ayd Keepers, which te&s;tifieth the committing of the Admini&s;tration afore&s;aid to the &s;aid <HI>E.</HI> in form afore&s;aid, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<PB N="102" REF="63">
<HEAD>For not delivering of a Pawn upon tender of the money borrowed.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>A. <HI>S.</HI> by Writ, &amp;c. complains again&s;t <HI>E. P.</HI> of a Plea whereas the &s;aid <HI>A.</HI> the fir&s;t day of <HI>May,</HI> &amp;c. at &amp;c. borrowed of the &s;aid <HI>E. P.</HI> 12 l. of, &amp;c. and then and there did pawn, and in the name of a pledge, gave and delivered to the &s;aid <HI>E. P.</HI> divers goods and chattels of the &s;aid <HI>A. S.</HI> to the value of 172 l. of lawfull, &amp;c. for &s;ecurity to the afore&s;aid <HI>E. P.</HI> for the repayment of the afore&s;aid 12 l. together with intere&s;t for deferring and giving day of payment of the &s;aid 12 l. according to the rate of 6 l. in the hundred by &s;um until the afore|&s;aid, <HI>A. S.</HI> the afore&s;aid 12 l. to the afore&s;aid <HI>E. P.</HI> &s;hould repay. And the afore&s;aid <HI>E. P.</HI> then and there (that is to &s;ay) the fir&s;t day of <HI>May,</HI> the year, &amp;c. afore|&s;aid at, &amp;c. in con&s;ideration of the premi&s;&s;es upon him did a&s;&s;ume, and to the &s;aid <HI>A. S.</HI> then and there faith|fully promi&s;ed, that he the afore&s;aid <HI>E. P.</HI> the goods and chattels afore&s;aid to him by the afore&s;aid <HI>A. S.</HI> formerly pawned and delivered to the &s;aid <HI>E. P.</HI> upon the payment of the afore&s;aid 12 l. together with inte|re&s;t for the &s;aid 12 l. according to the rate afore&s;aid to him to be made, he would well and faithfully redeliver and re&s;tore, although the &s;aid <HI>A. S.</HI> afterward, that is to &s;ay, the 16. day of <HI>S.</HI> the year, &amp;c. and often after at, &amp;c. the afore&s;aid 12 l. together with the intere&s;t for the &s;aid 12 l. according to the rate of 6 l. in the hun|dred, by the whole to the afore&s;aid <HI>E. P.</HI> fully to pay and &s;atisfie offered. Notwith&s;tanding the afore&s;aid <HI>E. P.</HI> his promi&s;e and a&s;&s;umption afore&s;aid little re|garding, but &s;hifting and fraudulently intending the &s;aid <HI>A. S.</HI> in that part craftily and &s;ubtilly to deceive and defraud the afore&s;aid; the afore&s;aid 12 l. together with the intere&s;t for the &s;ame 12 l. according to the rate afore&s;aid of the afore&s;aid <HI>A. S.</HI> to receive, and the goods and chattels afore&s;aid to the <HI>A. S.</HI> to redeli|ver altogether hath refu&s;ed, and as yet doth refu&s;e, to the great damage of the &s;aid <HI>A. S.</HI> &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<PB N="103" REF="63">
<HEAD>Again&s;t a Carrier for lo&s;&s;e of goods delivered to him.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;&s;. </NOTE>G. <HI>B.</HI> E&s;quire, by vertue, &amp;c. complains of <HI>P. M.</HI> upon an action of tre&s;pa&s;s upon the Ca&s;e, for that whereas the afore&s;aid <HI>P. M.</HI> (&s;uch a day and year) at, &amp;c. and long before, and always after, hitherto was, and yet is a Common Carrier from the City of <HI>Y.</HI> in the County of the &s;ame City, unto the Town of <HI>S.</HI> in the &s;aid County, and from the &s;aid Town of <HI>S.</HI> un|to the &s;aid City of <HI>Y.</HI> And the &s;ame <HI>P. M.</HI> the &s;ame day and year, and long before, and continually after hi|therto was u&s;ed and accu&s;tomed, by him&s;elf and his &s;ervants upon the hor&s;es of him the &s;aid <HI>P. M.</HI> to carry goods and chattels for any manner of per&s;ons for a rea&s;onable and a lawfull &s;tipend and &s;allary in that be|halfe therefore to be paid; to be carried to and from, between the afore&s;aid Town of <HI>S.</HI> and City of <HI>Y.</HI> ac|cording to an u&s;ual agreement and payment in that behalf to be made and had: and whereas al&s;o accord|ding to the Law and Cu&s;tom of this Commonwealth of <HI>England,</HI> all &s;uch like common Carriers who do re|ceive goods and chattels of any manner of per&s;ons &s;o to be carried, for a rea&s;onable or lawfull &s;tipend or &s;al|lary therefore to be given or paid, are bound to keep and carry the &s;ame goods and chattels of &s;uch like per&s;ons &s;o received, without &s;poiling, with-holding, or lo&s;ing of them: &s;o that for, or by the default of &s;uch Common Carrier no damage &s;hould in any manner happen to &s;uch per&s;ons by carrying of their Carriages: And whereas the afore&s;aid P. M. the afore&s;aid, (&s;uch a day and year) at <HI>S</HI> afore&s;aid in the County afore|&s;aid had taken upon him to carry one Trunk fa&s;t lock|ed with divers moneys, goods, and chattels of him the &s;aid <HI>G. B.</HI> to the value of 10 l. in the &s;ame Trunk then being &s;a&s;ely and carefully from the afore&s;aid City of <HI>Y.</HI> to and unto the &s;aid Town of <HI>S.</HI> and for a certain and u&s;uall &s;tipend, &s;allary and rate, for carrying of the &s;aid Trunk, moneys, goods, and chattels afore&s;aid, by the afore&s;aid <HI>G.</HI> afterwards, to wit, &s;uch a day
<PB N="104" REF="64">
and year afore&s;aid, at the City of <HI>Y.</HI> afore&s;aid, recei|ved of him the &s;aid <HI>G. B.</HI> the Trunk afore&s;aid, with the moneyes, goods, and chattels afore&s;aid in the &s;ame che&s;t then as afore&s;aid being locked in form afore&s;aid to be carried: the afore&s;aid <HI>P. M.</HI> the Trunk afore|&s;aid, with the moneys, goods, and chattels afore&s;aid of him the &s;aid <HI>G B.</HI> afterwards, to wit, (&s;uch a day year, and place) did &s;o negligently and improvidently keep and carry, that divers moneyes, goods, and chattels of him the &s;aid <HI>G. B.</HI> in the &s;aid Trunk as afore&s;aid, before that being locked (that is to &s;ay) 5 l. in money numbred, one pair of, &amp;c. to the value of, &amp;c. by the negligent cu&s;tome of him the &s;aid <HI>P. M.</HI> then and there lo&s;t were taken, and that he the &s;aid <HI>G. B.</HI> tho&s;e moneys, goods, and chattels la&s;t mentioned from thence until the day, &amp;c. to wit (&s;uch a day and yeare) hath not received nor had, although the &s;aid <HI>P. M.</HI> by him the &s;aid <HI>G. B.</HI> afterwards, to wit (&s;uch a day and year) hath of|ten been required to deliver to him the &s;aid <HI>G B.</HI> the moneyes, goods, and chattels afore&s;aid, &s;o as afore&s;aid lo&s;t. Whereupon the &s;ame <HI>G. B.</HI> &s;aith that he is damnified, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>For Coales, promi&s;ing to pay &s;o much as they &s;hould rea&s;onably be worth.</HEAD>
<P>I. <HI>I.</HI> by, &amp;c. complains of <HI>R. R.</HI> of a Plea of Tre&s;|pa&s;&s;e upon the ca&s;e, &amp;c. for that whereas the &s;aid <HI>R. R.</HI> the day, year, &amp;c. at the Ca&s;tle, &amp;c. In con&s;ideration that the &s;aid <HI>I. I.</HI> at the reque&s;t of the &s;aid <HI>R. R.</HI> had bargained and &s;old unto the &s;aid R. R. eleven wains loads of coales; he did a&s;&s;ume upon him&s;elfe, and to the &s;aid <HI>I. I.</HI> then and there &s;aithfully promi&s;e, that he the &s;aid R. R. &s;o much as the &s;aid eleven waines loads of coales &s;hould be rea&s;onably worth unto the &s;aid <HI>I. I.</HI> when he &s;hould be thereunto reque&s;ted would well and &s;aithfully pay and content. And the &s;aid <HI>I. I.</HI>
<PB N="105" REF="64">
in fact &s;aith, that the &s;aid eleven wains loads of coals was rea&s;onably worth thirty three &s;hillings of, &amp;c. Yet notwith&s;tanding the &s;aid R. R. not re|garding his promi&s;e, and a&s;&s;umption afore&s;aid, but &s;ubtilly and craftily intending to defraud and deceive the &s;aid <HI>I. I.</HI> in the premi&s;&s;es, although he hath been often reque&s;ted the afore&s;aid thirty three &s;hillings unto the &s;aid <HI>I. I.</HI> he hath not paid, but the &s;ame unto him to pay altogether hitherto he hath refu&s;ed, and as yet doth refu&s;e, contrary to his promi&s;e and a&s;&s;umption afore&s;aid; to the great damage of the &s;aid <HI>I. I.</HI> whefore he &s;aith, he is wor&s;e, and hath damage to the value of thirty nine &s;hillings. And thereupon produceth &s;uit, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>For a Hor&s;e &s;old, warranted to be &s;ound.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>W. M. by R. B his Attorney complains of R. K. of a plea of Tre&s;pa&s;&s;e upon the ca&s;e. That whereas the &s;aid W. M. the day and year, &amp;c. at the Ca&s;tle, &amp;c did buy of the &s;aid R. K. one black Gel|ding for five pounds of, &amp;c. he the &s;aid R. K. then and there did warrant the &s;aid Gelding to be whole, &s;ound and not in&s;ected with any di&s;ea&s;e or infir|mity: and the &s;aid W M. in fact &s;aith, that the &s;aid Gelding was then &s;o in&s;ected with the glaunders, and divers other di&s;ea&s;es, and infirmities, as the &s;aid Gelding was nothing worth to the &s;aid W. M. to the damage of the &s;aid W. M. of thirty nine &s;hil|lings. And thereupon he brings this action, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>For a Hor&s;e lent, promi&s;ing to redeliver him, &amp;c.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>I. R. complains of <HI>I. A.</HI> of a Plea of Tre&s;pa&s;&s;e upon the Ca&s;e, &amp;c. That whereas the &s;aid <HI>I. A.</HI> the day, year, &amp;c. at the Ca&s;tle, &amp;c. In con&s;ideration that the &s;aid I. R. then and there at the in&s;tance and re|que&s;t of the &s;aid <HI>I. A.</HI> had lent and delivered unto the &s;aid <HI>I. A.</HI> one Bay Nag of the price of &s;ix pounds to be
<PB N="106" REF="65">
redelivered to the &s;aid <HI>I. R.</HI> when after that he &s;hould be thereunto reque&s;ted, the &s;aid <HI>I. A.</HI> a&s;&s;umed upon him&s;elf, and to the &s;aid <HI>I. R.</HI> then and there faith|fully promi&s;ed, that he the &s;aid <HI>I. A.</HI> the &s;aid Bay Nag unto the &s;aid <HI>I. R.</HI> when after he &s;hould be thereunto reque&s;ted, would faithfully re&s;tore and deliver, and al&s;o 12 d. of, &amp;c. for every day wherein the &s;aid <HI>I. A.</HI> &s;hould labour or ride the &s;aid Nag, to the &s;aid <HI>I. R.</HI> when after that he &s;hould be thereunto reque&s;ted, well and faithfully would pay and content. And the &s;aid <HI>I. R.</HI> in fact &s;aith, that he the &s;aid <HI>I. A.</HI> forty dayes did labour or ride the &s;aid Nag. Neverthele&s;s the &s;aid <HI>I. A.</HI> his promi&s;e and a&s;&s;umption afore&s;aid not regarding, but craftily and &s;ubtilly intending to defraud and deceive the &s;aid <HI>I. R,</HI> in the premi&s;&s;es, although the day, year, &amp;c. above&s;aid, as al&s;o at di|vers dayes and times after that, and before the Com|mencement of this &s;uit, at the Ca&s;tle, &amp;c. he hath often been reque&s;ted to deliver the &s;aid Nag to the &s;aid <HI>I. R.</HI> But the &s;aid Nag to re&s;tore or deliver to the &s;aid <HI>I. R.</HI> he hath not delivered, and the &s;ame to re&s;tore or deliver he hath altogether refu&s;ed, and yet doth refu&s;e, no nor 40s. for the labour or hire of the &s;aid Nag, the &s;aid forty dayes to the &s;aid <HI>I. R.</HI> hath not paid, but the &s;ame to pay he likewi&s;e hath refu&s;ed, and &s;till doth refu&s;e, contrary to his promi&s;e and a&s;&s;umption afore&s;aid, to the great damage of him the &s;aid <HI>I. R.</HI> of, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>For adgy&s;ting of Bea&s;ts.</HEAD>
<P><NOTE PLACE="marg">County Court, &s;s. </NOTE>T. <HI>B.</HI> complaines of <HI>I. S.</HI> upon a Plea of Tre&s;pa&s;&s;e upon the Ca&s;e; For that whereas the day, year, &amp;c. at the Ca&s;tle, &amp;c. In con&s;ideration that the &s;aid <HI>T. B.</HI> at the &s;peciall in&s;tance and reque&s;t of <HI>I. D.</HI> in his life time would depa&s;ture and feed two Oxen of the &s;aid <HI>I. D.</HI> in the ground of the &s;aid <HI>T. B.</HI> in <HI>A.</HI> within the &s;aid County, &amp;c. From the &s;aid day, year, &amp;c, unto the end of one month next following, he the &s;aid <HI>I. D.</HI> in his life time did a&s;&s;ume upon him&s;elf, and to the &s;aid <HI>T. B.</HI> then and the faithfully promi&s;ed, that the &s;aid <HI>I. D.</HI> as much as the &s;aid depa&s;turing, and
<PB N="107" REF="65">
&s;eeding &s;hould be rea&s;onably worth to the &s;aid <HI>T. B.</HI> when he the &s;aid <HI>I. D.</HI> &s;hould be thereunto reque&s;ted well and truly would content and pay. And the &s;aid <HI>T. B.</HI> in fact &s;aith, that he from the &s;aid day, year, &amp;c. unto the end of one month then next folowing did de|pa&s;ture and feed the &s;aid two Oxen of the &s;aid <HI>I. D.</HI> in the &s;aid ground of the &s;aid <HI>T. B.</HI> in <HI>A.</HI> afore&s;aid, and that the &s;aid depa&s;turing and feeding was rea&s;onably worth 12 s. of, &amp;c. Yet notwith&s;tanding the &s;aid <HI>I. D.</HI> in his life time, and the &s;aid <HI>I. S.</HI> after the death of the &s;aid <HI>I. D.</HI> the promi&s;es and a&s;&s;umptions of the &s;aid <HI>I. D.</HI> not regarding, but endeavouring, and fraudulently intending, the &s;aid <HI>T. B.</HI> in this behalf craftily and &s;ub|tilly to deceive and defraud: the &s;aid 12 s. or any pen|ny thereof, to the &s;aid <HI>T. B.</HI> as yet hath not paid, nor for the &s;ame any way contented, but the &s;ame to pay the &s;aid <HI>I. D.</HI> in his life time, and the &s;aid <HI>I. S.</HI> af|ter his death hath refu&s;ed, and as yet doth refu&s;e: although the &s;aid <HI>I. D.</HI> in his life time, afterwards, that is to &s;ay, the day, year, &amp;c. at the Ca&s;tle; &amp;c. was thereunto reque&s;ted: whereupon the &s;aid <HI>T. B.</HI> &s;aith, he is wor&s;e, and hath damage to the value of 30 s. and thereupon produceth &s;uit, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>For curing a Wound.</HEAD>
<P><NOTE PLACE="marg">Y. &s;s. </NOTE>A. <HI>S.</HI> complains of <HI>W. H.</HI> in, &amp;c. For that whereas the &s;aid <HI>W. H.</HI> the day, year, &amp;c. at the Ca&s;tle, &amp;c. being then and there fore wounded in his throat and back, with the &s;tab of a knife: In con&s;ideration that the &s;aid <HI>A. S.</HI> at the &s;pecial in&s;tance and reque&s;t of the &s;aid <HI>W. H.</HI> would to the be&s;t of his art and skil of a Chirurgeon, endeavour to cure the wound of the &s;aid <HI>W. H.</HI> and take pains and labour therein, he the &s;aid <HI>W. H.</HI> did a&s;&s;ume upon him&s;elfe, and to the &s;aid <HI>A. S.</HI> then and there faithfully promi&s;ed, that he the &s;aid <HI>W. H.</HI> &s;o much as the &s;aid endeavour, labour and paines of him the &s;aid <HI>A. S.</HI> to cure the &s;aid wounds of the &s;aid <HI>W. H.</HI> and his charges and paines therein &s;hould be rea&s;onably worth, unto the &s;aid <HI>A. S.</HI> when he &s;hould be thereunto re|quired, would well and faithfully pay and content.
<PB N="108" REF="66">
And the &s;aid <HI>A. S.</HI> in Fact &s;aith, that his endeavour, labour, and paines to cure the &s;aid wounds of the &s;aid <HI>W. H.</HI> and his charges therein was rea&s;onably worth 30 <HI>s.</HI> of, &amp;c. Notwith&s;tanding the &s;aid <HI>W. H.</HI> not ca|ring for his promi&s;e and a&s;&s;umption, but endeavouring and fraudulenly intending him the &s;aid <HI>A. S.</HI> in this behalfe, craftily and &s;ubtilly to deceive and defraud, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>For a Labourers hire.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>M. R. complains of <HI>G. N.</HI> in an, &amp;c. for that where|as the &s;aid <HI>G. N.</HI> the day, yeare, &amp;c. at, &amp;c. In con&s;ideration that the &s;aid M. R. then and there at the reque&s;t of the &s;aid <HI>G. N.</HI> would cut downe certaine whins of the &s;aid <HI>G. N.</HI> then growing and being in a Clo&s;e called the <HI>O.</HI> lying in the Town&s;hip of <HI>H.</HI> in the County afore&s;aid, and make the &s;ame whins into whin-kids or faggots, the &s;aid <HI>G. N.</HI> a&s;&s;umed upon him&s;elfe, and to the &s;aid M. R. then and there faith|fully promi&s;ed, that he the &s;aid <HI>G. N.</HI> as much as would plea&s;e or content him the &s;aid M. R. for his work and labour in cutting down and kidding the &s;aid whins in the Clo&s;e afore&s;aid, as long as the &s;aid M. R. &s;hould &s;o worke and labour for the &s;aid <HI>G. N.</HI> when afterwards that he &s;hould be thereunto reque&s;ted would well and faithfully pay and content. And the afore&s;aid M. R. doth aver and &s;ay, that accordingly he did cut down and kid whins for the &s;aid <HI>G. N.</HI> in the Clo&s;e afore&s;aid by the &s;pace of one whole day then next after, and that he well de&s;erved 12 <HI>d.</HI> of, &amp;c. for his wages, for his day-work, and labour, and that 12 <HI>d.</HI> is a rea|&s;onable &s;umme to plea&s;e and content him for his &s;aid day-work and labour, in cutting down and kidding of the &s;aid whins as afore&s;aid; yet notwith&s;tanding the afore&s;aid <HI>G. N.</HI> his promi&s;e and a&s;&s;umption afore&s;aid, little minding or regarding, but craftily and &s;ubtilly intending to deceive and defraud the &s;aid <HI>M. R.</HI> in the premi&s;&s;es, although, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<PB N="109" REF="66">
<HEAD>In con&s;ideration that the Plaintiff would deliver unto one <HI>E. L.</HI> certain Mercery wares, if he did not pay for them, the Defendant would.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>P. B. E&s;quire, by vertue of a Writ, &amp;c. doth com|plain of <HI>H. S.</HI> of an action, &amp;c. for that whereas the day, year, &amp;c. at the Ca&s;tle <HI>&amp;c.</HI> In con&s;ideration that the &s;aid <HI>P. B.</HI> (being then and yet a Mercer of the City of <HI>Y:</HI> would deliver unto <HI>E L.</HI> for the u&s;e of the &s;aid <HI>E L.</HI> &s;uch parcels of Mercery wares, as he the &s;aid <HI>E L.</HI> &s;hould take up and receive of the &s;aid <HI>P B.</HI> he the &s;aid <HI>H S.</HI> did a&s;&s;ume upon him&s;elfe, and to the &s;aid <HI>P B.</HI> then and there did faithfully promi&s;e, that if the &s;aid <HI>E L.</HI> &s;hould not pay and &s;atisfie the &s;aid P <HI>B.</HI> for the &s;aid wares at &s;uch rates and prizes, as the &s;aid <HI>E L.</HI> and the &s;aid <HI>P B.</HI> &s;hould agree upon, that he the &s;aid <HI>H S.</HI> would well and truly pay and &s;atisfie unto the &s;aid <HI>P B.</HI> all &s;uch moneys as the &s;aid <HI>E L.</HI> and <HI>P B.</HI> &s;hould agree upon for the rates and prizes of the &s;aid wares, betwixt the &s;aid day, yeare, <HI>&amp;c.</HI> and May day then next after: And the &s;aid <HI>P B.</HI> in fact &s;aith, that afterwards, that is to &s;ay, the day, <HI>&amp;c.</HI> and year afore&s;aid, at the Ca&s;tle, <HI>&amp;c.</HI> afore&s;aid, the &s;aid <HI>E L.</HI> did take up and receive of the &s;aid <HI>P B.</HI> Mercery wares, hereafter following (that is to &s;ay) &s;even yards of black Flaunders-&s;earge, for 38 <HI>s.</HI> and five yards of <HI>Italiana,</HI> for 26 <HI>s.</HI> of lawful, <HI>&amp;c.</HI> both which rates and prizes were then and there agreed upon, between the &s;aid <HI>E L.</HI> and the &s;aid <HI>P B.</HI> and did a|mount to the &s;um of three pounds and four &s;hillings of, <HI>&amp;c,</HI> which &s;aid &s;um of, <HI>&amp;c.</HI> or any penny thereof, the &s;aid <HI>E L.</HI> hath not yet paid, or &s;atisfied to the &s;aid <HI>P B.</HI> Notwith&s;tanding the &s;aid <HI>H. S.</HI> his promi&s;e and a&s;&s;umption afore&s;aid not regarding, but endea|vouring, <HI>&amp;c.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<PB N="110" REF="67">
<HEAD>Slander for calling the Plaintiff Thief, &amp;c.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>E. <HI>R.</HI> complains of <HI>G. S.</HI> of a plea, &amp;c. Whereas the &s;aid <HI>E. R.</HI> is a good, true, &s;aithfull, and hone&s;t member of this Common wealth of <HI>England,</HI> and of a good name, report, credit, conver&s;ation, condition, reputation and e&s;teem, as well among&s;t his neighbours (and faithful members of this Common-wealth) as al&s;o other hone&s;t per&s;ons to whom the &s;aid <HI>E. R.</HI> hath been known from the time of his birth, and hath been noted, e&s;teemed, and reported, and without any &s;tain, blemi&s;h, or &s;u&s;pition of theft, fal&s;hood, deceit, fraud, or of any other notorious crime, he hath carried and behaved him&s;elfe all his life time free, untouched, and not in the lea&s;t wi&s;e &s;u&s;pected. Ne|verthele&s;&s;e the afore&s;aid <HI>G. S.</HI> not being ignorant of the Premi&s;&s;es, but out of his meer malice, evilly in|tending, not onely the good name, report, opini|on, credit, e&s;teem and reputation of the &s;aid <HI>E. R.</HI> to hurt, wound detract, and utterly to de&s;troy, but al&s;o to bring the &s;aid <HI>E. R.</HI> into trouble, vexation &amp; infamy, the day, year, and place, &amp;c. in the County afore&s;aid, fal&s;e, feigned, malicious, and &s;candalous words, to the &s;aid <HI>E. R,</HI> &amp; of the &s;aid <HI>E. R.</HI> in the pre&s;ence and hearing of many hone&s;t and credible men, openly and pub|liquely, did &s;peak and publi&s;h in the&s;e words follow|ing; Thou (meaning the &s;aid E R. art a Thief) and I (meaning the afore&s;aid <HI>G. S.)</HI> will prove thee (mea|ning the &s;aid E. R.) a Thief, and a hor&s;e-&s;tealing thief from thy cradle. By rea&s;on and means of which fal&s;e, feigned, &s;candalous, and malicious words declared and publi&s;hed as afore&s;aid, the afore&s;aid E, R. is much hurt, wounded, and damnified in his good name, report, credit and reputation afore&s;aid; in which before that time with very many hone&s;t and faithfull members of this Common-wealth he was re|puted, and al&s;o the &s;aid E. R. into great di&s;credit, &s;u&s;pition and infamy, with many faithfull and ho|ne&s;t per&s;ons is thereby induced and brought, &s;o that
<PB N="111" REF="67">
divers per&s;ons, who before that time did accompany, re&s;pect, and much e&s;teem the fore&s;aid E. R. them&s;elves from the company, and &s;ociety of the &s;aid E. R. do now withdraw, and ab&s;ent them&s;elves, and further with the afore&s;aid E. R. to intermeddle, buy, &s;ell, or commerce have altogether refu&s;ed, and &s;till do re|fu&s;e, to the great damage of the &s;aid E. R. of 30 <HI>s.</HI> And therefore he hath brought this &s;uit, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>For &s;landerou&s;ly calling the Plain|tiffe Bankerupt.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>E. <HI>B.</HI> complains of <HI>E. M.</HI> in a Plea of Tre&s;pa&s;&s;e upon the Ca&s;e; For that, whereas the &s;aid <HI>E. B.</HI> a good, true, faithful, and hone&s;t member of this Common-wealth, and like a good, hone&s;t, and faithful mem|ber of the &s;aid Common-wealth, now and from the time of his Nativity hitherto, without any &s;pot or &s;u&s;pition of deceit, corruption, bankrupt, or fraud, or any one of them, hath carried, behaved, and go|verned him&s;elfe, and of good name, fame, credit and e&s;timation, tru&s;t, and carriage, of great &s;ub|&s;tance of riches, alwayes hitherto hath been reported, and held, and hone&s;tly, ju&s;tly, and faithfully in all his intermi&s;&s;ions and bu&s;ine&s;&s;es with whom&s;oever had and made throughout the whole time afore&s;aid, him&s;elfe hath carried and behaved. And whereas, he the &s;aid <HI>E. B.</HI> the day, yeare, &amp;c. and by the &s;pace of ten yeares la&s;t, and continually afterwards hitherto the art, my&s;tery, or faculty of an Apothecary of the &s;aid City of <HI>Y.</HI> exerci&s;ed and u&s;ed, his living and maintenance of him&s;elfe and his Family, by exerci|&s;ing amd u&s;ing the art, my&s;tery, or faculty through the whole time afore&s;aid, well plentifully and &s;uffici|ently had gotten and gained, and al&s;o divers great &s;ums of money, by lawfully buying and &s;elling, mer|chandi&s;ing and bargaining, upon his credit of divers wares, and other things belonging to the art, my&s;te|ry, or faculty of him the &s;aid <HI>E. B.</HI> to the better main|tenance of him and his Family, and to the great in|crea&s;e of his riches, ju&s;tly and hone&s;tly through the
<PB N="112" REF="68">
whole time afore&s;aid had obtained, and all and &s;in|gular &s;ums for what things or merchandizes what&s;oe|ver by him or of any other per&s;ons throughout the &s;aid time, upon credit had bought or received, or by any way due, he the &s;aid <HI>E. B.</HI> to any &s;uch per&s;on to him the &s;aid <HI>E. B.</HI> &s;o giving credit according to the contract and agreement betwixt them concorded and made, without fraud or delay had paid by the parcell; of which &s;aid premi&s;&s;es, and al&s;o by rea&s;on of his hone&s;t carriage towards all per&s;ons, he the &s;aid <HI>E. B.</HI> the chief credit and good opinion among&s;t all his neigh|bours, and among&s;t very many honourable per&s;ons and other people of the &s;aid Common-wealth to whom he was known, he de&s;ervedly had and gained to him&s;elfe. The &s;aid <HI>E. N.</HI> notwith&s;tanding not ig|norant of the premi&s;&s;es, but the hap and condition afore&s;aid, of the &s;aid <HI>E. B.</HI> maliciou&s;ly devi&s;ing, imagi|ning, and fraudulently intending the &s;aid &s;tate, name, fame, credit, tru&s;t and e&s;timation of the &s;aid <HI>E. B.</HI> to hurt, deprive, and to cau&s;e him, the &s;aid <HI>E. B.</HI> to fall into want, di&s;credit and poverty, and to be ac|cepted and reputed of &s;uch an evill carriage, and al&s;o for a Banckrupt, and a man of no credit among&s;t all the faithfull members of this Common-wealth, that they all from the company of him the &s;aid <HI>E. B.</HI> as from the con&s;ort of a Banckrupt per&s;on, or man wor|thy of no credit, might altogether withdraw them|&s;elves, and forbear with the &s;aid <HI>E. B.</HI> to bargain, &s;ell, or deale, they might altogether give over, after|wards (to wit) on the day, yeare, &amp;c. afore&s;aid, at <HI>Y.</HI> afore&s;aid the&s;e fal&s;e, &s;candalous, and opprobrious Engli&s;h words following of him the &s;aid <HI>E. B.</HI> in the pre&s;ence and hearing of divers faithfull members of this Common-wealth then and there pre&s;ent and hea|ring, fal&s;ly, maliciou&s;ly, and &s;candalou&s;ly with a loud voyce &s;aid, proclaimed, pronounced and pub|li&s;hed (to wit <HI>E. B.</HI> meaning the &s;aid <HI>E. B.</HI> Plaintiffe) is a Rogue and a Banckrupt, and I (meaning him&s;elf the &s;aid <HI>E. N.</HI> now De&s;endant) will prove him one. By rea&s;on of the &s;peaking and proclaiming of which &s;aid fal&s;e, &s;candalous, and opprobrious words, he the &s;aid <HI>E. B.</HI> not onely in his good name, fame, cre|dit,
<PB N="113" REF="68">
tru&s;t, and e&s;timation afore&s;aid, is greatly hurt and &s;candalized, but al&s;o hereby doth &s;tand deprived, and utterly &s;poiled, that his &s;aid neighbours and other faithfull members of this Common-wealth, with him the &s;aid <HI>E. B.</HI> to buy, merchandize, bargain, or any way to meddle, or deal, do altogether di&s;tru&s;t and re|fu&s;e him the &s;aid <HI>C. D.</HI> for a con&s;umer, wa&s;ter, and detayner of other mens riches and e&s;tates, they repute and &s;uppo&s;e him to be by the &s;aid <HI>E. N.</HI> not onely in exerci&s;ing and maintaining of his art, my&s;tery or fa|culty is very much hindered, and his e&s;tate and &s;ub|&s;tance is very much weakned and con&s;umed, but al&s;o hath been con&s;trained and compelled to lay out and &s;pend divers great &s;ums of money in clearing him|&s;elfe of the premi&s;&s;es afore&s;aid laid upon him, for the recovering of his good name, fame, credit, tru&s;t, and e&s;timation afore&s;aid. Whereupon the &s;aid <HI>E B.</HI> &s;aith, that he is made wor&s;e, and hath damage to the value of 200 l. And thereupon produceth this &s;uit, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>In con&s;ideration that the Plaintiffe would marry E. R. the Defendant promi&s;ed to make him worth 200 l.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>W. <HI>P.</HI> &amp;c. complains of <HI>P. W.</HI> of a Plea, &amp;c. That whereas the day, yeare, &amp;c. at the Ca&s;tle, &amp;c. there was a communication between the &s;aid <HI>W. P.</HI> and <NOTE PLACE="marg">14 E. 4. fol. 6. 15 E. 4. fo. 32. 17 E. 4. fo. 5.</NOTE> the &s;aid <HI>P. W.</HI> of and concerning the &s;aid <HI>W. P.</HI> taking to Wi&s;e one <HI>E. R.</HI> the daughter of one <HI>S. R.</HI> of, &amp;c. County, &amp;c. the &s;aid <HI>P. W.</HI> in con&s;ideration that the &s;aid <HI>W P.</HI> at the &s;peciall in&s;tance and reque&s;t of the &s;aid <HI>P W.</HI> according to the Laws and cu&s;tomes of <HI>England</HI> by the con&s;ent of the &s;aid <HI>S R.</HI> would marry and take to wi&s;e the &s;aid <HI>E R.</HI> upon him&s;elfe did a&s;&s;ume, and to the &s;aid <HI>W P.</HI> then and there did faithfully promi&s;e, that he the &s;aid <HI>P W.</HI> would make him the &s;aid <HI>W. P.</HI> worth 200 l. of, &amp;c. and better, immediately after the &s;olemnization of the marriage of the &s;aid <HI>W P.</HI> and the &s;aid <HI>E R.</HI> And the &s;aid <HI>W P.</HI> indeed &s;aith, that in hopes of the performance of the promi&s;e and a&s;&s;umption of the &s;aid <HI>P VV.</HI> and at the &s;peciall in&s;tance and reque&s;t
<PB N="114" REF="69">
of the &s;aid <HI>P. VV.</HI> afterwards (that is to &s;ay) the day, year, &amp;c. at, &amp;c. afore&s;aid, the &s;aid <HI>VV P.</HI> according to the Lawes and cu&s;tomes of <HI>England</HI> by the con&s;ent of <HI>S R.</HI> did marry and take to wife the &s;aid <HI>E R.</HI> Ne|verthele&s;&s;e the &s;aid <HI>P W.</HI> little regarding his promi&s;e and a&s;&s;umption afore&s;aid, but contriving and frau|dulently intending craftily and &s;ubtily to deceive and defraud the &s;aid <HI>W P.</HI> in this behalfe, hath not made the &s;aid <HI>W P.</HI> worth 200 l. and better, albeit afterwards (that is to &s;ay) the day, year, &amp;c. at, &amp;c. afore&s;aid by the &s;aid <HI>W P.</HI> he hath been thereunto required, but hath hitherto refu&s;ed to do the &s;ame, and &s;till doth re|fu&s;e, to his damage of, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>For &s;topping up of anothers light, for de|priving him of ayre, and the pa&s;|&s;age of raine.</HEAD>
<P><NOTE PLACE="marg">County Court. &s;&s;. Co. Report, q. part. Aldreds Ca&s;e. </NOTE>T. <HI>P.</HI> &amp;c. complains of <HI>A B.</HI> &amp;c. of a plea of Tre&s;|pa&s;&s;e upon the Ca&s;e; for that whereas the &s;aid <HI>T. P.</HI> for the &s;pace of &s;even years now la&s;t pa&s;t, hath been, and yet is, &s;ei&s;ed of one ancient Me&s;&s;uage, with the Ap|purtenances in <HI>S.</HI> afore&s;aid in his Deme&s;ne as of Fee; in which Me&s;&s;uage the &s;aid <HI>T P.</HI> and his Family all the time afore&s;aid have dwelt, and yet do dwell; And al&s;o whereas the &s;aid <HI>A B.</HI> for the &s;pace of three yeares now la&s;t pa&s;t, hath been and yet is po&s;&s;e&s;&s;ed of one other Me&s;&s;uage with the Appurtenances in <HI>S.</HI> afore&s;aid, lying next and contiguous to the &s;aid Me&s;|&s;uage of the &s;aid <HI>T P.</HI> on the We&s;t &s;ide of the &s;ame Me&s;&s;uage of the &s;aid <HI>T P.</HI> And al&s;o whereas in the &s;aid We&s;t-&s;ide of the &s;aid Me&s;&s;uage of the &s;aid <HI>T P.</HI> time out of minde there hath been, and yet are, two ancient Windowes, parcell of the &s;aid Me&s;&s;uage of the &s;aid <HI>T P.</HI> Through which windowes not onely light hath u&s;ed to &s;hine into the &s;aid Me&s;&s;uage to en|lighten it, but al&s;o whol&s;ome ayre hath u&s;ed to pa&s;&s;e into the &s;aid Me&s;&s;uage for the health of him the &s;aid <HI>T. P.</HI> and his Family abiding in the &s;ame. And the &s;aid <HI>T P.</HI> of his &s;aid Me&s;&s;uage with the Appurtenances &s;o as afore&s;aid being &s;ei&s;ed: And the &s;aid <HI>A B.</HI> of
<PB N="115" REF="69">
his &s;aid Me&s;&s;uage with the Appurtenances po&s;&s;e&s;&s;ed, the &s;ame <HI>A. B.</HI> not ignorant of the premi&s;&s;es, but ma|liciou&s;ly intending to &s;top up the &s;aid windows, and deprive the &s;aid <HI>T P.</HI> and his Family of the light and whol&s;ome ayre &s;hining and pa&s;&s;ing through the &s;aid windowes into the &s;aid Me&s;&s;uage of him the &s;aid <HI>T. P.</HI> (&s;uch a day and yeare) at <HI>S.</HI> afore&s;aid, did build and &s;et up, and from that time hitherto hath continued a certaine hou&s;e upon a piece of ground called the back|&s;ide, parcell of the &s;aid Me&s;&s;uage of him the &s;aid <HI>A. B.</HI> &s;o nigh unto the &s;aid Me&s;&s;uage of the &s;aid <HI>T. P.</HI> and the &s;aid two widowes, that not onely the &s;ayd two windowes are &s;topped up, and thereby the &s;aid <HI>T. P.</HI> and his Family deprived of the light and whol|&s;ome ayre which were wont to &s;hine and pa&s;&s;e through the &s;aid windowes into the &s;aid Me&s;&s;uage of him the &s;aid <HI>T. P.</HI> but al&s;o the pa&s;&s;age of the Rain falling from the &s;aid Me&s;&s;uage of the &s;aid <HI>T. P.</HI> is hindered, and the Rain &s;o hindered in pa&s;&s;ing away, &s;inketh downe to, and under the Foundations of the &s;aid Me&s;&s;uage of the &s;aid <HI>T. P.</HI> whereby the foundations of the &s;aid Me&s;&s;uage are weakned, and the Me&s;&s;uage likely to go to ruine, to the great damage of the &s;aid <HI>T. P.</HI> of 20 l. And thereof he produceth this Action, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>For teaching the Defendants childe the Latine Tongue, &amp;c.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>P. <HI>G.</HI> by <HI>I. R.</HI> his Attorney complains of <HI>I A.</HI> of a Plea of Tre&s;pa&s;&s;e upon the Ca&s;e, &amp;c. For that whereas the &s;aid <HI>I. A.</HI> the fir&s;t day of <HI>Augu&s;t,</HI> in the yeare, &amp;c. at, &amp;c. in the County, &amp;c. For and in con|&s;ideration that the &s;aid <HI>P. G.</HI> for and during the time of twelve moneths and twenty dayes then la&s;t pa&s;t, had taught and in&s;tructed <HI>I. A.</HI> the naturall &s;onne of the &s;aid <HI>I. A.</HI> in the rudiments and learning of the La|tine Tongue, and from the &s;aid fir&s;t day of <HI>Augu&s;t,</HI> in the yeare afore&s;aid, at <HI>H.</HI> afore&s;aid, would teach and in&s;truct the &s;aid <HI>I. A.</HI> the &s;on, &s;o long as it &s;hould plea&s;e both parties in the &s;aid learning of the Latine Tongue afore&s;aid, did a&s;&s;ume upon him&s;elf, and to the
<PB N="116" REF="70">
&s;aid <HI>P G.</HI> then and there did faithfully promi&s;e that he the &s;aid <HI>I A.</HI> the Father, &s;o much as the &s;aid teach|ing, in&s;tructing, eruditing and learning of the &s;aid <HI>I. A.</HI> the Son, for all the time afore&s;aid &s;hould be rea&s;o|nably worth to the &s;aid <HI>P G.</HI> when he the &s;aid <HI>I A.</HI> the Father &s;hould be thereunto reque&s;ted, well and faithfully would pay and content. And the &s;aid <HI>P G.</HI> in fact &s;aith, that he relying on the promi&s;e and a&s;|&s;umption afore&s;aid, of the &s;aid <HI>I A.</HI> the Father, did teach, in&s;truct, erudite and learn the &s;aid <HI>I A.</HI> the &s;onne in the learning afore&s;aid, from the fir&s;t day of <HI>Augu&s;t</HI> afore&s;aid, untill the la&s;t day of <HI>July,</HI> in the yeare of our Lord, 1651. And that the teaching, in|&s;tructing, eruditing and learning afore&s;aid of the &s;aid <HI>I A.</HI> the &s;onne, during all the time afore&s;aid being 12 moneths and 20 dayes, was rea&s;onably worth twenty &s;hillings of lawfull Engli&s;h money. Notwith&s;tanding the &s;aid <HI>I. A.</HI> the Father, not regarding his promi&s;e and a&s;&s;umption afore&s;aid, but &s;ubtilly devi&s;ing, and fraudulently intending him the &s;aid <HI>P G.</HI> &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>For dyet, and time given for the pay|ment of the Debt.</HEAD>
<P><NOTE PLACE="marg">County Court. &s;s. </NOTE>N. <HI>D.</HI> by &amp;c. complains of <HI>I D.</HI> of an action of Tre&s;pa&s;&s;e upon the Ca&s;e; For that whereas the fifth day, &amp;c. at, &amp;c. the &s;aid <HI>I D.</HI> was indebt|ed unto the &s;aid <HI>N D.</HI> in the &s;umme of 18 &s;hillings of, &amp;c. for meate and drinke wherewith the &s;aid <HI>N. D.</HI> then &s;upplyed him. And being &s;o indebted, in con&s;i|deration that the &s;aid <HI>N D.</HI> then and there at the Ca|&s;tle of <HI>Y.</HI> in the County of <HI>Y.</HI> and within the Liberty and Juri&s;diction of this Court, at the &s;pecial in&s;tance and reque&s;t of the &s;aid <HI>I D.</HI> did give time for the pay|ment of the &s;aid 18 &s;hillings, untill the next day af|ter, he the &s;aid <HI>I D.</HI> did a&s;&s;ume upon him&s;elfe, and to the &s;aid <HI>N D.</HI> then and there faithfully promi&s;ed, that he the &s;aid <HI>I D.</HI> the &s;aid 18 &s;hillings unto the &s;aid <HI>N D.</HI> the &s;aid next day after well and truly would content and pay; and although the &s;aid <HI>N D.</HI> till the
<PB N="117" REF="70">
next day after, and hitherto did forbear the payment of the &s;aid 18. &s;hillings. Yet the &s;aid <HI>I. D.</HI> his promi&s;e and a&s;&s;umption afore&s;aid not regarding, but endea|vouring and fraudulently intending the &s;aid <HI>N. D. &amp;c.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>&V;pon an A&s;&s;ump&s;it to &s;ave one harmle&s;&s;e upon an Obligation.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>A. <HI>B.</HI> by vertue of a Writ of <HI>Ju&s;ticies,</HI> &amp;c. complains of <HI>C D.</HI> of an Action of Tre&s;pa&s;&s;e upon the Ca&s;e, &amp;c. For that, to wit, that whereas the afore&s;aid <HI>A. B.</HI> the (day and yeare) at the Ca&s;tle of <HI>Y.</HI> in the County afore&s;aid, and within the juri&s;diction of this Court, at the &s;pecial in&s;tance and reque&s;t of the a|fore&s;aid <HI>C. D.</HI> by his writing obligatory, bearing date the &s;ame day and year, was bound, together with the afore&s;aid <HI>C D.</HI> and for the &s;ole debt of the &s;aid <HI>C D.</HI> unto one <HI>E F.</HI> upon Condition thereupon in|dor&s;ed, that if the afore&s;aid <HI>C D.</HI> &s;hould pay unto the afore&s;aid <HI>E F.</HI> at a certaine day in the &s;ame Con|dition contained, 10 l. of lawfull, &amp;c. that then that writing &s;hould be voyd and of none effect, otherwi&s;e to remain in his &s;trength and vertue, the afore&s;aid <HI>C D.</HI> afterwards, that is to &s;ay, (in &s;uch a day and place) in con&s;ideration afore&s;aid, a&s;&s;umed upon him|&s;elfe, and to the afore&s;aid <HI>A B.</HI> then and there faith|fully promi&s;ed, that the &s;aid <HI>C D.</HI> at all times then afterwards would di&s;charge the afore&s;aid <HI>A. B.</HI> again&s;t the afore&s;aid <HI>E F.</HI> from the afore&s;aid writing obliga|tory. Yet neverthele&s;&s;e the afore&s;aid C D. his pro|mi&s;e and a&s;&s;umption afore&s;aid not regarding, hath not hitherto di&s;charged the afore&s;aid <HI>A B.</HI> from the afore&s;aid writing obligatory, although he hath been often required by him the &s;aid <HI>A. B.</HI> to do it; where|upon the &s;aid <HI>A B.</HI> &s;aith, that he is very much the wor&s;e, <HI>&amp;c.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<PB N="118" REF="71">
<HEAD>For keeping a Dog accu&s;tomed to bite Sheep.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>A. <HI>B.</HI> by <HI>&amp;c.</HI> complains of <HI>C. D. &amp;c.</HI> for that, that is to &s;ay, whereas the afore&s;aid <HI>C. D.</HI> did know|ingly keep and retain a certain Dog accu&s;tomed to bite Sheep at, <HI>&amp;c.</HI> which &s;aid Dog twenty Wether Sheep, twenty Ewes and twenty Lambs of him the &s;aid <HI>A B.</HI> to the price of 10 l. at, <HI>&amp;c.</HI> afore&s;aid, found the 12. day of <HI>May,</HI> in the yeare of our Lord 1657. did &s;o grievou&s;ly bite, that tho&s;e Sheep and Lambs by the biting of the Dog afore&s;aid, then and there died: whereupon the &s;aid <HI>A B.</HI> &s;aith, that he is wor&s;e, and hath damage, to the value of twenty pounds. And thereupon he brings his Suit, <HI>&amp;c.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Another.</HEAD>
<P><NOTE PLACE="marg">County Court, &s;s. </NOTE>A. <HI>B.</HI> by writ, <HI>&amp;c.</HI> complains of <HI>C. D.</HI> of a Plea, <HI>&amp;c.</HI> For that, that is to &s;ay, whereas the afore&s;aid <HI>C. D.</HI> the 8. day of <HI>June</HI> in the year, <HI>&amp;c.</HI> at, <HI>&amp;c.</HI> a cer|tain dog accu&s;tomed to bite Sheep, he knowingly re|tained, which &s;aid Dog the day and year afore&s;aid at, <HI>&amp;c.</HI> afore&s;aid, the Sheeep, that is to &s;ay, &s;ixteen we|ther Sheep, and thirty Ewe-&s;heep, and eight Lambs of him the &s;aid <HI>A B.</HI> did cha&s;e and bite, &s;o that by the cha&s;ing &amp; biting &s;ix of the &s;aid Wether-&s;heep, 12 of the &s;aid Ewe-&s;heep, and four of the &s;aid Lambs of the price of ten pounds died: and the re&s;idue, to wit, eighteen of the &s;aid Ewe-&s;heep great with yong, ca&s;t their Lambs abortive: And the re&s;idue of the &s;aid Wether-&s;heep were much wor&s;ted: And other harms, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Again&s;t an Inn-keeper for a Hor&s;e lo&s;t.</HEAD>
<P><NOTE PLACE="marg">County Court &s;s. </NOTE>A. <HI>B.</HI> by vertue of a Writ, <HI>&amp;c.</HI> complaineth of <HI>C. D.</HI> Inn-keeper of a Common Inn, called the
<PB N="119" REF="71">
&s;ign of the <HI>White Hart</HI> in <HI>Skipton</HI> in <HI>Craven</HI> in the Coun|ty of <HI>York,</HI> and within the liberty and juri&s;diction of this Court, of a Plea of Tre&s;pa&s;&s;e upon the Ca&s;e: For that, that is to &s;ay, whereas according to the Law and Cu&s;tom of the Common-wealth of <HI>England,</HI> Inn-keepers, who hold and keep common Inns to lodge and Entertain men travelling by tho&s;e parts, where &s;uch like Inns are, and lodging in them, are bound to keep both by day and night, their goods being within tho&s;e Inns without any diminution or lo&s;&s;e: So that by default of tho&s;e Inn-Keepers or their Servants, no damage &s;hall happen or come to their gue&s;ts by any means. And whereas the afore&s;aid <HI>C. D.</HI> before the tenth day of <HI>March</HI> in the year, <HI>&amp;c.</HI> And the &s;ame tenth day, <HI>&amp;c.</HI> held and kept the common Inn afore|&s;aid, called the &s;igne of the <HI>White Hart</HI> in <HI>Skipton</HI> in <HI>Craven</HI> afore&s;aid, in the County afore&s;aid, and within the liberty and juri&s;diction afore&s;aid. And him the &s;aid <HI>A B,</HI> in the &s;ame Inn as his Gue&s;t, then and there entertained: and the &s;ame <HI>A B.</HI> then and there one Gelding of a white colour, of the price of ten pounds, he brought into the Inn afore&s;aid with him, which &s;aid Gelding the afore&s;aid <HI>C. D.</HI> in his cu&s;tody then and there received and had, yet certain Malefactors un|known to him the &s;aid <HI>A B.</HI> afterwards, to wit, the afore&s;aid tenth day of <HI>March</HI> in the year afore&s;aid, <HI>E. F.</HI> afore&s;aid the Gelding afore&s;aid, being under the cu&s;to|dy of the afore&s;aid <HI>C. D.</HI> in the afore&s;aid Inn then and there found, for want of good keeping of the &s;aid <HI>C. D.</HI> and his &s;ervants, he took and led away, again&s;t the Law and Cu&s;tome afore&s;aid. Whereupon the &s;ame <HI>A B.</HI> &s;ayes that he is wor&s;ted, and hath damage to the value of twenty pounds. And thereupon he brings his &s;uit, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>&V;pon a Hor&s;e Race.</HEAD>
<P><NOTE PLACE="marg">Y. &s;s. </NOTE>G. <HI>G.</HI> by <HI>I. R.</HI> his Attorney doth complain of <HI>D M</HI> of a plea of Tre&s;pa&s;&s;e upon the ca&s;e, &amp;c. That whereas (&s;uch a day and year) at, &amp;c. conference was had between the &s;aid <HI>G G.</HI> and <HI>D. M.</HI> concerning a Hor&s;e-race, to be run between a gray Gelding of the
<PB N="120" REF="72">
&s;aid <HI>G. G.</HI> and a bay Gelding of the &s;aid <HI>D. M.</HI> from B. afore&s;aid unto a hou&s;e called <HI>Dexes</HI> in the afore|&s;aid County, upon which conference &s;o had, in con|&s;ideration that the &s;aid <HI>G. G.</HI> at the &s;peciall in&s;tance and reque&s;t of the &s;aid <HI>D. M.</HI> did then and there pay and depo&s;ite into the hands of one <HI>Margaret</HI> the wife of one <HI>I. W.</HI> two &s;hillings &s;ix pence of lawfull Engli&s;h money. And in con&s;ideration al&s;o that the &s;aid <HI>G. G.</HI> did then and there ingage him&s;elfe to give and deliver unto the &s;aid D. M. the &s;aid gray Gelding of the &s;aid <HI>G. G.</HI> in ca&s;e the &s;aid gray Gelding &s;hould not out-run the &s;aid bay Gelding of the &s;aid <HI>D. M.</HI> from B. afore|&s;aid unto the &s;aid hou&s;e called <HI>Dexes,</HI> and that the &s;aid <HI>G. G.</HI> &s;hould not there leave his Hatband, before the &s;aid bay Gelding of the &s;aid D. M. &s;hould come to the &s;aid hou&s;e called <HI>Dexes,</HI> the &s;aid <HI>D. M.</HI> the &s;aid twentieth day of <HI>May</HI> in the year afore&s;aid, at B. afore|&s;aid, and within the juri&s;diction afore&s;aid, did a&s;&s;ume upon him&s;elf, and to the &s;aid <HI>G. G.</HI> did then and there faithfully promi&s;e, rhat if the &s;aid Gelding of the &s;aid <HI>G. G.</HI> did out-run the &s;aid bay Gelding of the &s;aid D. M. from B. afore&s;aid unto the &s;aid hou&s;e called <HI>Dexes,</HI> and that the &s;aid G. G. &s;hould leave his hat|band there before the &s;aid Gelding of the &s;aid <HI>D. M.</HI> &s;hould come to the &s;aid hou&s;e, that then the &s;aid <HI>D. M.</HI> the &s;aid bay Gelding to the &s;aid <HI>G. G.</HI> to the u&s;e and behoofe of the &s;aid <HI>G. G.</HI> would give and deliver when he the &s;aid <HI>D. M.</HI> &s;hould be thereunto reque&s;ted. And the &s;aid <HI>G G.</HI> in fact &s;aith, that his &s;aid gray Gel|ding did then and there out-run the &s;aid bay Gelding of the &s;aid <HI>D. M.</HI> from B. afore&s;aid to the &s;aid hou&s;e called <HI>Dexes,</HI> and that he the &s;aid <HI>G G.</HI> did leave his hat|band there before the &s;aid Gelding of the &s;aid <HI>D. M.</HI> did come to the &s;aid hou&s;e called <HI>Dexes.</HI> And where|as al&s;o the &s;aid 20. day of <HI>May</HI> in the year above&s;aid at B. afore&s;aid, and within the juri&s;diction afore&s;aid, in con&s;ideration that the &s;aid <HI>G G.</HI> at the &s;pecial in&s;tance and reque&s;t of the &s;aid <HI>D M.</HI> did then and there pay and depo&s;ite into the hands of the &s;aid <HI>Margaret,</HI> wife of the &s;aid <HI>I. W.</HI> two &s;hillings &s;ix pence of lawful, &amp;c. And in con&s;ideration al&s;o that the &s;aid <HI>G G.</HI> did then &amp; there ingage him&s;elf to pay unto the &s;aid <HI>D M.</HI> 20 s. of
<PB N="121" REF="72">
like lawful money, in ca&s;e that the &s;aid gray Gelding of the &s;aid G. G. &s;hould not out-run the &s;aid bay Gel|ding of the &s;aid <HI>D. M.</HI> from B. afore&s;aid, unto the &s;aid hou&s;e called <HI>Dexes,</HI> and that the &s;aid <HI>G G.</HI> &s;hould not there leave his hatband before the &s;aid bay Gelding of the &s;aid D M. &s;hould come to the &s;aid hou&s;e. The &s;aid D. M. the &s;aid 20. day of <HI>May</HI> in the year above&s;aid, at B. afore&s;aid, within the juri&s;diction afore&s;aid, did a&s;|&s;ume upon him&s;elf, and to the &s;aid <HI>G G.</HI> did then and there faithfully promi&s;e, that if the &s;aid Gelding of the &s;aid <HI>G G.</HI> &s;hould not out-run the &s;aid bay Gelding of the &s;aid D. M. from B. afore&s;aid, to the &s;aid hou&s;e called <HI>Dexes,</HI> and that the &s;aid <HI>G G.</HI> &s;hould leave his hatband there before the &s;aid Gelding of the &s;aid D. M. &s;hould come to the &s;aid hou&s;e, that then the &s;aid D. M. twenty &s;hillings of, &amp;c. to the &s;aid G G. when he the &s;aid D M. &s;hould be thereunto reque&s;ted, well and truly would content and pay. And the &s;aid G G. as before in fact &s;aith, that his &s;aid gray Gelding did then and there out run the &s;aid bay Gelding of the &s;aid D M. from B. afore&s;aid. unto the &s;aid hou&s;e called <HI>Dexes,</HI> and he the &s;aid G G did leave his hatband there before the &s;aid Gelding of the &s;aid D M. did come to the hou&s;e called <HI>Dexes.</HI> The &s;aid <HI>D. M.</HI> &amp;c. Notwith&s;tanding his promi&s;e and a&s;&s;umption a|fore&s;aid not regarding, but endeavouring and frau|dulently intending the &s;aid G G. in this behalf craftily and &s;ubtilly to deceive and defraud, the &s;aid bay Gelding to the &s;aid G G. hath not yet delivered, nor the &s;aid twenty &s;hillings to the &s;aid G G. hath not yet paid, nor for the &s;ame any way contented, although the &s;aid D M. afterwards, that is to &s;ay, the 21. day of <HI>May</HI> in the year afore&s;aid, at B. afore&s;aid, and within the juri&s;diction afore&s;aid, hereunto was reque&s;ted, whereupon he the &s;aid G G. &s;aith he is wor&s;e, and hath damage to the value of ten pounds: And there|upon produceth &s;uit, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<PB N="122" REF="73">
<HEAD>Another upon a Hor&s;e-race.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;&s;. </NOTE>I. <HI>H.</HI> by vertue of a Writ, &amp;c. complains of <HI>B. D.</HI> of a Plea, &amp;c. For that whereas the 20. day of <HI>May</HI> in the year, &amp;c. at the Ca&s;tle of <HI>Y</HI> &amp;c. conference being had by and between the &s;aid <HI>I. H.</HI> and the &s;aid <HI>B. D.</HI> of and concerning a Hor&s;e-race to be run between a gray Mare of the &s;aid <HI>I. H.</HI> and a bay Gelding of the &s;aid <HI>B D.</HI> three times about the Race as it was &s;tooped out called <HI>A.</HI> Town Race, being upon the Moor of <HI>A.</HI> afore&s;aid, upon which conference it was then and there agreed between the &s;aid <HI>I. H.</HI> and <HI>B. D.</HI> that the &s;aid <HI>I. H.</HI> &s;hould ride him&s;elfe the &s;aid race upon the &s;aid gray Mare, and that the &s;aid <HI>B. D.</HI> him|&s;elfe &s;hould ride the &s;aid race upon the &s;aid bay Gel|ding, and that the &s;aid <HI>B. D.</HI> and <HI>I. H.</HI> &s;hould be weighed, and which of them &s;hould want of weight &s;hould be charged with as much more weight as &s;hould make him equal in weight with the other; and upon that agreement the &s;aid <HI>I. H.</HI> did then and there pay unto the &s;aid <HI>B. D.</HI> twenty &s;hillings of, &amp;c. And in con&s;ideration the &s;aid <HI>B. D.</HI> did then and there a&s;&s;ume upon him&s;elfe, and faithfully promi&s;e to the &s;aid <HI>I. H.</HI> to pay unto him forty &s;hillings of, &amp;c. if the &s;aid gray Mare of the &s;aid <HI>I H.</HI> &s;hould win the &s;aid Race, and likewi&s;e that the &s;aid B. D. &s;hould run the &s;aid race with &s;uch weight as he &s;hould want of the weight of the &s;aid <HI>I. H.</HI> and at the fini&s;hing of the &s;aid Race the &s;aid B. D. &s;hould be weighed, and be one weight with the &s;aid <HI>I. H.</HI> And the &s;aid <HI>I. H.</HI> in fact &s;aith, that the &s;aid <HI>I. H.</HI> and <HI>B. D.</HI> were then weighed, and that the &s;aid <HI>B. D.</HI> was found to be fal&s;e weight, then the &s;aid <HI>I. H.</HI> that is to &s;ay, a &s;tone in weight and more, and thereupon the &s;aid <HI>B. D.</HI> was charged with weight accordingly, and the &s;aid <HI>B. D.</HI> did then and there run the the &s;aid Race; yet notwith&s;tanding the &s;aid <HI>B D.</HI> his promi&s;e and a&s;&s;umption not regarding, but endeavouring &amp; fraudulently intending the &s;aid <HI>I H.</HI> in this behalf craftily and &s;ubtilly to defraud and deceive, he the &s;aid B. D. the 20. day of <HI>May</HI> did not ride the &s;aid Race with the &s;aid bay Gelding with weight equal
<PB N="123" REF="73">
to the weight of the &s;aid <HI>I. H.</HI> according to the &s;aid promi&s;e, and after the Race was run and fini&s;hed, the &s;aid B. D. did refu&s;e to be weighed with the &s;aid <HI>I. H.</HI> &s;o that the &s;aid B. D. the &s;aid <HI>I. H.</HI> herein did deceive. Whereupon he &s;aith he is wor&s;e, and hath damage to the value of five pounds, and thereupon produceth &s;uit, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>For keeping a Childe, and finding it meat, drinke, and apparrel.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;&s;. </NOTE>E. B. by Writ, &amp;c. complains of <HI>R. E.</HI> of a plea of tre&s;pa&s;&s;e upon the ca&s;e, &amp;c. For that whereas (&s;uch a day and year) at, &amp;c. In con&s;ideration that the &s;aid E. B. at the &s;pecal in&s;tance and reque&s;t of the &s;aid <HI>R. E.</HI> would maintain and keep with competent meat, drink and clothes, and other nece&s;&s;aries one <HI>A. E.</HI> child of the &s;aid <HI>R. E.</HI> begotten by him of the body of the &s;aid <HI>E. B.</HI> &s;o as the &s;aid childe &s;hould not at any time after in default of the &s;aid <HI>E. B.</HI> be chargeable to the &s;aid <HI>R. E.</HI> he the &s;aid <HI>R. E.</HI> the day and year above&s;aid, at, &amp;c. did a&s;&s;ume upon him&s;elf, and to the &s;aid <HI>E. B.</HI> then and there faithfully promi&s;ed, that he the &s;aid <HI>R. E</HI> 7 l. of lawful Engli&s;h money to the &s;aid <HI>E, B.</HI> when he &s;hould be thereunto reque&s;ted, well and truly would pay and content. And the &s;aid <HI>E. B.</HI> in fact &s;aith, that &s;he the &s;aid E. B. the &s;aid A. B. from the &s;aid (day and year) hitherto&punc; did maintain and keep with competent meat, drink, and clothes, and other nece&s;&s;aries, &s;o as the &s;aid childe from thence hither was not chargable to the &s;aid <HI>R. E.</HI> Yet notwith&s;tanding the &s;aid <HI>R. E.</HI> his promi&s;e and a&s;&s;umption, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>For breach of Articles.</HEAD>
<P><NOTE PLACE="marg">County Court &s;s. </NOTE>B. <HI>F.</HI> by Writ, &amp;c. complains of <HI>T. F.</HI> of a plea of Tre&s;pa&s;&s;e upon the ca&s;e, &amp;c. For that whereas the fir&s;t day of <HI>March,</HI> &amp;c. 1650. at, &amp;c. In con&s;ideration that the &s;aid B. F. did a&s;&s;ume upon him&s;elfe, and promi&s;e to <HI>T. F.</HI> thirteen pounds of, &amp;c. which he hath, and &s;ince before the commencement of this
<PB N="124" REF="74">
&s;uit paid to the &s;aid <HI>T. F.</HI> he the &s;aid <HI>T. F.</HI> did a&s;|&s;ume upon him&s;elfe, and to the &s;aid <HI>B. F.</HI> then and there faithfully promi&s;e, that he the &s;aid <HI>T. F.</HI> would take to his Apprentice one <HI>W. F.</HI> &s;on to the &s;aid <HI>B. F.</HI> to &s;erve the &s;aid <HI>T. F.</HI> in the Art or Trade of a Skinner, from the &s;aid fir&s;t day of <HI>March</HI> unto the ful end &amp; term of &s;even years, from thence next following, and during that term. That the &s;aid <HI>T. F.</HI> &s;hould after the end of three quartes of a year next after the &s;aid fir&s;t day of <HI>March,</HI> in&s;truct, inform, and train up the &s;aid <HI>W. F.</HI> in the way of Chapmandry in buying and &s;elling of wool at <HI>L.</HI> in the County of <HI>Y.</HI> or &s;uch other places where the &s;aid <HI>T. F.</HI> then frequented, or afterwards &s;hould frequent during the &s;aid term, and that the &s;aid <HI>T. F.</HI> &s;hould during the &s;aid term not cau&s;e or compel the &s;aid <HI>W. F.</HI> to do any &s;ervile work about the &s;aid Trade of a Skinner, and that the &s;aid <HI>T. F.</HI> &s;hould during the &s;aid terme, finde the &s;aid <HI>W. F.</HI> with Meat, Drinke, and Clothes, Linnen, Wool|len, Stockins, Shooes, and all other things nece&s;&s;a|ry for an Apprentice to have. And that the &s;aid Lin|nen, Woollen, Stockins, Shooes, and all other things nece&s;&s;ary, &s;hould be from time to time provided and found for the &s;aid <HI>W. F.</HI> by the &s;aid <HI>T. F.</HI> as good as he the &s;aid <HI>W. F.</HI> &s;hould have at the time of his coming to the &s;aid <HI>T. F.</HI> and &s;o to give him the like away at the end of the &s;aid term of &s;even years. And that the &s;aid <HI>T. F.</HI> &s;hould &s;eal and deliver unto the &s;aid <HI>W. F.</HI> one Indenture in writing for the performance of the Covenants afore&s;aid, and other u&s;ual Covenants touching Apprentices in that kinde. Yet notwith|&s;tanding the &s;aid <HI>T. F.</HI> his promi&s;e and a&s;&s;umption a|fore&s;aid not regarding, but endeavouring and fraudu|lently intending the &s;aid <HI>B. F.</HI> in this part craftily and &s;ubtilly to deceive and defraud, he did not take the &s;aid <HI>W. F.</HI> to be his Apprentice to &s;erve him the &s;aid <HI>T. F.</HI> in the Art or Trade of a Skinner, during the term above&s;aid, but refu&s;ed to take him to be an Appren|tice, according to the Covenants afore&s;aid, although the &s;aid <HI>W. F.</HI> was ready and did offer to &s;erve the &s;aid <HI>T. F.</HI> in the &s;aid Trade, according to the &s;aid covenant, neither did he the &s;aid <HI>T. F.</HI> at any time after the &s;aid
<PB N="125" REF="74">
three quarters of a year, in&s;truct, inform, or train up the &s;aid <HI>W. F.</HI> in the my&s;tery or way of Chapman|dry in buying and &s;elling of Wool at <HI>L.</HI> afore&s;aid, other place as the &s;aid <HI>T. F.</HI> frequented, according or in any to the Covenant afore&s;aid, though often reque&s;ted, neither did he the &s;aid <HI>T. F.</HI> &s;eal and deliver an Indenture in writing unto to the &s;aid <HI>W. F.</HI> for the performance of the Covenants afore&s;aid, and other u&s;eful Covenants touching Apprentices in that kind, although the la&s;t day of <HI>September</HI> in the year, &amp;c. 1650. at the Ca&s;tle of <HI>Y.</HI> in the County of <HI>Y.</HI> and with|in the liberty and juri&s;diction of this Court, the &s;aid <HI>B. F.</HI> did tender unto the &s;aid <HI>T. F.</HI> an Indenture in writing to that purpo&s;e, and reque&s;ted the &s;aid <HI>T. F.</HI> to deliver the &s;ame to the &s;aid <HI>W. F.</HI> whereupon the &s;aid <HI>B. F.</HI> &s;aith he is wor&s;e and hath damage to the value of twenty pounds. And thereupon produceth &s;uit, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>&V;pon a promi&s;e for the loan of a Mare, which was killed in riding.</HEAD>
<P><NOTE PLACE="marg">County Court. &s;&s;. </NOTE>P. by Writ, &amp;c. complains again&s;t <HI>D.</HI> of a Plea, that whereas the afore&s;aid <HI>D.</HI> (&s;uch a day, year, and place) in con&s;ideration that he the &s;aid <HI>P.</HI> at the &s;pecial in|&s;tance and reque&s;t of him the &s;aid D. would lend to him the &s;aid D. acertain Mare of his the &s;aid <HI>P.</HI> for one G D. the &s;on of him the &s;aid D. to ride and journey upon the &s;ame Mare from the Town of L. in the Coun|ty afore&s;aid unto B. in the County of <HI>Lanca&s;ter,</HI> did a&s;&s;ume upon him&s;elfe, and to him the &s;aid <HI>P.</HI> did then and there (to wit, &s;uch a day, year, and place afore&s;aid) faithfully promi&s;e, that he the &s;aid G D. the afore&s;aid Mare in the journey afore&s;aid, would in no manner overload, or in any wayes oppre&s;&s;e, but the &s;ame Mare when he &s;hould be thereunto required to him the &s;aid <HI>P.</HI> would &s;afely deliver. And he the &s;aid <HI>P.</HI> in fact &s;aith, that he tru&s;ting to the afore&s;aid promi&s;e and a&s;&s;umption of the afore&s;aid D. afterwards, to wit, (the afore&s;aid day, year,
<PB N="126" REF="75">
and place) did lend the afore&s;aid <HI>D.</HI> the Mare afore|&s;aid, for the &s;aid <HI>G. D.</HI> to ride and journey upon the &s;ame Mare as afore&s;aid, and that the afore&s;aid <HI>G. D.</HI> the Mare afore&s;aid, in the journey afore&s;aid, did &s;o farre provoke, over labour, and with &s;uch burthens over-load, that the Mare afore&s;aid by the over-labour, riding, and over-loading afore&s;aid, dyed: And &s;o the afore&s;aid <HI>D.</HI> his promi&s;e and a&s;&s;umption afore&s;aid hath not performed, to the damage of him the &s;aid <HI>P.</HI> of 10 pounds. And thereupon he bringeth his &s;uit, <HI>&amp;c.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>&V;pon a promi&s;e to &s;ave harmle&s;&s;e a Surety again&s;t a Bond.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>R. <HI>R.</HI> by vertue of a Writ, &amp;c. complains of <HI>C. L.</HI> of an action of Tre&s;pa&s;&s;e upon the Ca&s;e, &amp;c. For that whereas the afore&s;aid <HI>C. L.</HI> (&s;uch a day and year) at, &amp;c. In con&s;ideration that the afore&s;aid R. R. then and there at the &s;peciall in&s;tance and reque&s;t of the &s;ame <HI>C. L.</HI> would become bound and obliged to one <HI>G. W.</HI> by his certain writing obligatory in due forme of right to be made, &s;ealed, and as his Deed, delivered, in 24 l. of lawfull, &amp;c. yet under the condition of 12 l. 12 s. of like, &amp;c. to the &s;ame <HI>G. W.</HI> upon the fir&s;t day of <HI>May</HI> then next following, at or in the then dwelling hou&s;e of the afore&s;aid <HI>G. W.</HI> &s;cituate in, &amp;c. by the a|fore&s;aid R. R. and <HI>C. L.</HI> or either of them to be made, did a&s;&s;ume upon him&s;elfe, and to the &s;aid R. R. then and there (that is to &s;ay) &s;uch a day and yeare above|&s;aid at <HI>L.</HI> afore&s;aid, to wit, in, &amp;c. afore&s;aid, did faithfully promi&s;e that he the &s;aid <HI>C L.</HI> the afore&s;aid 12 l. and 12 s. to the &s;aid <HI>G W.</HI> upon the afore&s;aid fir&s;t day of <HI>May,</HI> in di&s;charge of the afore&s;aid writing obli|gatory would pay, and the &s;aid R R. from thence afterwards of, and concerning the writing obligatory afore&s;aid, would keep, and &s;ave harmle&s;&s;e and in|dempnified: And the &s;aid R R. in Fact &s;aith, that he giving credit to the promi&s;e and a&s;&s;umption of the &s;aid <HI>C L.</HI> afore&s;aid, afterwards, to wit, the &s;ame la&s;t day of <HI>O.</HI> in the yeare, &amp;c. above&s;aid, at L. &amp;c. at the &s;aid
<PB N="127" REF="75">
in&s;tance and reque&s;t of the &s;ame <HI>C L.</HI> together with the afore&s;aid <HI>C L.</HI> for the owne, meer, and proper debt of the &s;aid <HI>C L.</HI> became bound and obliged to the &s;aid <HI>G. W.</HI> by their certaine writing obligatory, in due forme of right made, &s;ealed, and as their Deeds delivered, in the afore&s;aid 24 <HI>l.</HI> Yet under the condition of the payment of the afore&s;aid 12 l. and 12 s. to the &s;ame <HI>G W.</HI> upon the afore&s;aid fir&s;t day of <HI>May</HI> in manner and forme afore&s;aid to be made; yet the &s;aid <HI>C L.</HI> his pro|mi&s;e, &amp;c. not regarding, but devi&s;ing, &amp;c. to defraud the afore&s;aid 12 l. and 12 s. to the &s;aid <HI>G. W.</HI> upon the afore&s;aid fir&s;t day of <HI>May,</HI> according to the forme and effect of the Condition afore&s;aid had not paid, or the &s;ame <HI>G W.</HI> for the &s;ame hitherto any wi&s;e contented, nor the &s;ame R. R. of and concerning the writing ob|ligatory afore&s;aid hath kept and &s;aved harmle&s;&s;e and indempnified, although this to do, the &s;ame <HI>C L.</HI> afterwards, to wit (&s;uch a day, yeare, and place) a|fore&s;aid, by the &s;aid <HI>R R.</HI> was required; by which, and for that that the afore&s;aid 12 l. and 12 s. to the &s;aid <HI>G. VV,</HI> upon the afore&s;aid fir&s;t day of <HI>May,</HI> according to the forme and effect of the Condition afore&s;aid were unpaid, the afore&s;aid <HI>G W.</HI> afterwards, to wit, (in &s;uch a term and yeare) in the Court of, &amp;c. before, &amp;c. did implead him the &s;aid <HI>R R,</HI> of and upon the a|fore&s;aid writing obligatory of the afore&s;aid 24 l. and that plea in&s;omuch did pro&s;ecute that the &s;ame <HI>R R.</HI> not onely pounds of and upon the writing obliga|tory afore&s;aid to the &s;aid <HI>G W.</HI> was forced and com|pelled to pay, but al&s;o divers &s;ums of money about the defence of the &s;uit afore&s;aid was forced to expend and lay out, whereupon he &s;aith that he is damnified, <HI>&amp;c.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Trover and Conver&s;ion.</HEAD>
<P><NOTE PLACE="marg">York. &s;&s;. </NOTE>J. <HI>B.</HI> by Writ, &amp;c. complains of <HI>J. C.</HI> in an action of Tre&s;pa&s;&s;e upon the Ca&s;e. For that whereas the &s;aid <HI>I B.</HI> the day, yeare, &amp;c. at the Ca&s;tle of, &amp;c. was po&s;&s;e&s;&s;ed of one gray Mare, of the price of ten pounds, as of his own; and being thereof &s;o po&s;&s;e&s;&s;ed, the &s;aid
<PB N="128" REF="76">
<HI>I B.</HI> the day, yeare, &amp;c. afore&s;aid, the &s;aid Mare out of his hands and po&s;&s;e&s;&s;ion was ca&s;ually lo&s;t, which &s;aid Mare afterwards (that is to &s;ay) the day, year, &amp;c. at the Ca&s;tle, &amp;c. came to the hands and po&s;&s;e&s;&s;ion of the &s;aid <HI>I C.</HI> &s;ufficiently knowing the &s;aid Mare to be the Mare of the &s;aid <HI>I B.</HI> and to him of right to be|long; and devi&s;ing to deceive the &s;aid <HI>I B.</HI> of the &s;aid Mare, though often thereto required, the &s;aid Mare to the &s;aid <HI>I B.</HI> hath not re&s;tored; but the &s;aid <HI>I C.</HI> af|terwards (that is to &s;ay) the day, year, &amp;c. the &s;aid Mare to his owne u&s;e and profit converted and di&s;po|&s;ed, to the great lo&s;&s;e of the &s;aid <HI>I B.</HI> By rea&s;on whereof he &s;aith he is damnified 20 l. And therefore commenceth this &s;uit, <HI>&amp;c.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Detinue.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>T. <HI>V.</HI> by vertue of a Writ, &amp;c. by <HI>E B.</HI> his Attorney complains of <HI>R M.</HI> upon a plea, that he render un|to him goods and chattels to the value of 20 l. of, &amp;c. which he unju&s;tly detaineth from him, &amp;c. For that whereas the &s;aid <HI>T V.</HI> the day, year, &amp;c. at the Ca&s;tle, &amp;c. did deliver to the &s;aid <HI>R. M.</HI> 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 &s;afely kept, and to the &s;aid <HI>T V.</HI> where he the &s;aid <HI>R M.</HI> &s;hould be thereunto re|que&s;ted to be delivered. Yet notwith&s;tanding the &s;aid R M. although thereunto reque&s;ted, the goods and chattels afore&s;aid to the &s;aid <HI>T V.</HI> as yet hath not rede|livered, but the &s;ame to redeliver hitherto hath contra|dicted, and as yet doth contradict, and unju&s;tly detains, whereupon the &s;aid <HI>T V.</HI> &s;aith he is wor&s;e, and hath damage to the value of 30 l. And thereupon produ|ceth &s;uit, &amp;c.</P>
</DIV4>
</DIV3>
<DIV3 TYPE="section">
<PB N="129" REF="76">
<HEAD>Tre&s;pa&s;&s;e.</HEAD>
<DIV4 TYPE="subsection">
<HEAD>For breaking downe the Plaintiffs Stall, being &s;et up in the Market.</HEAD>
<P><NOTE PLACE="marg">County Court. &s;s. </NOTE>A. <HI>O.</HI> complains of <HI>VV. C.</HI> of a Plea of Tre&s;pa&s;&s;e. That the afore&s;aid <HI>W. C.</HI> the day, year, &amp;c. at S. in the County afore&s;aid, and within the liberty and juri&s;diction of this Court, made an a&s;&s;ault up|on him the &s;aid <HI>A. O.</HI> and his clo&s;e and hou&s;e, (that is to &s;ay) one &s;tall there in the Market &s;et up, broke and entered, and his wares (that is to &s;ay) dre&s;t leather, to the value of 5 <HI>l.</HI> put upon his &s;tall afore&s;aid, di&s;placed, cut downe, and &s;poyled, and other enormious things to him did, to the great damage of the &s;aid <HI>A O.</HI> whereupon he &s;aith, that he is the wor&s;e, and hath da|mage to the value of ten pounds; And thereupon he brings his &s;uit, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>For breaking the Plaintiffs Clo&s;e, &amp;c.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>I. <HI>A.</HI> complains of <HI>T. S.</HI> of a plea of Tre&s;pa&s;&s;e, &amp;c. For that the &s;aid <HI>T. S.</HI> the day, yeare, &amp;c. a Clo&s;e of the &s;aid <HI>I. A.</HI> called <HI>C.</HI> at <HI>S.</HI> in the County, &amp;c. broke and entred, and the gra&s;&s;e of the &s;aid <HI>I. A.</HI> then and there, being of the value of ten &s;hillings, with certain goods and chattels (that is to &s;ay) with Kine, Oxen, Steers, Hor&s;es, Nags, Mares, Hogs, and Sheep, did depa&s;ture, eate up, tread under foot, con&s;ume and &s;poyl, continuing the &s;aid Tre&s;pa&s;s from the &s;aid day, yeare, &amp;c. afore&s;aid, during the time of one whole moneth then next following, at diver&s;e dayes and times, and other harmes to him did to the great lo&s;&s;e of the &s;aid <HI>I. A.</HI> by rea&s;on whereof he &s;aith he is damnified 39 s. And therefore commenceth this &s;uit, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<PB N="130" REF="77">
<HEAD>For a Dog biting of a Mare &s;o that &s;hee dyed.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>H. <HI>S.</HI> complains of W. P. in an action of Tre&s;pa&s;&s;e, for that whereas the &s;aid W. P. the day, year, &amp;c. at, &amp;c. one Mare of the &s;aid <HI>H S.</HI> of the price of 10 l then and there being found did beat, wound and cha&s;e, and al&s;o with a Dog did bite; &s;o that by rea&s;on of the beating, cha&s;ing, wounding, brui&s;ing, and biting of the &s;aid Mare, the &s;aid Mare then and there dyed: And other harms to him did to the great damage of, <HI>&amp;c.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>For cha&s;ing of Hogs with Dogs, &amp;c.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>A. <HI>B.</HI> complains of C. D. of a plea of Tre&s;pa&s;&s;e, wherefore he did cha&s;e two hogs of him the&s;aid <HI>A. B.</HI> at <HI>M.</HI> &s;ound with certain Dogs, in&s;omuch by &s;etting on tho&s;e Dogs, to bite the Hogs afore&s;aid: That by that cha&s;ing and biting of the Dogs afore&s;aid, the a|fore&s;aid Hogs of the price of 40 s. dyed; And other enormities, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>For pa&s;turing &s;heep in a rotten pa&s;ture, by rea&s;on whereof they dyed.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>A. <HI>B.</HI> complains of <HI>C D.</HI> of a plea of tre&s;pa&s;s. Where|fore the Clo&s;e of him the &s;aid <HI>A B.</HI> at <HI>L.</HI> did break, and his 260. &s;heep of the price of 40 <HI>l.</HI> there lately found did take, and did cha&s;e them into a cer|tain corrupt pa&s;ture within the Village afore&s;aid, out of malice, detaining tho&s;e &s;heep &s;o long upon the pa|&s;ture afore&s;aid, that tho&s;e &s;heep by corruptne&s;&s;e of that pa&s;ture becoming rotten and infected, dyed; and other enormities, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<PB N="131" REF="77">
<HEAD>For digging and plowing the Plaintiffs ground, and taking away his Corne.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>T. <HI>S.</HI> complains of <HI>G G.</HI> in an action of tre&s;pa&s;s; For that whereas the &s;aid <HI>G G.</HI> the day, year, &amp;c. at, &amp;c. the Clo&s;e of the &s;aid <HI>T S.</HI> being one acre of arable land lying in <HI>B.</HI> broke and entred, and the &s;oyl of the &s;aid clo&s;e with his plow did dig and rip up. And afterwards, that is to &s;ay, the day, year, &amp;c. afore&s;aid at <HI>B.</HI> a|fore&s;aid, and within the Juri&s;diction afore&s;aid, for that the &s;aid <HI>G G.</HI> the afore&s;aid Clo&s;e of the &s;aid <HI>T S.</HI> broke and entred, and his corne, (that is to &s;ay) two wain loads of Oates, there lately cut down of the va|lue of 30 s. of his the &s;aid <HI>T. S.</HI> took and carried away. And other enormious things to him did do, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>For taking away a po&s;t.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>A. <HI>B.</HI> complaines of C. D. of a Plea of Tre&s;pa&s;&s;e, &amp;c. wherefore he did break the Clo&s;e of the &s;aid <HI>A B.</HI> at <HI>F.</HI> and did take and carry away a certain new po&s;t of him the &s;aid <HI>A B.</HI> there in the &s;oyle put and fa&s;tned to the value of 30 s. and other enormities, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>For eating the gra&s;&s;e, cutting the hedges, and a&s;&s;aulting the Plaintiff.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>A. <HI>B.</HI> by, &amp;c. complains again&s;t C. D. of a plea of Tre&s;pa&s;&s;e, &amp;c. For that whereas the &s;aid C D. the 10. day of <HI>May,</HI> in the yeare, &amp;c. at the Ca&s;tle, &amp;c. in the County afore&s;aid, and within the liberty and ju|ri&s;diction of this Court, the Clo&s;e of the &s;aid <HI>A B.</HI> at <HI>S.</HI> broke and entered, and his gra&s;s to the value of 30 s. there lately growing, with certain Cattle, did eat, tread down and con&s;ume, and his other gra&s;&s;e to the value of 6 s. there late growing, with his feet in walking, did tread down and con&s;ume, and al&s;o upon the &s;aid <HI>A. B.</HI> then and there made an a&s;&s;ault, and him did beat,
<PB N="132" REF="78">
wound and evill intreat, &s;o that he de&s;paired of life; and al&s;o his hedges there did ca&s;t down, and other e|normities, &amp;c. to the great damage of the &s;aid <HI>A B.</HI> of 39 <HI>s. 11d.</HI> And thereupon he produceth this action, <HI>&amp;c.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Tre&s;pa&s;&s;e and A&s;&s;ault.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>I. <HI>H.</HI> complains of <HI>I. S.</HI> in an action of <HI>Tre&s;pa&s;se</HI> and <HI>A&s;&s;ault,</HI> &amp;c. For that the &s;aid <HI>I. S.</HI> the day, yeare, &amp;c. at the Ca&s;tle, &amp;c. made and a&s;&s;ault and a fray upon the &s;aid <HI>I. H.</HI> and did then and there beat, wound, and evill intreat him, &s;o that it was de&s;paired of his life, and other harms to him did to the great lo&s;&s;e of the &s;aid <HI>I. H.</HI> By rea&s;on of which he &s;aith he is damnified 30 <HI>s.</HI> And therefore he commenceth this &s;uit.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>A&s;&s;ault upon one at under-age.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;&s;. </NOTE>W. <HI>E.</HI> by <HI>A. S.</HI> his Guardian, and next friend, by favour of this Court, is admitted to pro&s;e|cute for the &s;aid <HI>W. E.</HI> becau&s;e he is within the age of 21 yeares, by vertue of a Writ of <HI>Iu&s;ticies</HI> by <HI>T W.</HI> his Attorney complains of <HI>T C.</HI> in an action of <HI>Tre&s;pa&s;&s;t</HI> and <HI>A&s;sault,</HI> &amp;c. For that the &s;aid <HI>T C.</HI> the day, yeare, &amp;c. in and upon the &s;aid W. E. an A&s;&s;ault and Affray did make, &amp;c. as in the other.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>&V;pon a Replevin.</HEAD>
<P><NOTE PLACE="marg">County Court. &s;&s;, </NOTE>A. <HI>B.</HI> complaineth of <HI>T. L.</HI> in a <HI>Plea</HI> wherefore he took the goods of the &s;aid <HI>A B.</HI> and them did unju&s;tly detain, contrary to &s;ureties and &s;a&s;e pledges, &amp;c. For that whereas the afore&s;aid <HI>T L.</HI> the day, year, &amp;c. at <HI>S.</HI> in a place there called <HI>R.</HI> in the County, &amp;c. took of the goods of the &s;aid <HI>A B.</HI> that is to &s;ay, &s;even Kine of the price of 30 <HI>l.</HI> And the &s;ame did unju&s;tly detain again&s;t the &s;ureties and &s;afe pledg|es, &amp;c. whereupon the &s;aid <HI>A B.</HI> &s;aith he is wor&s;e, and hath damage to the value of 39 <HI>s.</HI> And therefore he hath brought this &s;uit, &amp;c.</P>
</DIV4>
</DIV3>
<DIV3 TYPE="section">
<PB N="133" REF="78">
<HEAD>Pleadings.</HEAD>
<DIV4 TYPE="subsection">
<HEAD>He owes him nothing.</HEAD>
<P><NOTE PLACE="marg">County Court &s;s. </NOTE>ANd the &s;aid <HI>I A.</HI> comes and defends the force and injury when, &amp;c. and &s;aith that the &s;aid <HI>I G.</HI> ought not to have his &s;aid action again&s;t him, becau&s;e he &s;aith, that he the &s;aid <HI>I A.</HI> owes nothing to the &s;aid <HI>I. G.</HI> in manner and form as the &s;aid <HI>I G.</HI> hath declared again&s;t the &s;aid <HI>I A.</HI> and for that he puts him&s;elfe upon the Country, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>He made no &s;uch promi&s;e.</HEAD>
<P>ANd the &s;aid <HI>H. B.</HI> comes and defends the &s;orce and wrong when, &amp;c. and &s;aith that he did not a&s;&s;ume and promi&s;e to the afore&s;aid <HI>T R.</HI> in manner and form as the afore&s;aid <HI>T R.</HI> again&s;t him complaineth: And of this he putteth him&s;elfe upon the Country.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Replication.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>ANd the &s;aid <HI>T R.</HI> &s;aith that he by any thing before alleadged from his Action afore&s;aid, ought not to be debarred; for that he &s;aith that the afore&s;aid <HI>H. B.</HI> did a&s;&s;ume upon him&s;elfe, and promi&s;e in manner and forme, as by the Declaration afore&s;aid is alleadged and &s;et forth: And this he prayes may be enquired by the Countrey, and the &s;aid W. B. likewi&s;e, therefore, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>He made no &s;uch promi&s;e within &s;ix years.</HEAD>
<P><NOTE PLACE="marg">York &s;s. </NOTE>ANd the &s;aid W. B. comes and defends the injury when, &amp;c. and &s;aith that the &s;aid W. B. did not within the &s;pace of &s;ix years before the commencement of this &s;uit a&s;&s;ume upon him&s;elfe, or promi&s;e to pay to the &s;aid <HI>T B.</HI> the &s;um of 30 s. in manner and forme, as the &s;aid <HI>T B.</HI> above again&s;t him the &s;aid <HI>W B.</HI> doth complain, and upon this he putteth him&s;elfe upon the Countrey, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<PB N="134" REF="79">
<HEAD>Never Executor.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>ANd the afore&s;aid <HI>E. H.</HI> comes and defends the force and injury when, &amp;c. and &s;aith that the a|fore&s;aid <HI>T C.</HI> ought not to have his action again&s;t him, becau&s;e he &s;aith that he never was the Executor of the la&s;t Will and Te&s;tament of the afore&s;aid <HI>R H.</HI> neither did admini&s;ter of any of the goods or chattels which were of the &s;aid <HI>R H.</HI> at the time of his death, as Exe|cutor of the la&s;t Will and Te&s;tament of the afore&s;aid <HI>R H.</HI> after the death of the &s;aid <HI>R H.</HI> and this the &s;aid <HI>E H.</HI> is ready to verifie; whereupon he demandeth Judgement, whether the &s;aid <HI>T. C.</HI> ought to have or maintain the &s;aid action again&s;t him, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Fully Admini&s;tred.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>ANd the afore&s;aid <HI>M A.</HI> comes and defends the in|jury and wrong when, &amp;c. and &s;aith that the a|fore&s;aid <HI>A B.</HI> his action afore&s;aid ought not to have again&s;t him, becau&s;e he &s;aith he hath fully admini&s;tred of the goods and chattels of the afore&s;aid <HI>T A.</HI> at the time of his death, and he no other goods nor chattels hath of the afore&s;aid <HI>T A.</HI> at the time of his death to be admini&s;tred, nor had at the time of the entry of this plaint of the &s;aid <HI>A B.</HI> nor at any time after; and this he is ready to aver, wherefore he prayeth Judgement, whether the afore&s;aid <HI>A B.</HI> his action afore&s;aid again&s;t him ought to have, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Replication.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>ANd the &s;aid <HI>A B.</HI> &s;aith, that he by any thing before alleadged from his action afore&s;aid, ought not to be debarred, becau&s;e he &s;aith that the afore&s;aid <HI>M A.</HI> the day of the commencement of this &s;uit, (to wit) the day, yeare, &amp;c. at the Ca&s;tle afore&s;aid: and within the juri&s;diction afore&s;aid, had diver&s;e goods and chat|tels which were the afore&s;aid <HI>T A.</HI> at the time of his death, and afterwards in his hands to be admini&s;tred to the value of the debt afore&s;aid, wherefore the
<PB N="135" REF="79">
debt afore&s;aid to the &s;aid <HI>A B.</HI> ought to be &s;atisfied; and this he requires may be enquired of by the Countrey, &amp;c. and the &s;aid <HI>M A.</HI> likewi&s;e, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Not guilty.</HEAD>
<P>ANd the &s;aid G. W. comes and defends the wrong and injury when, &amp;c. and &s;aith, that he is not guilty of the Tre&s;pa&s;&s;e afore&s;aid, as the &s;aid <HI>J C.</HI> hath complained again&s;t him: and of this he putteth him|&s;elfe upon the Countrey, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Bar by within-age.</HEAD>
<P>ANd the &s;aid <HI>H C.</HI> comes and defends the injury when, &amp;c. and &s;aith, that the &s;aid <HI>W B.</HI> his acti|on afore&s;aid again&s;t him ought not to have; for he &s;aith that he at the time of the afore&s;aid writing ob|ligatory, was within the age of one and twenty years; And this he is ready to verifie, whereupon he demand|eth judgement, if the &s;aid <HI>W B.</HI> his action afore&s;aid again&s;t him ought to have, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Payment upon a Bill, and a Re|lea&s;e produced.</HEAD>
<P><NOTE PLACE="marg">Y. &s;s. </NOTE>ANd the &s;aid <HI>I. S.</HI> comes and defends the injury when, &amp;c. and &s;aith that the &s;aid <HI>I W.</HI> ought not to have his action afore&s;aid again&s;t him the &s;aid <HI>I. S.</HI> for he &s;aith, that the &s;aid <HI>I W.</HI> after the making of the &s;aid Bill, and the commencement of this &s;uit (that is to &s;ay) the day, year, &amp;c at the Ca&s;tle, &amp;c. the &s;aid <HI>I W.</HI> did acknowledge and confe&s;&s;e him&s;elf to be fully &s;atisfied and content of the &s;aid &s;um of 5 <HI>l</HI> in the &s;aid Bill mentioned, and thereupon did acquit and relea&s;e him the &s;aid <HI>I S.</HI> of and from all actions which the &s;aid <HI>I W.</HI> might have again&s;t him the afore&s;aid <HI>I S.</HI> by rea|&s;on of the making of the afore&s;aid Bill, and this he is ready to verifie, whereupon he prayeth judgement, if the &s;aid <HI>I VV.</HI> ought to have his action afore&s;aid a|gain&s;t him, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<PB N="136" REF="80">
<HEAD>Free-hlod.</HEAD>
<P>ANd the &s;aid <HI>H S.</HI> comes and defends the &s;orce and injury when, &amp;c. and &s;aith that the &s;aid <HI>W B.</HI> his action afore&s;aid again&s;t him ought not to have or maintain, becau&s;e he &s;aith that the Clo&s;e afore&s;aid called <HI>T.</HI> at <HI>F.</HI> in the Declaration above mentioned, in which the Tre&s;pa&s;&s;e afore&s;aid is &s;uppo&s;ed to be done, is, and at the time of the &s;aid tre&s;pa&s;&s;e &s;uppo&s;ed to be done is, and was the onely &s;ole free Tenement or Free-hold of the &s;aid <HI>H S.</HI> By rea&s;on whereof the &s;aid <HI>H S.</HI> did break, and enter into the &s;aid Clo&s;e called <HI>T.</HI> and the corn and gra&s;&s;e there growing and being, with his feet did tread down and con&s;ume, and other corne, gra&s;&s;e and hay being in the &s;aid Clo&s;e, with his hor&s;es, mares, oxen and kine did eate, tread down, and con|&s;ume, continuing the &s;aid tre&s;pa&s;&s;e as in the Declarati|on is above &s;pecified, as was lawfull and well plea&s;ed him &s;o to do: and this he is ready to verifie and prove; whereupon he requires Judgement, if the &s;aid <HI>W R.</HI> his Action afore&s;aid again&s;t him ought to have, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>No action to cau&s;e one to render an account, will lie in this Court.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;&s;. </NOTE>ANd the &s;aid <HI>G F.</HI> in proper per&s;on comes and &s;aith, that the &s;aid <HI>C B.</HI> his &s;aid Action again&s;t the &s;aid <HI>G F.</HI> in this Court ought not to have or maintain; for that the &s;aid <HI>C. B.</HI> in an Action to render an account &amp;c. wherefore the &s;aid <HI>G F.</HI> demandeth Judgement, whether this Court will take cognizance of the &s;aid Action, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>In arre&s;t of Judgement.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;&s;. </NOTE><HI>AND the afore&s;aid</HI> R. M. <HI>&s;aith, that the verdict afore&s;aid given again&s;t him, of the part of the &s;aid</HI> M S. <HI>ought not to &s;tand or proceed, becau&s;e he &s;aith that the Declaration afore&s;aid, and the matter therein con|tained, is not &s;ufficient in Law to give and maintain the
<PB N="137" REF="80">
afore&s;aid Action again&s;t him, by which he requires Judgement: And that the afore&s;aid Plaint and verdict to be qua&s;hed and accounted nothing, and that the afore&s;aid Plaintiffe may receive nothing by his Plaint and Verdict afore&s;aid,</HI> &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Conditions performed.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;&s;. </NOTE>AND the &s;aid <HI>W. G.</HI> cometh and defendeth the force and wrong when, &amp;c. and de&s;ires to heare the &s;aid writing, and it is read to him, &amp;c. he de&s;ires al&s;o to heare the Condition of the &s;aid writing, and it is read to him in the&s;e words, (that is to &s;ay) <HI>The Condition of this Obligation,</HI> &amp;c. <HI>(recite the Con|dition)</HI> which being read and heard, the &s;aid <HI>W. G.</HI> &s;aith, that the &s;aid <HI>C G.</HI> his Action afore&s;aid again&s;t him ought not to have, becau&s;e he &s;aith, that the Ar|ticles in the Condition afore&s;aid above-mentioned, were made at <HI>Y.</HI> afore&s;aid, in, &amp;c. day, year, &amp;c. afore&s;aid, between the &s;aid <HI>C G.</HI> by the name of <HI>C G.</HI> of <HI>A.</HI> in the &s;aid County, Gent. on the one party, and the &s;aid <HI>W G.</HI> by the name of <HI>W G.</HI> of the &s;ame Town &amp; County, Yeoman, on the other party, who&s;e other part &s;igned with the Seal of the &s;aid <HI>C G.</HI> the &s;aid <HI>W G.</HI> doth bring here in Court, who&s;e date is the &s;ame day and year, fir&s;t, &amp;c. <HI>(recite all the Articles through|out)</HI> and the &s;aid <HI>W G.</HI> doth &s;ay, that he hath per|formed and kept all and &s;ingular the Covenants, Grants, Articles, Clau&s;es, Sentences and Agreements what&s;oever in the &s;aid Articles &s;pecified, on his part to be ob&s;erved, performed, fulfilled and kept, according to the form and effect of tho&s;e Articles: and this he is ready to maintain, whereupon he prayes Judgements, if the &s;aid <HI>C G.</HI> his action afore&s;aid again&s;t him ought to have, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<PB N="138" REF="81">
<HEAD>Replication.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;&s;. </NOTE>ANd the &s;aid <HI>C G.</HI> &s;aith, that he, by any thing before aledged, ought not to be debarred from having his &s;aid action again&s;t the &s;aid <HI>W G.</HI> becau&s;e prote&s;ting that he the &s;aid <HI>W. G.</HI> hath not performed or kept any covenants, grants, articles, clau&s;es, &s;entences, or a|greements in the &s;aid articles &s;pecified, on his part to be performed or kept, as the &s;aid <HI>W. G.</HI> above by pleading hath alledged; for plea the &s;aid <HI>C G.</HI> &s;aith, that the &s;aid <HI>W G.</HI> did not, &amp;c. <HI>(recite the breach)</HI> according to the form and effect of the &s;ame Articles: and this he is ready to verifie, whereupon he prayeth Judgment, and his debt afore&s;aid, together with his damages, by occa&s;ion of detaining that debt, to him to be adjudged, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Rejoynder.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>ANd the &s;aid <HI>W G.</HI> &s;aith, that he did <HI>(recite here that he did perform the breach the Plaintiff a&s;signed)</HI> according to the form and effect of the&s;aid Articles: and of this he puts him&s;elfe upon the Countrey, and the &s;aid <HI>C G.</HI> likewi&s;e, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Detain he doth not.</HEAD>
<P>ANd the &s;aid <HI>R. S.</HI> comes and defends the force and wrong when, &amp;c. and &s;aith he doth not detain from the &s;aid <HI>R. L.</HI> the chattels afore&s;aid, nor any parcel thereof, in manner as the &s;aid <HI>R. L.</HI> hath above declared again&s;t him: and of this he putteth him&s;elfe upon the Countrey, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Bar by a generall acquittance.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>WHen, &amp;c. his action ought not to have, &amp;c. becau&s;e he &s;aith, that after the making of the Writing afore&s;aid (that is to &s;ay) the day, yeare, &amp;c. the Plaintiff by his certain bill of acquittance, which the &s;aid Defendant &s;igned with the &s;eal of the &s;aid
<PB N="139" REF="81">
Plaintiff, here in Court produceth, the date whereof is the &s;ame day and year he acquitted and di&s;charged him the &s;aid Defendant, by name of, &amp;c. of all actions, plaints, demands, debts, accompts, and de|bares for plaint, and in his executed and a&s;&s;igned, from the beginning of the World until the day of the date of the &s;aid Bill: and this, &amp;c. if Judge|ment, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Replication.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;&s;. </NOTE>THe Plaintiff &s;aith that he ought not to be barred, &amp;c. becau&s;e he &s;aith, that the afore&s;aid Bill of ac|quittance is not his deed: and this he prayeth, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Ju&s;tification of &s;candalous Words.</HEAD>
<P>ANd, &amp;c. when, &amp;c. and &s;aith that the &s;aid <HI>G L.</HI> his action afore&s;aid again&s;t him ought not to have, for that he &s;aith, that before the &s;peaking of the pre|tended &s;candalous words in the &s;aid declaration men|tioned, (that is to &s;ay) the day, year, &amp;c. at &amp;c the &s;aid <HI>G L.</HI> one Wether-&s;heep to the value of 10 s of, &amp;c. of the goods and chattels of the &s;aid <HI>H. A.</HI> in the &s;aid Declaration mentioned, then and there being &s;ound, feloniou&s;ly did &s;teal, take and carry away, contrary to the publick peace: By rea&s;on whereof the &s;aid <HI>P. G.</HI> afterwards (that is to &s;ay) the &s;aid day, year, &amp;c. at, &amp;c. the pretended &s;candalous words in the &s;aid De|claration mentioned, did &s;ay, affirm and declare to the &s;aid <HI>G. L.</HI> (that is to &s;ay) thou (meaning the &s;aid <HI>G. L.)</HI> art a Thiefe, and &s;tole <HI>H. A.</HI>'s Sheep: and this he is ready to verifie, whereupon he demandeth Judgement, if the &s;aid <HI>G L.</HI> his action afore&s;aid again&s;t him ought to have, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Tender of amends in Replevin.</HEAD>
<P><NOTE PLACE="marg">County Court &s;s. </NOTE>AND the &s;aid <HI>H.</HI> &s;aith, &amp;c. the ju&s;t taking of, &amp;c. ought not to avow, becau&s;e he &s;aith, that after
<PB N="140" REF="82">
the afore&s;aid time of the taking of the Cattel afore|&s;aid in the afore&s;aid place, in which, &amp;c. und before the day of the i&s;&s;uing forth of the precept of Replevin, of him the &s;aid <HI>H.</HI> (that is to &s;ay) the day, year, &amp;c. afore&s;aid, at W. afore&s;aid, he the &s;aid <HI>H.</HI> offered 12 d. to pay the &s;aid W. and <HI>I.</HI> to the u&s;e of the &s;aid W. for the damage of the &s;aid W. which he &s;u&s;tained by oc|ca&s;ion of the tre&s;pa&s;s afore&s;aid, which the cattel afore|&s;aid, in the afore&s;aid two acres of Land made, which &s;aid 12 d. were &s;ufficient amends for the tre&s;pa&s;s afore|&s;aid, which the cattel afore&s;aid in the &s;aid two acres of Land made; which &s;aid 12 d. the afore&s;aid W. and <HI>I.</HI> then and there wholly refu&s;ed to receive of the &s;aid <HI>H.</HI> and this, <HI>&amp;c.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Part of the debt paid, The re&s;idue tendred before Suit, and refu&s;ed.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;&s;. </NOTE>ANd, &amp;c. when, &amp;c. and &s;aith, that the afore&s;aid <HI>I. G.</HI> ought not to have or maintain his &s;aid action again&s;t him: becau&s;e he &s;aith, that the &s;aid <HI>I. A.</HI> the day, year, &amp;c. before the beginning of this a|ction, well and faithfully paid to the &s;aid <HI>I. G.</HI> 20 s. part of the above mentioned debt, in the &s;aid Decla|ration &s;pecified (that is to &s;ay) at B. afore&s;aid, and within the juri&s;diction of this Court: And as to the five &s;hillings &s;ix pence the re&s;idue of the debt, in the &s;aid Declaration &s;pecified, the &s;aid <HI>I. A.</HI> further &s;aith, that he afterwards, that is to &s;ay, the day, year, &amp;c. above&s;aid before the commencement of this action, at <HI>B.</HI> afore&s;aid tendred to the &s;aid <HI>I. G.</HI> the &s;aid five &s;hillings &s;ix pence, which &s;aid five &s;hillings &s;ix pence the &s;aid <HI>I. G.</HI> then and there refu&s;ed to accept of: and this the &s;aid <HI>I. A.</HI> is ready to prove, and demands Judgment of the Court; if the &s;aid <HI>I. A.</HI> ought to have his &s;aid action again&s;t him, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<PB N="141" REF="82">
<HEAD>Replication.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;&s;. </NOTE>ANd the &s;aid <HI>I. G.</HI> as to the plea of the &s;aid <HI>I. A.</HI> as to the &s;aid 20 s. parcel of the debt afore&s;aid, &s;aith, that he by any thing before alledged, ought not to be barred from having his &s;aid action again&s;t <NOTE PLACE="marg">1 Pact. non &s;ol.</NOTE> him, for he &s;aith, that the &s;aid <HI>I. A.</HI> did not pay the &s;aid twenty &s;hillings to the &s;aid <HI>I. G.</HI> as the &s;aid <HI>I. A.</HI> above hath alledged: and this he prayes may be in|quired of by the Countrey, and the &s;aid <HI>I. A.</HI> like|wi&s;e, &amp;c.</P>
<P><NOTE PLACE="marg">2 Morat in lege. </NOTE>And as the &s;aid plea of the &s;aid <HI>I. A,</HI> as to the &s;aid 5 s. 6 d. re&s;idue of the &s;aid Debt, and the &s;aid <HI>I. G.</HI> &s;aith that the &s;ame plea of the &s;aid <HI>I. A.</HI> in manner and afore&s;aid pleaded, and the matter therein contained is in&s;ufficient in the Law, to bar the &s;aid <HI>I. G.</HI> from having his &s;aid action again&s;t the &s;aid <HI>I. A.</HI> and that he to the plea afore&s;aid, in manner and form afore&s;aid pleaded, needeth not, nor is bound by the Law of the Land to an&s;wer: whereupon for want of a &s;uffi|cient plea in this behalf, the &s;aid <HI>I. G.</HI> prayeth Judg|ment, and the &s;aid 5 s. 6 d. re&s;idue of his debt afore|&s;aid together with his damages, by rea&s;on of the de|taining of that debt to him to be adjudged, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Not his Deed.</HEAD>
<P>ANd, &amp;c. when, &amp;c. And &s;aith, that he ought not to be charged with the &s;aid debt, by vertue of the writing afore&s;aid; becau&s;e he &s;aith, that the &s;aid writing is not his Deed. And of this he putteth him|&s;elfe upon the Countrey, And the &s;aid <HI>A.</HI> likewi&s;e, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>By threats.</HEAD>
<P>ANd, &amp;c. when, &amp;c. And &s;aith, that the &s;aid <HI>A.</HI> ought not to have his &s;aid action again&s;t him, be|cau&s;e he &s;aith, that the &s;aid <HI>A.</HI> at the time of the making of the &s;aid writing, at <HI>N.</HI> afore&s;aid did impo&s;e upon the &s;aid <HI>B.</HI> &s;uch &amp; &s;o great threats of his life, &amp; may ming of his body to be inflicted on him, unle&s;s he
<PB N="142" REF="83">
would make and &s;eal unto the &s;aid <HI>A.</HI> the &s;aid wri|ting; that he the &s;aid <HI>B.</HI> did then and there make un|to the &s;aid <HI>A.</HI> the &s;aid writing, for feare of tho&s;e threats. And this he is ready to aver, whereupon he prayeth judgment, if the &s;aid <HI>A.</HI> ought to have his &s;aid action again&s;t him; &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Replication.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>ANd the &s;aid <HI>A.</HI> &s;aith, he by any thing before al|ledged, ought not to be barred from having his &s;aid action, becau&s;e he &s;aith that the &s;aid B. at the time of the making of the &s;aid writing afore&s;aid, was of his own power at large: And did make to the &s;aid <HI>A.</HI> the &s;aid writing, of his meer and voluntary will, and not for fear of threats, as the &s;aid <HI>B.</HI> hath above alledged. And he prayeth, that this may be inquired of by the Countrey. And the &s;aid <HI>B.</HI> like|wi&s;e, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>By hardne&s;&s;e of impri&s;onment.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>ANd, &amp;c. when, &amp;c. And &s;aith, &amp;c. becau&s;e he &s;aith, that at the time of making of the &s;aid writing he was impri&s;oned by the &s;aid <HI>A.</HI> and other of his Covin, that is to &s;ay at <HI>N.</HI> afore&s;aid, and there in pri&s;on detained until the &s;ame <HI>B.</HI> by force and hardne&s;&s;e of that impri&s;onment, had then and there made to the &s;aid <HI>A.</HI> the &s;aid writing. And this he is ready to aver, whereupon he prayeth Judg|ment, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Replication.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>ANd the &s;aid <HI>A.</HI> &s;aith, that he, &amp;c. becau&s;e he &s;aith, that the &s;aid <HI>B.</HI> at the time of making of the &s;aid writing, was of his own right at large, and out of pri&s;on, and did of his meer and voluntary will make to the &s;aid <HI>A.</HI> the &s;aid writing, and not by force and hardne&s;&s;e of impri&s;onment, as the &s;aid <HI>B.</HI> above hath alledged. And this he prayeth may be inquired of by the Countrey; And the &s;aid B. likewi&s;e, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<PB N="143" REF="83">
<HEAD>The A&s;&s;ault made by the Plaintiff, &amp;c.</HEAD>
<P><NOTE PLACE="marg">York. &s;&s;. Son. a&s;&s;ault de me&s;n. </NOTE>ANd, &amp;c. when, &amp;c. And as to the Tre&s;pa&s;&s;e and A&s;&s;ault afore&s;aid above &s;uppo&s;ed to be done, the &s;aid <HI>I. R.</HI> &s;aith, that the &s;aid <HI>R. W.</HI> his action afore&s;aid again&s;t him ought not to have, becau&s;e he &s;aith, that the afore&s;aid <HI>R. VV.</HI> the day, year, &amp;c. afore&s;aid upon him the &s;aid <HI>I. R.</HI> at the Ca&s;tle, &amp;c. did make an A&s;|&s;ault, and him would have beaten, wounded, and evil intreated, by which the &s;aid <HI>I. R.</HI> him&s;elfe again&s;t the afore&s;aid <HI>R. VV.</HI> did then and there defend: And &s;aith, that if any evil to the &s;aid <HI>R. VV.</HI> then and there happened, was of the proper a&s;&s;ault of him the &s;aid <HI>R. VV.</HI> And in defence of him the &s;aid <HI>I. R.</HI> And this he is ready to verifie, whereupon he prayeth Judge|ment, if the afore&s;aid <HI>R. VV.</HI> his action afore&s;aid, a|gain&s;t him ought to have, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Replication.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;&s;. </NOTE>ANd the fore&s;aid <HI>R. VV</HI> &s;aith, that he by any thing before alledged, from having his action afore&s;aid, ought not to be debarred, becau&s;e he &s;aith, that the fore&s;aid <HI>I. R.</HI> the day, yeare, &amp;c. above&s;aid, at, &amp;c. in his Declaration afore&s;aid above &s;pecified, of his own proper injury, and without &s;uch cau&s;e by the &s;aid <HI>R. VV.</HI> above alledged upon him the &s;aid <HI>R. VV.</HI> did make an a&s;&s;ault, and him did beat, wound, and evil intreat, &s;o that of his life he did de&s;pair, again&s;t the peace of the Lord Protector that now is, as the &s;aid <HI>R. VV.</HI> above again&s;t him hath complained: And this he prayeth may be inquired of by the Countrey, And the &s;aid <HI>I. R.</HI> likewi&s;e, Therefore, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<PB N="144" REF="84">
<GAP DESC="duplicate" EXTENT="1 page">
<PB N="145" REF="84">
<GAP DESC="duplicate" EXTENT="1 page">
<PB N="144" REF="85">
<HEAD>The Defendant pleadeth, the Plaintiff within age, to bring his action: and &s;hould have brought it by Guardian, and not by At|torney.</HEAD>
<P>ANd, &amp;c. when &amp;c. And &s;ayes, that the fore&s;aid <HI>I. R.</HI> ought not to have his action afore&s;aid again&s;t him, becau&s;e he &s;ayes, that the fore&s;aid <HI>I. R.</HI> the day and year in the Declaration &s;pecified (to wit) the day, year, <HI>&amp;c.</HI> the day of the i&s;&s;uing forth of the Writ of <HI>Ju&s;ticies</HI> of him the &s;aid <HI>I. R.</HI> that is to &s;ay, the day, year, <HI>&amp;c.</HI> was within the age of one and twenty years, And that the fore&s;aid <HI>I. R.</HI> declared again&s;t him the &s;aid <HI>P. C.</HI> in the Plaint afore&s;aid 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 afore&s;aid <HI>I. R.</HI> ought to have his action afore&s;aid a|gain&s;t him, <HI>&amp;c.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>To a Tre&s;pa&s;&s;e in Walking, Not guilty: and as to the re&s;idue of Tre&s;pa&s;&s;e, tender of amends.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>ANd, <HI>&amp;c.</HI> when, <HI>&amp;c.</HI> and &s;aith, that as to the brea|king of the clo&s;e afore&s;aid, as al&s;o to the treading down and con&s;uming of the Corn, and gra&s;&s;e afore|&s;aid with his &s;eet, in walking in the &s;ame four acres of land afore&s;aid, of new a&s;&s;igned, above &s;uppo&s;ed to be done, &s;aith, that he is in no wi&s;e thereof guilty, <HI>&amp;c.</HI> and of this he putteth him&s;elf upon the Countrey, and the Plaintiff likewi&s;e.. And as to the re&s;idue of the tre&s;pa&s;&s;e afore&s;aid, in the &s;ame four acres of Land, of new a&s;&s;igned above &s;uppo&s;ed to be done, the &s;ame <HI>A.</HI> &s;aith, that the &s;ame <HI>B.</HI> his action afore&s;aid ought not to have, becau&s;e he &s;aith, that the re&s;idue of the tre&s;pa&s;s afore&s;aid in the &s;ame four acres of Land, of new a&s;&s;igned, above &s;uppo&s;ed to be done, was done
<PB N="145" REF="85">
with the cattle afore&s;aid, by negligence, and again&s;t the will of the &s;ame <HI>A.</HI> and that the &s;ame <HI>A.</HI> afterwards and before the day of commencing of this action of the &s;ame <HI>B.</HI> to wit, the 16 day of <HI>May</HI> in the year, <HI>&amp;c.</HI> at the &s;ame pari&s;h of <HI>R.</HI> in the &s;aid County of <HI>Y.</HI> offered to the &s;ame <HI>B.</HI> 20 <HI>s.</HI> of lawfull money of <HI>England,</HI> for and in &s;atisfaction for the re&s;idue of the tre&s;pa&s;&s;e afore&s;aid, &s;o as afore&s;aid done; which &s;aid 20 <HI>s.</HI> were &s;ufficient amends for the &s;ame re&s;idue of the tre&s;pa&s;&s;e afore&s;aid, in the &s;ame four acres of Land, with the appurtenances, of new a&s;&s;igned, as before&s;aid done&punc; and that the &s;ame <HI>B.</HI> the &s;aid 20 <HI>s.</HI> as afore&s;aid offered, to receive of the &s;ame <HI>A.</HI> then and there altogether re|fu&s;ed, and as yet doth refu&s;e, and this he is ready to verifie; And <HI>&amp;c.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Replication.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;&s;. </NOTE>ANd the &s;ame B. as to the &s;ame plea of the &s;aid <HI>A.</HI> as to the &s;aid re&s;idue of the tre&s;pa&s;&s;e afore&s;aid in the &s;ame four acres of land, with the appurtenances, of new a&s;&s;igned done, &s;aith, that he by any thing in the &s;ame plea before alledged ought not to be barred from having his action afore&s;aid again&s;t him, <HI>&amp;c.</HI> be|cau&s;e he prote&s;teth that the afore&s;aid re&s;idue of the tre&s;pa&s;&s;e afore&s;aid, in the &s;ame four acres of land with the appurtenances, of new a&s;&s;igned, was not done with the cattel afore&s;aid, by the negligence and again&s;t the will of the &s;ame <HI>A.</HI> prote&s;ting al&s;o, that the &s;aid 20 <HI>s.</HI> in &s;atisfaction for the tre&s;pa&s;&s;e afore&s;aid were not offe|red before the &s;ame day of commencing the &s;uit of the &s;aid <HI>B.</HI> as the &s;ame <HI>A.</HI> hath above alledged for plea: the &s;ame <HI>B.</HI> &s;aith, that the &s;ame 20 <HI>s.</HI> were offered by the &s;ame <HI>A.</HI> to the &s;aid <HI>B.</HI> for a certain tre&s;pa&s;&s;e by the &s;ame <HI>A.</HI> with his cattle afore&s;aid to the &s;ame <HI>B.</HI> in a certain other Clo&s;e of land, with the appurtenances cal|led the <HI>S.</HI> of the &s;ame <HI>B.</HI> in the Pari&s;h of <HI>R.</HI> afore&s;aid, in the County afore&s;aid done, without that that the &s;ame <HI>A.</HI> offered to the &s;ame <HI>B.</HI> the &s;aid 20 s. for and in the &s;atisfaction of the fore&s;aid re&s;idue of the tre&s;pa&s;s afore|&s;aid, in the &s;ame 4 acres of land, of new a&s;&s;igned, done, as the &s;ame <HI>A.</HI> hath above alledged: and this he is
<PB N="146" REF="86">
ready to verifie: whereupon for that the &s;ame <HI>A.</HI> the &s;aid re&s;idue of the tre&s;pa&s;s afore&s;aid, in the &s;ame four acres of Land with the appurtenances afore&s;aid, of new a&s;&s;igned, done, above acknowledgeth: the &s;ame B. prayeth judgment, and his damages by occa&s;ion of the re&s;idue of the tre&s;pa&s;s afore&s;aid, to him to be ad|judged, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Rejoynder.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>ANd the &s;ame <HI>A.</HI> as before &s;aith, that he offered to the &s;ame <HI>B.</HI> the &s;aid 20 <HI>s.</HI> for and in &s;atisfaction of the &s;aid re&s;idue of the tre&s;pa&s;&s;e afore&s;aid, in the &s;ame four acres of Land, with the appurtenances of new a&s;&s;igned, done, as he hath above alledged: And of this he putteth him&s;elfe upon the Countrey, and the &s;ame B. likewi&s;e. Therefore, <HI>&amp;c.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Mi&s;nomer in Bapti&s;m pleaded in Abatement of the Writ of <HI>Ju&s;ticies.</HI></HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>ANd the &s;aid <HI>A.</HI> by <HI>Simon Don</HI> his Attorney, comes and prayes Judgement of the Writ of <HI>Ju&s;ticies</HI> afore&s;aid, becau&s;e he &s;aith, that the name of Bap|ti&s;m of the &s;aid <HI>Agnes,</HI> in the Writ afore&s;aid named is <HI>Anna,</HI> and not <HI>Agnes,</HI> as the &s;aid B. hath above de|clared, and this he is ready to verifie, whereupon he prayes Judgement of the &s;aid Writ of <HI>Ju&s;ticies,</HI> and that the &s;aid Writ of <HI>Ju&s;ticies</HI> be qua&s;hed, <HI>&amp;c.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Plea in Abatement for that the Plaintiff hath one name in the Writ, and another in the Declaration.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>ANd the &s;aid <HI>A.</HI> by <HI>I. R.</HI> his Attorney, comes and prayes Judgment of the Writ of <HI>Ju&s;ticies</HI> afore&s;aid, becau&s;e he &s;aith, that he is the &s;ame per&s;on again&s;t whom the &s;aid <HI>B</HI> hath brought his Writ afore&s;aid, by the name of <HI>B. D.</HI> otherwi&s;e <HI>E.</HI> Yeoman, and that the &s;aid <HI>B.</HI> is named <HI>John</HI> otherwi&s;e <HI>Henry,</HI> and by the
<PB N="147" REF="86">
&s;ame name of <HI>B. D.</HI> otherwi&s;e <HI>E.</HI> the day of obtaining of the Writ of <HI>Iu&s;ticies</HI> of the &s;aid <HI>B.</HI> and alwayes after|terwards hitherto he hath been known and called, and by the &s;ame name of <HI>B. D.</HI> otherwi&s;e again&s;t the &s;aid <HI>A.</HI> in his Declaration afore&s;aid now hath declared, without that, that the &s;aid <HI>B.</HI> is named or called <HI>Iohn</HI> otherwi&s;e <HI>Henry,</HI> or by the &s;ame name of <HI>B. D.</HI> other|wi&s;e <HI>E.</HI> hath been at any time known or called, and this he is ready to verifie, whereupon he prayes Judgment of the writ of <HI>Iu&s;ticies</HI> afore&s;aid, <HI>&amp;c.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>The Defendant ju&s;tifies, for hor&s;e-meat not &s;atisfied, in an&s;wer to a Declaration in Tro|ver for the &s;ame hor&s;e.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>ANd the &s;aid <HI>A.</HI> &s;aith, that he the &s;ame time in which the &s;aid hor&s;e in the Declaration afore&s;aid &s;pecified, is &s;uppo&s;ed to come to his hands, and by two years then next elap&s;ed, and ever afterwards, and yet is a common Inn-keeper, and holdeth a certain Inn called the <HI>George</HI> in the Pari&s;h and Town of <HI>Har|wood</HI> in he &s;aid County of <HI>Y.</HI> and that one <HI>C. D.</HI> the twelfth day of <HI>Augu&s;t</HI> in the year afore&s;aid, at the Pa|ri&s;h and Town of the &s;aid <HI>H.</HI> came to the Common Inne of the &s;aid <HI>A.</HI> bringing with him the &s;aid hor&s;e into the &s;aid Inne, which &s;aid hor&s;e the &s;aid <HI>C. D.</HI> the &s;ame twelfth day of <HI>Augu&s;t</HI> above&s;aid untill the twenty fourth day of <HI>Iune</HI> in the year, <HI>&amp;c.</HI> above&s;aid in the Inne of the &s;aid <HI>A.</HI> remained at meat, and that the &s;aid meat of the &s;aid <HI>A.</HI> eaten and con&s;umed within the &s;ame Inne by the &s;ame hor&s;e between the &s;aid 12. day of <HI>Augu&s;t</HI> in the &s;aid year of, &amp;c. and the &s;aid 24. day of <HI>Iune</HI> in the yeare afore&s;aid was worth eight pounds ten &s;hillings of lawfull money of <HI>England.</HI> And that no per&s;on within that time paid the &s;aid <HI>A.</HI> for the &s;aid meat, neither compounded nor agreed with the &s;aid <HI>A.</HI> for the &s;ame, whereupon certain <HI>L M. NO</HI> and others lawfull and hone&s;t per&s;ons the neighbors of the &s;aid <HI>A.</HI> and inhabiting and remain|ing within the &s;aid pari&s;h of <HI>H.</HI> in the County afore|&s;aid, at the reque&s;t of the &s;aid <HI>A.</HI> afterwards, to wit,
<PB N="146" REF="87">
<GAP DESC="duplicate" EXTENT="1 page">
<PB N="147" REF="87">
<GAP DESC="duplicate" EXTENT="1 page">
<PB N="148" REF="88">
the 24. day of <HI>Iune</HI> above&s;aid, at the &s;aid Town and Pari&s;h of <HI>H.</HI> rea&s;onably apprai&s;ed the &s;aid hor&s;e at &s;ix pounds ten &s;hillings, and no more; whereupon the &s;aid <HI>A.</HI> afterwards, to wit, the &s;aid 24. day of <HI>Iune</HI> in the year above&s;aid, at the afore&s;aid Town and Pari&s;h of <HI>H.</HI> retained that hor&s;e in his hands, towards the &s;a|tisfaction of the &s;aid <HI>A.</HI> for his meat afore&s;aid then and there did convert and di&s;po&s;e, as it was lawfull for him to do with it, without that, that the &s;aid hor&s;e came to the hands of the &s;aid <HI>A.</HI> in the afore&s;aid County of <HI>L.</HI> or any other place without the &s;aid Town and Pari&s;h of <HI>H.</HI> in the &s;aid County of <HI>Y.</HI> as the &s;aid <HI>C D.</HI> above again&s;t him complaineth, and this he is ready to verifie, whereupon he prayeth Judgment if the Plaintiff his Action, <HI>&amp;c.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>The Defendant pleads leave and liberty gran|ted to him by the Plaintiff, to enter and feed his Cattel.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>ANd the &s;aid <HI>A.</HI> as to the afore&s;aid Tre&s;pa&s;&s;e, as to the breaking of the Clo&s;e afore&s;aid, and the eat|ing, <HI>&amp;c.</HI> with his cattel, <HI>&amp;c.</HI> and the treading, <HI>&amp;c.</HI> with his feet, above &s;uppo&s;ed to be done, &s;aith, that the &s;ame B. before the &s;ame time in which, <HI>&amp;c.</HI> to wit, the 22. day of <HI>May</HI> in the year, <HI>&amp;c.</HI> at <HI>Skipton</HI> afore&s;aid, in the County afore&s;aid, and within the liberty and juri&s;diction of this Court, gave liberty to the &s;aid <HI>A.</HI> into the tenements afore&s;aid, with the ap|purtenances (of new a&s;&s;igned) to enter, and put in his Cattel afore&s;aid, the gra&s;&s;e in the tenements afore|&s;aid, with the appurtenances (of new a&s;&s;igned) then there growing to eat up: By vertue of which &s;aid liberty, the &s;ame Defendant the &s;ame time in which, <HI>&amp;c.</HI> into the tenements afore&s;aid, with the appurte|nances in which, <HI>&amp;c.</HI> entered, and his Cattel afore|&s;aid, to eat the gra&s;&s;e there put. And the &s;ame Cattle the &s;ame time in which, <HI>&amp;c.</HI> by vertue of the liberty afore&s;aid, the gra&s;&s;e afore&s;aid, in the tene|ments afore&s;aid, with the appurtenances, did eat, tread down, and con&s;ume: which &s;aid breaking of
<PB N="149" REF="88">
the Clo&s;e afore&s;aid, and eating, treading down, and con&s;uming of the gra&s;&s;e afore&s;aid, with the Cattel afore&s;aid, in the tenements afore&s;aid, with the appur|tenances above newly a&s;&s;igned, and the treading and con&s;uming of the other gra&s;&s;e afore&s;aid in the &s;ame tenements with the feet walking, by vertue of the liberty afore&s;aid, and for the cau&s;e afore&s;aid, in form as afore&s;aid done, is the &s;ame breaking of the Clo&s;e, <HI>&amp;c.</HI> And this, <HI>&amp;c.</HI></P>
<P>The Plaintiff replies, <HI>de injuria propria,</HI> and traver&s;|eth the liberty. And the De&s;endant ju&s;tifies he gave the liberty, and i&s;&s;ue thereupon.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>The Defendant ju&s;tifies (in <HI>Replevin)</HI> the taking of the Cattel for Rent in arrear.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>ANd the &s;aid <HI>A B.</HI> by <HI>S D.</HI> his Attorney, cometh and defendeth the force and injury when, <HI>&amp;c.</HI> and doth well avouch the taking of the &s;aid Cattel, in the &s;aid place in which, <HI>&amp;c.</HI> And ju&s;tly, <HI>&amp;c.</HI> becau&s;e he &s;aith, that the &s;aid place in which, <HI>&amp;c.</HI> is, and from the time of the &s;aid taking, and before was four acres of Land in <HI>M.</HI> afore&s;aid, and &s;aith that long before the time of the &s;aid taking, before &s;uppo&s;ed to be done, and at the &s;ame time the &s;aid <HI>A B.</HI> was &s;eized in his Deme&s;ne as of fee, of one Me&s;&s;uage, one Garden, and four acres of Land, and one acre of Wood with the appurte|nances in <HI>M.</HI> afore&s;aid, whereof the &s;aid place in which, <HI>&amp;c.</HI> is, And at the &s;aid time in which, <HI>&amp;c.</HI> was parcel, and &s;o being thereof &s;eized, that &s;ame Me&s;&s;uage, Garden, Land, and Wood, with the appurtenances, long before the time of the taking afore&s;aid, that is to &s;ay, at the Fea&s;t of the annunciation of our ble&s;&s;ed Virgin <HI>Mary</HI> in the year, <HI>&amp;c.</HI> at <HI>M.</HI> afore&s;aid, demi&s;ed unto the afore&s;aid <HI>C D.</HI> to have to him from the &s;ame Fea&s;t, as long as it &s;hould plea&s;e him the &s;aid <HI>A B.</HI> yielding therefore yearly unto the &s;aid <HI>A B.</HI> as long as the &s;aid <HI>C D.</HI> &s;hould have and ocupy the &s;aid Me&s;&s;uage, Garden, Land, and Wood 30 s. at the Fea&s;t
<PB N="150" REF="89">
of St. <HI>Michael</HI> the Archangel, and the annunciation of our ble&s;&s;ed Virgin <HI>Mary,</HI> by equal portions yearly to be paid, by vertue of which demi&s;e, the &s;aid <HI>C. D.</HI> the &s;aid Me&s;&s;uage, Garden, Land and Wood, with the appurtenances from the &s;aid Fea&s;t of the Annunciation of, &amp;c. until the Fea&s;t of the Annunciation of, &amp;c. next before the time of the taking afore&s;aid, had and occupied, and for that, that 30 s. of the &s;aid Lea&s;e, by the &s;aid time unto him the &s;aid <HI>A. B.</HI> at the time of the &s;aid computation, remained in arrear, and as yet remaineth unpaid, doth well avouch the taking of the &s;aid Cattel, in the &s;aid place in which, <HI>&amp;c.</HI> and ju&s;tly, <HI>&amp;c.</HI> And this he is ready to prove, whereupon he prayeth judgment, and the return of the &s;aid Cattel to be adjudged unto him, <HI>&amp;c.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>The Defendant &s;aith, that the Goods were taken as a pawn or pledge for money lent.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>ANd the afore&s;aid <HI>A. B.</HI> by, <HI>&amp;c.</HI> comes and defends the force and injury when, <HI>&amp;c.</HI> And as to the breaking the Clo&s;e, <HI>&amp;c.</HI> he is in nothing thereof guilty: and as to the re&s;idue of the tre&s;pa&s;&s;e afore&s;aid, &s;uppo|&s;ed to be done, the &s;ame <HI>A. B.</HI> &s;aies, the afore&s;aid <HI>C. D.</HI> ought not to have his action, &amp;c. becau&s;e he &s;aith, that the &s;ame <HI>C D.</HI> long before the &s;aid time wherein, &amp;c. was indebted unto him the &s;aid <HI>A. B.</HI> in 22 s. for di|vers &s;ums of money by him the &s;aid <HI>C. D.</HI> of the afore|&s;aid <HI>A. B.</HI> formerly borrowed: And afterwards and long before the &s;aid time, the &s;ame <HI>C. D.</HI> by one <HI>E.</HI> his wife, delivered to the afore&s;aid <HI>A. B.</HI> the afore&s;aid goods and chattels, as a pawn for the afore&s;aid 22 s. to be held unto him the &s;aid <HI>A. B.</HI> in pledge until the &s;aid <HI>C. D.</HI> to the afore&s;aid <HI>A. B.</HI> the &s;ame 22 s. had paid: And the &s;ame <HI>A. B.</HI> in fact &s;aith, that the afore&s;aid <HI>C. D.</HI> hath not as yet paid to him the &s;aid <HI>A. B.</HI> the afore&s;aid 22 s. which is the &s;ame Tre&s;pa&s;&s;e, and taking and carrying away the afore&s;aid goods and chattels, whereof the afore&s;aid <HI>C. D.</HI> above now com|plains. And this, <HI>&amp;c.</HI> whereupon, <HI>&amp;c.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<PB N="151" REF="89">
<HEAD>Replication, that he tooke them <HI>Injuria &s;ua propria</HI> without &s;uch a cau&s;e.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>ANd the &s;aid <HI>C. D.</HI> &s;ayes, that he, by any thing be|fore alledged, ought not to be debarred from ha|ving his action afore&s;aid, becau&s;e he &s;aith, that the afore&s;aid <HI>A. B.</HI> as of his proper injury, and without &s;uch a cau&s;e above by him the &s;aid <HI>A. B.</HI> alledged the day and year afore&s;aid, the afore&s;aid goods and chat|tels at <HI>R.</HI> in the &s;aid County of <HI>Y.</HI> found, he took, and carried away, as the &s;ame <HI>C. D.</HI> by his Declaration afore&s;aid above &s;uppo&s;eth: And this he prayeth may be inquired of by the Countrey: And the afore&s;aid <HI>A. B.</HI> in like manner. Therefore, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Concord in A&s;&s;ault and Battery.</HEAD>
<P><NOTE PLACE="marg">Y. &s;s. </NOTE>ANd the afore&s;aid <HI>A. B.</HI> in his proper per&s;on coms, and defends the &s;orce and injury, when, &amp;c. And &s;aith that as to the Tre&s;pa&s;&s;e afore&s;aid above &s;uppo&s;ed to be done, the &s;ame <HI>A. B.</HI> &s;ayes, that the afore&s;aid <HI>C. D.</HI> ought not to have his action afore&s;aid again&s;t him, becau&s;e he &s;aith, that long after the Tre&s;pa&s;&s;e afore&s;aid was &s;uppo&s;ed to be made, to wit, the eighth day of <HI>July</HI> in the year, &amp;c. afore&s;aid, at <HI>S.</HI> afore&s;aid in the County afore&s;aid, and within the liberty and juri&s;diction of this Court, the &s;ame <HI>A. B.</HI> and <HI>C. D.</HI> by the mediation of <HI>E. F.</HI> and <HI>G. H.</HI> their friends and acquaintance, in a friendly manner comming between them, in &s;uch manner it was agreed together between them, that is to &s;ay, that the afore&s;aid <HI>A. B.</HI> &s;hould pay to the afore&s;aid <HI>C. D.</HI> in amends, and for &s;atisfa|ction of that Tre&s;pa&s;&s;e five &s;hillings of lawfull money of <HI>England,</HI> which the &s;aid <HI>A. B.</HI> the &s;aid five &s;hillings of, <HI>&amp;c.</HI> to the afore&s;aid <HI>C. D.</HI> then and there paid, accord|ing to the force, form, and effect of the concord afore|&s;aid: And this, <HI>&amp;c.</HI> whereupon he prayes Judge|ment, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<PB N="152" REF="90">
<HEAD>Replication, No &s;uch Concord or Agreement made.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;&s;. </NOTE>ANd the afore&s;aid <HI>C. D.</HI> &s;ayes, that he by any thing prealledged ought not to be debarred from having his action afore&s;aid; becau&s;e he &s;aith, that there was never any &s;uch concord or agreement had between them the &s;aid <HI>C D.</HI> and <HI>A B.</HI> in manner and form as the &s;aid <HI>A B.</HI> hath above alledged by pleading. And this he prayes may be inquired of by the Countrey, and the afore&s;aid <HI>A B.</HI> in like manner, <HI>&amp;c.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>The Defendant &s;aith, that as to the taking of the Oxe, that he tooke it by the name of an Heriot.</HEAD>
<P><NOTE PLACE="marg">County Court. &s;&s;. </NOTE>ANd the &s;aid <HI>C D.</HI> by &amp;c. cometh and defendeth the force and wrong when. <HI>&amp;c.</HI> And as to the taking of the &s;aid Oxe, the &s;aid <HI>C D.</HI> doth well avow the tak|ing of the &s;aid Oxe in the &s;aid place, in which, <HI>&amp;c.</HI> and ju&s;tly, <HI>&amp;c.</HI> becau&s;e he &s;aith, that long before the taking of the &s;aid Oxe before &s;uppo&s;ed, one <HI>I G.</HI> was &s;eized of one Me&s;&s;uage with the appurtenances in <HI>W.</HI> afore&s;aid, in his Deme&s;ne, as of &s;ee, and &s;o &s;eized held the &s;ame of the &s;aid <HI>C D.</HI> by fealty, and the rent of 12 d. unto him the &s;aid <HI>C D.</HI> every year, at the fea&s;ts of the An|nunciation of the ble&s;&s;ed Virgin <HI>Mary, &amp;c.</HI> &amp; of S. <HI>Mi|chael</HI> the Archangel, to be paid by equall portions, and al&s;o by Services, that every tenant of the &s;aid Me&s;|&s;uage, with the appurtenances thereof, &s;eized in his Deme&s;ne as of&s;ee, or in u&s;e, from the time of which contrary, &amp;c. he ought and had accu&s;tomed to render unto the &s;aid <HI>C D.</HI> and his heirs, the be&s;t animal living of the &s;ame tenant of the &s;aid Me&s;&s;uage with the appur|tenances &s;o thereof dying &s;ei&s;ed in his Deme&s;ne, as of &s;ee, or in u&s;e, by the name of Heriot, of which &s;ervices the &s;aid <HI>C D.</HI> was &s;eized by the hands of the &s;aid <HI>I G.</HI> as by the hands of his true tenant, that is to &s;ay, of the
<PB N="153" REF="90">
&s;aid Fealty, as of&s;ee, and right, and of the &s;aid Rent in his Deme&s;ne as of &s;ee. And afterward the &s;aid <HI>I G.</HI> died of the &s;aid Me&s;&s;uage with the appurtenances &s;eiz|ed in his Deme&s;ne as of&s;ee. And becau&s;e the &s;aid Oxe was the proper Oxe of the &s;aid <HI>I G.</HI> at the time of his Death, the &s;aid <HI>C D.</HI> that Oxe as the be&s;t animal which was of the &s;aid <HI>I G.</HI> at the time of his death, by the name of a Heriot he took, and ju&s;tly, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Ju&s;tification in Tre&s;pa&s;&s;e for want of reparation of the hedges by the Plaintiffe.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;&s;. </NOTE>ANd the &s;aid <HI>A</HI> and <HI>B.</HI> by <HI>I R.</HI> their Attorney come and de&s;end their force and injury, where, <HI>&amp;c.</HI> And as to the breaking of the Clo&s;e afore&s;aid, and the eating up, treading down, and con&s;uming the gra&s;&s;e afore&s;aid, the &s;ame <HI>A</HI> and <HI>B.</HI> &s;ay, that the afore&s;aid D. ought not to have his action afore&s;aid again&s;t them, becau&s;e they &s;ay, that at the time of the Tre&s;pa&s;&s;e afore&s;aid &s;uppo&s;ed to be made, were, and are &s;eized of a certain Clo&s;e of Pa&s;ture near adjoyning to the &s;aid Clo&s;e of the afore&s;aid D. in which the gra&s;&s;e afore|&s;aid, in <HI>S.</HI> afore&s;aid in their Deme&s;ne as of&s;ee. Between which &s;aid Clo&s;es there is a certain hedge &s;eparating each from other the afore&s;aid Clo&s;es: which &s;aid hedge the afore&s;aid D. and all they who&s;e e&s;tate the &s;ame D. hath in the Clo&s;e afore&s;aid, from time out of minde were accu&s;tomed to make, repaire, and &s;u&s;tain; and &s;ay, that that hedge for want of reparation and &s;u&s;taining of the &s;ame, was at the time of the Tre&s;pa&s;&s;e afore&s;aid &s;uppo&s;ed to be made broken down, and laid pro&s;trate to the ground, and that the Cattel of the &s;aid <HI>A.</HI> and <HI>B.</HI> in their Clo&s;e afore&s;aid put to depa&s;ture into the &s;aid Clo&s;e of the afore&s;aid D. by the breach and decay of the &s;aid hedge did enter again&s;t the will of them the &s;aid <HI>A.</HI> and <HI>B.</HI> and the gra&s;&s;e afore&s;aid did eat up, tread down, and con&s;ume, the &s;ame <HI>A.</HI> and <HI>B.</HI> their Cattle afore&s;aid fre&s;hly pur&s;uing into the &s;aid Clo&s;e of the &s;aid D. by the breach and decay afore&s;aid,
<PB N="154" REF="91">
did enter to drive backe their Cattle into the &s;aid Clo&s;e of them the &s;aid <HI>A.</HI> and <HI>B.</HI> and into that Clo&s;e &s;peedily drove them, as it was lawfull for them to do, which is the &s;ame tre&s;pa&s;&s;e, and breach of clo&s;e, and feeding, treading downe, and con&s;uming the gra&s;&s;e afore&s;aid, whereof the &s;aid <HI>D.</HI> above again&s;t them complaineth: And this they are ready to averre, &amp;c. whereupon, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>The Defendant upon a Replevin avoweth the taking of the Cattle, doing Damage Fea&s;ant.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;&s;. </NOTE>ANd the &s;aid <HI>A.</HI> by, &amp;c. cometh and defendeth the &s;orce and injury when, &amp;c. and doth well avow the taking of the &s;aid Cowes, in the &s;aid place in which, &amp;c. and ju&s;tly, &amp;c. becau&s;e he &s;aith, that he is &s;eized, and at the time of the &s;aid taking was &s;eized in one Me&s;&s;uage, and 12 acres of Meadow, with the Appurte|nances in the &s;aid Towne of <HI>S.</HI> whereof the place in which, &amp;c. the &s;aid Cowes were taken, as parcell in his Deme&s;ne as of Fee: And for that he at the time of the &s;aid taking, found the &s;aid Cows doing damage in the &s;aid place in which, &amp;c. the &s;aid <HI>A.</HI> tho&s;e Cowes in his ground and free-hold, &s;o 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 &s;aid Cattle, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Mi&s;nomer in the Writ of Ju&s;ticies.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>ANd hereupon comes <HI>Alvered Pea&s;e</HI> by <HI>W O.</HI> his At|torney, and &s;aith, that he being by vertue of the &s;aid Writ of <HI>Iu&s;ticies</HI> &s;ummoned by the name of <HI>Abra|ham Pea&s;e,</HI> neither is nor can be under&s;tood the &s;ame per&s;on again&s;t whom the &s;aid <HI>E. W.</HI> hath brought his Writ by the name of <HI>Abraham Pea&s;e;</HI> For he &s;aith that he is named &amp; called <HI>Alvered Pea&s;e,</HI> and by the &s;ame name and &s;irname from the time of his nativity always known and called, without that, that he is named or called <HI>Abraham Pea&s;e,</HI> or by the &s;ame name and &s;ir-name
<PB N="155" REF="91">
was ever known or called, as by the &s;aid Writ is &s;uppo&s;ed. And this the &s;aid <HI>Alvered</HI> is ready to a|ver and prove; whereupon he demandeth Judgement of the &s;aid Writ, and that the &s;ame may be qua&s;hed, <HI>&amp;c.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD><HI>Non cepit</HI> to a Replevin.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;&s;. </NOTE>ANd the &s;aid <HI>B.</HI> by <HI>S. H.</HI> his Attorney, cometh and defendeth the force and wrong when, &amp;c. And &s;aith that he did not take the Cattle afore&s;aid, as the &s;aid <HI>A.</HI> above again&s;t him complaineth: And of this he putteth him&s;elfe upon the Countrey. And the &s;aid <HI>A.</HI> likewi&s;e, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Property.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>ANd the &s;aid <HI>B.</HI> by <HI>S. H.</HI> his Attorney cometh, &amp;c. and &s;aith that the property of the Cattle afore&s;aid, at the &s;uppo&s;ed time of their taking was in the &s;aid <HI>B.</HI> and not in the &s;aid <HI>A.</HI> And this he is ready to prove, whereupon he prayeth Judgement, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Demurrer to a Declaration.</HEAD>
<P><NOTE PLACE="marg">Yo. &s;s. </NOTE>ANd the &s;aid <HI>B.</HI> by <HI>C. D.</HI> his Attorney, comes and de&s;ends the force and injury when, &amp;c. And &s;aith that the Declaration of the &s;aid <HI>P.</HI> and the matter therein contained are not &s;ufficient in Law for the &s;aid <HI>P.</HI> to maintain his action afore&s;aid again&s;t him the &s;aid <HI>B.</HI> to be had: And that he to that Declaration in manner and forme afore&s;aid made hath no need, nor by the Law of the Land is bound to an&s;wer. And for cau&s;es of Demurrer in Law in this behal&s;e, the &s;aid <HI>B.</HI> according to the forme of the Statute in this behalf provided doth &s;hew to the Court the&s;e cau&s;es follow|ing; That is to &s;ay, that the &s;aid Declaration doth contain double and in&s;ufficient matter, and wants forme, and this he is ready to aver; whence for de|fault of a &s;ufficient Declaration in this behal&s;e, the &s;ame <HI>B.</HI> prayeth Judgement, and that the &s;aid <HI>P.</HI> may be barred of having his action again&s;t him, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<PB N="156" REF="92">
<HEAD>Joyning in Demurrer.</HEAD>
<P><NOTE PLACE="marg">York &s;s. </NOTE>ANd the &s;aid <HI>P.</HI> &s;aith, for that he above declaring, hath in his &s;aid Declaration alleadged &s;ufficient matter in Law to maintain his &s;aid Action to be had again&s;t the &s;aid <HI>B.</HI> which he is ready to aver, which matter the &s;aid <HI>B.</HI> doth not gain&s;ay, nor thereunto at all an&s;wer, but wholly refu&s;eth to admit that aver|ment prayes Judgement, and his debt afore&s;aid, to|gether with damages by rea&s;on of the detaining of the &s;aid debt to him to be adjudged, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>If it be in Tre&s;pa&s;&s;e, then thus.</HEAD>
<P>PRayes Judgement, and his damages by rea&s;on of the &s;ayd Tre&s;pa&s;&s;e, or Tre&s;pa&s;&s;e and A&s;&s;ault, or Tre&s;pa&s;s, A&s;&s;ault, and Impri&s;onment <HI>(as the ca&s;e is)</HI> to him to be adjudged, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>If in an Action upon the Ca&s;e.</HEAD>
<P>PRayes Judgement, and his damages by the occa|&s;ion before &s;pecified to him to be adjudged, &amp;c.</P>
</DIV4>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<PB N="157" REF="92">
<HEAD>OF THE JUDICIAL AND MINISTERIAL POWER OF SHERIFS.</HEAD>
<P>TO treat of the Originall or fir&s;t In&s;titution of Sheriffs in this Common-wealth, is not here nece&s;&s;ary, being already done in the tract of the County Court, or fir&s;t part of this our &s;ubject matter. Therefore we will initiate with the office of Sheriff, in which office he hath <HI>triplicem cu&s;todiam,</HI> a three-fold cu&s;tody, <HI>viz.</HI></P>
<LIST>
<ITEM>1 <HI>Cu&s;tos vitae Reipublicae,</HI> The Con&s;ervator of the life or peace of the Common-wealth.</ITEM>
<ITEM>2 <HI>Cu&s;tos vitae Iu&s;titiae,</HI> The pre&s;erver of the life of Ju|&s;tice; for no Suit doth commence, and no Proce&s;&s;e is executed but by him.</ITEM>
<ITEM>3 <HI>Cu&s;tos vitae legis,</HI> The Guardian or Tutor of the life of the Law; for after tedious and long &s;pun &s;uits, he is to make due execution, which is the very life and &s;pirit of the Law. <NOTE PLACE="marg"><HI>Cu&s;tos vitae Rei|pub.</HI> His judicial &amp; mini&s;terial au|thority.</NOTE></ITEM>
</LIST>
<P>Now as he is <HI>Cu&s;tos vitae Reipub.</HI> or <HI>Principalis con&s;er|vator pacis</HI> within the County, he hath a Judicial au|thority; in the other two a Mini&s;teral.</P>
<P N="1"><PB N="158" REF="93">
1. And fir&s;t to di&s;cover his Judiciall power. And <NOTE PLACE="marg"><HI>Judicial power.</HI> Fitz. N. B. 8. d. &amp; 82. Term. del Ley, tit. vi&s;c.</NOTE> as he is a pre&s;erver of the peace, he may <HI>(ex officio)</HI> upon reque&s;t, command and cau&s;e another to finde &s;ureties of the Peace, and may take the &s;ame &s;ureties by Recognizance; for all Obligations that he takes to that end, are as Recognizances in Law.</P>
<P><NOTE PLACE="marg">44 E. 3. F. Barr. 202. 5 H. 7. 6. </NOTE>And if he &s;ee one man a&s;&s;ault another, or if an a&s;|&s;ault be made upon him&s;elfe, he may compel them to finde &s;ureties of the Peace, and may &s;et them in the Stocks untill &s;uch time as they do finde them. See 5 <HI>H.</HI> 7. 6.</P>
<P><NOTE PLACE="marg">3 H. 7. 1. </NOTE>He may take (of the County where he is Sheriffe) any number that he &s;hall think convenient (300 if ne|ce&s;&s;ity require it) to pur&s;ue, apprehend, arre&s;t, and impri&s;on Traytors, Murtherers, Robbers, Popi&s;h Recu&s;ants, and all Felons; To &s;uppre&s;&s;e rebellions, <NOTE PLACE="marg">St. 3 Iac. c. 4.</NOTE> in&s;urrections, or riotous A&s;&s;emblies, or &s;uch as do break, or go about to break or di&s;turb his Highne&s;&s;e peace: and every man (required) as well Dukes, Earls, Barons, as all other his Highne&s;&s;e Subjects within the <NOTE PLACE="marg">Br. Fines 37.</NOTE> &s;ame County ought to ayd and a&s;&s;i&s;t him; and &s;uch as do refu&s;e may be fined to the Protector, and may at|tach all per&s;ons making &s;uch default to appear and an|&s;wer <NOTE PLACE="marg">Offic. Coron. 3 E. 1.</NOTE> before the Ju&s;tices of A&s;&s;ize.</P>
<P><NOTE PLACE="marg">Su&s;pected per|&s;ons. </NOTE>He may arre&s;t all per&s;ons by him &s;u&s;pected, or of evill repute, that &s;hall walke by night or day, com|mitting them to the Gaole, to remain there untill they &s;hall be delivered by the Ju&s;tices of A&s;&s;ize. 5 <HI>E. 3. cap. 14. Cromp.</HI> 203.</P>
<P><NOTE PLACE="marg">Armed per|&s;ons. 2 E. 3. c. 3. Cromp. 203. </NOTE>He may arre&s;t all &s;uch per&s;ons as go or ride offen|&s;ively armed, and may commit them to pri&s;on, there to remain during his Highne&s;&s;e plea&s;ure, unle&s;&s;e they be delivered by the Ju&s;tices before whom they &s;hall be convict, he may take their armour to his Highne&s;&s;e u&s;e, and prize it by the oaths of tho&s;e that are pre|&s;ent. <NOTE PLACE="marg">He may beate &s;uch as re&s;i&s;t him, and may &s;et them in the &s;tocks, 2 E. 4 f. 6. 21 H. 7. 39. Br. Tre&s;p. 218. <HI>&amp;</HI> 296.</NOTE></P>
<P>If a party after he is arre&s;ted, make re&s;i&s;tance, or &s;hall make an a&s;&s;ault upon the Officer, as the Sheriffs Bayliff, &amp;c. the Bayliff may ju&s;tifie the beating of &s;uch re&s;i&s;ter, and &s;uch as di&s;turb him in the execution of his precept, and may impri&s;on them in the &s;tocks. 2 <HI>E. 4. fo. 6. 21 H.</HI> 7. 39. See <HI>Br.</HI> Tre&s;pa&s;&s;e 18. and 296.
<PB N="159" REF="93">
And if the party arre&s;ted, and re&s;i&s;ting be &s;lain, it is ju&s;tifiable. <HI>Fitz. Coron. 261. Doctor and Student 133. 6. Cromp: 24 a. 30 b. Sed quaere.</HI></P>
<P>By the 11 <HI>H. 4. 7 H. 4. fo. 4. Br. Offic. fo.</HI> 4. 9. 34. <NOTE PLACE="marg">To enquire of wa&s;te, or to exe|cute a Writ of <HI>Redi&s;&s;ei&s;in.</HI></NOTE> 37. and 42. the Sheriffe in a Writ to enquire of wa&s;te, and a Writ of <HI>Redi&s;&s;ei&s;in,</HI> he is both Judge, and an Officer of Record, and cannot delegate his judiciall power to any Bayliff of Franchi&s;e, but mu&s;t enter the Liberty, and execute it him&s;elfe, otherwi&s;e it is error. And if upon the Writ of <HI>Redi&s;&s;ei&s;in,</HI> the Sheriffe by Inqui&s;ition finde the Di&s;&s;ei&s;ee to be di&s;&s;ei&s;ed again, he <NOTE PLACE="marg">He may commit a di&s;sei&s;or to pri&s;on, <HI>&amp;c.</HI> Co. 6. fo. 12.</NOTE> may pre&s;ently take &s;uch Di&s;&s;ei&s;or and commit him to pri&s;on, there to remain during his Highne&s;s plea&s;ure. <HI>See Co. 6. fo.</HI> 12. And in the Writ to enquire of wa&s;t, and in the writ of <HI>Redi&s;&s;ei&s;in,</HI> whereby he is made Judg of the cau&s;e, he mu&s;t execute the &s;ame in proper per|&s;on, <NOTE PLACE="marg">Dalton office of Sher. fol. 18.</NOTE> and not by his Under-&s;heriffe or other Deputy whatever.</P>
<P>See more of his ab&s;olute authority in the Sheriffes Turne (and al&s;o in the County Court) and what things are inquirable there, and by him to be pu|ni&s;hed.</P>
<P><NOTE PLACE="marg">His Mini&s;teri|al power. </NOTE>Let us now de&s;cend to his <HI>Mini&s;teriall power</HI> or au|thority, which is di&s;&s;ected into two parts, <HI>viz.</HI> as he is <HI>Cu&s;tos vitae ju&s;titiae, &amp; cu&s;tos vitae legis.</HI></P>
<P N="2">2 <HI>Cu&s;tos vitae ju&s;titiae.</HI> For no &s;uit is commenced, <NOTE PLACE="marg">Cu&s;tos vita ju|&s;titiae.</NOTE> nor proce&s;&s;e executed but by him.</P>
<P>And fir&s;t to demon&s;trate his initiation into this Mi|ni&s;terial part of his office, <HI>viz.</HI></P>
<P><NOTE PLACE="marg">Crom. 203. </NOTE>The new Sheriffe being elected and &s;worn, at or be|fore the County next &s;ucceeding his election, he is to deliver a Writ of di&s;charge to the old Sheriffe, who thereupon is to &s;et over all his pri&s;oners that are then in the Gaol, &s;everally by their names, together with all his VVrits, preci&s;ely by view and Indenture made <NOTE PLACE="marg">Co. 4. 72. A.</NOTE> betwixt the two Sheriffs, wherein mu&s;t be compre|hended, and expte&s;ly &s;pecified all the Actions which the preceding Sheriffe hath again&s;t every Pri&s;oner. And till delivery of the Pri&s;oners to the new Sheriffe, they remaine &s;till in the cu&s;tody of the old, as you may &s;ee in that learned argument more at large in <HI>We&s;tbies</HI> <NOTE PLACE="marg">Co. 3. 72. We&s;t|bies Ca&s;e.</NOTE> Ca&s;e, <HI>Co.</HI> 3. 72. Neither is the new Sheriffe obliged
<PB N="160" REF="94">
to receive the pri&s;oners, but at the Gaol onely. And upon the return and delivery of the Writs contai|ned in the Indenture, if they were executed by the old Sheriffe. The new Sheriffe mu&s;t indor&s;e them in this manner.</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="endorsement">
<P><NOTE PLACE="marg">The indor&s;ment of &s;uch writs as are turnd over to the new She|riff by the old Sheriff.</NOTE>I &s;end you this Writ as it is indor&s;ed, deli|vered to me by A. B. E&s;quire, late She|riffe my next Predece&s;&s;or, in his going forth from his Office.</P>
<CLOSER><SIGNED>E. F. E&s;q. Sheriff.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>Yet the old Sheriffe (by the Statute of 12 <HI>E. 4. c.</HI> <NOTE PLACE="marg">Stat. 12 E. 4. c. 1. <HI>&amp;</HI> 17 E. 4. 6.</NOTE> 1. and 17 <HI>E.</HI> 4. 6.) till the Writ of Di&s;charge be deli|vered to him, he may execute his office.</P>
<P><NOTE PLACE="marg">The new She|riff is to take notice who are in execution. </NOTE>If the old Sheriffe hath in his cu&s;tody divers per&s;ons 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 again&s;t any per&s;on that he findes in the Gaol, and this is <HI>(nece&s;si|tatis grati&acirc;)</HI> for nece&s;&s;ities &s;ake, for there is none to make delivery of them, or to give him notice who are <NOTE PLACE="marg">Co. 3. 72. b. We&s;tbies Ca&s;e.</NOTE> in execution, and who not. And it is no detriment to the Sheriffe if he keep them &s;afe untill he hath per|fect knowledge of all the Executions; for if he may with impunity &s;uffer &s;uch as are in execution to e&s;|cape, great inconvenience would thereupon en&s;ue. <HI>Co. E. 3. 73. b. 1. We&s;tbies</HI> ca&s;e.</P>
<P>He is to pre&s;erve the Rights of his Highne&s;&s;e with in <NOTE PLACE="marg">He is to pre&s;erve the Protectors right, <HI>&amp;c.</HI></NOTE> his County, and to enquire what Lands are concealed from him, or with-holden, and to &s;ei&s;e to his u&s;e the profit of &s;uch lands as come to him by Attainder or E&s;cheat, and likewi&s;e the goods of any Felon, Fu|gitive; <NOTE PLACE="marg">21 H. 7 7 a. Stamf. Perk, 5. 6.</NOTE> Out-law, Aegyptian, goods received, and goods confi&s;cate, and wreck of the Sea.</P>
<P>He ought to certifie to his Highne&s;&s;e, or &s;ome of the Councell, or the Committee &s;pecially con&s;tituted for that purpo&s;e, if he know of the with-holding or
<PB N="161" REF="94">
concealment of any of the late Kings, or Delinquents lands within his County.</P>
<P>He ought to be vigilant that the &s;uits of his High|ne&s;&s;e be done in his Highne&s;&s;es Court, <HI>viz.</HI></P>
<LIST>
<ITEM>1 Suit reall, or royall.</ITEM>
<ITEM>2 Suit &s;ervice.</ITEM>
</LIST>
<P N="1">1 And to declare what &s;uit Royall is, it is a &s;uit <NOTE PLACE="marg">Suit Royal, what?</NOTE> due to the Sheriffs Turne, or Leet, which is &s;o termed becau&s;e of their allegiance.</P>
<P N="2">2 Suit-&s;ervice is due al&s;o to the Sheriffes Turne <NOTE PLACE="marg">Suit &s;ervice, what?</NOTE> or Leet, by rea&s;on of the Tenure of a mans Land.</P>
<P>He &s;hall levy his Highne&s;&s;e Debts by Di&s;tre&s;&s;e ei|ther <NOTE PLACE="marg">He mu&s;t levy his Highne&s;s debts, <HI>&amp;c.</HI> 52 H. 3. c. 15. Fitz. 173. Br. Di&s;t. 35. 32. 40. <HI>&amp;</HI> 72. Stat. 51 H. 3. I&s;&s;ues.</NOTE> in the high way, or common &s;treet, 52 <HI>H. 3. Cap 15. Fitz.</HI> 173. And if he can finde no goods el&s;ewhere, he may di&s;traine in the Church, <HI>Brook. Di&s;tre&s;&s;e,</HI> 35. And may &s;ell &s;uch Di&s;tre&s;&s;e after fifteen dayes. See <HI>Brook Di&s;tre&s;&s;e</HI> 32. 40. &amp; 72. and <HI>Stat. 51 H.</HI> 3.</P>
<P><NOTE PLACE="marg">Dalt. office of Sher. fo. 25. <GAP DESC="illegible" RESP="apex" EXTENT="1 word">. </NOTE>He is accountable to his Highne&s;&s;e for all man|ner of I&s;&s;ues and Profits of the County; And by his Office (upon proce&s;&s;e out of the Exchequer) he is to gather up, and to bring into the Exchequer &s;uch I&s;&s;ues and profits, &amp;c. And likewi&s;e &s;uch I&s;&s;ues lo&s;t and returned in re&s;pect of non-appearance of the De|fendants, or of Jurors, &s;hall be for&s;eited to his Highne&s;&s;e, and &s;hall be levyed by the Sheriffe. See <HI>Dalton. fo. 25. b.</HI></P>
<P><NOTE PLACE="marg">Amerciaments. </NOTE>Hee is al&s;o accountable to his Highne&s;&s;e for, and upon proce&s;&s;e, <HI>&amp;c.</HI> and is to gather up, and to bring into his Highne&s;&s;es Exchequer, all Amerciaments and Fines, which &s;hall be &s;et or a&s;&s;e&s;&s;ed (as a penalty) upon the heads of offenders, again&s;t his Highne&s;&s;e in any of his Courts. VVhich is to be under&s;tood of Amer|ciaments upon the Paintiffe or Demandant, or upon the Tenant or Defendant in Actions reall, or per&s;onall, (as if the Plaintiffe and Deman|dant be Non-&s;uite, or if Judgement be given a|gain&s;t the Tenant or Defendant, or upon the Plaintiff, <HI>quia non e&s;t pro&s;ecutus,</HI> or <HI>pro fal&s;e clamore,</HI> &amp;c. or upon
<PB N="162" REF="95">
the Mainpernors, becau&s;e the principall appears not, &amp;c. In &s;uch ca&s;e the Ju&s;tices never a&s;&s;e&s;&s;e any amer|ciament but by the Stat. of <HI>Magna Charta, Cap.</HI> 14. and <NOTE PLACE="marg">Mag. char. 14. We&s;tm. 1. c. 18.</NOTE> <HI>We&s;tmin&s;ter 1. Cap.</HI> 18. the Amerciament ought to be a&s;&s;e&s;&s;ed <HI>per pares:</HI> And the Court in &s;uch ca&s;es enters, <HI>Ideo in mi&s;ericordia,</HI> generall without taxing or a&s;&s;e&s;&s;ing any &s;umme in certain. And then the Clark of the Warrants in the Common Place makes E|&s;treats of the&s;e Amerciaments, and delivers them to the Clarke of the A&s;&s;izes within every Circuit, to de|liver unto the Coroners in every County to a&s;&s;e&s;&s;e the Amerciaments. <HI>Dal. fo. 27. a.</HI></P>
<P>His Highne&s;&s;e &s;hall have all Amerciaments, Fines, <NOTE PLACE="marg">Recogni&s;ance, Fines, Amerci|aments, <HI>&amp;c.</HI> 33 H. 8. cap. 39.</NOTE> I&s;&s;ues, and all Forfeitures or Recognizances lo&s;t or forfeited, <HI>&amp;c.</HI> before any of his Judges or Ju&s;tices in any of their Courts or Se&s;&s;ions; but the&s;e mu&s;t fir&s;t be e&s;treated into the Exchequer, and from thence Pro|ce&s;&s;e mu&s;t be awarded to the Sheriffe to levy the &s;ame to his Highne&s;&s;e u&s;e; 33 <HI>H. 8. c.</HI> 39.</P>
<P>The <HI>Sheriffe</HI> ought not to take or &s;ei&s;e the goods of any man arre&s;ted, impri&s;oned, or indicted for felo|ny, <NOTE PLACE="marg">He is to &s;eize no goods of Felons, <HI>&amp;c.</HI> till they be lawfully forfei|ted.</NOTE> or for &s;u&s;pition thereof, before the &s;ame per&s;on be duely convicted or attainted of the &s;ame felony, <HI>(viz.</HI> either by tryall, confe&s;&s;ion, or Utlarie and Judgement thereupon given) or that the &s;ame goods be otherwi&s;e lawfully forfeited, upon paine to forfeit the double value of tho&s;e goods &s;o taken to the party grieved.</P>
<P>By the Stat. 1 <HI>R. 3. c.</HI> 3. Yet le&s;t the goods &s;hould <NOTE PLACE="marg">1 R. 3 cap. 3. But take &s;ureties he may, that the goods &s;hal not be imbezelled, <HI>&amp;c.</HI> Br. tit. forfeit 44. Plow. 68.</NOTE> be di&s;orderly wa&s;ted, or &s;old away, the Sheriffe (be|fore the attainder of the Felon) may take &s;ureties that the goods be not imbezelled, &amp;c. And for want of &s;ureties, the Sheriffe or other his Officers may &s;eize them, and deliver them to the Town, by them &s;afe|ly to be kept. <HI>Brook. tit. forfeit. 44. Plow.</HI> 68. But yet the Felon mu&s;t have rea&s;onable maintenance for him|&s;elfe and his Family untill he be convict, and the re|mainder &s;hall be to his Highne&s;&s;e, <HI>&amp;c.</HI></P>
<P>If the Felon flye, the Sheriffe is to &s;eize all his goods <NOTE PLACE="marg">He that flies for felony forfeits his goods, chat|tels, and the profits of his Lands, <HI>&amp;c.</HI> Coo. 5. 109. Plo. 262.</NOTE> and chattels, as al&s;o the profits of his Lands to his Highne&s;&s;e u&s;e. But yet by <HI>Coo. 5. 109. Plo.</HI> 262. the
<PB N="163" REF="95">
goods, &amp;c. of a Fugitive are not forfeited untill the flying for felony be lawfully found upon Record, ei|ther before the Coroner upon an Indictment, <HI>Super vi&s;um corporis,</HI> in ca&s;e of the death of a man, or by verdict upon his acquittall (for although he be found not guilty upon his tryall, yet &s;hall he for&s;eit his goods for his flying; <HI>quia fatetur facinus, qui judi|cium fugit,</HI> and the Law will admit no reproof a|gain&s;t this pre&s;umption:) And albeit the Jury which tryes him &s;hall finde him not guilty, and further that he did not flye; yet the goods are forfeit <NOTE PLACE="marg">Fitz. Forf. 92. <HI>&amp;c.</HI> Coron. 296. <HI>&amp;</HI> 344.</NOTE> by force of the finding of his flying before the Coro|ner. And the Sheriffe pre&s;ently after &s;uch flying found before the Coroner is to &s;eize the goods, and the profits of the Lands of &s;uch offenders: See <HI>Fitz. Forf.</HI> 32. Yet he that &s;hall flye for felony &s;hall not forfeit the goods or profits of his Lands which he had at the time of the Felony or flying; but tho&s;e onely which he had at the time of the Indictment or acquit|tall. <HI>Coo. 5. 109. Fitz. Coron.</HI> 296. &amp; 344.</P>
<P><NOTE PLACE="marg">Felo de &s;e. </NOTE>The Sheriffe is to &s;ei&s;e to the u&s;e of his Highne&s;&s;e the Goods and Chattels of him that killeth him&s;elfe, but he &s;hall not forfeit his Lands. Yet if an Infant, a man <HI>Non compos mentis,</HI> or a Lunatick killeth him&s;elf, he forfeits nothing.</P>
<P><NOTE PLACE="marg">Vtlawes goods for felony. Co. 5. 110. b. </NOTE>If a man be indicted for felony, and ab&s;ents him|&s;elfe, &s;o long as an <HI>Exigent</HI> is awarded again&s;t him, they &s;hall be accounted a flying in Law, for which he &s;hall &s;or&s;eit all his goods, although he &s;hall be ac|quitted afterwards of the Felony. And the Sheriffe may pre&s;ently <HI>ex officio</HI> &s;ei&s;e them to his Highne&s;&s;e u&s;e. <HI>Co. 5. 110. b. Stamf.</HI> 184.</P>
<P>The Sheriffe or his Under-&s;heriffe &s;hall receive <NOTE PLACE="marg">Mu&s;t receive all Writs, and exe|cute them, <HI>&amp;c.</HI> 2 E. 3. cap 5. Cromp. 203.</NOTE> all manner of VVrits at all times, and in any place within the Shire, without taking of any thing, and &s;hall make Warrants thereupon, 2 <HI>Ed. 3. cap. 5. Cromp.</HI> 203. and &s;hall be by him or his Bayliffs exe|cuted.</P>
<P>He may command his Under-&s;heriffe, Bayliffe, or <NOTE PLACE="marg">He may com|mand his Bayliff to execute them either by word or precept, <HI>&amp;c.</HI></NOTE> 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,
<PB N="164" REF="96">
he mu&s;t either deliver the Writ it &s;elfe, or a precept in writing in his owne name, and under the &s;eale of his office, otherwi&s;e an Action of fal&s;e impri&s;onment will lye for the Arre&s;t. <HI>Lamb. 91. 21 H. 7. 23. a.</HI> But <NOTE PLACE="marg">Lamb. 91. 21 H. 7. 23. a.</NOTE> if a precept be made to a Bayliff, and to a &s;tranger or &s;peciall Bayliffe, <HI>(Conjunctim &amp; divi&s;im)</HI> and is exe|cuted by the &s;tranger onely, it is good, <HI>Lamb.</HI> 91. and <HI>Daltons</HI> office of <HI>Sheriffs</HI> 44</P>
<P>If a writ i&s;&s;ue out from the Judges, Ju&s;tices, or the Court, he &s;hall not &s;tand capitulating or di&s;puting <NOTE PLACE="marg">He mu&s;t not di&s;|pute the authori|ty of the Iudges, <HI>&amp;c.</HI> that &s;end Writs to him, but mu&s;t execute them. Co. 6. 54. 9. 68. <HI>&amp;</HI> 10 70. Dr. &amp; St. 150.</NOTE> their authority, or validity of the Writ, but ought to execute it. <HI>Co.</HI> 6. 54. 9. 68. &amp; 10. 70. <HI>Dr. and Student</HI> 150. For he is obliged both by oath and office to exe|cute all proce&s;&s;e of Law; and if a <HI>Capias</HI> be delivered to him without an <HI>Originall,</HI> he &s;hall execute it, and is excu&s;able in an action of fal&s;e impri&s;onment; For he being the Officer and Mini&s;ter of the Court, it is rea&s;ons adver&s;ary to puni&s;h him for executing the Mandates of the Court, according to the <HI>Maxime, Co. 10. 70. Quicunque ju&s;su judicis aliquid fecerit, non videtur dolo malo feci&s;&s;e, quia parere nece&s;&s;e e&s;t&punc;;</HI> He that acts any thing by the mandate of the Judge, &s;eemeth that he acted not any thing fraudulently, or ami&s;&s;e, becau&s;e he mu&s;t needs obey. But if the Court dilate it &s;elfe beyond its juri&s;diction, in that ca&s;e all the proceeds are <HI>Coram non judice,</HI> and there an A|ction doth lye again&s;t the Sheriffe without any regard to the Precept or Proce&s;&s;e; for when he hath no ju|ri&s;diction, he is no Judge, and there is no nece&s;&s;ity to obey him, no more then a meere &s;tranger, and to backe it with the authority of a rule or axiome; <HI>Extra terratorium jus dicente, non paretur impune.</HI> He <NOTE PLACE="marg">Co, 10. 57. a. <HI>&amp;</HI> b.</NOTE> that obeyeth in pre&s;cribing Lawes beyond his ju|ri&s;diction, &s;hall not e&s;cape unpuni&s;hed, <HI>Co. ibidem. fo. 57. a.</HI> &amp; <HI>b.</HI></P>
<P>A Bayliffe need not &s;hew his precept, when he <NOTE PLACE="marg">A Bayliffe need not &s;hew his pre|cept when he executes it. But a &s;pecial Bailiffe mu&s;t &s;hew the warrant, <HI>&amp;c.</HI> Co. 9. 69. 21 H. 7. 23. <HI>&amp;</HI> 37.</NOTE> cometh to execute it upon any man; Yet upon the arre&s;t he ought to declare the contents of it. But if a Bayliffe be &s;pecially deputed, or one that is not a known Officer, he mu&s;t &s;hew the warrant to the par|ty, <HI>Co. 9. 69. 21 H.</HI> 7. 23. &amp; 37. Yet the &s;pecial Bayliff is not obliged to &s;hew it without demand, 8 <HI>E.</HI> 4. 14. 14 H. 7 9. <HI>Co. ibidem.</HI></P>
<P><PB N="165" REF="96">
If a Bayliffe by vertue of a Precept from the old <NOTE PLACE="marg">An arre&s;t by an old Sheriff after his di&s;charge tortious.</NOTE> Sheriffe, after his di&s;charge, &s;hall arre&s;t a man, this arre&s;t is tortious, and an Action of fal&s;e Impri|&s;onment lyeth both again&s;t the Sheriff and the Of|ficer, <HI>Cromp. 205. b.</HI></P>
<P><NOTE PLACE="marg">If proce&s;s may be executed upon the Sabbath day. Coo. 9. 66. </NOTE>Notwith&s;tanding the ground or maxime of Law, that <HI>Dies dominicus non e&s;t juridicus,</HI> and that no judi|ciall Act ought to be done on that day; yet mini&s;teri|all Acts, as to arre&s;t and execute Proce&s;&s;e are tollera|ted and allowed; for an Officer ought to execute his office when&s;oever he can finde the party, otherwi&s;e peradventure they &s;hall never be executed, and God forbid that things nece&s;&s;ary &s;hould not be done on that day; for <HI>bonum e&s;t bene facere Die Sabathi;</HI> but <HI>this di&s;tinction and exception is taken away by a late Act made in the long Parliament.</HI></P>
<P>In all ca&s;es where the Proce&s;&s;e concerns his High|ne&s;&s;e, <NOTE PLACE="marg">He may break open a doore to execute proce&s;&s;e concerning his Highne&s;&s;e, but not in ca&s;e of a common per&s;on. Co. l. 5. 92. b. in <HI>Seymans</HI> Ca&s;e</NOTE> the Sheriffe or other Officer (upon refu&s;all af|ter demand to open the doore) may breake open the door of the hou&s;e, or u&s;e other meanes to get in to do execution: But in ca&s;e of a common per&s;on, the Law doth not permit the <HI>Sheriffe,</HI> &amp;c. upon reque&s;t made, and denial) to break into the hou&s;e of the De|fendant to execute any Proce&s;s at the &s;ute of any &s;ub|ject, for the great inconvenience that might en&s;ue thereupon; becau&s;e if men a&s;well in the night, as in the day &s;hould have their hou&s;es (which in <HI>revera</HI> are their Ca&s;tles and fortre&s;&s;es) broken open, upon pre|tence thereof, it would incur great mi&s;chief and da|mage; for by colour thereof upon any &s;eigned &s;uite, the hou&s;e of any man at any time might be broken o|pen, when the De&s;endant might be arre&s;ted el&s;ewhere, and &s;o men &s;hould not be in &s;afety and repo&s;e in their owne hou&s;es: And although the <HI>Sheriff</HI> be an Officer <NOTE PLACE="marg">Co. 11 82. a. Lewes Bowles <HI>ca&s;e.</HI></NOTE> of great authority &amp; confidence; yet it appears by daily experience, that his Highne&s;s Writs are &s;erved and ex|ecuted many times by Bailifs, who are generally per|&s;ons of little or no value or credit, and therefore not to be tru&s;ted with the breaking open and ran&s;acking of hou&s;es upon every &s;light occa&s;ion. See <HI>Co. 11. 82. a. Lewis Bowles</HI> Ca&s;e.</P>
<P><PB N="166" REF="97">
He ought <HI>(In propria per&s;ona)</HI> foure times a <NOTE PLACE="marg">Proclamation to be made 4 times a yeare. Stat. <HI>Winche&s;ter.</HI></NOTE> yeare to proclaime the Statute of <HI>Winche&s;ter</HI> within e|very Hundred of his Bayliwick, and in all Faires and Markets by his Bayliffs. 7 <HI>R. 2. cap. 6. 13 E. 1. cap. 1. 28 E. 1. cap.</HI> 17.</P>
<P><NOTE PLACE="marg">Statute again&s;t unlawfull games. </NOTE>The Statute provided again&s;t unlawfull games, is likewi&s;e to be proclaimed foure times in the yeare in every Market and Faire within the County. 33 <HI>H. 8. cap.</HI> 9.</P>
<P><NOTE PLACE="marg">3 Cu&s;tos vitae legis. </NOTE>We will now handle the other Mini&s;teriall part of his office; and that, as he is, <HI>Cu&s;tos vitae legis,</HI> which extends to his doing Execution (after a tedious and long &s;pun &s;ute) which is the very life and &s;pirit of the Law. And this is divided into &s;everall branches, or kindes of Executions, <HI>viz.</HI></P>
<LIST>
<ITEM>Statute Merchant.</ITEM>
<ITEM>Statute Staple.</ITEM>
<ITEM>Recognizance.</ITEM>
<ITEM>Elegit.</ITEM>
<ITEM>Capias ad &s;atisfaciendum.</ITEM>
<ITEM>Fieri facias, &amp;c.</ITEM>
<ITEM>Levari facias.</ITEM>
</LIST>
<P><NOTE PLACE="marg">22 A&s;s. 47. </NOTE>Of the la&s;t foure Executions, two are by the Com|mon Law, <HI>viz. 1 Fieri Facias.</HI> 2 And <HI>Levari fa|cias;</HI> And two by the Statute, <HI>viz. 1 Elegit.</HI> And 2 <HI>Capias ad &s;atisfaciendum.</HI> 22 A&s;&s;ize 47. And note, that Execution by the Statute doth not ou&s;t Execution by the Common Law, no more then the Execution by one Statute ou&s;ts the Execution by another.</P>
<P>We are determined to in&s;i&s;t upon all the &s;even in di&s;covering their natures, manner of executing them, <HI>&amp;c.</HI></P>
<P>And fir&s;t of the <HI>Statute Merchant</HI></P>
<DIV3 TYPE="section">
<PB N="167" REF="97">
<HEAD>Statute Merchant.</HEAD>
<P>IT is defined by <HI>We&s;t. part 1. Symb. L. 2. Sect.</HI> 151. to be a Bond or Obligation of Record ac|knowledged before one of the Clerkes of the <HI>Statutes Merchant,</HI> and Mayor, and chiefe Warden of the City of <HI>London, Yorke,</HI> &amp;c. or before the Bayliffs of any Borough, or other &s;ufficient men for that pur|po&s;e appointed, &s;ealed with the &s;eale of the Debtor or Recognizor, and of the Protector, which con|&s;i&s;ts of two parts, the greater is kept by the &s;aid Ma|jor or chiefe Warden, <HI>&amp;c.</HI> And the le&s;&s;er part thereof by the &s;aid Clerks. The forme of which you may &s;ee in <HI>Fleta, lib. 2. cap.</HI> 64. &amp;c. <NOTE PLACE="marg">Fleta, l. 2. c. 64, <HI>&amp;c.</HI></NOTE></P>
<P>And if the Debt be not paid at the day, the pro|ceeds upon it, to have the fruits and effects thereof, is not like to the procceeding in other ca&s;es or &s;uits upon Obligations, <HI>&amp;c.</HI> to reduce them to judge|ment, but as they are in their owne nature much like to the nature of a Judgement, &s;o is the pro|ceeding and Execution thereupon, much like to the proceeding and execution upon a Judgement: And therefore the Conu&s;ee may bring an Action of Debt upon a Statute, or he may a&s;&s;oon as the &s;ame is forfeited, have a pre&s;ent execution of it after this manner.</P>
<P><NOTE PLACE="marg">How to &s;ue out an Execution upon a Statute Merchant. </NOTE>He mu&s;t bring his Statute to the Mayor and Clerke, or other Officer, before whom it was ac|knowledged; And there if they finde the Record of it, and the day to be pa&s;t for the payment of the money, they are to apprehend and impri&s;on the bo|dy of the Conu&s;or, if he be a Lay per&s;on, and can be found within their juri&s;diction; and if he cannot be found there, they are to certifie the Record into the <HI>Chancery,</HI> which al&s;o if they refu&s;e to do, they may be compelled unto by a <HI>Certiorare:</HI> And if that Cer|tificate <NOTE PLACE="marg">Certiorare.</NOTE> be faulty, or Execution be not done upon it, by rea&s;on of the death of the Conu&s;ee, or otherwi&s;e,
<PB N="168" REF="98">
the Conu&s;ee or his Executor, or Admini&s;trator, may have another Certificate: And thereupon he &s;hall have a Writ of <HI>Capias</HI> out of the <HI>Chancery</HI> di|rected <NOTE PLACE="marg">Capias.</NOTE> to the Sheriff of the County where the Conu&s;or lives, to apprehend and impri&s;on him (if he be not a Clergy man) and this is to be returned into the <HI>Common Pleas</HI> or <HI>&V;pper Bench.</HI> And when the Conu|&s;or is taken, he &s;hall have time for a Quarter of a year to make his agreement with the Conu&s;ee, and to &s;ell his lands or goods to &s;atisfie the Conu&s;ee: And for that purpo&s;e, he may &s;ell his lands or goods, although he be in pri&s;on, and his &s;ale is good and lawfull: And if in that time, he do not &s;atisfie the Conu&s;ee, or if upon the <HI>Capias,</HI> the Sheriff return a <HI>Non e&s;t inventus,</HI> then by a Writ (or by di|vers Writs, if the Lands or goods lie in divers Coun|ties) called an <HI>Extendi facias;</HI> then all his Lands <NOTE PLACE="marg">Extendi facias, what.</NOTE> and goods &s;hall be delivered (by the Sheriff) to the Creditors upon a rea&s;onable Extent, to hold untill the debt be paid; And if the Jurors or Apprai&s;ors upon the <HI>Extendi facias,</HI> over-value the Lands or goods in favour to the Debtor, the Conu&s;ee hath no remedy, but by motion in that Court where the Writ is returnable, at the Re|turn day, or at lea&s;t the &s;ame term wherein the Writ is returnable, to de&s;ire that the Apprai&s;ors may take the Lands or goods at the rate they have valued them, in the &s;ame manner as the Conu&s;ee is to have them. But if the Conu&s;ee accept of the Lands and goods from the Sheriff, or &s;uffer the term to pa&s;&s;e, wherein the Writ is returnable, he is too late, and hath no re|medy at all. And if the Apprai&s;ors do under-value the Lands or goods in &s;avour to the Debtee, it &s;eems the Conu&s;or hath no remedy at all, for he may at any time pay all or the re&s;idue of the debt and da|mages unlevied, and have his Lands again if he plea&s;e. Yet neverthele&s;&s;e the body of the Debtor &s;hall remain in pri&s;on until the Debt be paid: And if there be Sureties, they &s;hall receive no damage, &s;o long as the Debt may be fully levied of the goods of the Debtor.</P>
<P><PB N="169" REF="98">
Note, that upon the Statute-Merchant or Staple, <NOTE PLACE="marg">Note. All the fee-&s;imple lands of the Conu|&s;or at the time of the Stat. acknow|ledged, &amp;c. &s;hal be liable to the &s;aid Statute. <HI>Stat. de Mercator.</HI> 13 E. 1. 27. c. 9. 23 H. 8. Co. 3. 12. Copyhold Lands not lyable. Nor Lea&s;e for term of life. But lea&s;e for term of yeares, &amp;c. &s;hal be exten|ded, &amp;c. Goods demi&s;ed, pawned, or pledged, may not be taken. 22 E. 4. fol. 10. 34 H. 8. Br. Pledg. 28. Nor goods di&s;train|ed for Rent, &amp;c. may not be taken. If the Conu&s;or die in execution, the Conu&s;ee may have Execution of his lands and goods. Co. 5. 86. &amp; 87. Fitz. 246. <HI>b.</HI> Or if the Conu&s;or e&s;cape, his goods and Lands &s;hall be extended. A <HI>Non e&s;t in|ventus</HI> return'd upon the 1. Cer|tificate, a 2. not grantable, yet, &amp;c. 28 <HI>E.</HI> 3. 91. Execution 93.</NOTE> all the Fee-&s;imple lands, which the Conu&s;or had at the time of the &s;aid Statute acknowledged, or at any time after, &s;hal be liable to the &s;aid Statute, to whom &s;oever they be afterwards &s;old, by alienation, Feof|ment or otherwi&s;e. <HI>Stat. de Mercator. 13 E. 1. 27. c. 9. &amp; 23 H. 8. Co.</HI> 3. 12. But if the Debtor die, the body of his heir &s;hall not be taken, but his Lands in Fee that de&s;cend to him by the Conu&s;or, &s;hall be taken (as afore&s;aid) if he be of full age, or when he &s;hall at|tain full age, until the &s;aid debt be levied, <HI>Stat. ibid.</HI> Copyhold Lands are not liable, nor &s;hall be exten|ded. Nor lea&s;e for term of life. But Lea&s;e for term of years, and all other goods and chattels of the Conu&s;or or Debtor are liable, and &s;hall be extended, which the Conu&s;or hath in his own po&s;&s;e&s;&s;ion, and to his u&s;e, at the time of the Execution &s;ued or a|warded. But goods demi&s;ed, pawned, or pledged, may not be taken in Execution, for his debt, that demi&s;ed or pledged them, during the time or term, that they were demi&s;ed or pledged, 22 <HI>E. 4. fo. 10. 34 H. 8. Br. Pledg.</HI> 28. al&s;o goods di&s;trained for rent, amerciament, damage fea&s;ant, &amp;c. and are im|pounded, <HI>in cu&s;todia legis,</HI> during the time that they are &s;o, may not be taken in Execution. See <HI>Br. Pledg.</HI> 28.</P>
<P>If the Conu&s;or of a Statute-Merchant or Staple, &amp;c be taken, and die in Execution, yet the Conu&s;ee &s;hall have execution of his lands and goods, <HI>Co. 5. 86, 87. Fitz.</HI> 246 b. or if the Conu&s;or be taken in Execution, and e&s;cape, yet his goods and lands &s;hall be taken and extended upon by the &s;aid Statute; for the e&s;cape and the action that the Plaintiff had again&s;t the Sheriff, for the e&s;cape, is no &s;atisfaction of the debt.</P>
<P>Certificate of a Statute-merchant was &s;ued forth, and Execution &s;ued in the &s;ame County, the Sheriff retur|ned <HI>Non e&s;t inventus,</HI> for which the Plaintif &s;ued another Certificate to the Major, by rea&s;on of which the party was taken, &amp; it was holden that the &s;econd Certificate was not grantable, yet the party taken would not be &s;et at liberty, by, 28 <HI>E. 3. 91. Execution</HI> 93.</P>
<P><PB N="170" REF="99">
Where there are &s;everal Certificates in divers Courts <NOTE PLACE="marg">Several Certifi|cates in divers Courts upon one Statute, Execu|tion &s;ued in the one &s;hall not &s;tay that in the other 29 A&s;&s;. 29.</NOTE> upon one Statute, Execution &s;ued in the one &s;hall not &s;tay that in the other, becau&s;e they are intended &s;e|verall Statutes, but it &s;eems he may &s;ue to the Major to certifie if there be another Statute or not, and &s;o be helped, 29. <HI>A&s;&s;.</HI> 29. and becau&s;e where a Certificate is &s;ued in the <HI>Common Pleas,</HI> and the &s;ame Plaintiff &s;ues another in the <HI>&V;pper Bench,</HI> and the <HI>Iu&s;tices</HI> were cer|tified, by the <HI>Major,</HI> that all was but one Statute, the parties cau&s;ed the Record to come out of the <HI>Common Pleas</HI> into the <HI>&V;pper Bench,</HI> and then a <HI>Capias</HI> &s;hall i&s;&s;ue out again&s;t the Conu&s;or, and yet one Conu&s;or was taken before in the <HI>Common Pleas,</HI> but it appear|ed <NOTE PLACE="marg">29 A&s;&s;. 41.</NOTE> that he afterward e&s;caped, 29 <HI>A&s;&s;.</HI> 41.</P>
<P>A Statute which was certified for the Te&s;tator, &s;hall <NOTE PLACE="marg">A Statute certi|fied for the Te|&s;tator, &s;hall be certified for the Executor, <HI>F N B. 132. F N B</HI> 244. The Major, &amp;c. hath power to hold Pleas done in the Staple.</NOTE> by a &s;peciall Writ be certified for the Executor, <HI>F N B.</HI> 132. &s;o where it is not &s;ufficiently certified before, &s;o where the party keeps it in his hands, &s;o where the fir&s;t Certificate is lo&s;t, and if the Major will not certifie it, a <HI>Certiorari</HI> &s;hall be directed unto him, <HI>F N B.</HI> 244.</P>
<P>The Major of the Staple hath power to hold plea of things done in the Staple, and upon a Statute ac|knowledged before him execution may be &s;ued, or in the Chancery at the plea&s;ure of the party, 9 <HI>H. 6. Iuri&s;|diction</HI> 6.</P>
<P>Upon a Statute Merchant, a <HI>Capias</HI> i&s;&s;ued out of the <NOTE PLACE="marg"><HI>Non e&s;t inven|tus</HI> return'd up|on a <HI>Cap.</HI> in the Common Pleas, <HI>Capias &amp; ex|tendi facias</HI> &s;hal not i&s;&s;ue out there, without &s;hewing the Sta. to the Iu&s;tices, &amp;c. 37 H. 6. 6. <HI>&amp;</HI> 7. Statute mu&s;t be &s;hewed at the day of the re|turn, &amp;c.</NOTE> Chancery returnable in the Common Pleas, the She|riff did return <HI>Non e&s;t inventus;</HI> Now <HI>Capias &amp; extendi facias</HI> &s;hall not i&s;&s;ue out of the Common Pleas with|out &s;hewing the Statute to the Ju&s;tices, although he had &s;hewed the &s;ame in the Chancery before, and if the Sheriff hath returned <HI>Cepi corpus,</HI> and hath the body here, if he do not &s;hew the Statute, the party &s;hall be di&s;charged, although it be lo&s;t, but upon a Statute Staple he mu&s;t &s;hew the &s;ame upon the <HI>Capias</HI> awarded, but not afterwards, becau&s;e in the &s;ame place, 37 <HI>H. 6. 6 &amp;</HI> 7.</P>
<P>It was holden, that if a Statute be certified, the Plan|tiff &s;hall have Execution without &s;hewing of it, but if he doth not &s;hew it at the day of the return, the other &s;hall be at large, although he have Execution of the
<PB N="171" REF="99">
body of one or of all the Defendants, <HI>26H. 6. Execu|tion</HI> <NOTE PLACE="marg">26 H. 6. Ex. 6.</NOTE> 6. See the Stat. of 5 <HI>H. 4: cap.</HI> 12.</P>
<P><HI>Vava&s;or</HI> &s;aid, that he &s;aw where the Recogni&s;ee <NOTE PLACE="marg">A &s;tranger may have Execution where the recog|ni&s;ee is dead. Or a Satute be made to two, yet one may have Execution, &amp;c. 12 E. 4. 10. &amp; 11. Execut. 14. Executors mu&s;t &s;ue out a <HI>Scire facias</HI> before they can have Execution, &amp;c. 17 E. 3. 31. 18 E. 3 10.</NOTE> died, and a &s;tranger came in his own name, and &s;hewed the Statute, and had Execution, although the other came not in proper per&s;on, and upon a Statute made to two, if one come with it, he &s;hall have Execution in both their names, and it is a common cour&s;e, that every &s;tranger who comes with the Statute, &s;hall have Execution upon it in the name of the Recogni&s;ee, 12 <HI>E. 4. 10. &amp; 11. Execu|tion</HI> 14.</P>
<P>And upon <HI>Non e&s;t inventus</HI> returned upon the Cer|tificate where the Plaintiff died, his Executors &s;hewed the Statute, and had Execution of it, 17 <HI>E.</HI> 3. 31. But &s;ee 18 <HI>E.</HI> 3. 10. he &s;hall not have it without a <HI>Scire facias, vide Eliz Dyer, &amp;c.</HI> Conu&s;ee of a Statute Merchant had it certified in the Chancery, and thereupon had a <HI>Capias</HI> upon it and died, upon the &s;hewing of the Statute his Executors had a <HI>Scire facias.</HI></P>
<P>The opinion was, that if a man &s;ue Exe|cution <NOTE PLACE="marg">Execution upon the Sta|tute &s;ued into divers Counties, upon <HI>Nihil</HI> returned in one County, he &s;hall have Execution of the whole in the other, &amp;c. 16 E. 3. Exec. 49.</NOTE> of a Statute Merchant in divers Counties, and in each for the portion, <HI>viz. 20 l.</HI> in the one, and 20 <HI>l.</HI> in the other County, yet upon <HI>Nihil</HI> returned in one County, he &s;hall have Execution of the whole in the other, if he hath A&s;&s;ets there, 16 <HI>E. 3 Execution</HI> 49. and a man may well pray Execution of the body in one County, and an <HI>Elegit</HI> of the land in the other County, <NOTE PLACE="marg">41 E. 3.</NOTE> <HI>Execution</HI> 38.</P>
<P><NOTE PLACE="marg">Statute &s;ued of parcel of the Lands in the name of all, &s;hall never extend the re&s;t. </NOTE>If a Statute Merchant be &s;ued of parcel of the Lands of the Conu&s;or, in the name of all his Lands, he &s;hall never extend on the re&s;t of the lands, <HI>Mic. 22. E. 3. f.</HI> 14.</P>
<P><NOTE PLACE="marg">Three bound to one in a Statute &s;everally, Exe|cution may be again&s;t one, or all. </NOTE>If three are bound to one in a Statute Mer|chant, and every one of them by them&s;elves, <HI>quemlibet eorum per&s;e,</HI> I may &s;ue Execution again&s;t one of them only or again&s;t them all at my plea&s;ure.</P>
<P><PB N="172" REF="100">
If an Infant bind him&s;elfe in a Statute-Merchant, <NOTE PLACE="marg">Infant bound in a Stat. may a|void it during his Minor. &amp;c. The like by <HI>du|res impri&s;onm.</HI></NOTE> or Statute-Staple, he may avoid this during his Non-age by <HI>Audita Querela,</HI> and al&s;o he may have his <HI>Au|dita Querela</HI> after his full age to avoid this Statute by matter of <HI>fait;</HI> and the like law if the Statute be ac|knowledged by <HI>dures of impri&s;onment.</HI></P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Statute Staple.</HEAD>
<P>WE now come to the laying open a <HI>Statute-Staple,</HI> which is duplicate, to u&s;e the words of Mr. <HI>We&s;t, viz.</HI> either,</P>
<LIST>
<ITEM>1. Properly &s;o called, or <NOTE PLACE="marg">Proper. Improper. Statute-Staple proper what.</NOTE></ITEM>
<ITEM>2. Improperly.</ITEM>
</LIST>
<P N="1">1. A <HI>Statute-Staple</HI> properly &s;o called, is an Obligation acknowledged before the Major of the Staple, in the pre&s;ence of one or two Con&s;tables of the &s;ame Staple. And by vertue of &s;uch Statute-Staple, the Creditor or <NOTE PLACE="marg">27 E. 3. c. 9.</NOTE> Recogni&s;ee may forthwith have execution of the body, lands and goods of the Debtor or Recogni&s;or: and this is founded upon the Statute of 27 <HI>E. 3. c.</HI> 9.</P>
<P N="2">2. A <HI>Statute-Staple</HI> improper, is an obligation of Re|cord <NOTE PLACE="marg">Statute-Staple improper what. Or. 27 H. 8. c. 6</NOTE> founded upon the Stat. of 23 <HI>H. 8. c.</HI> 6. of the nature and validity of a <HI>proper Statute-Staple,</HI> as touching the form and Execution thereof, and acknowledged before one of the chief Ju&s;tices, and in their ab&s;ence before the Major of the Staple at <HI>We&s;tmin&s;ter,</HI> and Recorder of <HI>London.</HI> (You have the forms of all the&s;e Obligati|ons or Statutes in <HI>We&s;t. part 1. Symb. L. 2. Sect.</HI> 152. <NOTE PLACE="marg">We&s;t. Symb. 1. L. 2. Sect. 152. 153. 154. 155.</NOTE> 153. 154. 155.) It is &s;ealed with three &s;eals, <HI>viz.</HI> with the &s;eal of the Conu&s;or, with the &s;eal of the Protector, and of one of the &s;aid <HI>Iu&s;tices,</HI> or of the Major and Re|corder, 23 <HI>H. 8. c</HI> 6. And note that all Statutes Staple <NOTE PLACE="marg">Note. 27 Eliz. cap. 4.</NOTE> and Merchant &s;hall be brought to the Clerk of the Re|cogni&s;ance within four months, and inrolled within &s;ix months, otherwi&s;e &s;uch Statute &s;hall be void a|gain&s;t Purcha&s;ors, &amp;c. 27 <HI>Eliz. c.</HI> 4.</P>
<P><NOTE PLACE="marg">The manner of proceeding upon a Stat. Staple. </NOTE>The maner of the proceeds upon it are the &s;ame with the <HI>Statute-Merchant,</HI> &s;aving that in a <HI>Statute-Staple,</HI> pre&s;ently after the Certificate into the <HI>Chancery,</HI> the Conu&s;ee &s;hall have a Writ to take his body, and ex|tend
<PB N="173" REF="100">
his Lands and goods returnable in <HI>Chancery;</HI> and this writ is a <HI>Commi&s;sion</HI> directed to the Sheriff of the County where the Lands and goods lie, for the valu|ing of the &s;ame, whereby all the lands, goods, and chattels of the Conu&s;or &s;hal be appri&s;ed and valued at a rea&s;onable rate by a Jury of men &s;worn, charged by the Sheriff for that purpo&s;e; which Inqui&s;ition &s;o ta|ken is to be returned by the Sheriff; and thereupon the lands, goods and chattels are to be taken into the She|riffs hands, and by him to be delivered to the Conu&s;ee (which the Sheriff may do if he will without any Writ) to hold unto the Conu&s;ee, until he be &s;atisfied his debt and damages: And if the Sheriff refu&s;e &s;o to do, the Conu&s;ee &s;hall have a writ out of the Chancery called a <HI>Liberate,</HI> to compell him to deliver to the Conu&s;ee the <NOTE PLACE="marg">Liberate.</NOTE> lands, goods, and chattels, &s;o found by inqui&s;ition, and taken into his hands upon the Extent, which the Sherif need not return, <HI>Fitz. Accompt 97. Execution in toto. Broo. Stat. in toto. Stat. Acton Burnel de Mercat.</HI> 27 E. 3. 9. <HI>F N B. 130. 131. 132. Dyer 180 Coo. 4. 67. Plow. 61. 62. 82. Co. &s;uper Lit. 290. Coo. 5. 87. &amp;c.</HI> See more of the proceeding in <HI>Statute-Merchant.</HI></P>
<P><NOTE PLACE="marg">Note. </NOTE>It was adjudged in <HI>B. R. Hil. 42. Eliz.</HI> that a debt re|covered in the Kings Court by Judgment, &s;hall be paid before a Bond in nature of a <HI>Statute-Staple</HI> or <HI>Merchant:</HI> becau&s;e the Judgment is a matter of a more high and worthy nature then <HI>private portable pocket Records:</HI> al&s;o <NOTE PLACE="marg">Co. L. 6. 45. C. 2. in <HI>Higgons</HI> ca&s;e.</NOTE> it &s;hall be preferred before a Recogni&s;ance acknowled|ged in any Court by a&s;&s;ent, which may al&s;o be private|ly done; and a Judgment &s;o given in the Kings Court, upon ordinary and judicial proceedings, which remain in the cu&s;tody of a &s;worn Officer, are Records which are preferred in Law before &s;uch Statutes; <HI>&amp; non re|fert,</HI> whether the Judgment or Recogni&s;ance or Sta|tute be fir&s;t; for be the Judgment fir&s;t or la&s;t, it &s;hall be fir&s;t &s;atisfied, &amp;c. And &s;o it was holden <HI>per totam</HI> <NOTE PLACE="marg">Pemberton &amp; Bartams <HI>ca&s;e,</HI> Plow. 32. El. Rot. 235.</NOTE> <HI>curiam</HI> in the Common Pleas in <HI>Pemberton</HI> and <HI>Bartams</HI> ca&s;e. <HI>Plow. 32. El. Rot.</HI> 235. which &s;ee in the end of <HI>Sadlers</HI> Ca&s;e in the 4. Reports, <HI>Dyer</HI> 80 53.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="174" REF="101">
<HEAD>Recogni&s;ance, what it is.</HEAD>
<P>WE now come to the third, which is <HI>Recogni&s;ance;</HI> and that is an Obligation or Bond of Record, acknowledged in a Court of Record, te&s;tifying the Recogni&s;or to owe to the Recogni&s;ee a certain &s;umme of money, and is acknowledged in &s;ome Court of Re|cord, or before &s;ome Judge or other Officer of &s;uch Court having authority to take the &s;ame; as the Ma&s;ter of the Chancery, the Judges of either Bench, of the Exchequer, Ju&s;tices of Peace, <HI>&amp;c.</HI> And tho&s;e that be meer Recogni&s;ances, are not &s;ealed but inrolled, And yet &s;ome are &s;ealed, with the &s;eale of the party: and may be with condition annexed, or may be &s;ingle, and then to have Indentures of de|fea&s;ance.</P>
<P><NOTE PLACE="marg">The manner of proceeding upon a Recogni&s;ance. </NOTE>If the money be not paid at the day, the Conu&s;ee proceeds upon it after this manner: The Conu&s;ee his Executor or Admini&s;trator is to bring a <HI>Scire facias</HI> again&s;t the Conu&s;or; or if he be dead, again&s;t his heirs, when they be of full age; or if the Lands the Conu&s;or had at the time of the entering into the Recogni&s;ance, be &s;old, again&s;t the Purcha&s;ors of tho&s;e Lands, which the Conu&s;or had at any time after the Recogni&s;ance entred into, to warn them to come into that Court, whence the <HI>Scire facias</HI> cometh, and to &s;hew cau&s;e why Execution &s;hould not be done upon the &s;aid Recogni&s;ance: And if the party or parties cannot be found to be warned, or being warned do not appear at the time, or appearing, &s;hew no cau&s;e why the debt &s;hould not be levied, then the Conu&s;ee &s;hall have Execution of a moyty of his Lands by <HI>Elegit;</HI> or if <NOTE PLACE="marg">Elegit. Levari facias. Fieri facias.</NOTE> the Conu&s;or be living, of all his goods by <HI>Levari</HI> or <HI>Fieri facias</HI> at his Election, but he cannot have Exe|cution of his body, unle&s;&s;e he bring an action of debt upon the Recogni&s;ance, or it be by cour&s;e of the Court, as it is in the Upper Bench upon a Bail, in which ca&s;e a <HI>Capias</HI> doth lie. <HI>Dyer 360. 315 We&s;t.</HI> 2. 18. <NOTE PLACE="marg">Capias.</NOTE> <HI>Broo, Execution, 129. Co. 3. 11. 15 H, 7. 16. Kitch.</HI> 117.
<PB N="175" REF="101">
And the proceeds again&s;t Sureties in Statutes &s;hall be <NOTE PLACE="marg">Proceedings a|gain&s;t the &s;ure|ties.</NOTE> as the proceeding again&s;t the principal; but in ca&s;e where there are moveables of the principal to &s;atisfie the debt, the Sureties (as it &s;eems) &s;hall not be charged, <HI>Stat. de Mercatoribus.</HI></P>
<P><NOTE PLACE="marg">Execution of all the goods and chattels, and a moyty of the Lands. </NOTE>Execution by vertue or force of a Recogni&s;ance &s;hall be of all the goods and chattels of the Reconu&s;or (except the Bea&s;ts of the Plough, and implements of Husbandry) and of the moyty of his Lands: <HI>We&s;t.</HI> 103.</P>
<P><NOTE PLACE="marg">Execution of the Land which the Recogni&s;or had at the time of the Recogni|&s;ance, &amp;c. </NOTE>The Recogni&s;ee by the fir&s;t Writ &s;hall not have Execution but of the Land which the Reconu&s;or had at the time of the Reconu&s;ance, and upon return that he had no Land, then he &s;hall have a Writ to try who had it at the time, &amp;c. or after, &amp;c. 36 <HI>E. 3. Execution 47. 19 E.</HI> 3. 1.</P>
<P><NOTE PLACE="marg">Two &s;ued in Execution, the money deliver'd to the Attorney of the one, and to the other him|&s;elf, good, &amp;c. </NOTE>Where two &s;ued Execution, the money was delive+red to one, and the Attorney of the other, <HI>Mich. 14. E. 3. Execution</HI> 76. and the De&s;endant in Court did pay the money to one, the other being ab&s;ent; and it was good and the Recognizance was withdrawn, <HI>Mich. 22. E. 3. 15, Execution</HI> 87.</P>
<P><NOTE PLACE="marg">The heir charg|ed, &amp;c. </NOTE>The heir &s;hall be charged in debt of the Lands which he had by de&s;cent; the day of the Writ brought, and not the day of Judgement, <HI>Mich. 18. E. 2. Execution</HI> 241.</P>
<P><NOTE PLACE="marg">Execution upon Stat. and findes bail, &amp; doth not appear at the day, &amp;c. </NOTE>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. <HI>See 59. E. 3. Execu|tion</HI> 43. <NOTE PLACE="marg">Two &s;ue Exe|cution, and one dies before the extent, yet the lands &s;hal be ex|tended, 11 R. 2. Brief. 938. Otherwi&s;e upon a Stat. Merch.</NOTE></P>
<P>If two &s;ue Execution, and before the Extent one dieth, the Sheriff &s;hall extend the Land, and &s;hall deliver the &s;ame to the other, 11. <HI>R. 2. Briefe</HI> 938. But if two &s;ue Execution of a Statute-Merchant, and the Reconu&s;or is returned dead, and then one of the Conu&s;ees doth acknowledge the death of his Companion, he &s;hall not have Execution without &s;u|ing a Writ out of Chancery, 25 <HI>E. 3. 38 Execution</HI> 92.</P>
<P><PB N="176" REF="102">
Where three are bound in a Statute joyntly and &s;e|verally, <NOTE PLACE="marg">3 Bound in a &s;tat. joyntly and &s;everally, he &s;hall have exec. again&s;t one, or all, but not a|gain&s;t two, <HI>&amp;c.</HI></NOTE> the Plaintiff &s;hall have <HI>Execution</HI> again&s;t one, or all of them at his election, and not again&s;t two, and &s;o of an Obligation. But if he bring debt again&s;t them all upon a joynt Bond, the <HI>Execution</HI> &s;hall be a|gain&s;t all; but if he bring it by &s;everall <HI>Praecipe's,</HI> he &s;hall not have <HI>Execution</HI> but again&s;t one, 34 <HI>E. 3. Exe|cution 129. 14 H. 4. 19 Execution</HI> 29.</P>
<P><NOTE PLACE="marg">Note. </NOTE>Note further, that a Recogni&s;ance though in the &s;peciall &s;ignification, it doth but acknowledge a cer|taine debt, and is executed upon all the goods, and hal&s;e the Lands of the Recogni&s;or: Yet by extention it is drawn al&s;o to the Bonds or Obligations, com|monly called <HI>Statute Merchant,</HI> and <HI>Statute Staple,</HI> as appeareth by the <HI>Regi&s;ter of Originall Writs,</HI> fol. 146. 151. &amp; 152.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Elegit, what.</HEAD>
<P>4 <HI>ELegit</HI> is a Judiciall Writ by the Statute, and lyeth for him that hath recovered debt or dama|ges again&s;t one not able in his goods to &s;atisfie, and directed to the Sheriff, commanding him that he make delivery of hal&s;e the parties Lands or Tene|ments, and all his Goods and Chattels (Bea&s;ts for the Plow excepted) <HI>Old</HI> N. B. <HI>fol. 152. Regi&s;ter of O|riginall Writs, fol.</HI> 299. &amp; 301. and the Table of the Regi&s;ter judiciall, which expre&s;&s;eth diver&s;e u&s;es of this Writ.</P>
<P><NOTE PLACE="marg">May take a moi|ety of the lands of the Conu&s;or, &amp; all his goods and chattels. We&s;tm. 2. c. 18. Valuation of the goods and lands mu&s;t be found by inqui&s;ition. Co. 4. 74. </NOTE>In <HI>Elegit</HI> by force of the Statute of <HI>We&s;tmin&s;ter</HI> 2. <HI>Cap.</HI> 18. the Sherif may take in <HI>Execution</HI> the moietie of the Lands of the Conu&s;or, and all his Goods and Chattels (except as before) and may deliver them unto the Conu&s;ee upon a rea&s;onable price or extent untill the debt be &s;atisfied: But the valuation of the goods and lands ought to be fir&s;t found by the Inqui|&s;ition of a Jury, <HI>Co.</HI> 4. 74. And the Sherif is to de|liver him &s;ei&s;in of them, who is tenant by <HI>Elegit,</HI> and &s;hall do no wa&s;te.</P>
<P><PB N="177" REF="102">
Upon <HI>Elegit</HI> the Sheriffe ought to returne the ex|tent, <NOTE PLACE="marg">The &s;heriff mu&s;t return the Ex|tent, and that he hath delivered the lands, <HI>&amp;c.</HI></NOTE> and al&s;o that he hath delivered the Lands, &amp;c. 12 <HI>Edward 3. Scire Facias</HI> 117. and the extent &s;hall be good for the &s;umme due, notwith&s;tanding that it be of more. 44 <HI>Edward 3. 11. Execution</HI> 35.</P>
<P><NOTE PLACE="marg">Term of years delivered in ex|ecution upon E|legit good, and al&s;o rents. </NOTE>A man &s;ued an <HI>Elegit,</HI> and had a terme of yeares delivered to him in Execution, which the De&s;endant had in po&s;&s;e&s;&s;ion as a Chattell, and adjudged good. An Annuity may be extended, and Rents, &amp;c.</P>
<P>In every <HI>Elegit</HI> the Sheriffe mu&s;t returne and &s;et <NOTE PLACE="marg">The &s;heriff mu&s;t return the moie|ty di&s;tinctly, un|le&s;s they be Te|nants in com|mon, <HI>&amp;c. Brownl.</HI> Rep. fol. 38.</NOTE> out the moietie di&s;tinctly, unle&s;&s;e they be Tenants in Common, and in that ca&s;e he mu&s;t returne the &s;peciall matter. An <HI>Elegit</HI> i&s;&s;ued out again&s;t one <HI>Grei&s;ley,</HI> by the name of <HI>Grei&s;ley</HI> E&s;quire, who was at the time of &s;uing out the Writ made Knight and Baronet, and it was in&s;ufficient, and the Plaintiffe pro&s;ecuted a new Writ. <HI>Brownlows Rep.</HI> 38.</P>
<P><NOTE PLACE="marg">The &s;heriff can|not deliver a Lea&s;e at another value then what the Jury had found it at. </NOTE>A Le&s;&s;ee had a Lea&s;e to the value of 100 pounds, and after the Te&s;te of the <HI>Elegit,</HI> and before the She|riffe had executed it, a&s;&s;ignes his terme to one, who a&s;&s;ignes it to the Plaintiffe in the <HI>&s;cire facias,</HI> and a&s;|terwards and before the la&s;t a&s;&s;ignment, the Sheriffe executes the <HI>Elegit,</HI> and delivers the Lea&s;e to the Plaintiffe to be holden, &amp;c. for &s;atisfaction of the debt, which came but to 43 pounds, 6 <HI>s. 8 d.</HI> and it was held by all the Judges, that the Sheriffe could not deliver the Lea&s;e at another value then what the Jury had found it at; and the &s;ale made by the She|riffe is as &s;trong as if it had been made in the open <NOTE PLACE="marg">Goods cannot be &s;old by the own|er after the Te&s;t of the <HI>Elegit.</HI></NOTE> Market, and that all the Goods and Chattels are bound after the Te&s;te of the <HI>Elegit,</HI> and cannot be &s;old by the owner after the Te&s;te of the Writ. <HI>Brown|lowes Rep. 38. Comers ver&s;us Brandling.</HI></P>
<P><NOTE PLACE="marg">An Execution valuable with|out &s;atisfaction. </NOTE>There are good diver&s;ities between an Execution not valuable, (as of the Defendants body) and an Execution valuable, as of Lands, &amp;c. As if two men are bound joyntly and &s;everally in an Obligati|on, and the one is &s;ued, condemned and taken in ex|ecution, and afterwards the other is al&s;o &s;ued, condem|ned &amp; taken in <HI>execution,</HI> and then the fir&s;t e&s;capes, and
<PB N="178" REF="103">
the other brings his <HI>Audita Querela;</HI> In that ca&s;e he &s;hal be barred to bring that Writ, untill the Plaintiff be &s;atisfied: So likewi&s;e if the De&s;endant in debt dye in Execution, yet the <HI>Plaintiff</HI> may have a new Exe|cution by <HI>Elegit</HI> or <HI>Fieri facias:</HI> But if the <HI>Plaintiff</HI> have once Execution of the Lands of the <HI>Defen|dant,</HI> and after the Lands are evicted there be|fore the Statute of 23 <HI>H: 8. Cap.</HI> 5. he &s;hall not have <NOTE PLACE="marg">23 H. 8. cap. 5.</NOTE> any new Execution; for the Execution of the Lands was valuable, and accounted in Law for a &s;atisfa|ction, and (to avoid infinitene&s;&s;e) he &s;hall have but one valuable &s;atisfaction, or one Execution, with &s;atisfaction at the Common Law, <HI>Co. 5. 86. b. 3. Blumfields</HI> ca&s;e.</P>
<P><NOTE PLACE="marg">Note, where a Capias lies after an Elegit. </NOTE>If upon an <HI>Elegit,</HI> there be no Execution but upon goods, becau&s;e there is no Land, and the goods appeare in&s;ufficient, hee may have a <HI>Capi|as;</HI> For note, it is in effect but a <HI>Fieri Facias,</HI> though the word be <HI>Elegit:</HI> But if there be Land extended, then it is otherwi&s;e; and yet, <HI>Quaere,</HI> if the debt be forty pounds, and nothing extended, but a Lea&s;e for three yeares at five pounds a yeare, or the like, for then to that which remaineth the <HI>Elegit</HI> failes. <HI>Hobert Rep. fo.</HI> 58. <NOTE PLACE="marg">Hobert. fol. 58.</NOTE></P>
<P><NOTE PLACE="marg">Lands &s;old after Judgement &s;hall be lyable to &s;a|tisfie it. </NOTE>If a Judgement be obtained again&s;t a man, who thereupon &s;ells his Land, in who&s;e hands &s;oever the Land is, it &s;hall be lyable to &s;atisfie that Judge|ment, and to that end &s;hall i&s;&s;ue out a <HI>Scire Facias</HI> again&s;t the <HI>Terr-tenants.</HI></P>
<P>If two Writs of <HI>Elegit</HI> be delivered to the Sheriffe hoth at one time, the Sheriffe is to <NOTE PLACE="marg">Two Writs of <HI>Elegit</HI> delivered to the Sheriffe at one time how to be exe|cuted.</NOTE> exend the moiety of all the Lands, and &s;hall 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 o|ther, for he cannot deliver a moiety of all the lands to one, and the other moiety to the other. See <HI>At|torneys Academy,</HI> 109.</P>
<P><NOTE PLACE="marg">Severall Ele|gits may i&s;&s;ue into &s;everall Counties. </NOTE>Severall Elegits may i&s;&s;ue into &s;everall Counties where the Land lies. </P>
<P><PB N="179" REF="103">
If a man doth pray to have an <HI>Elegit,</HI> to have <NOTE PLACE="marg">No <HI>Capias</HI> nor <HI>Fieri fac.</HI> doth lye after an <HI>Ele|git,</HI> and why.</NOTE> the moiety of the Defendants Lands in Execution, and the Sheriffe returned that he had no Lands, whereupon he prayed a <HI>Capias</HI> to arre&s;t the party, but the Court would not grant it; but if the Co|nu&s;ee, <HI>&amp;c.</HI> would tarry till Lands did come to <NOTE PLACE="marg">Mich. 30 E. 3. Cap. 24.</NOTE> the Defendant, or goods, then, <HI>&amp;c.</HI> But now he could not have a <HI>Capias,</HI> nor a <HI>Fieri Facias.</HI> And the cau&s;es that the entery in the Roll is, that he hath cho&s;en his Execution of the moiety of his Lands, the which he mu&s;t &s;tand to, becau&s;e it is an Execution in the &s;uperlative. <HI>Mich. 30 E.</HI> 3. 24.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Capias ad Satisfaciendum, <HI>what it is.</HI></HEAD>
<P>IT is a Writ (by the Statute) after Judgement, lying where a man recovereth, in an Action per&s;o|nall, as Debt or Damages or Detinue, and he again&s;t whom the Debt is recovered, and hath no Lands or Tenements, nor &s;ufficient goods, whereof the debt may be levyed: In this ca&s;e, he that recovereth &s;hall have this Writ to the Sheriffe, commanding him, that he take the body of him, again&s;t whom the debt is recovered; and he &s;hall be impri&s;oned untill &s;ati&s;|faction be made to the recoverer. And the Sheriffe <NOTE PLACE="marg">Pri&s;oners mu&s;t be kept in <HI>&s;alva &amp; arcta cu&s;to|dia.</HI></NOTE> mu&s;t keepe him in <HI>&s;alva et arcta cu&s;todia,</HI> unle&s;&s;e he intend to pay the debt him&s;elfe; For if a Pri&s;oner be taken upon an Execution, and &s;hall afterwards let him goe at liberty before the Debt be &s;atisfied, &amp;c. The Creditor may have either an Action of Debt, or an Action upon the Ca&s;e again&s;t the Sheriffe, and &s;o <NOTE PLACE="marg">Fitz. 93. a. c.</NOTE> recover his debt. <HI>Fitz. 93. a. c.</HI></P>
<P>A man &s;hall not have a <HI>Capias ad &s;atisfaciend.</HI> but <NOTE PLACE="marg"><HI>Cap.</HI> ad <HI>&s;atisf.</HI> where a Cap. lies in the Orig.</NOTE> where <HI>Capias</HI> lyeth in the Originall, 11 <HI>H.</HI> 9. 18. vide <HI>Co 3. part.</HI> Sir <HI>William Herbets</HI> Ca&s;e, 8 <HI>H.</HI> 6. 9. 22 <HI>Ed.</HI> 4. 22.</P>
<P><PB N="180" REF="104" MS="y">
Upon this Writ the Sheriffe can take nothing <NOTE PLACE="marg">Nothing but the body can be ta|ken by this Writ. <HI>Co.</HI> 5. 8.</NOTE> but the body of the Defendant; for the Writ is to do no more but to take his body, and to detaine him in pri&s;on, till he hath &s;atisfied the debt. <HI>Co.</HI> 5. 8.</P>
<P><NOTE PLACE="marg">A man in the cu&s;tody of the Sheriff, and a &s;e|cond Writ is de|livered to him, he &s;hall be in his cu&s;tody upon it, although not a|ctually arre&s;ted. </NOTE>When a man is in the cu&s;tody of the Sheriffe by proce&s;&s;e of Law, and afterwards another Writ is de|livered to him, to arre&s;t him who is in his cu&s;tody, pre&s;ently he is in his cu&s;tody by force of the &s;econd Writ by judgement of Law, although he doe not actually arre&s;t him; for to what purpo&s;e &s;hall he arre&s;t him, who is and was before in his cu|&s;tody? <HI>Et lex non praecipit inutilia, quia inutilis la|bor &s;tultus.</HI> And the words of the <HI>Capias ad &s;atisfac.</HI> are not onely <HI>quod capiat,</HI> &amp;c. but <HI>quod &s;alvo cu&s;to|diat,</HI> &amp;c. <HI>Ita quod habcat corpus,</HI> &amp;c. So that al|though <NOTE PLACE="marg">7 H. 4. 30.</NOTE> he cannot take him who he hath in his keep|ing, yet he may &s;afely keep him; and therewith agree|eth 7 <HI>H.</HI> 4. 30.</P>
<P>If two men be bound joyntly and &s;everally in an Obligation, the one is &s;ued, condemned and ta|ken <NOTE PLACE="marg">Two bound in an Obligation joyntly and &s;e|verally, both may be &s;ued and taken in executi|on, <HI>&amp;c.</HI></NOTE> in Execution, yet the other may not goe &s;cot|free, for hee may be likewi&s;e &s;ued and taken in Execution, untill the Plaintiffe be &s;atisfied of his entire debt. <HI>Coo.</HI> 5. 86. But if the Creditor be &s;atisfied by the fir&s;t that was in Execution, the other may plead this &s;atisfaction, and be di&s;charged, 29 <HI>H. 8. tit Execut. b.</HI> 132.</P>
<P>A woman recovering damages in a Writ of Dow|er, <NOTE PLACE="marg">No <HI>Cap.</HI> ad <HI>&s;a|tisf.</HI> for damages in a Writ of Dower.</NOTE> &s;he cannot have Execution of the&s;e damages re|covered by a <HI>Capias ad &s;atisfaciendum,</HI> becau&s;e the <HI>Ca|pias</HI> was not in the <HI>Originall. 11 H. 7. fol. 5. 2 H. 7. fol.</HI> 7.</P>
<P>If a man be condemned in an Action of Debt, and <NOTE PLACE="marg">No return re|quired upon a <HI>Cap. ad &s;atis.</HI></NOTE> the Sheriffe hath him in Execution, by a <HI>Capias ad &s;atisfac.</HI> by arre&s;ting him, although the Sheriff do not return the Writ, an Action&punc; of fal&s;e Impri&s;onment is not to be brought again&s;t the Sheriffe for not making return of the Writ, for the writ of <HI>Capias ad &s;atisfca.</HI> is not as other <HI>Capias,</HI> that is, <HI>So that you have his body be|fore,</HI> &amp;c. For in every <HI>Capias ad &s;atisfoc.</HI> the Judge|ment is given before, and it is but to take Execution
<PB N="181" REF="104">
of the partie, in which no an&s;wer nor return availeth, <HI>Pa&s;ch. 21 H. 7. fo.</HI> 13.</P>
<P>If one be in Execution by his body, and the party doth relea&s;e unto him all actions, &s;uits and debts, he &s;hall not have an <HI>Elegit</HI> nor a <HI>Capias,</HI> becau&s;e the duty is extinct, 26 <HI>H. 6. Execution</HI> 7.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Capias pro Fine. Capias &V;tlegatum. Capias ad Valentiam.</HEAD>
<P>THere are other three Writs of <HI>Capias</HI> after Judge|ment, <HI>viz.</HI></P>
<LIST>
<ITEM>1 Capias pro Fine. <NOTE PLACE="marg">Cap. pro Fine. Cap. Vilegatum. Cap ad valent.</NOTE></ITEM>
<ITEM>2 Capias &V;tlegatum.</ITEM>
<ITEM>3 Capias ad Valentiam.</ITEM>
</LIST>
<P N="1">1. The <HI>Capias pro Fine</HI> is, where one being fined <NOTE PLACE="marg">Cap. pro Fine, <HI>what it is.</HI></NOTE> by Judgement unto the Protector, upon &s;ome offence committed again&s;t a Statute, doth not di&s;charge it, according to the Judgement: by this is his body ta|ken, and impri&s;oned till he pay the Fine. <HI>F. N. B. 76. Coo.</HI> 11. 42. 8. 60.</P>
<P>If the Plaintiffe &s;ue an <HI>Elegit</HI> after the Defen|dant <NOTE PLACE="marg">An <HI>Elegit</HI> &s;ued after one is ta|ken for the Pro|tectors fine, he &s;hall go at large</NOTE> is taken for the Protectors Fine, he &s;hall goe at large, for &s;uch Execution doth di&s;charge the body, 7 <HI>H</HI> 6. 6. and 7. So if he &s;ue by <HI>Fieri facias, 18 E. 3. Execution</HI> 54. Yet upon <HI>Nihil</HI> returned he may have a <HI>Capias,</HI> &amp;c.</P>
<P>If the Defendant be taken upon a <HI>Capias pro Fine</HI> in <NOTE PLACE="marg">One taken upon a <HI>Cap</HI> &amp;c. in tre&s;pa&s;se, <HI>&amp;c.</HI></NOTE> Tre&s;pa&s;s, and the Plaintiff prays that he may remain in pri&s;on for his Execution, the Plaintiff not &s;atisfied &s;hall have an Execution afterwards: So if one pray an <HI>Elegit</HI> of Lands, and nothing is returned but a Rent, he &s;hall have an <HI>Elegit</HI> of the &s;ame, 47 <HI>E.</HI> 3. <NOTE PLACE="marg">47 <HI>E.</HI> 3. Execu|tion 41.</NOTE> <HI>Execution</HI> 41. See <HI>F. N. B.</HI> 246. &amp; Stat. 32 <HI>Hen. 8. Cap.</HI> 5.</P>
<P N="2">2 <HI>Cap. Vtleg.</HI> is a writ of <HI>Exec.</HI> (after judgment of the <NOTE PLACE="marg"><HI>Cap. Utlegat.</HI> what it is.</NOTE> Coroner of the county, into which the <HI>Exigent</HI> &amp; Pro|mation
<PB N="182" REF="105">
i&s;&s;ued) which lyeth again&s;t him that is out|lawed, by the which the Sheriffe upon the receipt thereof apprehendeth the party outlawed, for not ap|pearing upon the <HI>Exigent,</HI> and keepeth him in <HI>&s;alva cu&s;todia (viz.)</HI> in &s;afe cu&s;tody.</P>
<P><NOTE PLACE="marg">Note. </NOTE>If a <HI>Capias utlegatum</HI> i&s;&s;ueth to the Sheriffe to take a party, and to enquire what Lands and Tenements he had, and the Sheriffe findes by Inqui&s;ition, that he is &s;ei&s;ed of many Lands, and continues po&s;&s;e&s;&s;ion in them, and the Sheriffe do out me, I may have an Acti|on of Tre&s;pa&s;&s;e again&s;t him. <HI>Winch. fol.</HI> 78.</P>
<P><NOTE PLACE="marg">Cap. utleg. &amp; inquiras de bonis &amp; catal|lis, <HI>what it is.</HI></NOTE><HI>Capias utlegatum &amp; enquiras de bonis &amp; catallis,</HI>  is a Writ of the &s;ame nature with the precedent, but that it giveth a further power to the Sheriffe, over and be&s;ides the apprehen&s;ion of his body to enquire al&s;o of his goods and chattels. <HI>Min&s;h. fo. 111. b.</HI></P>
<P><NOTE PLACE="marg">Cap. ad Valen. <HI>what it is.</HI></NOTE><HI>Capias ad Valentiam,</HI> Is a VVrit of <HI>Execution,</HI> and  lyeth where the Tenant is impleaded of certain lands, and he voucheth to warranty another, again&s;t whom the &s;ummons <HI>Ad Warrantizandum</HI> hath beene awar|ded, and the Vouchee cometh not in at the day given: Then if the Demandant recover again&s;t the Tenant, he &s;hall have this Writ again&s;t the Vou|chee, and &s;hall recover &s;o much in value of the Vou|chees Lands, if he have &s;o much; And if he have not &s;o much, then the Tenant &s;hall have <HI>Execution</HI> by this Writ of &s;o much Lands and Tenements as de&s;cend to him in Fee-&s;imple; or if he purcha&s;e afterwards, the Tenant &s;hall have again&s;t him a Re-&s;ummons; and if he can &s;ay nothing, he &s;hall recover the value. <HI>Old Natura Brevium.</HI> fol. 161, 162. <HI>Termes of the Law</HI> 45, 46.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="183" REF="105">
<HEAD><HI>Fieri Facias,</HI> what it is.</HEAD>
<P><NOTE PLACE="marg">We&s;tm. 2. c. 18, 13 E. 1. </NOTE><HI>AFIERI FACIAS</HI> 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 mu&s;t be brought within the yeare and day. This Writ hath beginning from <HI>We&s;t. 2. Cap. 18. Anno 13 E. 1. Old Nat. Br.</HI> fol. 150. See great diver&s;ity thereof <HI>in the Table of the Regi&s;ter Judi|ciall.</HI> Ver. Fieri Facias.</P>
<P>The <HI>Sheriffe</HI> or <HI>Bayliffe</HI> ought to be very cauti|ous <NOTE PLACE="marg">The Sheriffe mu&s;t be caut<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ous in executing this Writ, <HI>&amp;c.</HI></NOTE> in executing this VVrit; For if the Goods or Lea&s;e which &s;hall be taken, be the Goods of a &s;tran+ger, though they be found in the po&s;&s;e&s;&s;ion of the Defendant; Yet if it be found upon Tryall, that the Defendant hath no property in tho&s;e Goods or Chattels, then the Sheriffe or Bayliffe that executed that Writ, &s;hall be a tre&s;pa&s;&s;er to the right owner of the Goods, and &s;hall recover damage to the value of the Goods &s;o taken, with co&s;ts of &s;uite, although the Officer hath delivered them to the Plaintiffe in <HI>Execution. Dalton office of Sheriffes,</HI> fol. 60. There|fore the &s;afe&s;t cour&s;e for the <HI>Sheriffe</HI> or <HI>Bayliffe</HI> is not <NOTE PLACE="marg">Dalt. office of Sheriffs, fol. 60.</NOTE> to take any goods in <HI>Execution,</HI> unle&s;&s;e they plainly appeare to them to be the proper goods of the Defen|fendant; For the Officer is bound at his perill to take knowledge who&s;e Goods they be, <HI>I|bidem.</HI></P>
<P><NOTE PLACE="marg">If the Sheriffe for a debt of twenty pounds takes goods and &s;ells them for 40 l. he may keep the &s;ur|plu&s;age till the Defen|dant demand it of him. </NOTE>If a <HI>Fieri Facias</HI> be awarded for twenty pounds to the <HI>Sheriffe</HI> upon which he takes an entire Chattell, and &s;ells it for forty pounds, and returns the <HI>Fieri Farias</HI> with the twenty pounds in Court, he may detaine the &s;urplu&s;age untill the Defendant comes to demand it of him; for he is not
<PB N="184" REF="106">
obliged to &s;earch out the Defendant, but if a <HI>Fieri fac.</HI> be awarded for 40 s. by force of which the Sheriff takes five Oxen, every one at the value of five pounds, and &s;els them all, the Defendant may have an action of Tre&s;pa&s;&s;e again&s;t the Sheriff, <HI>Noy fol. 59. Woodby</HI> <NOTE PLACE="marg"><HI>Noy</HI>'s Reports, fol. 59. Sale upon a <HI>Fi. fa.</HI> &s;hall &s;tand, though judgme~t be after rever&s;d. &V;pon a Iudge|ment again&s;t an Exec. or Admi|ni&s;tra. no <HI>Cap. ad &s;at.</HI> lies, but a <HI>Fi. fa.</HI> &amp;c. But if a <HI>Deva&s;t.</HI> be returned, then a <HI>Cap. ad &s;ati&s;.</HI> or a <HI>Fi. fac. de bonis propriis,</HI> &amp;c. After <HI>Scire fa.</HI> no <HI>Elegit</HI> lies, until the tenant be warned, but a <HI>Fi. fa.</HI> doth. Goods taken up|on a <HI>Fi. fa.</HI> and no buyers found, an Order to levy the money upon the goods and lands of the Bai|liff. 5 E. 3. Ex. 101. If no goods be found, the She|riff may &s;ell a Lea&s;e for years, &amp;c. 19 E. 3. Ex 148</NOTE> again&s;t <HI>Coles, &amp;c.</HI></P>
<P>Sale by the Sheriff upon a <HI>Fieri fac:</HI> &s;hall &s;tand, albeit the judgment afterwards was rever&s;ed, and the Plain|tiff in it re&s;tored to the value, <HI>Dyer 363. 24. Coo. 8. 76. b. Mat. Mannings</HI> ca&s;e.</P>
<P>Upon a Judgement again&s;t an Executor or Admi|ni&s;trator, the Plaintiffe cannot have a <HI>Capias ad &s;atisfaciendum</HI> again&s;t the body, but a <HI>Fieri facias de bonis Te&s;tatoris;</HI> and if the Sheriffe returne a <HI>Deva&s;tavit,</HI> then a <HI>Capias ad &s;atisfaciendum</HI> again&s;t the body, or a <HI>Fieri facias de bonis propriis.</HI> And if there be two Executors and the Sheriff r&eacute;turns a <HI>Deva&s;tavit</HI> again&s;t one of them, and he dies, the other &s;hall not be charged for that <HI>Deva&s;ta|vit;</HI> for the one &s;hall not prejudice the other; but a gift by one of them is good again&s;t the other.</P>
<P>A <HI>Scire facias</HI> after the year for damages recovered in wa&s;te, and a <HI>Nihil</HI> returned, he &s;hall not have an <HI>Ele|git,</HI> untill the tenants be warned, but he may have a <HI>Fieri fac.</HI> without warning of them, 4 <HI>E. 3. 23. Execution 99. Old. N. B.</HI> 168.</P>
<P>The Sheriff returned upon a <HI>Fieri fac. mandavi balli|vo,</HI> who &s;aid that he had &s;eized to the value, but he could not finde buyers, and becau&s;e the Court cannot &s;end to the Sheriff to have the money here, as they might upon his own extent, therefore they awar|ded 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 &s;eized; the &s;ame Law is upon a &s;eizure of an ancient Sheriff, 5 <HI>E. 3. Execution</HI> 101.</P>
<P><HI>Fieri fac.</HI> for damages recovered in wa&s;te upon a Lea&s;e for years, it was returned that the Le&s;&s;ee had no goods but the remnant of the &s;ame Lea&s;e, and it was holden, that by <HI>Sicut alias,</HI> that the Sheriff might &s;ell the Lea&s;e, as well as pots and pans in the Execu|tion, for the <HI>Fieri facias</HI> is <HI>de terris &amp; catallis,</HI> of
<PB N="185" REF="106">
the Lands and Chattels, &amp;c. 19 <HI>E. 3. Execution</HI> 148.</P>
<P>A <HI>Fieri fac.</HI> to the Sheriffe to levy the expences of the Knights of the Parliament, the Sheriff may &s;ell the Bea&s;ts of one of the Hundred for the whole, or the bea&s;ts of any per&s;on he &s;hall finde within the precinct, 11 <HI>H. 4. 2. Avowry</HI> 52.</P>
<P>The Sheriffe returned upon a <HI>Fieri fac,</HI> that he had <NOTE PLACE="marg">A <HI>Scire facias</HI> i&s;&s;ued out again&s;t an old Sheriffe (after a new one elected) for mo|ney levyed by him, &amp;c. 9 <HI>E 4. 50. Scire fac.</HI> 2.</NOTE> levied the money, and that he had the &s;ame in Court, whereas he had not the money at the day, and then a new Sheriff is cho&s;en, and becau&s;e it was upon Record, that the old Sheriffe had levied the money, a <HI>Scire facias</HI> i&s;&s;ued forth again&s;t him to pay it, and if he cannot, or will not otherwi&s;e di&s;charge and pay the money, the party &s;hall have a <HI>Fieri fac.</HI> or an <HI>Elegit</HI> again&s;t the Sheriffe of his proper goods, <HI>&amp;c. 9 E. 4. 50. Scire fac.</HI> 2.</P>
<P><HI>Mich 10. Jac.</HI> Upon a motion at the bar it was <NOTE PLACE="marg">Bond taken by the Sheriff, not within the Stat. of 23 <HI>H. 6. c.</HI> 10.</NOTE> re&s;olved, that an obligation to the Sheriff upon a <HI>Fieri facias</HI> for the payment of the money in Court, was not void by the Statute of 23 <HI>H. 6. cap</HI> 10. For the fir&s;t branch of that Statute is, that he &s;hall let to bayl by Writ or Bill, <HI>&amp;c.</HI> which he could not do before, as appeares, 19 <HI>H.</HI> 6. 43. The &s;e|cond <NOTE PLACE="marg">19 H. 6. 43.</NOTE> &s;hewes the form of the bond, <HI>&amp;c.</HI> The third contains a penalty, that if the Sheriffe take an <NOTE PLACE="marg">Co. 10. 99. b. 3. in <HI>Beaufages</HI> ca&s;e.</NOTE> Obligation in any other form &amp;c. than is there pre|&s;cribed, that it &s;hall be void, &s;o that upon con&s;ide|ration of all the branches together, and upon their coherence and dependance one upon another, it plainly appears, that the &s;aid Statute doth extend only to Obligations of &s;uch as are within their guard and cu&s;tody and not otherwi&s;e.</P>
<P><NOTE PLACE="marg">Where the under Sheriff ju&s;tified the breaking of three doors, &amp;c. to do execution, &amp;c. </NOTE>Tre&s;pa&s;&s;e brought for breaking his hou&s;e, and breaking three doores, and breaking and car|rying away three locks of tho&s;e doores. The Defendant ju&s;tifies the entry into the hou&s;e by vertue of a <HI>Fieri facias</HI> awarded again&s;t the Plaintiffe directed to the Sheriffe of and he being under Sheriffe, and the other Defen|dants his Bailiffs, two of the Defendants entred
<PB N="186" REF="107">
into the hou&s;e, and the door being open, took the <NOTE PLACE="marg"><HI>Crooks</HI> &s;econd part, fol. 555. 556.</NOTE> goods, and the Plaintiff &s;hut the doors upon the Bai|liffs, and impri&s;oned them for two hours, wherefore he brake open the doors, and the locks, to re&s;cue his Bai|liffs, <HI>Quae e&s;t eadem tran&s;gre&s;sio:</HI> and it was thereupon demurred, and all the Court held, that although a Sheriff cannot break open an hou&s;e being to take Exe|cution by a <HI>Fieri fac:</HI> yet when the door is open, that he enters, and be di&s;turbed in his execution by the parties who are within the hou&s;e, he may break the hou&s;e to re&s;cue his Bailiffs, and to take execution: &s;o it was adjudged for the Defendants. And in regard this re&s;training of the Execution, and detaining of the Bailiffs was confe&s;&s;ed by the Demurrer, an Attach|ment for the good behaviour was awarded again&s;t the Plaintiffe. <HI>Crookes</HI> &s;econd part, <HI>fol:</HI> 555. and 556.</P>
<P><NOTE PLACE="marg">The Sheriff may &s;ell a Lea&s;e for years, &amp;c. with|out taking in|qui&s;ition of them </NOTE>If the Sheriff take Lea&s;es for years, or other chat|tels real upon an Execution, he may &s;eize and &s;ell them without taking Inque&s;t by a Jury of them, and the &s;ale will be good, <HI>Co</HI> 5. 90. 4. 74. And no return is required upon a <HI>Fieri facias,</HI> if Execu|tion be done, which is grounded upon four &s;trenous and &s;olid rea&s;ons, by <HI>Coo.</HI> in his 5. Report, in <HI>Hoes</HI> <NOTE PLACE="marg">Co. 5. 90. 4. 74.</NOTE> Ca&s;e.</P>
<P N="1">1. Becau&s;e the levying of the debt is lawfull and well <NOTE PLACE="marg">Four Rea&s;ons why no return is required upon a <HI>Fieri fac.</HI></NOTE> done, and the party Defendant, cannot re&s;i&s;t the She|riff to levy money.</P>
<P N="2">2. The effect of the authority the Sheriff hath, by force of the <HI>Fieri facias</HI> is executed.</P>
<P N="3">3. The great prejudice that the Defendant (who&s;e goods are &s;old by the Writ, and proce&s;&s;e of Law for the &s;atisfaction of the debt) &s;hould have, if the Sheriffs not returnig of the Writ &s;hould cau&s;e a new Execution to be &s;ued forth again&s;t him, and leave the Defendant to his action again&s;t the Sheriff.</P>
<P N="4">4. if the &s;ale of the goods by force of the Writ, &s;hall 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 incon|venient, and great delay of Executions, which are the fruit and life of every &s;uit; and where the words
<PB N="187" REF="107">
of the Writ of <HI>Fieri facias</HI> are, <HI>Ita quod habeas dena|rios,</HI> &amp;c, they are but words of command to the She|riffe to make returne, which if he do not, he &s;hall be amerced, but the Execution &s;hall &s;tand in force.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD><HI>Levari Facias</HI> what it is.</HEAD>
<P>WE come to the &s;eventh, which is a <HI>Levari facias,</HI> 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 Recogni&s;ance, <HI>&amp;c. Regi&s;ter Orig.</HI> <NOTE PLACE="marg">Regi&s;ter Origin fol. 298. <HI>b. 300. b.</HI> Plow. 441.</NOTE> <HI>fol.</HI> 298. b. 300. b. but he cannot &s;eize the Land and deliver that to the party by this Writ, <HI>Plow.</HI> 441. and this ought to be &s;ued within the year, after the day of payment to be made, by the Recogni&s;ance or after the Judgment, for after the year the Conu&s;ee or Plaintiff is now by the Statute of <HI>We&s;tm. 2. cap.</HI> 45. to have a <NOTE PLACE="marg">Stat. We&s;tm. 2. cap. 45.</NOTE> <HI>Scire facias,</HI> whereby the Sheriff is commanded, that he give knowledge to the Defendant, that he appear at a day certain in the Chancery, there to &s;hew what he can &s;ay, why he &s;hould not pay the debt or dama|ges, and if he come not at the day, or do come and can &s;ay nothing why Execution ought not to be done, <NOTE PLACE="marg">Fitz 266. <HI>c.</HI></NOTE> then the Sheriff &s;hall be commanded to do execution, <HI>Fitz.</HI> 266. c.</P>
<P>And if the Sheriffe upon this Writ returne that he <NOTE PLACE="marg">Part of the &s;um levied, a <HI>Sicut alias Levari facias</HI> may i&s;&s;ue out for the re&s;i|due. Fitz. 265. <HI>h.</HI></NOTE> hath levied part of the &s;umm, <HI>viz.</HI> &s;ixteen 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 <HI>Sicut, alias, Levari facias</HI> dire|cted to the Sheriff to levy the Re&s;idue of the &s;umm, <HI>Fitz.</HI> 265. h.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="188" REF="108">
<HEAD>Of <HI>Habere facias &s;ei&s;inam,</HI> and <HI>Habere facias po&s;&s;e&s;&s;ionem.</HI></HEAD>
<P>THere are other Writs of Execution, which are nece&s;&s;ary to be treated of, <HI>viz.</HI></P>
<LIST>
<ITEM>1. Habere facias &s;ei&s;inam, <HI>and</HI></ITEM>
<ITEM>2. Habere facias po&s;&s;e&s;&s;ionem.</ITEM>
</LIST>
<P><NOTE PLACE="marg">Co. 6. 51. F N B. 265. We&s;tm. 2. c. 18. </NOTE>Which Executions are for recovery of Land in a real action; as <HI>Cap. ad &s;at. fieri fac:</HI> and <HI>Elegit,</HI> are for Re|covery of debt or damages in a per&s;onall action, <HI>Co. 6. 51. F N B. 265. We&s;t. 2. cap.</HI> 18.</P>
<P>And fir&s;t of the <HI>Habere facias &s;ei&s;inan,</HI> which is a ju|dicial <NOTE PLACE="marg"><HI>Habere facias &s;ei&s;inam,</HI> what it is, and where it lies.</NOTE> Writ, and lieth where one hath recovered certain lands in the Kings Court, directed to the Sherif, com|manding him, to put him in actual &s;ei&s;in of that Land, which is done by delivering a bough of a tree, or by a clod of the &s;ame land in the name of &s;ei&s;in, &amp;c. and if the recovery be of a hou&s;e, then the Sherif may put him in &s;ei&s;in, by delivering unto him the ring of a door; or otherwi&s;e he may open the door, &s;aying to him, <HI>Enter into the hou&s;e, and take &s;ei&s;in thereof by ver|tue and force of the recovery. Perk. Sect. 206. 207. 208. F N. B.</HI> 220.</P>
<P>2. It is a Writ judicial, and lieth where one was evi|cted <NOTE PLACE="marg"><HI>Habere facias po&s;&s;e&s;&s;ionem,</HI> what it is, and where it lies.</NOTE> from his farm, and hath recovered it by <HI>Ejectione firmae,</HI> or <HI>quare ejecit infra terminum,</HI> it is directed to the Sheriff, to command him to put the Plaintiffe in actual po&s;&s;e&s;&s;ion, of the term again. The Sheriff in executing both the&s;e two Writs may break the hou&s;e and deliver &s;ei&s;in and po&s;&s;e&s;&s;ion thereof to the Plain|tif. But he cannot ju&s;tifie the breaking a mans hou&s;e, to execute a <HI>Cap. ad &s;atisfac.</HI> or <HI>Fieri</HI> fac. But where the Protector is a party, there the Sheriff may ju&s;tifie the breaking of the hou&s;e to execute his Proce&s;&s;e, if they cannot be executed otherwi&s;e, yet he mu&s;t fir&s;t
<PB N="189" REF="108">
reque&s;t the opening of the door, and withall &s;ignifie <NOTE PLACE="marg">F N B. 220. &amp; 221. Co. 5. 91. 1. 6. 51 Dyer 278.</NOTE> the cau&s;e of his comming, <HI>F N B. 220. 221. Co. 5. 91. 6. 51. Dyer</HI> 278.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Some &s;elect Ca&s;es which have not been yet publi&s;hed in any Treati&s;e of this na|ture, &amp;c. concerning Returnes of Writs, where valid and good, and where in&s;uffi|cient.</HEAD>
<P><NOTE PLACE="marg">Returne hath a threefold accep|tation and how. </NOTE>THis word <HI>Return</HI> hath a triple acceptation, Fir&s;t as it is applied to the ca&s;e of a <HI>Replevin,</HI> and here it is called <HI>Returno habendo.</HI> 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 i&s;&s;ued. They ought to be very diligent in making true, certain, and perfect returns, &s;ub&s;cribing their names to them, for if they make a fal&s;e returne, the party endamaged thereby may have an action of the ca&s;e again&s;t him that made &s;uch return. See <HI>Co.</HI> 5. 90. 11. 40. and 4. 67.</P>
<P>In <HI>Mich. term. 8. Jac.</HI> The words of a Return were <NOTE PLACE="marg">Return of a <HI>Ce|pi corpus</HI> for one, and a <HI>Non e&s;t inventus</HI> for others, by one that was not Sheriff. <HI>Bul&s;trods</HI> Rep. fir&s;t part fol. 70. <HI>Egerton</HI> again&s;t <HI>Morgan</HI> and o|thers.</NOTE> the&s;e, <HI>viz. By vertue of this Writ to me directed, I have taken the body of</HI> E. M. <HI>who&s;e body I have here ready in Court, at the day, &amp;c. and as for the other two, they are not to be found in my Bayliwick)</HI> And at the end of the return was &s;et down,&mdash;<HI>The an&s;wer of</HI> S. <HI>H. &amp;c.</HI> which <HI>S. H.</HI> at the time of the return, was not then officer to the Court, nor to the King, and &s;o di&s;abled to make a return, and therefore the return in&s;ufficient. The Writ was directed <HI>to the Sheriff,</HI> and &s;o ought the Return to have been by the Sherif, for none can make a returne of a Writ, but &s;uch a per&s;on, who at the time of the returne remained an Officer to the Court.
<PB N="190" REF="109">
If the old Sheriff be removed before the day of the re|turn, the new Sheriff is to make the return, and to this purpo&s;e is the book of 22 <HI>E. 4. fol.</HI> 33. and 34. in the ca&s;e of a Writ of <HI>Error,</HI> to rever&s;e a fal&s;e Judgment given before the Major and Sheriffs in the Court at <HI>Coventry,</HI> and <HI>Co. 3. fol. 72. We&s;tbyes</HI> Ca&s;e, where it is <NOTE PLACE="marg">Co. 3. 27. <HI>We&s;tbyes</HI> ca&s;e.</NOTE> re&s;olved, that after the election of a new Sheriff, and before delivery over of the Pri&s;oners to him, they do remain in the cu&s;tody 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 <HI>Cepi corpus,</HI> but in this ca&s;e the return by the new Sheriff before any de|livery over of the Pri&s;oners 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 an&s;wer unto the Kings Writ to him directed, and he doth not here return a <HI>Cepi corpus,</HI> but only an indor&s;ment in this manner, &s;etting his hand al&s;o to the return, with this Po&s;t&s;cript, <HI>viz. This Writ as it is above &s;ub&s;cribed, I the</HI> <NOTE PLACE="marg">An indor&s;ment of Writs, as was received by the new Sheriffe, from the old Sheriffe.</NOTE> <HI>now pre&s;ent Sheriff, have received from my Predece&s;&s;or the old Sheriff going out of his office,</HI> and this upon the mat|ter is no return at all. Here the new Sheriff hath made a Return, but the &s;ame is not good, being but parcel of that which he ought to have returned. For as to the other two; his return is, <HI>They are not to be found within my Bayliwick:</HI> this Return is not good, for he ought to have &s;aid, that <HI>tho&s;e two, nor either of them were to be found.</HI> And it is &s;aid that the old Sheriff put his hand to the Writ, he was at that time out of his of|fice, and &s;o he was no Officer of the Court, and &s;o it is in effect, as if he had not put his hand at all to the return, and, and &s;o the return being as no return in Law, is meerly void.</P>
<P>Upon an <HI>Elegit,</HI> the Sheriff returned that to be executed, and the extent of the Church of <HI>S. An|drews,</HI> <NOTE PLACE="marg">Surplu&s;age no hurt to the return of a writ. <HI>Winch.</HI> Repor. fol. 27.</NOTE> <HI>alias S. Edes,</HI> and it was prayed, that the Sheriff might amend it, and make it <HI>Andrews</HI> only, for that was the true name, and the Court &s;aid that the <HI>alias dictus</HI> is &s;urplu&s;age, and will not hurt the return of the Writ, <HI>Winch. Rep. fol.</HI> 27.</P>
<P><PB N="191" REF="109">
A Writ of Proclamation upon the Exigent was re|turned <NOTE PLACE="marg">A Proclamation upon Exigent returned by a Sheriff out of office, void. Re&s;cous upon a <HI>Latitat,</HI> no good return.</NOTE> by the Sherif out of office at the time, upon which the Outlawry was adjudged void, <HI>Stat. 6. H. 8. Dyer,</HI> 103.</P>
<P>To return Re&s;cous upon a <HI>Latitat</HI> is no good return, for the Sheriff might have had a <HI>Po&s;&s;e Comitatus</HI> a&s;well for the &s;erving the &s;ame Proce&s;&s;e as an Execution, 10 <HI>H. 7. 26. 33 H. 6. 1. 10 E. 4. 3. F N B. 102. Dyer</HI> 162.</P>
<P><NOTE PLACE="marg">Return by one Sheriffe where there are two, no good return. </NOTE>If a Writ be directed to a place where there are two Sheriffs, as <HI>London, York, &amp;c.</HI> and one of them doth return the Writ, it is in&s;ufficient, for though one (according to cu&s;tome) doth execute it, yet it mu&s;t be returned in both their names, 21 <HI>A&s;&s;. 20. Br. Officer</HI> 22.</P>
<P>If the Sheriff upon a <HI>Capias ad &s;atisfaciendum</HI> return|eth <NOTE PLACE="marg"><HI>Cepi corp.</HI> re|turned upon a <HI>Cap. ad &s;at.</HI> &amp; hath not the body at the day, an e|&s;cape, &amp;c. Br. Ret. 107. In all Writs of execution (ex|cept an <HI>Elegit)</HI> no return is re|quired. But an <HI>Elegit</HI> mu&s;t be returnd. Co. 4. 67. 5. 90.</NOTE> a <HI>Cepi corpus,</HI> and hath not the body at the day, &amp;c. he is chargeable for an e&s;cape. Or if upon a <HI>Fieri facias,</HI> he returneth a <HI>Fieri feci,</HI> and hath not the money at the day, &amp;c. he is chargeable with the money. <HI>Br. Ret.</HI> 107. Yet in all Writs of Execution (except an <HI>Elegit)</HI> as upon a <HI>Cap. ad &s;atisfac. Habere facias &s;ei&s;inam vel po&s;e&s;sionem, Fieri fac. Liberate, &amp;c.</HI> 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 cau&s;e of further proceeds in it: But in ca&s;e of an <HI>Elegit,</HI> becau&s;e the Extent is to be made by an Enque&s;t, and not by the Sheriff alone, that ought to be returned, otherwi&s;e it is invalid, <HI>Coo.</HI> 4. 67, and 5. 90. But where no Enque&s;t is to be taken, but onely Land to be delivered, or &s;ei&s;in had, or goods to be &s;old, which are but matters in <HI>fait,</HI> the&s;e are &s;ufficient although the Writ be not returned, <HI>Co.</HI> 4 67. a.</P>
<P><NOTE PLACE="marg">To &s;ay that the party will not pay his fees, no reurn. </NOTE>It is no good return for the Sheriff to &s;ay, that the party will not pay his fee: <HI>ergo,</HI> he did not exe|cute the Writ, 34 <HI>H. 6. Br. Ret.</HI> 10.</P>
<P><PB N="192" REF="110">
All Sheriffs and Bayliffs who have return of Writs <NOTE PLACE="marg">The Sherif mu&s;t &s;et to his returns both his name of bapti&s;m and &s;ir-name. <HI>Plo. 63. a.</HI> Imperfect re|turns corrigible.</NOTE> ought to &s;et both their names of Bapti&s;me and &s;ir-names to their returnes. <HI>Plo. 63. a.</HI> &s;o that the Court may know of whom they received &s;uch returns if ne|ce&s;&s;ity require: And this is by force of the <HI>Stat.</HI> of <HI>12E</HI> 2. <HI>Cap.</HI> 5. Yet by the <HI>Stat. 18 Eliz. cap.</HI> 13. imperfect or in&s;ufficient returns of Sherifs are corrigble.</P>
<P><NOTE PLACE="marg">For the Sheriffe to fay that his Bayliffe will make no delive|rance, no good return. </NOTE>Upon a <HI>Replevin,</HI> the Sheriffe returns, <HI>I have com|manded the Bayliff of the Liberty of,</HI> &amp;c <HI>who will make no deliverance,</HI> &amp;c. the&s;e are no good returns, for the Sheriff him&s;elfe ought to have entered the Fran|chi&s;e, and to have made deliverance of the Cattle, <HI>&amp;c. Fitz. 68. f.</HI></P>
<P><NOTE PLACE="marg">He &s;hall not be charged for in|&s;ufficient returns by Bayliffs of Liberties. </NOTE>He &s;hall be amerced for the default of his Under-&s;heriff, County Clerk, or Bayliff, 38 <HI>A&s;s. p. 13. Br.</HI> 77. 1 <HI>R. 3. c.</HI> 4. But by the <HI>Stat.</HI> of 27 <HI>H. 8. c.</HI> 24. Amercia|ments for in&s;ufficient returns of Writs, made by Bayliffs of Liberties &s;hall be impos'd upon &s;uch Bay|lifs, and not upon the Sherifs.</P>
<P><NOTE PLACE="marg">Every return mu&s;t exactly an&s;wer the writ. </NOTE>Every return ought to an&s;wer the Writ <HI>(ad punctum)</HI> and therefore where the VVrit was, <HI>That you make known to the heires of the Lands and Tenements which were of</HI> A, &amp;c. And the Sherif returned, <HI>That he made known to</HI> B. <HI>E&s;quire, &s;onne and heire of the &s;aid</HI> A, &amp;c. which was not good, and a&s;&s;igned for Errour, <HI>&amp;c.</HI> be|cau&s;e <NOTE PLACE="marg">Co. 3. 15.</NOTE> he did not return him heire of any Lands or Te|nements, as the writ required; for his writ was not to &s;ummon the heire of the &s;aid <HI>A,</HI> but the heire of the Lands and Tenements of the &s;aid <HI>A. Co.</HI> 3, 15.</P>
<P><NOTE PLACE="marg">Sometimes the omi&s;sion 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. </NOTE>U&s;ually the omi&s;&s;ion of words make the return in|valid, as where the returne was, <HI>The re&s;idue of this Writ appeares in a certaine &s;chedule,</HI> &amp;c. For, <HI>the re&s;idue of the Execution of this Writ;</HI> this is in&s;ufficient and vitious, 19 <HI>H. 6. Fitz. Ret.</HI> 14. For by 3 H. 7. 11. a. <HI>Brook Ret.</HI> 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 <HI>Scire facias</HI> to <HI>L. B.</HI> Ma&s;ter of the Free Grammer-&s;chool of <HI>Skipton,</HI> &amp;c. and to the Scholars of the &s;ame, <HI>&amp;c.</HI> he returned, <HI>That he made knowne to the Ma&s;ter,</HI> &amp;c. And did not &s;ay, <HI>that he made known to L. B.</HI> Ma&s;ter, &amp;c. And likewi&s;e he omitted Scho|lars,
<PB N="193" REF="110">
which return was in&s;ufficient and void. See <HI>Coo.</HI> 8. 127. 128.</P>
<P><NOTE PLACE="marg">Returne of re|&s;cous invalid, becau&s;e he did not &s;hew at what place it was done B. ret. 97. </NOTE>10. <HI>E.</HI> 4. 15. The Sherif upon a <HI>Capias</HI> returned, that he arre&s;ted the Defendant at <HI>S.</HI> and would have carried him to the Goal, and that <HI>A. B.</HI> re&s;cued him which return was holden invalid, becau&s;e he did not &s;hew at what place <HI>A B.</HI> made the re&s;cue, for it &s;hall not be intended the place where the arre&s;t was, <HI>ret.</HI> 97.</P>
<P><NOTE PLACE="marg">No good returne where the She|rifs name is wan|ting, 9 E. 4 19. Br. 54. 11 H. 7. 10. a. b. Note that the word <HI>exacteth,</HI> amounts to as much as <HI>the within named.</HI></NOTE>By the opinion of <HI>Iennie, 3 E.</HI> 4. If a Writ be returned, thus <HI>The an&s;wer of the Sheriff of C.</HI> and &s;heweth not the Sherifs name, it is no good return, 9 <HI>E. 4. 19. Br.</HI> 54 and by the 11 <HI>H. 7. 10. a. b.</HI> the name of the County ought to be entred in the margent or over the head of the return.</P>
<P>In a <HI>Scire facias,</HI> the Sherif returneth, <HI>I have made known to A. B. in manner and form as this Writ exacteth and requires,</HI> and &s;aid not, <HI>To the within named</HI> A. B. <HI>&amp;c.</HI> and yet this was holden <HI>(per curiam)</HI> to be good: for note the&s;e words, <HI>as this writ exacteth, &amp;c.</HI> doth amount to <HI>the within named,</HI> or <HI>the within mentioned,</HI> or <HI>written:</HI> See 2 <HI>H.</HI> 4. 13. and 3 <HI>H. 4. 9. Br. 28. Fitz.</HI> 44.</P>
<P><NOTE PLACE="marg">The Sherif a|merced 20 l. be|becau&s;e he did not take <HI>po&s;&s;e comitatus</HI> to execute a <HI>Hab. &s;ac.</HI> &s;ei&s;in, &amp;c. 8 E, 3. 12. Hil. 19 E. 2. E|xecution 147.</NOTE><HI>Habere facias &s;ei&s;inam,</HI> Upon a grant and render, at the <HI>Plures</HI> the Sheriff did returne <HI>mandavi ballivo,</HI> who did nothing, becau&s;e the parties to the Fine had nothing, and the Writ of covenant was not &s;ued in the Liberty, nor came to him to be executed, upon which a <HI>non omittas</HI> was awarded, 8 <HI>E.</HI> 3. 12. upon the like writ, the Sherif returned, that he could do no|thing by rea&s;on of the re&s;i&s;tance of <HI>A B.</HI> &amp; others, and he was amerced twenty marks, becau&s;e he did not take <HI>po&s;&s;e comitatus,</HI> and an <HI>alias</HI> awarded, and al&s;o a Writ to attach <HI>A. B.</HI> who was taken, and pleaded not guilty, and prayed a Writ again&s;t the Sheriffe to an&s;wer his fal&s;e return, <HI>Hil. 19 E. 2. Execution</HI> 147.</P>
<P>Wa&s;te was a&s;&s;igned in <HI>W.</HI> the returne mu&s;t not be, <NOTE PLACE="marg">What return up|on <HI>Wa&s;te</HI> good, and what is not.</NOTE> <HI>That he came unto W.</HI> but, <HI>that he came to the place wa&s;ted, 27 H. 8. Br</HI> 2.</P>
<P><NOTE PLACE="marg">Return of a <HI>pre|cept</HI> for <HI>writ,</HI> not good.</NOTE>The Sherif returned, That, <HI>by vertue of a Precept, &amp;c. he took the body of A. B.</HI> &amp;c. and exception was taken becau&s;e the return was not, <HI>by vertue of a Writ, &amp;c.</HI> yet it
<PB N="194" REF="111">
was holden to be a &s;ufficient return, for the Sherif may take one in <HI>We&s;tmin&s;ter Hall</HI> by the mandate of the Ju|&s;tices without any Writ.</P>
<P><NOTE PLACE="marg">No good return, <HI>Fitz.</HI> 19.</NOTE>The Sherif returned, <HI>I have not found the party, &amp;c.</HI> for, <HI>he is not to be found;</HI> and the party thereupon outlawed, a&s;&s;igned this for Error, and not to be amen|ded, <HI>Fitz</HI> 19.</P>
<P><NOTE PLACE="marg">A return by the Sheriff in the 3. per&s;on, no good return. Fal&s;e impri&s;on. lies again&s;t the Sheriff for not returning a <HI>Ca|pias</HI> in proce&s;&s;e, &amp;c. But otherwi&s;e in a <HI>Cap. ad &s;at.</HI> &amp;c.</NOTE>The Sheriff returned, that <HI>he hath commanded the Bayliff of Slaincliff,</HI> in the third per&s;on, for, <HI>I have com|manded the Bailiff, &amp;c.</HI> in the fir&s;t per&s;on, and was a|merced for it, 21. <HI>A&s;&s;.</HI> 17.</P>
<P><NOTE PLACE="marg">Co. 5. 90. </NOTE>If a Sherif do not return a <HI>Capias</HI> in Proce&s;&s;e, the arre&s;t is tortious, and an action of fal&s;e impri&s;onment lieth again&s;t him, by him that was arre&s;ted; and like|wi&s;e the Plaintif &s;hall have an action again&s;t him, <HI>Littleton, 18. E. 4. 9. Br. Tre&s;pa&s;s 339. Br. fal&s;e impri&s;on|ment, 5. 7. &amp;</HI> 12. But if a <HI>Capias ad &s;atisfaciendum</HI> be not returned, it is &s;ufficient, if the execution be duly executed, and the Plaintif &s;atisfied, 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, &amp;c. and to the Defendant in an action of tre&s;pa&s;s, <HI>Co.</HI> 5. 90. And the Plaintif may have his Execution renewed again&s;t the Defendant and the Defendant is left to his action again&s;t the Sherif.</P>
<P><NOTE PLACE="marg">Where one hath a liberty to return writs, the She|riff cannot enter, to make Execut. of any proce&s;&s;e. In a <HI>Scire &s;ac.</HI> &amp;c. the Sherif mu&s;t returne the names of the Su~moners, &amp;c.</NOTE>Where a man hath liberty to return Writs, (as in the Honour of <HI>Pontefract</HI> in <HI>York&s;hire, &amp;c.)</HI> and to execute them, <HI>&amp;c.</HI> if there the Sherif or his Officer, &s;hall enter the Liberty, and execute any proce&s;&s;e there, the Lord of the Liberty, &s;hall have an action of the ca&s;e again&s;t him, <HI>Fitz. 95. b.</HI></P>
<P>In a <HI>Scire facias</HI> to execute a Judgment or <HI>Fine,</HI> the Sherif mu&s;t return the names of the Summoners, 3 <HI>H. 7. 8. Br. Ret.</HI> 86.</P>
<P>Upon the return of a Jury, he is to return i&s;&s;ues upon every per&s;on impannelled, and returned by him, <HI>ibidem.</HI></P>
<P><NOTE PLACE="marg">The Sherif may take <HI>Po&s;&s;e co|mit.</HI> upon a Re|plevin.</NOTE>Upon a Replevin the Sherif returned, that the cat|tel were in &s;uch a &s;trong place, that he could not make deliverance, for which return he was amerced, becau&s;e he might have taken <HI>Po&s;&s;e comitatus,</HI> and &s;o made deli|verance,
<PB N="195" REF="111">
<HI>Br.</HI> 119. or if he &s;hould return a re&s;i&s;tance, the like, 13. <HI>E. 3. c.</HI> 39.</P>
<P><NOTE PLACE="marg">A <HI>Scire &s;acias</HI> again&s;t a husba~d and his wife, to &s;ay they are di|vorced; no good return. A <HI>Fi. fa.</HI> again&s;t Execut. no good return, to &s;ay the goods were &s;old, before the writ purcha&s;ed. <HI>Nulla bona</HI> re|turned upon a <HI>Fieri fa.</HI> again&s;t Executors. An enquiry of wa&s;te, and found that divers goods were wa&s;ted, up|on which a <HI>&s;cire &s;acias</HI> awarded, and upon 3 <HI>Ni|hil</HI> returned E|xecution awar|ded.</NOTE>In a <HI>Scire facias</HI> again&s;t the Husband and Wife, the Sherif returneth that they are divorced, and there|fore amercied; for Per&s;ons that are divorced may have garni&s;hment, <HI>quaere &amp; vide, 1 H. 6. 2. Br.</HI> 63.</P>
<P>Upon a <HI>Fieri fac.</HI> again&s;t Executors, the Sheriff re|turneth that they had &s;old the goods of the party de|cea&s;ed, before the Writ purcha&s;ed, &amp;c. for which he was amerced, for he &s;hould have taken other goods of the Executors, to the value thereof, &amp;c. 14 <HI>H. 4. 12. Br.</HI> 41.</P>
<P>Upon a <HI>Fieri fac.</HI> again&s;t Executors, the Sheriff re|turned <HI>nulla bona,</HI> &amp;c. and upon this return an entry was made in the Roll, becau&s;e that <HI>te&s;tatum e&s;t,</HI> that the Executors had &s;old divers goods of the Te&s;tator, and converted the money to their own u&s;e, a Writ was awarded to the Sherif, to enquire by the oaths of good men of his Bailiwick what goods (which were the Te&s;tators the day of his death) were wa&s;ted by the Executors, by force of which Writ, the Sherif had an Inqui&s;ition, by which it was found, that di|vers goods of the Te&s;tator, to the value of the debt recovered, were wa&s;ted by the Executors; And this was returned in Court, upon which the Plain|tif &s;ued a <HI>Scire facias,</HI> again&s;t the Defendant to &s;hew cau&s;e wherefore execution &s;hould not be a|warded again&s;t the defendant of his own proper goods, And upon two <HI>Nihils</HI> the Court awarded Execution, <HI>Co.</HI> 5. 32.</P>
<P><NOTE PLACE="marg">Outlawry retur|ned in <HI>London,</HI> where not good.</NOTE>An Outlawry returned in <HI>London</HI> in the&s;e words; <HI>At the Hu&s;tings holden in Guild Hall in the City of</HI> Lon|don (&s;uch a day) <HI>A. B. exacted was and appeared not</HI> this is no good return: becau&s;e there are two <HI>Hu&s;tings</HI> in <HI>London,</HI> the one of Common Pleas, the other is of Pleas of Land, and therefore in &s;uch ca&s;e, the re|turn mu&s;t be, <HI>at the Hu&s;tings of the Common Pleas, &amp;c.</HI> otherwi&s;e it is invalid, for that the &s;ame may have dou|ble intendment.</P>
<P><PB N="196" REF="112">
An <HI>Exigent</HI> was returned, <HI>At my County held at</HI> <NOTE PLACE="marg">The County o|mitted in the return of an Ex|igent erroneous</NOTE> <HI>the Ca&s;tle of</HI> Y. <HI>the fir&s;t time exacted was,</HI> &amp;c. And be|cau&s;e the County was not &s;et downe, it was holden erroneous.</P>
<P><NOTE PLACE="marg">Vpon Exigent returned, that the party hath rendered him&s;elfe, and not &s;o, not good. </NOTE>If the Sheriffe returne that the party hath rendered him&s;elfe upon the <HI>Exigent,</HI> and hath not the body, he &s;hall be amerced.</P>
<P><NOTE PLACE="marg">Cepi corp. <HI>up|on a</HI> Capias ad &s;atisfac. <HI>and not &s;o, erroneous.</HI></NOTE>If the Sheriffe return a <HI>Cepi Corpus</HI> upon a <HI>Capias ad &s;atisfaciendum,</HI> and hath not the body, he &s;hall not on|ly be amerced, but the Plaintiff may have his Action again&s;t the Sheriff for an e&s;cape, for &s;o is he conclu|ded by his return. <HI>Br. ret.</HI> 107.</P>
<P><NOTE PLACE="marg">Proce&s;s again&s;t the husband and wife, and the wife appeares not at the day, not good. </NOTE>If upon proce&s;&s;e again&s;t 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 She|rif &s;hall be amerced.</P>
<P><NOTE PLACE="marg">&V;pon an enqui|ry of damages, return of dama|ges, no hurt to the &s;heriffe, and why? <HI>&amp;c.</HI></NOTE>Upon a Writ to enquire of Damages, the Sherif re|turneth that the Enque&s;t or Jury, gave or found no damages, the Sherif &s;hall not be amerced for this de|fault of the Jury; for the Sherif is but amerced where he returneth the Writ fal&s;ely or in&s;ufficiently of him|&s;elfe, whereas here he returned it, as the Jury had pre|&s;ented it, 44 <HI>E. 3. 3. Br.</HI> 20.</P>
<P>If the Sherif in a writ of Account or Debt, &s;hall <NOTE PLACE="marg">&V;pon account or debt, where the &s;heriffe returns <HI>no lands</HI> found, <HI>&amp;c.</HI> and he had lands, <HI>&amp;c.</HI> not good.</NOTE> returne upon one, that <HI>he is not found, nor hath lands,</HI> &amp;c. <HI>by which he may be di&s;trained,</HI> &amp;c. whereupon a <HI>Capias</HI> is awarded again&s;t him, and he thereupon ta|ken, whereas he had &s;ufficient lands, or goods and chattels, then the party may have his action upon the Ca&s;e again&s;t the Sherif (directed to the Coroners) for &s;uch fal&s;e return.</P>
<P>It is not good to returne upon a Replevin, that <NOTE PLACE="marg">To &s;ay upon a <HI>Repleyin</HI> that there is no goods, <HI>&amp;c.</HI> not good. The like in <HI>De|tinue,</HI> &amp;c. Or upon <HI>Hab. fac. &s;ei&s;inam.</HI></NOTE> there is no &s;uch goods or chattels, 5 <HI>H.</HI> 7. 27. Or in a writ to deliver goods upon a <HI>Detinue,</HI> it is in&s;uffici|ent to &s;ay, that there are no &s;uch goods. Or upon a <HI>Habere fac. &s;ei&s;in.</HI> that there is no &s;uch lands. <HI>Ibid.</HI></P>
<P><PB N="197" REF="112">
If the Sheriffe returne upon any per&s;on, <HI>I have</HI> <NOTE PLACE="marg">If the &s;heriff re|turn <HI>Cepi corp.</HI> he &s;hall be char|geable with the body at the day of the return.</NOTE> <HI>taken the body of,</HI> &amp;c. or <HI>he hath rendered him|&s;elfe,</HI> &amp;c. the Sheriffe &s;hall be charged to have the bodies of the &s;aid per&s;ons at the dayes of the Returns, or the Writs of Precepts, <HI>&amp;c. 23 H. 6. Cap.</HI> 10. And &s;o was the pri&s;tine Common Law of this Nation.</P>
<P><NOTE PLACE="marg">Note. </NOTE>Note that all proce&s;&s;e again&s;t any per&s;on, directed to the Sheriffe, ought to be duely and truly executed fifteen dayes before the return of the Writ, <HI>Br. attach.</HI> <NOTE PLACE="marg">Br. attach. 156.</NOTE> 15. 6. and returned into &s;uch Courts, out of which &s;uch proce&s;&s;e &s;hall be awarded</P>
<P>I &s;hall not trouble you with many formes of Re|turnes, being already amply performed by Ma&s;ter <HI>Kitching</HI> in his Juri&s;diction of Courts, onely take the&s;e few &s;elect ones which follow.</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="return">
<P><NOTE PLACE="marg">The return of a <HI>Non e&s;t inven|tus.</HI></NOTE>THe within named <HI>A. B.</HI> is not found in my Bayliwick.</P>
<CLOSER><SIGNED><HI>R. S.</HI> <ABBR>E&s;q</ABBR> &s;heriff.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="return">
<P><NOTE PLACE="marg">The returne of a <HI>Cepi corpus</HI> in the Common Pl.</NOTE>By vertue of this Writ I have taken the body of the within named <HI>A. B.</HI> who&s;e body before the Ju&s;tices within mentioned, at theday and place within contained, I have ready as within it is com|manded.</P>
<CLOSER><SIGNED><HI>R. S.</HI> <ABBR>E&s;q</ABBR> &s;heriff.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="return">
<P><NOTE PLACE="marg">The returne of a <HI>Cepi corpus</HI> in the upper Bench.</NOTE>By vertue of this Writ I have taken the body of the within named, who&s;e body before his Highne&s;&s;e at the day and place within contained I haye ready, <HI>&amp;c.</HI> as within it is commanded.</P>
<CLOSER><SIGNED>R. <HI>S.</HI> <ABBR>E&s;q</ABBR> &s;herriff.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="return">
<P><NOTE PLACE="marg"><HI>The return of a</HI> Cepi corp. <HI>and</HI> non e&s;t invent.</NOTE>By vertue of this Writ I have taken the body of the within named <HI>A. B.</HI> who&s;e body before the Ju&s;tices within mentioned, at the day and place within mentioned, I have ready as within it is com|manded.
<PB N="198" REF="113">
And I further certifie the &s;ame Ju&s;tices that the other Defendants are not found in my Bayliwick.</P>
<CLOSER><SIGNED><HI>R. S.</HI> <ABBR>E&s;q</ABBR> Sheriff.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="return">
<P><NOTE PLACE="marg"><HI>The return of a</HI> Cep. Corp. &amp; languidus in pri&s;ona.</NOTE>By vertue of this Writ I have taken the body of the within named <HI>A. B.</HI> who&s;e body remaineth &s;o &s;icke, weake and infirme in pri&s;on under my cu&s;tody, that for fear of the death of the &s;ame <HI>A. B.</HI> his body before the Ju&s;tices within mentioned, at the day and place within contained I cannot have, as by this Writ it is commanded.</P>
<CLOSER><SIGNED><HI>R. S.</HI> <ABBR>E&s;q</ABBR> Sheriff.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="return">
<P><NOTE PLACE="marg">The returne of a <HI>mandavi Balli|vo libertatis,</HI> where the Bai|lif maketh no return of the &s;he|riffs warrant, or where he makes an in&s;ufficient returne.</NOTE>For the execution of this Writ to me directed to be done, I have commanded the Baylif of the liberties of the hundred of <HI>B.</HI> in my County of <HI>Suff.</HI> who hath full execution of all VVrits, Warrants, Mandats, and Precepts executable within the &s;aid Libertie and re|torne thereof; within which Liberty the execution of this VVrit wholly re&s;teth to be done; which Bailif (to wit) <HI>I. W.</HI> Knight (if there be no retorne of the Sherifs warrant, or an in&s;ufficient retorne made, then thus <HI>&s;cil.)</HI> hath given me no an&s;wer.</P>
<P><NOTE PLACE="marg">And al&s;o where he returneth to the &s;heriffe he hath taken the body &amp; the like, in ca&s;e the Bay|liff returneth a <HI>languidus in pri&s;ona,</HI> or as he &s;hall certifie the &s;heriffe by his retorne.</NOTE>But if the Bailif of the Liberty retorne that he hath taken the body of <HI>C. D.</HI> then thus <HI>(&s;cil.)</HI> an&s;wereth me that he hath taken the body of the within named <HI>C. D.</HI> who&s;e body before the Ju&s;tices within mention|ed, at the day and place within contained he hath ready, as by this writ it is commanded.</P>
<CLOSER><SIGNED><HI>R. S.</HI> <ABBR>E&s;q</ABBR> Sherif.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="return">
<P><NOTE PLACE="marg">The return of a <HI>Scire fac.</HI> where a <HI>Scire fac.</HI> is returned.</NOTE>By vertue of this VVrit to me directed by <HI>T. G.</HI> and <HI>J. H.</HI> hone&s;t and lawfull men of my Bailiwick, I have given notice to the within named <HI>A. B.</HI> that he be be|fore the Ju&s;tices within mentioned, at the day and place within contained to &s;hew, <HI>&amp;c.</HI> as within it is commanded.</P>
<CLOSER><SIGNED><HI>R. S.</HI> <ABBR>E&s;q</ABBR> Sherif.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="return">
<P><NOTE PLACE="marg">The return of a <HI>Nihil</HI> to a <HI>&s;c. fa.</HI></NOTE>The within named <HI>A. B.</HI> hath nothing in my Bai|liwick 
<PB N="199" REF="113">
by which I may give him notice, neither is he found in the &s;ame.</P>
<CLOSER><SIGNED><HI>R. S.</HI> <ABBR>E&s;q</ABBR> Sheriff.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="return">
<P><NOTE PLACE="marg">Return <HI>Scir. fa.</HI> for one, and <HI>Ni|hil</HI> for the other.</NOTE>By vertue of this VVrit to me directed by <HI>T. G.</HI> and <HI>I. H.</HI> hone&s;t and lawfull men of my Bayliwick I have given notice to the within named <HI>A. B.</HI> that he be be|fore the Ju&s;tices within mentioned, at the day and place within contained, to &s;hew, &amp;c. As within it is commanded: And I further certifie the &s;ame Ju&s;tices that the other Defendant hath nothing in my Bayli|wick by which I may give him notice, neither is he found in the &s;ame.</P>
<CLOSER><SIGNED><HI>R. S.</HI> <ABBR>E&s;q</ABBR> Sherif.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="return">
<P><NOTE PLACE="marg">The return of and Attachm<GAP DESC="illegible" RESP="apex" EXTENT="2 letters">t and Proclam. in Chancery. </NOTE>The within named <HI>A. B.</HI> is not found in my Bay|liwick; And in all places within my Bayliwick; as well within Liberties as without, I have made pub|lique proclamation that the above named <HI>A. B.</HI> per|&s;onally appeare before his Highne&s;s in the high Court of Chancery at the day and place within contained, to an&s;wer his Highne&s;&s;e touching a contempt, and further to do and receive what the &s;aid Court &s;hall thinke fit in this behalfe, as by this Writ I am com|manded.</P>
<CLOSER><SIGNED><HI>R. S.</HI> <ABBR>E&s;q</ABBR> Sheriff.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="return">
<P><NOTE PLACE="marg">A <HI>Nihil</HI> r. of a <HI>Ven. fac.</HI> upon an Indictment, pre&s;entment, or information. A &s;ummons re|turnd of the like.</NOTE>The within named <HI>A. B.</HI> hath nothing in my Bayli|wick by which he may be attached.</P>
<CLOSER><SIGNED><HI>R. S.</HI> <ABBR>E&s;q</ABBR> Sheriff.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="return">
<P>The within named <HI>A. B.</HI> is attached by pledges. <HI>Iohn Doo.</HI> and <HI>Rich. Roo.</HI></P>
<CLOSER><SIGNED><HI>R. S.</HI> <ABBR>E&s;q</ABBR> Sheriff.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="return">
<P><NOTE PLACE="marg">The return of a <HI>di&s;trng. nup. vic.</HI> or <HI>Balliv.</HI></NOTE>The Manucaptorie of the within named <HI>A. B.</HI> 
<LIST>
<ITEM>Iohn Doo. <HI>&amp;</HI></ITEM>
<ITEM>Rioh: Roo.</ITEM>
</LIST></P>
<CLOSER>I&s;&s;ues&mdash;10 <HI>s.</HI>
<SIGNED><HI>R. S.</HI> <ABBR>E&s;q</ABBR> Sheriff.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="writ">
<DIV2 TYPE="body of writ">
<P><PB N="200" REF="114">
<NOTE PLACE="marg">The return of a <HI>Ven. fac. jur.</HI></NOTE>The execution of this Writ appeareth in a certaine pannel to this VVrit annexed,</P>
<CLOSER><SIGNED><HI>R. S.</HI> <ABBR>E&s;q</ABBR> Sherif.</SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="appendix">
<P><NOTE PLACE="marg">The pannell. </NOTE>The names of the Jurors between <HI>A. B.</HI> Plaintif, and <HI>C. D.</HI> Defendant, of a plea of Tre&s;pa&s;&s;e. </P>
<LIST>
<ITEM><HI>E. F.</HI> of <HI>G.</HI> Gent.</ITEM>
<ITEM><HI>H. I.</HI> of the &s;ame.</ITEM>
<ITEM><HI>K. L.</HI> of <HI>M.</HI></ITEM>
<ITEM>And &s;o to the number of 24.
<LIST>
<ITEM>Every of the &s;aid Jurors is &s;everally attached by pledges
<LIST>
<ITEM><HI>Io: Doo.</HI> &amp;</ITEM>
<ITEM><HI>Ric. Roo.</HI></ITEM>
</LIST></ITEM>
</LIST></ITEM>
</LIST>
<CLOSER><SIGNED><HI>R. S.</HI> <ABBR>E&s;q</ABBR> Sherif.</SIGNED></CLOSER>
</DIV2>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="writ">
<DIV2 TYPE="body of writ">
<P><NOTE PLACE="marg">The return of a <HI>di&s;tringas</HI> or a <HI>Hab. cor. jur.</HI></NOTE>The execution of this writ appeareth in a certaine pannel to this writ annexed. </P>
<CLOSER><SIGNED><HI>R. S.</HI> <ABBR>E&s;q</ABBR> Sherif.</SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="appendix">
<P>The names of the Jurors between <HI>A B.</HI> Plaintif, and <HI>C D.</HI> Defendant of a plea of Tre&s;pa&s;&s;e.</P>
<LIST>
<ITEM><HI>E: F:</HI> of <HI>G</HI> Gent:</ITEM>
<ITEM><HI>H: I:</HI> of the &s;ame.</ITEM>
<ITEM><HI>K. L:</HI> of <HI>M:</HI></ITEM>
<ITEM>And &s;o to the number mentioned in the writ.
<LIST>
<ITEM>Every of the &s;aid Jurors is &s;everally attached by pledges
<LIST>
<ITEM><HI>Iohn Doo. &amp;</HI></ITEM>
<ITEM><HI>Rich: Roo.</HI></ITEM>
</LIST></ITEM>
</LIST></ITEM>
</LIST>
<CLOSER>I&s;&s;ues of every of them 10 <HI>s.</HI>
<SIGNED><HI>R. S.</HI> <ABBR>E&s;q</ABBR> Sherif.</SIGNED></CLOSER>
</DIV2>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="writ">
<P><NOTE PLACE="marg">They of an Ex|igent where one bringeth a <HI>&s;up:</HI> one rendereth him&s;elfe, the o|ther appeareth not.</NOTE>At my County of <HI>N.</HI> held at <HI>L.</HI> in the &s;aid County of <HI>N.</HI> the 8th day of <HI>Ian:</HI> in the year of our Lord, 1658. the within named <HI>A: B: C: D:</HI> and <HI>E: F:</HI> were the fir&s;t time called and did not appear. And at my County Court there held the fir&s;t day of <HI>Feb:</HI> in the &s;ame yeare 1658. they were the &s;econd time called, and appeared not: And at my county Court there held the fir&s;t day of <HI>March</HI> in the fore&s;aid year 1658. they were the third time called, &amp; appeared not: And at my county Court there held the 2d day of <HI>April,</HI> in the year of our Lord
<PB N="201" REF="114">
1659. they were the fourth time called and appeared not: And at my County Court there held the fir&s;t day of <HI>May</HI> in the year 1659. above&s;aid, they were the fith time called, and the above named <HI>A. B.</HI> brought me his Highne&s;&s;e VVrit of <HI>Super&s;edeas,</HI> which I have to this writ annexed, therefore again&s;t him the &s;aid <HI>A. B.</HI> I could no further proceed. And the above named <HI>C. D.</HI> rendred him&s;elf into my cu&s;tody, who&s;e body before the Ju&s;tices within mentioned at the day and place within contained I have ready, as within it is commanded: And the above named <HI>E F.</HI> did not appeare; therefore by the judgement of <HI>J K.</HI> &amp; <HI>L M.</HI> Gent. Coroners of the County afore&s;aid, the afore&s;aid <HI>E E.</HI> is outlawed.</P>
<CLOSER><SIGNED><HI>R. S.</HI> <ABBR>E&s;q</ABBR> Sherif.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="return">
<P><NOTE PLACE="marg">The returne of a Proclamation. </NOTE>At my County Court of <HI>N.</HI> held at <HI>L.</HI> in the Coun|ty of <HI>N.</HI> the 1. day of <HI>Feb.</HI> in the year of our Lord 1658 And at the general Se&s;&s;ions of the publique peace held at, <HI>G.</HI> the 20 day of <HI>Apr.</HI> in the afore&s;aid year the 2 day of <HI>April,</HI> in the yeare of our Lord 1659. And at the mo&s;t u&s;uall door of the Pari&s;h Church of <HI>c.</HI> within written, on Sunday the 10 of <HI>April,</HI> 1659. above&s;aid, I made publique proclamation, as within it is com|manded.</P>
<CLOSER><SIGNED><HI>R. S.</HI> <ABBR>E&s;q</ABBR> Sherif.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="return">
<P><NOTE PLACE="marg">The return of an <HI>Allocat.</HI></NOTE>There being four County Courts allowed, at which the within named <HI>A B. C D.</HI> &amp; <HI>E F.</HI> were foure times called, &amp; appeared now. Now at my County Court of <HI>N.</HI> held at <HI>L.</HI> in the &s;aid County of <HI>N.</HI> the above na|med <HI>A B. C D.</HI> &amp; <HI>E F.</HI> were the fir&s;t time called, and appeared not; therefore by the judgement of <HI>I: K:</HI> and <HI>L: M:</HI> Gent. Coronors of the County, they are, and e|very of them is outlawed.</P>
<CLOSER><SIGNED><HI>R. S.</HI> <ABBR>E&s;q</ABBR> Sherif.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="return">
<P><NOTE PLACE="marg">Returne of a Tarde. </NOTE>This Writ was &s;o lately delivered me, that by rea&s;on of the &s;hortne&s;s of time I could not do due execution thereof according to the Exigence of the &s;ame.</P>
<CLOSER><SIGNED><HI>R. S.</HI> <ABBR>E&s;q</ABBR> Sherif.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="return">
<P><PB N="202" REF="115">
The within named <HI>A. B.</HI> was taken by <HI>R. C.</HI> Knight <NOTE PLACE="marg">The Return of a <HI>Hab. cor.</HI> where the def. was ta|ken by a former Sherif. The return of a <HI>pone.</HI></NOTE> and Baronet, late Sheriff of my County of <HI>N.</HI> and not by me now Sheriff of the &s;ame County.</P>
<CLOSER><SIGNED><HI>R. S.</HI> E&s;quire, Sherif.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="writ">
<DIV2 TYPE="body of writ">
<P>By vertue of this writ to me directed, I have before the Ju&s;tices within mentioned at the day and place within contained the Plaint which is in my County Court by his Highne&s;&s;e Writ between the within named parties, under the &s;eals of <HI>A B. C D. E F.</HI> and <HI>G H.</HI> four lawfull men of my &s;aid County pre&s;ent at that Record, as ap|peareth in a certain Scedule to this Writ annexed; And have given notice to the within named <HI>I. K.</HI> that he may be then there ready to pro&s;ecute his plaint thereof again&s;t the within named <HI>T. W.</HI> And al&s;o I have there the other Writ to this Writ and Scedule annexed.</P>
<CLOSER><SIGNED><HI>I. G.</HI> E&s;quire, Sherif.</SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="schedule">
<P><NOTE PLACE="marg">The Schedule. </NOTE><HI>S. &s;s.</HI> At my County Court held at <HI>I.</HI> in my &s;aid County the 11. day of in the year of our Lord, 1657.</P>
<P><HI>&s;s. I. K.</HI> complaineth again&s;t <HI>T. W.</HI> of a plea of Debt.</P>
<CLOSER><SIGNED><HI>I. G.</HI> E&s;quire, Sheriff.</SIGNED></CLOSER>
</DIV2>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="return">
<P><NOTE PLACE="marg">Return of a <HI>Sci. &s;a.</HI> for the relea&s; of pri&s;oners.</NOTE>By vertue of this Writ by <HI>C D.</HI> and <HI>F G.</HI> hone&s;t and lawfull men of my Bailiwick, I have given notice to the within named <HI>L S. I. L.</HI> &amp;c. that they be before his Highne&s;&s;e at the day and place within contained to &s;hew, &amp;c. Why the within named <HI>R R.</HI> &s;hould not be inlarged out of pri&s;on according to the act; &amp;c. As within it was commanded. <HI>I. G.</HI> E&s;quire, Sherif.</P>
<P><NOTE PLACE="marg">Return of <HI>Nihil</HI> to a <HI>Scir. fac.</HI> a|gain&s;t the heir and ter-tenants.</NOTE> The within named <HI>G. S.</HI> hath nothing in my Baili|wick, whereby I can give him notice, neither is he found in the &s;ame, neither are there any tenants or te|nant of any Lands or Tenements which were of the within named <HI>W.</HI> 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.</P>
<CLOSER><SIGNED><HI>I. G.</HI> E&s;quire, Sherif.</SIGNED>
<POSTSCRIPT>
<LIST>
<LABEL>Pledges of proce&s;s, <NOTE PLACE="marg">The return of a &s;ummons in Dower.</NOTE></LABEL>
<ITEM><LIST>
<ITEM>Jo. Doo, <HI>and</HI></ITEM>
<ITEM>Ric: Roo.</ITEM>
</LIST></ITEM>
</LIST>
<LIST>
<LABEL>Sum of the within named <HI>A. B.</HI></LABEL>
<ITEM><LIST>
<ITEM>Anth. Sharp, <HI>and</HI></ITEM>
<ITEM>Rich. Sharp.</ITEM>
</LIST></ITEM>
</LIST>
</POSTSCRIPT></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="proclamation">
<P><PB N="203" REF="115">
And at the mo&s;t u&s;ual Church-door of the Pari&s;h of <HI>D.</HI> where the within named <HI>A. B.</HI> inhabiteth, upon the Lords day, (to wit) the 4. day of <HI>Iu.</HI> in the year within written, immediatly after divine &s;ervice in the &s;ame Church ended, I made publick Proclamation ac|cording to the form of the Statute, &amp;c.</P>
<CLOSER><SIGNED><HI>R. S.</HI> <ABBR>E&s;q</ABBR> Sherif.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="writ">
<DIV2 TYPE="body of writ">
<P>By vertue of this Writ to me directed the 26. day of <NOTE PLACE="marg">The return of a <HI>Cap. in manus</HI> grand <HI>Cape</HI> in Dower.</NOTE> <HI>A.</HI> in the year within written, I have taken into the hands of his Highne&s;s the Lord Protector by the view of <HI>H. R.</HI> and <HI>T. R.</HI> hone&s;t and lawfull men of my Bailiwick, the third part of the Me&s;&s;uage, Lands and Tenements within mentioned, with the appurtenances As within it is commanded.</P>
<CLOSER><SIGNED><LIST>
<LABEL>The &s;ummoners of the within named <HI>A. B.</HI></LABEL>
<ITEM><LIST>
<ITEM>Jo. Den. <HI>and</HI></ITEM>
<ITEM>Ric. Fen.</ITEM>
</LIST></ITEM>
</LIST></SIGNED>
<SIGNED><HI>R. S.</HI> E&s;quire, Sherif.</SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="pledges">
<LIST>
<LABEL>Pledges of Proce&s;&s;e</LABEL>
<ITEM><LIST>
<ITEM>Jo. Doo. <HI>and</HI></ITEM>
<ITEM>Rich, Roo. <NOTE PLACE="marg">The returne of a Summons, upon an originall a|gain&s;t an heir.</NOTE></ITEM>
</LIST></ITEM>
</LIST>
<LIST>
<LABEL>The Summoners of the within named <HI>A. B.</HI> &s;on an heir of <HI>A. B.</HI></LABEL>
<ITEM><LIST>
<ITEM>I. W. <HI>and</HI></ITEM>
<ITEM>E. W.</ITEM>
</LIST></ITEM>
</LIST>
<CLOSER><SIGNED><HI>R. S.</HI> E&s;quire, Sherif.</SIGNED></CLOSER>
</DIV2>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="writ">
<P>By vertue of this Writ I have cau&s;ed to be delivered <NOTE PLACE="marg">The returne of <HI>Hab. fac. po&s;|&s;e&s;&s;ionem, &amp; cap.</HI> Where Iudgment is &s;igned with co&s;ts.</NOTE> to the &s;aid <HI>A. B.</HI> his po&s;&s;e&s;&s;ion of his term within &s;pe|cified of the Me&s;&s;uage, Lands, and Tenements within &s;pecified. And al&s;o have taken the body of the within named <HI>C. D</HI> who&s;e body before the Ju&s;tices within written, at the day and place within contained I have ready, as within it is commanded.</P>
<P>And where the Defendant is not found, then clo&s;e thus: And I further certifie the Ju&s;tices within &s;peci|fied, that the within named <HI>C. D.</HI> is not found in my Bailiwick.</P>
<CLOSER><SIGNED><HI>R. S.</HI> E&s;quire Sherif.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="return">
<P><PB N="204" REF="116">
<NOTE PLACE="marg">The returne of a <HI>Liberate</HI> out of Chancery.</NOTE>By vertue of this Writ, I have delivered to the within named <HI>I G.</HI> the Mannors, Me&s;&s;uages, Parks, Woods, and all and &s;ingular the Lands and Tenements, with the appurtenances within mentioned, To hold to him and his a&s;&s;igns as his Freehold, until he &s;hall be fully &s;atis|fied of his debt within mentioned, with his damages, charges, and expences, rea&s;onably &s;u&s;tained, as by this Writ it is commanded, And I further here|by certifie his Highne&s;s, that the within named <HI>R. W.</HI> is not found in my Bailiwick.</P>
<CLOSER><SIGNED><HI>R. S.</HI> E&s;quire Sherif.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="writ">
<P>By vertue of this Writ to me directed, in form within <NOTE PLACE="marg">The return of an <HI>Acced. ad cur.</HI></NOTE> written in full Court I recorded the Plaint within men|tioned, And that Record as it appeareth in a Scedule to this Writ annexed, I have before the Ju&s;tices with|in written at the day and place within contained, un|der my &s;eal, and the &s;eals of <HI>R C. M C. T Y.</HI> and <HI>R E.</HI> four hone&s;t and lawfull men of my Bailiwick of tho&s;e which were there pre&s;ent at that Record: And I have prefixed the &s;ame day to the parties within writ|ten, that then they may be there ready to proceed in the &s;aid plaint, as &s;hall be ju&s;t according to the exigence of this Writ.</P>
<CLOSER><SIGNED><HI>R. S.</HI> E&s;quire, Sheriff.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="schedule">
<P><NOTE PLACE="marg">The Scedule. </NOTE><HI>B. &s;s.</HI> At the Hundred Court of <HI>B.</HI> holden at <HI>C.</HI> the 12. day of <HI>A.</HI> in the year of our Lord 1658. in the &s;aid Hundred before <HI>I. K.</HI> and <HI>L M.</HI> free Suitors of the &s;ame Hundred.</P>
<P><HI>B. &s;s. A B</HI> complaineth again&s;t <HI>C D.</HI> of a plea of taking, and unju&s;t detaining of his goods and chattels.</P>
<CLOSER><SIGNED><HI>R. S.</HI> E&s;quire Sherif.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="return">
<P><NOTE PLACE="marg">The returne of a <HI>Re. &s;a. lo.</HI></NOTE>By vertue of this Writ to me directed in my full County Court of <HI>N.</HI> held at <HI>N.</HI> in my &s;aid County the 12. day of <HI>A.</HI> in the year of our Lord 1648. I cau&s;ed 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 an|nexed; And I have that Record ready before the Ju|&s;tices
<PB N="205" REF="116">
within mentioned at the day and place within contained under my &s;eal, and the Seals of <HI>W H. L E. I B.</HI> and <HI>T C.</HI> four lawfull freeholders of the &s;ame County of tho&s;e which were pre&s;ent at that Record; and I have prefixed the &s;ame day to the parties within written, that they be then there ready to proceed in the &s;aid plaint as &s;hall be ju&s;t according to the exigence of this Writ. <HI>R. S.</HI> E&s;quire, Sheriff.</P>
<P><NOTE PLACE="marg">The Scedule. </NOTE><HI>N. &s;s.</HI> At my County Court of <HI>N.</HI> held at <HI>I.</HI> within the &s;aid County the 12. day of <HI>A.</HI> in the year of our Lord 1658. before <HI>I G. H K.</HI> Freeholders of the &s;ame County among&s;t other things it is thus contained.</P>
<P><HI>N. &s;s. F I.</HI> doth complain again&s;t <HI>F. S.</HI> of a plea of taking and unju&s;tly detaining of his cattel.</P>
<CLOSER><SIGNED><HI>R. S.</HI> E&s;quire, Sheriff.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="return">
<P><NOTE PLACE="marg"><HI>Returne</HI> averia. elongat. <HI>and</HI> Cepi corpus <HI>for damages.</HI></NOTE>Before the coming of this Writ the within mention|ed Mare was by the within named <HI>G H.</HI> conveyed unto places unknown to me, &s;o that I could not cau&s;e return of the &s;aid Mare to be made to the within named <HI>I N.</HI> and <HI>H.</HI> as within it is commanded, and I hereby fur|ther certifie the within mentioned Ju&s;tices, that by ver|tue of this Writ I have taken the body of the within na|med <HI>G H.</HI> who&s;e body before the &s;aid Ju&s;tices at the day and place within contained I have ready, as within it is commanded.</P>
<CLOSER><SIGNED><HI>R. S.</HI> E&s;quire, Sheriff.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="writ">
<P><NOTE PLACE="marg">The writ. </NOTE>The execution of this Wtit appeareth in a certain Scedule hereunto annexed.</P>
<CLOSER><SIGNED><HI>R. S.</HI> E&s;quire, Sheriff.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="schedule">
<P><NOTE PLACE="marg">The Scedule. </NOTE>By vertue of this writ to me directed, and to this Sce|dule annexed, I made a certain Warrant to one <HI>W R.</HI> my Bailiff, to arre&s;t and take <HI>I S.</HI> in the &s;aid Writ named; My which Bailiff, by vertue of my afore&s;aid <NOTE PLACE="marg">The returne of a re&s;cous.</NOTE> Warrant, the 11. day of <HI>February</HI> in the year of our Lord 1658. within written at B. in my County arre&s;ted and took the body of the afore&s;aid <HI>I S.</HI> as by my War|rant he was commanded, and him the &s;aid <HI>Iohn</HI> &s;o
<PB N="206" REF="117" MS="y">
arre&s;ted, taken, and in my cu&s;tody as afore&s;aid, under the afore&s;aid arre&s;t being, one <HI>G. S.</HI> of <HI>B.</HI> afore&s;aid, together with the afore&s;aid <HI>Iohn Spalding</HI> by force and armes, that is to &s;ay, with &s;taves, pitchforks, and knives upon him the &s;aid <HI>W. R.</HI> my Bayliff, then and there did make an a&s;&s;ault, and him did beat, wound, and evilly handle, &s;o that it was de&s;paired of his life: And the afore&s;aid <HI>G. S.</HI> him the &s;aid <HI>I. S.</HI> &s;o as afore|&s;aid under the fore&s;aid arre&s;t being out of my cu&s;tody, then and there tooke and re&s;cued, and of his owne right &s;uffered him to go at large. And the &s;ame <HI>I. S.</HI> &s;o as afore&s;aid under arre&s;t being, out of <HI>my Cu&s;tody,</HI> <NOTE PLACE="marg">The cu&s;tody of my &s;aid Bayliff.</NOTE> then and there likewi&s;e re&s;cued him&s;elfe again&s;t the publique peace: And afterwards the &s;ame <HI>Iohn</HI> is not found in my Bayliwick.</P>
<CLOSER><HI>R. S.</HI> <ABBR>E&s;q</ABBR>
<SIGNED>Sheriff.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Returne of Jurors.</HEAD>
<P><NOTE PLACE="marg">If two &s;ufficient hundredors do appear it is &s;uffi-Stat. 27. Eliz. cap. 6. </NOTE>HEe mu&s;t returne &s;ixe Jurors where the Venue ly|eth, if there be &s;o many within the Hundred, <HI>viz.</HI> within the place where the demand is made; yet by the Stat. 27 <HI>Eliz. cap.</HI> 6. upon the tryall of an i&s;&s;ue joyned in any per&s;onall action, if two &s;ufficient hun|dreders do appear it is &s;ufficient: He mu&s;t return their names, and a true addition of their dwelling places, or &s;ome other addition by which the party may be known.</P>
<P><NOTE PLACE="marg">None are to be returned above the age of 17 years, <HI>&amp;c.</HI> 21 E. 1. None &s;hall be impanel led out of their proper County, except, <HI>&amp;c.</HI></NOTE>No per&s;ons are to be returned above the age of 7 yeares, nor per&s;ons of a langui&s;hing &s;ickne&s;&s;e or di&s;ea&s;e at the time of their &s;ummons, no Alien Infant under the age of fourteen, Clergy men or Mini&s;ters: <HI>Lamb. 382. Fitz. 165. d. 166. a. d.</HI></P>
<P>None &s;hall be impannelled upon a Jury for tryall of any matter out of their proper County, except &s;uch Jurors may &s;pend in Lands and Tenements 5 <HI>l. per annum,</HI> nor to try any matter within the County, ex|cept
<PB N="207" REF="117">
they have in Lands and Tenements 40 <HI>s. per ann.</HI> of e&s;tate of Free-hold within the County where the I&s;&s;ue is to be levyed. <HI>F. N. B. 166. d.</HI><NOTE PLACE="marg">F. N. B. 166. d.</NOTE> But after. the Statute 27 <HI>Eliz. cap.</HI> 6. <NOTE PLACE="marg">None to be re|turned but &s;uch as have 4 l. <HI>per ann.</HI></NOTE>None are to be returned for the tryall of any I&s;&s;ue in the upper Bench, Common Pleas, Exchequer, or before the Ju&s;tices of A&s;&s;ize, but &s;uch as have e&s;tate of Free-hold in Lands, Tene|ment or Hereditaments of the clear yearly value of <HI>4l.</HI> at lea&s;t, out of Ancient Deme&s;ne.</P>
<P>Though the current of the <HI>Venire facias</HI> be but to <NOTE PLACE="marg">24 Iurors mu&s;t be returned, otherwi&s;e error. Co. 5. 36. <HI>&amp;</HI> 37.</NOTE> returne <HI>Duodecem bonos &amp; legales homines,</HI> yet mu&s;t he returne twenty and four; if he return but three and twenty, and 12 appear and give their verdict, this is Errour, <HI>Coo.</HI> 5. 36. &amp; 37.</P>
<P>He is to &s;ummon and returne the <HI>Grand Iury</HI> to the <NOTE PLACE="marg">He mu&s;t &s;um|mon the grand Iuries to the A&s;sizes, and Iuries for the quarter &s;e&s;sions, <HI>&amp;c.</HI></NOTE> <HI>A&s;sizes,</HI> and the Juries for the Quarter Se&s;&s;ions of the peace, and is to array his pannell &s;ixe dayes (at the lea&s;t) for the &s;peciall A&s;&s;izes, and before the &s;e&s;&s;ions of the Ju&s;tices, &s;o that view and copies of the pan|nels may be had if they be required; which copies mu&s;t be indented by the Sheriff, and delivered to the Plaintifs, Defendants, or Tenants.</P>
<P>Upon an Indictment he ought to returne none but <NOTE PLACE="marg">None mu&s;t be returned upon an Indictment but, <HI>&amp;c. probi &amp; legales ho|mines.</HI></NOTE> <HI>probi &amp; legales homines; viz.</HI> &s;uch as are not attaint by Law, <HI>Decies tantum,</HI> &s;ubornation of perjury, con|cealment, &s;uch as are not outlawed, abjured, con|demned in a <HI>Premunire,</HI> or attaint of Trea&s;on, felony, &amp;c. 11 <HI>H. 4. cap.</HI> 9.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Return of I&s;&s;ues.</HEAD>
<P><NOTE PLACE="marg">He mu&s;t returne good I&s;sues. </NOTE>HE is to returne good &s;ufficient and rea&s;onable I&s;|&s;ues, and upon &s;uch per&s;ons as have &s;ufficient goods and lands according to the <HI>Stat.</HI> of <HI>We&s;tmin&s;t. 2. cap.</HI> 39. &amp; <HI>E. 3. cap.</HI> 5.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="208" REF="118">
<HEAD>Of E&s;capes, and what damage doth occur to the Sheriffe by them.</HEAD>
<P><NOTE PLACE="marg">The &s;heriff mu&s;t elect an hone&s;t Gaoler. </NOTE>THe Sheriffe ought to be very cautious in electing a vigilant and hone&s;t Gaoler, and &s;uch a one as is able to give &s;ufficient &s;ecurity, for his indemp|nity and true performance of his office, and to an&s;wer all e&s;capes; for of all the Officers that appertain to the Sherif, the Gaoler ought to be mo&s;t circum&s;pect, o|therwi&s;e many e&s;capes would happen. And fir&s;t, to define what an E&s;cape is.</P>
<P><NOTE PLACE="marg">What an E&s;cape is. </NOTE>It is (here to be under&s;tood) where one that is arre|&s;ted and impri&s;oned in the common Gaol of the coun|ty, and cometh to his liberty before that he is delive|red by the award of any Ju&s;tices, or by order of Law. If <NOTE PLACE="marg">For felony, it is felony in him that &s;uffers the E&s;cape, <HI>&amp;c.</HI></NOTE> the impri&s;onment of him that e&s;caped were for felony, then that &s;hall be felony in him that did voluntarily (not otherwi&s;e) &s;uffer the e&s;cape, and if for trea&s;on, then it &s;hall be trea&s;on in him; and if tre&s;pa&s;&s;e then tre&s;pa&s;&s;e, <HI>&amp;c.</HI></P>
<P><NOTE PLACE="marg">If a pri&s;oner e&s;cape, yet upon fre&s;h &s;uit, and taken, he &s;hall be in execution. </NOTE>Although the pri&s;oner which e&s;capes be out of the view, yet if fre&s;h &s;uit be made, and he be repri&s;ed <HI>in recenti in&s;equtione,</HI> he &s;hall be in execution, other|wi&s;e, at the turning of a corner, or by an entry of an hou&s;e, or by any other &s;uch meanes the pri&s;oner may be out of view. <HI>Co. 3. Rep.</HI> Rigweys <HI>Ca&s;e.</HI></P>
<P>If the Sheriffe doth a&s;&s;ent, that one who is in exe|cution, <NOTE PLACE="marg">Co. 3. <HI>Boytons</HI> Ca&s;e. Idem &s;up. Lit. fo. 260. 13 E. 1. c. 11. 2 R. 2. c. 12. <HI>Plowd,</HI> 360. a.</NOTE> and under their cu&s;tody, &s;hall goe out of the Goal for a while, and then return, although that he returne in the time, yet this is an e&s;cape; for the She|riffe ought to guard him <HI>in &s;alva et arcta cu&s;todia,</HI> and the <HI>Statute</HI> of <HI>We&s;tm. 2. c.</HI> 11. &s;aith, <HI>quod carceri manci|pentur in ferris.</HI> So that the Sheriff may keep &s;uch as are in Execution in yrons and fetters, till they have &s;a|tisfied their Creditors.</P>
<P>It is adjudged, if one be in Execution, no comman|dement <NOTE PLACE="marg">The Protector cannot command without writ, to free a man, <HI>&amp;c.</HI></NOTE> although of the Protector him&s;elfe without writ, is a &s;ufficient warrant to di&s;charge the Gaoler, and &s;o by the &s;ame rea&s;on &s;hall not di&s;charge the She|riff.</P>
<P><PB N="209" REF="118">
Where the Sheriffe dyeth, and one in Execution, <NOTE PLACE="marg">If the &s;heriff dye and one breaks the gaole, no e&s;|cape, <HI>&amp;c.</HI></NOTE> breaketh the Gaole, and goeth at large, this is no e&s;cape; for when a Sheriff dyeth, all the pri&s;oners are in the cu&s;tody of the Law, untill the election of a new Sheriffe.</P>
<P>If a woman be Warden of the Fleet, and a pri&s;oner <NOTE PLACE="marg">If a woman gao|ler marry a pri|&s;oner, adjudged an e&s;cape. <HI>Plow. com</HI> Plats ca&s;e. It is no e&s;cape, if pri&s;oners be re|moved out of the County, that they may be re|moved to ano|ther place with|in the &s;ame County; but not for their ea&s;e, for then it is an e&s;cape. <HI>Mich. 3. Car. com. Banc.</HI></NOTE> in the Fleet marrieth her, this &s;hall be judged an e&s;|cape in the woman, and the Law judgeth the pri&s;oner to be at large. <HI>Plow. Comment. Plats</HI> ca&s;e.</P>
<P>If the Sheriff remove his pri&s;oners out of the Coun|ty without being commanded, it is an e&s;cape. But if he remove them from one place to another in his County as he changes his Gaole, it is no e&s;cape; but if he remove his pri&s;oners for their ea&s;e and de|light in the &s;ame County, it is an e&s;cape. As the ca&s;e was cited by <HI>Harvey, Mich. 3. Char. Com. Banc.</HI> That the Sheriffe went with his pri&s;oner to a Beare-baiting in the &s;ame County, and it was ad|judged an e&s;cape. And <HI>Hutton</HI> Ju&s;tice &s;aid, that if a Sheriffe permit his pri&s;oners to go to worke for their benefit, it is an e&s;cape. And the que&s;tion was, if in an <HI>Audita Querela</HI> for a voluntary e&s;|cape of one in Execution, there &s;hould be bayle; And the opinion of the Court was, That if it ap|peares, that the cau&s;e upon which the <HI>Audita Querela</HI> is grounded, is called a good proof by the Record, and that he &s;hould not be bayled, unle&s;s good and &s;peciall bayl.</P>
<P>If a pri&s;oner of his owne wrong e&s;cape and flye into <NOTE PLACE="marg">The &s;heriff upon fre&s;h &s;uit may take a pri&s;oner in another coun. No felony in the Gaorler to kill a pri&s;oner that at|tempteth to e&s;|cape, <HI>&amp;c.</HI></NOTE> another County, the Sheriffe or his Officers upon fre&s;h &s;uite may take him againe. See <HI>Daltons office of Sheriffs.</HI></P>
<P>If a pri&s;oner in the Gaole attempteth to e&s;cape, and having broken his yrons, &s;triketh the Gaoler (com|ing in the night to his pri&s;oner) and the Gaoler &s;layeth him, it is no felony, 22 <HI>A&s;s.</HI> 35.</P>
<P><NOTE PLACE="marg">All that come into the Gaol, as pri&s;oners, ought bar. plac. 253. </NOTE>An Action of Debt was brought again&s;t a Gao|ler for an E&s;cape, who &s;aid that the Sheriff did not deliver him lawfully to him; And it was therefore ruled, 13 <HI>Edw. 3. Fitz. tit. Barr. plac.</HI> 253. That <HI>to be kept in</HI> &s;alva &amp; arcta cu&s;todia. 13 <HI>E. 3. Fitz tit.</HI>
<PB N="210" REF="119">
he &s;hall not take benefit, nor any notice whether he was lawfully delivered to him in Execution, or not? But he being once in his cu&s;tody, he ought to keepe him <HI>in arcta &amp; &s;alva cu&s;todia, &s;ubpoena &s;alva</HI> for the Gaoler, and <HI>arcta</HI> for the party, the Plaintiff, the party by this being coarcted to pay the debt.</P>
<P><NOTE PLACE="marg"><HI>Mich. 12 Jac.</HI> One taken upon a <HI>Capias</HI> by a wrong name, <HI>&amp;c.</HI> a <HI>Te&s;tat</HI> i&s;|&s;ued out again&s;t him by his right name, and was taken in Exec. &amp; &s;uffered him to e&s;cape, and the &s;heriff was judged an&s;wer|able for the e&s;cape.</NOTE><HI>Mich. 12 Jac.</HI> An action upon the Ca&s;e was brought again&s;t the Sheriffe of <HI>N.</HI> for an e&s;cape upon <HI>Not guilty</HI> pleaded, all the &s;peciall matter was found and &s;hewed to the Court, which was this; That a <HI>Capias</HI> did i&s;&s;ue to the <HI>Sheriffe</HI> to take one <HI>(Iohn)</HI> which was by a wrong name, and the <HI>Sheriffe</HI> retur|ned a <HI>Non e&s;t Inventus,</HI> and upon this a <HI>Te&s;tatum</HI> i&s;&s;ued out to him, and therein named him by his right name; Upon this the <HI>Sheriffe</HI> tooke him, and had him in Execution, and afterwards &s;uffered him to e&s;cape. The whole Court agreed, that the <HI>Sheriffe</HI> is an&s;werable for this e&s;cape, notwith&s;tanding the fir&s;t <HI>Capias</HI> was by a wrong name, for he was taken and &s;uffered to e&s;cape; here, upon <HI>Not guilty</HI> pleaded, the &s;pecial matter was found, and &s;hewed that the fir&s;t <HI>Capias</HI> 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 fir&s;t <HI>Capias</HI> was errone|ous, and not right, the <HI>Sheriffe</HI> &s;hall be chargeable for this e&s;cape clearly, and &s;o by the rule of the Court judgement was given for the Plaintif.</P>
<P>I thinke it very pertinent to our &s;ubject matter, (and 'tis well worth ob&s;ervation) to tran&s;cribe <HI>Whitings</HI> Ca&s;e again&s;t Sir <HI>George Reynell,</HI> Mar&s;hall of the Kings Bench, in the &s;econd part of <HI>Crooks</HI> <NOTE PLACE="marg">Crook 2 f. 657. <HI>&amp;</HI> 658. Whitings <HI>Ca&s;e.</HI> A mans wife taken in Execu|tion, &amp; &s;uffered to go at large before the debt &s;atisfied, adjudg+ed an e&s;cape.</NOTE> Reports, <HI>fol.</HI> 657. and 658. <HI>viz.</HI> Debt for 202 pounds, whereas he recovered again&s;t <HI>Thomas Abing|don,</HI> and <HI>Mary</HI> his Wife, in tre&s;pa&s;&s;e for damages, 202 pounds, and the &s;aid <HI>Mary</HI> was committed in Execution to the Defendant upon this Judgement; That the Defendant, 24 <HI>Novemb. 16 lac.</HI> &s;uffered her to goe at large whither &s;he would, his debt not being &s;atisfied, <HI>per quod actio accrevit.</HI> The Defen|dant pleaded, That &s;he brake Pri&s;on and e&s;caped, and fre&s;hly followed her and took her again, 21 <HI>Octob. 17 Iac.</HI> in fre&s;h &s;uit, and had her in Execution, and yet
<PB N="211" REF="119">
hath her, <HI>&amp;c.</HI> VVhereupon the Plaintif demurred: And it was now angued, that this plea was not good, becau&s;e the e&s;cape is alleadged 24 <HI>Novemb. 16. Jac.</HI> and the Action is brought <HI>Pa&s;ch. 17 Iac.</HI> And this re|pri&s;all is alleaged a yeare after the e&s;cape, and after the Action brought. For it was alleaged, although <NOTE PLACE="marg">A repri&s;all by fre&s;h &s;uit before the action brought, excu&s;a|ble; but a repri|&s;al after the a|ction brought, no excu&s;e.</NOTE> a repri&s;all by fre&s;h &s;uit (if it had been before the acti|on brought) would peradventure have excu&s;ed him; yet being after the Action brought, &s;o as the Plain|tif at the time of the Action brought had good cau&s;e to have the Action, the Repri&s;all after &s;hall not ex|cu&s;e him: and compared it to wa&s;te brought for Re|parations, which is amended pendant the Writ, it &s;hall not excu&s;e him. So here.</P>
<P>And in proof thereof were cited, <HI>Coo. 3. fol.</HI> 52. <NOTE PLACE="marg">Coo. 3. fol. 52. <HI>Ridgleys</HI> Ca&s;e. 23 E 4. 8. 13 E. 3. tit. bar. 253.</NOTE> <HI>Ridgeleyes</HI> ca&s;e. 23 <HI>E. 4. 8. 13 Edw. 3. tit Barr.</HI> 253. But again&s;t this it was argued, That this repri&s;all, being alleaged to be by fre&s;h &s;uite, and before the plea pleaded, is good for the time, and he &s;hall take ad|vantage thereof to excu&s;e the E&s;cape: For it is upon the matter no e&s;cape, when &s;hee was re-taken by fre&s;h &s;uit; for that is a continuall pur&s;uit, and the Law &s;hall adjuge her in pri&s;on always. And it is not like the ca&s;e of Wa&s;te; For there nothing was done after the Wa&s;te committed, before the Action; and the Reparation hath not any relation, nor is the continuance of any former Act: but this Repri&s;all hath relation, and makes it no e&s;cape, <HI>ab initio.</HI> As a Di&s;tre&s;&s;e taken for Rent, and re&s;cu|ed, and driven into another Mannor, which is pur&s;ued and re-taken, the party &s;hall make his A|vowry of the taking in the fir&s;t place. So here. And it would otherwi&s;e be a great mi&s;chie&s;e, if an E&s;|cape &s;hould be again&s;t the wills of Sheriffs, or keepers of Pri&s;ons, by breach of pri&s;on, or re&s;|cuing them&s;elves before they be brought to pri&s;on, or in their going thither; and the pri&s;oners be repri&s;ed within two or three dayes, That an Action &s;hould be brought in the <HI>Interim</HI> again&s;t the Gaoler, and that this Repri|&s;all (when he hath the pri&s;oner before the plea) &s;hould not be an excu&s;e, e&s;pecially to the
<PB N="212" REF="120">
<HI>Mar&s;hall,</HI> who hath multitude of pri&s;oners, and every day is to bring them unto the Hall by <HI>Ha|beas Corpus,</HI> or Rules of Court: If peradventure a Pri&s;oner e&s;capes, and an Action be brought a|gain&s;t the <HI>Mar&s;hall</HI> the &s;ame day, before he can have any time to retake him; If he &s;hould not be excu&s;ed by the re-taking, hee would be charged with a multitude of &s;uits, and could not have any remedy to excu&s;e him. And therefore it was compared to the pleading of a Fine levyed before the VVrit of <HI>Formedon,</HI> 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, <HI>Vide 6 H.</HI> 7. 12. <NOTE PLACE="marg">6 H. 7. 12.</NOTE></P>
<P>Secondly, it was moved, admitting this to be no plea, yet the Action lyes not here, becau&s;e the E&s;cape is of a <HI>Feme Covert,</HI> where her <HI>Baron</HI> is &s;ubject to the Execution: So the Plaintiffe hath not lo&s;t his debt; for by intendment &s;he might not have payd it, if &s;hee had layne in pri&s;on; For &s;hee had nothing but what was her Husbands, and the Execution remaines yet again&s;t him.</P>
<P>Therefore Action of Debt lyes not, becau&s;e he is not totally deprived of his Debt, but an Action upon the Ca&s;e in re&s;pect of the damage.</P>
<P><NOTE PLACE="marg">Stat. 1 R. 2. </NOTE>And therefore it was &s;aid, If one have Execution of a Statute of the Lands, Goods, and Body, <HI>&amp;c.</HI> and the pri&s;oner e&s;capes; Yet becau&s;e the Lands remaine in Execution, debt lyes not for the E&s;|cape, but an Action upon the Ca&s;e: For at the Common Law, an Action of Debt was not maintain|able for an E&s;cape; but it is given by the Statute of 1 <HI>Richard</HI> 2. where the Debtor e&s;capes. But here the &s;ole and principall Debtor did not e&s;cape; for the Baron is the Principall and remained &s;ubject to the Execution. <HI>vide 33 H. 6. 47. N. Br. 93. Regi&s;t. fo.</HI> 98. <NOTE PLACE="marg">33 H. 6. 47 <HI>F. N. B</HI> 93. Regi&s;t. fo. 98. 4 H. 6. 6.</NOTE> 4 <HI>H.</HI> 6. 6.</P>
<P>Wherefore, <HI>&amp;c.</HI> But the Court held, that it was not any plea, becau&s;e the Action is brought, and implyes a voluntary permi&s;&s;ion, <HI>ire ad largum,</HI> which is neither denyed or traver&s;ed. And if the
<PB N="213" REF="120">
Sheriffe voluntarily lets a pri&s;oner at large, he can|not re-take him. And &s;o this Repri&s;all, as is allea|ged, being after the Action brought, is to no pur|po&s;e, nor is any plea. And for the Action of Debt, they held, that it well enough lyes, or an Action upon the Ca&s;e at his plea&s;ure; Becau&s;e the Feme was onely committed to pri&s;on, and not the Baron: And &s;hee is the &s;ole Debtor, who is impri&s;oned, wherefore it was adjudged for the Plaintiff.</P>
<P><NOTE PLACE="marg">Note. </NOTE>But note, in as much as E&s;capes are &s;o penall to Sheriffes, Bayliffs of Liberties, and Gaolers, the reverend Judges of the Law have alwayes made a favourable con&s;truction as much as the Law will permit in favour of the Sheriffes, Bayliffs of Liber|ties, and Gaolers, who are Officers and Mini&s;ters <NOTE PLACE="marg">Co. 3. 44.</NOTE> of Ju&s;tice. <HI>Co.</HI> 3. 44.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD><NOTE PLACE="marg">What bayle is. Co. &s;uper Lit. lib. 1. c. 10. Sect. 79.</NOTE>Of Bayle what it is? And where the Sheriffe may take Bayle, and where not.</HEAD>
<P>BAILE or <HI>Ballium</HI> is a &s;afe keeping or prote|ction, and thereupon we &s;ay, when a man upon &s;urety is delivered out of pri&s;on, <HI>traditur in ballium,</HI> hee is delivered into bayle, <HI>viz.</HI> Into their &s;afe keeping, or protection from pri&s;on before that he hath &s;atisfied the Law, it hath its originall or derivation from the French word <HI>Bailler,</HI> and that al&s;o cometh from the Greeke word <GAP DESC="foreign">, they both &s;ignifie to deliver into hand; For he that is bayled, is taken out of a Pri&s;on, and delive|red into the hands of his Friends, who are his Sureties for his appearance at a certaine day, to an&s;wer, and be ju&s;tified by the Law.</P>
<P><PB N="214" REF="121">
<NOTE PLACE="marg">Any per&s;on ma|king a warrant, <HI>&amp;c.</HI> without ori+gi al proce&s;s, up|on examin. <HI>&amp;c.</HI> &s;hall be commit|ted without bail, <HI>&amp;c. 43 Eliz.</HI> cap. 6.</NOTE>Sheriffs, Under-&s;heriffs, or other per&s;ons, making any warrant for the &s;ummons, arre&s;ting or attaching any per&s;on to appeare in any Court, not having the originall Proce&s;&s;e or Writ to warrant it, upon exa|mination, and proofe thereof before the Judges of A&s;&s;ize, or Judges of the Court, <HI>&amp;c.</HI> &s;uch offender and their procurers &s;hall be committed to the Goale, there to remaine without baile untill (they have paid (among&s;t them) 10 <HI>l.</HI> to the party grieved, and his co&s;ts and damages, as al&s;o 20 <HI>l.</HI> to the Protector, 43 <HI>Eliz. c.</HI> 6.</P>
<P>Such per&s;ons as are in Execution upon any Statute or Recogni&s;ance, or upon judgement given in the <NOTE PLACE="marg">Such as are in execution, <HI>&amp;c.</HI> n<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">t to be bailed.</NOTE> Kings Court at the &s;uit of any per&s;on, they &s;hall not be bailed until they have agreed with the Plaintiff, 1 <HI>R. 2. c. 12. 23 H. 6. c. 10. F. N. B.</HI> 9. &amp; 121. <HI>a.</HI></P>
<P><NOTE PLACE="marg">The like. </NOTE>Per&s;ons condemned in any of the Kings Courts, and by vertue thereof committed to pri&s;on, they &s;hall not be bailed untill they have agreed with the Plaintiff, 1 <HI>R. 2. c. 12. 2 H. 5. cap. 2. F. N. B. 121. a.</HI></P>
<P><NOTE PLACE="marg">None to be bail|ed that are pro|hibited by the &s;tat. We&s;tm. 1. cap, 15. </NOTE>If the Sheriffe doe let to baile any per&s;ons prohi|bited (by the <HI>Stat.</HI> of <HI>We&s;tm. 1. cap.</HI> 15.) to be bailed, he &s;hall be puni&s;hed by the Ju&s;tices of Goal-delivery, ac|cording to the forme of the &s;ame Statute; or the Ju|&s;tices may fine them, as for an e&s;cape puni&s;hable at the Common Law. 25 <HI>E.</HI> 3. 39.</P>
<P><NOTE PLACE="marg">He cannot baile any &s;u&s;pect of felony as for|merly. </NOTE>The Sheriff might at the Common Law have bailed a &s;u&s;pect of felony (becau&s;e he is con&s;ervator of the peace) but now it &s;eems the power is transferred to the Ju&s;tices of the Peace onely. See the <HI>Stat. 1 R. 3. c.</HI> 3. &amp; 3 <HI>H.</HI> 7. 3.</P>
<P><NOTE PLACE="marg">He cannot re|fu&s;e to baile one bailable upon tender of &s;uffici|ent &s;ureties. The like. </NOTE>If a pri&s;oner bailable tender &s;ufficient &s;ureties to the Sheriff, and he refu&s;eth, he &s;hall be amerced to the Protector and Informer 40 <HI>l.</HI> and &s;hall lo&s;e treble da|mages to the party grieved.</P>
<P><NOTE PLACE="marg">23 H. 6. cap. 10. Fitz. 251. b. </NOTE>If a per&s;on be arre&s;ted by vertue of any Writ or pre|cept in any Action per&s;onall, upon tender of rea&s;ona|ble &s;ureties to appear at the day and place, as the &s;aid Writs, Bills or Preceps &s;hall require, he &s;hall be bailed. 23 <HI>H. 6. cap. 10. Fitz. 251. b.</HI> And the per&s;on is not ob|liged to go to the Sherif, if he offer &s;ufficient baile to the Baylif.</P>
<P><PB N="215" REF="121">
Per&s;ons apprehended for any manner of Trea&s;on or Felony &s;hall not be bailed, <HI>We&s;tm 1. Cap.</HI> <NOTE PLACE="marg">Traytors or Fe|lons not baila|ble. In the upper Bench the bayle not chargeable till default a&s;|&s;igned in the Principall, <HI>&amp;c. Winch</HI> rep. <HI>&s;o.</HI> 62.</NOTE></P>
<P>It is the con&s;tant cour&s;e of the Upper Bench, that the Bail is never chargeable till there is default a&s;&s;ign|ed in the principall upon the return of a <HI>Capias ad &s;a|tisfac.</HI> And if the principall render his body, though the Plaintiff refu&s;e to take it, yet that is a di&s;charge of the baile. <HI>Winch Rep. fo.</HI> 62.</P>
<P>It is not repugnant to our pre&s;ent &s;ubject to tran|&s;cribe the new Rules concerning &s;peciall Bayle, <HI>viz.</HI> 1.</P>
<P><NOTE PLACE="marg">The New Rules. </NOTE>That if the Defendant appeare upon the Summons, Attachment, or Di&s;tre&s;&s;e, or by <HI>Super&s;edeas quia im|provide,</HI> or doth truly render him&s;elfe upon the <HI>Exi|gent,</HI> no baile is requirable.</P>
<P>2 That in all cau&s;es of removeall, be it by <HI>Habeas Corpus,</HI> Priviledges, or <HI>Certiorari,</HI> &s;peciall bail ought to be given.</P>
<P>3 That in cau&s;es where the Defendant comes in by <HI>Cepi corpus,</HI> be it Debt, Detinue, Tre&s;pa&s;&s;e for goods, Action upon the Ca&s;e (except &s;lander) if the debt or damages amount to 20 <HI>l.</HI> &s;pecial baile is to be given, except it be again&s;t an Heire, Executor, or Admini&s;trator.</P>
<P>4 That in Covenant, becau&s;e the damages are un|certain till Declaration, bail at di&s;cretion.</P>
<P>5 That in Battery, Con&s;piracy, fal&s;e impri&s;on|ment, no &s;peciall baile of cour&s;e, without &s;pecial mo|tion and order.</P>
<P>6 That in &s;lander no &s;peciall baile, except in &s;lan|der of title, wherein to be left to the di&s;cretion of the Judges.</P>
<P>7 That in priviledge, other then for &s;ees and di&s;|bur&s;ments as an Attorney in this Court, baile at di&s;|cretion of the Court. In &s;uch ca&s;e wherein a &s;uite by a common per&s;on, e&s;peciall baile is not requi|&s;ite.</P>
<P>8 That if baile be given upon rever&s;all of an Out|lawrie, or removall by <HI>Habeas Corpus,</HI> the O|riginall to be &s;hewne upon tendring of the De|claration, otherwi&s;e the baile not liable, unle&s;&s;e
<PB N="216" REF="122">
the party or his Attorney will voluntarily appeare, or take a Declaration without &s;hewing of it.</P>
<P>9 That in ca&s;e of a removall out of an inferiour Court, or rever&s;all, the new Originall to agree in the nature of the Action, the &s;umme in demand, and the County, otherwi&s;e the baile not lyable; but if the partie will voluntarily appeare to &s;uch va|rying originall, to be good as to the partie, but if upon a cau&s;e removed by <HI>Habeas Corpus,</HI> out of the Courts of <HI>Canterbury, Southampton, Hull, Litch|field,</HI> or <HI>Poole,</HI> which are Counties where the Jud|ges of <HI>Ni&s;i prius</HI> &s;eldome come, if the Action be tran|&s;itory, it mu&s;t be laid in the County of <HI>Kent, South|ampton, Yorke, Stafford</HI> or <HI>Dorcet,</HI> where the Towne and County lieth, and the Recognizance to be taken accordingly.</P>
<P>10 That the Principall rendring him&s;elfe at any time after bayle put in, and before or upon the day of appearnce of the <HI>&s;cire fac.</HI> returned <HI>&s;cire feci,</HI> or of the &s;econd <HI>&s;cire facias</HI> returned <HI>Nihil;</HI> or in ca&s;e there &s;hall be an Action of Debt brought upon the Recogni|zance again&s;t the Bayle, then if the Principall &s;hall render him&s;elfe upon or before the proce&s;&s;e returned or &s;erved, no further proceeding to be again&s;t the Bayle.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Of the Election of Parliament men, how and when they are to be elected, &amp;c.</HEAD>
<P><NOTE PLACE="marg">Stat. 7 H. 4. 15. </NOTE>THe manner of electing Knights of the Shire is as followeth, <HI>viz.</HI> 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 Parlia|ment, and that all there pre&s;ent, as well Suitors &s;um|moned as others, &s;hall attend to the election of the Knights, and then in full County a free and indiffe|rent election &s;hall be made notwith&s;tanding any re|que&s;t or mandate to the contrary. And note that no
<PB N="217" REF="122">
Election can be made by any Knight of the Shire, but <NOTE PLACE="marg">Co. In&s;t. 4. fol. 48.</NOTE> 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 tho&s;e hours, the election may be made after. And if any election or voyces be given before the Precept be read and publi&s;hed, are void and not effectual.</P>
<P><NOTE PLACE="marg">23 H. 6. cap. 15. Cromp. 208. </NOTE>Likewi&s;e he ought immediately after the receipt of the Writ of his Highne&s;s for the &s;ummoning of the Parliament, to make his Precepts under the &s;eal of his Office, to every Major and Bailiff of Cities and Bo|roughs within his County, commanding them thereby to choo&s;e Citizens and Burge&s;&s;es to come to the Par|liament. And tho&s;e Majors and Bayliffs mu&s;t make a legal return of that Precept to the Sheriff of their ele|ction, and their names that are elected: The Sheriff &s;etting his hand and &s;eal of Office to one part of the Indentures, delivering it to the Major, Citizens, or Burge&s;&s;es to be kept; the Major, Citizens, or Bur|ge&s;&s;es &s;etting their hands and &s;eals to the other part, delivering it as their Deeds to the Sheriff to be certified and returned by him with the writ of &s;ummons to the Clerk of the Crown, who&s;e &s;ee is 4 s, for every Inden|ture, 23 <HI>H. 6. cap 15. Crompton 208. P. Parl.</HI> 5.</P>
<P><NOTE PLACE="marg">Rot. Parliam. 5 H. 4. num. 38. Co. In&s;t. 4. fo. 49 </NOTE>Note that after the Precept of the Sheriff directed to the City or Borough, for making of election, there ought <HI>Secundum legem &amp; con&s;uetudinem Parliamenti,</HI> to be given a convenient time for the day of election; and &s;ufficient warning given to the Citizens or Burge&s;&s;es that have voices, that they may be pre&s;ent: otherwi&s;e the election is not good.</P>
<P><NOTE PLACE="marg">Co. In&s;t. fol. 48. Who may be ele|ctors. </NOTE>At the election, if the party elected, or the Freehol|ders demand the poll, the Sheriff cannot deny the &s;crutiny, for he cannot di&s;cern who be Freeholders by the view: and though the party would wave the poll, yet the Sheriff mu&s;t proceed in the &s;crutiny. And by the Stat. of 8 <HI>H. 6. c. 7. &amp; 10 H. 6. c.</HI> 2. The election of Knights of the Shire &s;hall 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. be&s;ides repri&s;es; and the Sheriff hath power to examine upon oath the choo&s;ers how much they may expend by the year.</P>
<P><PB N="218" REF="123">
After &s;uch election, the names of the parties &s;o ele|cted <NOTE PLACE="marg">7 H. 4. cap. 15.</NOTE> (be they pre&s;ent or ab&s;ent) &s;hall be written in an Indenture, under the &s;eals of all tho&s;e that did choo&s;e them, which Indenture &s;o &s;ealed and taken to the &s;aid writ, &s;hall be the Sheriffs return thereof touching the Knights of the Shires: and in &s;uch Writs (by the &s;aid Statute) this clau&s;e &s;hall be hereafter put, <HI>Et electionem tuam in pleno Comitatu tuo factam di&s;tincte &amp; aperte &s;ub &s;igillo tuo &amp; &s;igillis eorum, qui electioni illi interfuerunt, nos in Cancellaria no&s;tra ad diem &amp; locum bre|vi contentum certifices indilate.</HI></P>
<P><NOTE PLACE="marg">What per&s;ons are elegible, and who not. </NOTE>Such per&s;ons as are eligible &s;hall be re&s;iant in the County for which they are cho&s;en, the day of the date of the Writ of &s;ummons, and likewi&s;e tho&s;e that cho&s;e them: Al&s;o Citizens and Burge&s;&s;es &s;hall be re&s;iant in, and free of the Cities and Boroughs for which they are cho&s;en.</P>
<P><NOTE PLACE="marg">Co. In&s;t. 4. fo. 48 </NOTE>One under the age of one and twenty years is not elegible, neither can any alien be elected of the Parlia|ment untill he be naturallized by Parliament, after which he is eligible to this or any other place of judica|ture.</P>
<P><NOTE PLACE="marg">Ibid. </NOTE>None of the Judges of the Upper Bench, or Com|mon Pleas, or Barons of the Exchequer that have judicial places can be cho&s;en Knight, Citizen, or Bur|ge&s;&s;e of Parliament, becau&s;e they are a&s;&s;i&s;tants in the Hou&s;e of Lords, As for the pre&s;ent times I make a quaere of this.</P>
<P><NOTE PLACE="marg">Ibid. </NOTE>A man attaint of Trea&s;on, felony, &amp;c. is elegible: for touching the election of two Knights, the words of the Writ are, <HI>Duos milites gladiis cinctos magis idoneos, &amp; di&s;cretos elegi fac.</HI> And for election of Citizens and Burge&s;&s;es the words of the Writ are, <HI>Duos &amp;c. di&s;cre|tioribus &amp; magis &s;afficientibus,</HI> which they cannot be &s;aid to be, when they are attainted of Trea&s;on or felo|ny, &amp;c.</P>
<P>Any of the profe&s;&s;ion of the Common Law, and who are in practice of the &s;ame, are elegible.</P>
<P><NOTE PLACE="marg">1656. </NOTE>By the <HI>Humble Petition and advice,</HI> tho&s;e are di&s;abled to be elected, who have advi&s;ed, a&s;&s;i&s;ted, or abetted the Rebellion of <HI>Ireland,</HI> ad tho&s;e who do or &s;hall pro|&s;e&s;&s;e the Popi&s;h Religion, and likewi&s;e all tho&s;e who
<PB N="219" REF="123">
have aided, abetted, advi&s;ed or a&s;&s;i&s;ted in any war a|gain&s;t the Parliament, &s;ince the fir&s;t day of <HI>Ianuary</HI> 1641. (unle&s;&s;e he or they have &s;ince born arms for the Parliament, or his Highne&s;&s;e, or otherwi&s;e given &s;ignal te&s;timony of their good affection to the Common-wealth, and &s;o continued) and &s;uch as have been actually ingaged in any plot, con&s;piracy or de&s;igne a|gain&s;t the per&s;on of his Highne&s;s, or in any in&s;urrecti|on or rebellion in <HI>England</HI> or <HI>Wales</HI> &s;ince the 16. day of <HI>December</HI> 1653. are di&s;abled and made uncapable to be elected.</P>
<P><NOTE PLACE="marg">Puni&s;hment of Sheriffs for their negligence in elections or returns. </NOTE>The puni&s;hment of Sheriffs for their negligence in returning of Writs, or for leaving out of their returns any City or Borough which ought to &s;end Citizens and Burge&s;&s;es, <HI>vide 5 R: 2, Stat: 2. cap.</HI> 4. Al&s;o if one be duly elected Knight or Burge&s;&s;e, and the Sheriff return another, the return mu&s;t be reformed, and amen|ded by the Sheriff, and he that is duly elected mu&s;t be in&s;erted, for the election in the&s;e ca&s;es is the <HI>radix</HI> or foundation, and not the return, <HI>Rot: Parl: 5 H: 4. num: 38. Co: Iu&s;t: 4. fol:</HI> 49.</P>
<P><NOTE PLACE="marg">Penalties on Counties, and places for not e|lecting. </NOTE>By the <HI>Stat:</HI> of 16 <HI>Car.</HI> Every County, City, Cinque port, and Borough that &s;hall not make election of their Knights and Citizens, Barons and Burge&s;&s;es, re&s;pe|ctively, &s;hall incur the penalties following, (that is to &s;ay) every County the &s;umm of one thou&s;and pounds, and every City which is no County 200 l. and every Cinque port and Borough the &s;um of 100 l. Except the Free-holders of any County and Inhabitants, or other per&s;ons having or claiming power to make ele|ction of any Knights, Citizens, Barons or Burge&s;&s;es, &s;hall proceed to making of elections of them, which elections &s;hall afterwards fall out to be adjudged or de|clared void in Law by the Parliament, by rea&s;on of equality of voices, or mi&s;demeanor of any per&s;on what|&s;oever, then the &s;aid County, City, &amp;c. &s;hall not in|cur the penalties afore&s;aid, &s;o as an election <HI>de facto</HI> be made.
<Q><P><NOTE PLACE="marg">Note. </NOTE>But who &s;hall be Electors, and who &s;hall be elected, and the time, place, and manner of elections, and therein the duty of the Sheriff, you may read
<PB N="220" REF="124">
more ample in the po&s;itive lawes of 7 <HI>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. &amp;c.</HI> which need not here be particularly re|hear&s;ed.</P></Q></P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Of the Office of &V;nder-Sheriff.</HEAD>
<P><NOTE PLACE="marg">What he is. </NOTE>THe Under-Sheriffe (in effect) is but the Sheriffs Deputy, and acts what&s;oever is to be acted by the High-Sheriff (except &s;ome particulars which are to be done by the Sheriffe him&s;elfe, as you &s;hall finde in &s;everall places of this Tract) and therefore according to the nature of a Deputation mu&s;t be removeable as <NOTE PLACE="marg">Hobert <HI>fol.</HI> 13. Norton's <HI>ca&s;e again&s;t</HI> Simms.</NOTE> an Attorney is; and though the Sheriff &s;hould 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 gene|ral Balliffe errant to the Sheriff, and the whole County, as other Bailiffs are over a particular Hun|dred</P>
<P><NOTE PLACE="marg">He hath power to execute all the ordinary offices of the Sheriff, that may be transferred by the Law, &amp;c. </NOTE>The Sheriffe con&s;tituting an Under-Sheriffe doth implicitly give him power to execute all the ordinary Offices of the Sheriff him&s;elfe that may be transferred by the Law, As &s;erving of Proce&s;&s;e and Executions, &amp;c. But he cannot deal in a Writ of <HI>Redi&s;&s;ei&s;in,</HI> be|cau&s;e in that the Sheriffe is Judge, nor in the ca&s;e of a Writ of <HI>Wa&s;t,</HI> where the Sheriffe him&s;elfe <HI>(in pro|pria per&s;ona)</HI> is commanded to go to the place wa&s;t|ed, &amp;c.</P>
<P><NOTE PLACE="marg">The Sheriffe mu&s;t take good &s;ecurity of him, &amp;c. </NOTE>The Sheriffe ought to be very cautious in taking good and &s;ufficient &s;ecurity of the Under-Sheriffe, to di&s;charge, protect, and &s;ave him harmle&s;&s;e of E&s;capes upon arre&s;ts made by him&s;elfe; for &s;ince that he transfers his authority unto him, it is rea&s;on that he take &s;ecurity of him to perform all things ju&s;tly, and hone&s;tly to him&s;elfe and others, not acting or inten|ding
<PB N="221" REF="124">
any thing again&s;t law. See more in the Articles betwixt the High-Sheriffe and Under-Sheriff among&s;t the Pre&s;idents.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The Sheriffs Fees.</HEAD>
<P><TABLE>
<HEAD>Upon an arre&s;t.</HEAD>
<ROW>
<CELL><NOTE PLACE="marg">By the Stat. of</NOTE>
TO the Sheriff</CELL>
<CELL>00 01 08 </CELL>
</ROW>
<ROW>
<CELL>To the Bailff who makes the Arre&s;t or At|tachment</CELL>
<CELL>00 00 04</CELL>
</ROW>
<ROW>
<CELL>To the Goaler if the per&s;on be committed to pri&s;on</CELL>
<CELL>00 00 04</CELL>
</ROW>
<ROW>
<CELL>For the Obligation for appearance if the pri&s;o|ner be bailed</CELL>
<CELL>00 00 04</CELL>
</ROW>
<ROW>
<CELL>For making the War|rant upon the Writ, for every name</CELL>
<CELL>00 00 04</CELL>
</ROW>
<ROW>
<CELL>For the Copy of a Pannel</CELL>
<CELL>00 00 04</CELL>
</ROW>
</TABLE>
<TABLE>
<ROW>
<CELL><NOTE PLACE="marg">Extortion by Lamb. fol. 4. 15. Cromp. fo. 205. b.</NOTE>For returning of a Pannel (though it &s;eems to be extortion by <HI>Lamb. fol.</HI> 4. 15. and <HI>Cromp. fol. 205. b.</HI> they u&s;e to take</CELL>
<CELL>00 02 00 </CELL>
</ROW>
<ROW>
<CELL>For the return of every <HI>Cepi corpus</HI></CELL>
<CELL>00 00 04</CELL>
</ROW>
<ROW>
<CELL>For the return of a <HI>Nihil,</HI> or <HI>Non e&s;t inventus</HI></CELL>
<CELL>00 00 04</CELL>
</ROW>
<ROW>
<CELL>For making Proclamation at the Church door upon an Extent, &amp;c.</CELL>
<CELL>00 01 00</CELL>
</ROW>
<ROW>
<CELL>For the Return of a Proclamation</CELL>
<CELL>00 01 00</CELL>
</ROW>
<ROW>
<CELL>For the return of every <HI>Venire facias, Tales, Habeas corpora,</HI> and <HI>Di&s;tringas</HI></CELL>
<CELL>00 02 04</CELL>
</ROW>
<ROW>
<CELL>For every name returned outlawed</CELL>
<CELL>00 00 04</CELL>
</ROW>
<ROW>
<CELL>For making a Precept upon a Writ to a &s;peciall Bailiff for every name</CELL>
<CELL>00 02 00</CELL>
</ROW>
<ROW>
<CELL><PB N="222" REF="125">
For the arre&s;t of every De&s;endant from the Plaintiff 00 01 00</CELL>
</ROW>
<ROW>
<CELL>For the Copy of the warrant upon the writ</CELL>
<CELL>00 00 04</CELL>
</ROW>
<ROW>
<CELL>For the returning of a <HI>Mandavi ballivo.</HI></CELL>
<CELL>00 00 04</CELL>
</ROW>
<ROW>
<CELL>For Writs of executions upon the Judgment upon bils &s;ued in per&s;onal actions, the debt or damage being un|der 40 s.</CELL>
<CELL>00 01 00</CELL>
</ROW>
<ROW>
<CELL>Upon Bils &s;ued above 40 s. in actions per&s;onal for the return of every &s;uch bil</CELL>
<CELL>00 00 04</CELL>
</ROW>
<ROW>
<CELL>For every writ of Execution</CELL>
<CELL>00 02 00</CELL>
</ROW>
<ROW>
<CELL>For executing of every writ of <HI>Elegit</HI> in per&s;onal actions</CELL>
<CELL>00 06 08</CELL>
</ROW>
<ROW>
<CELL>In all reall or mixt actions &s;ued by Original writ, for return of every ori|ginal writ</CELL>
<CELL>00 02 00</CELL>
</ROW>
<ROW>
<CELL>And for return of every other writ of Judicial proce&s;&s;e depending upon the &s;ame before Judgment</CELL>
<CELL>00 02 00</CELL>
</ROW>
<ROW>
<CELL>And for every-Writ of Execution after Judgment upon every original in action real or mixt</CELL>
<CELL>00 02 00</CELL>
</ROW>
<ROW>
<CELL>For executing every <HI>Habere fac: &s;ei&s;inam</HI></CELL>
<CELL>00 06 08</CELL>
</ROW>
<ROW>
<CELL>For attachments upon <HI>Capias</HI> or other proce&s;&s;e &s;ued by Original or Judicial writ, if the return be <HI>Cepi corpus</HI></CELL>
<CELL>00 02 00</CELL>
</ROW>
<ROW>
<CELL>For a <HI>Reddidit &s;e</HI> upon an Exigent of felony in appeale of murther, or maim, or upon an indictment of &s;elo|ny or murther</CELL>
<CELL>00 02 00</CELL>
</ROW>
<ROW>
<CELL>Upon a <HI>Reddidit &s;e</HI> upon an Exigent of debt, tre&s;pa&s;s, detinue, and all o|ther actions per&s;onals</CELL>
<CELL>00 01 00</CELL>
</ROW>
<ROW>
<CELL>For the making of a Repleg.</CELL>
<CELL>00 01 00</CELL>
</ROW>
<ROW>
<CELL>and <HI>Withernam</HI> upon the &s;ame</CELL>
<CELL>00 01 00</CELL>
</ROW>
<ROW>
<CELL>For return of every writ of appeal of murder, felony, or maim</CELL>
<CELL>00 01 00</CELL>
</ROW>
<ROW>
<CELL>And upon all Proce&s;&s;e growing upon the &s;ame, as <HI>Venire facias, Tales, Habeas corpora,</HI> and <HI>Di&s;tringas</HI></CELL>
<CELL>01 01 00</CELL>
</ROW>
<ROW>
<CELL><PB N="223" REF="125">
For every pri&s;oner delivered by ac|quittal, or by Proclamation for any manner of felony</CELL>
<CELL>00 01 00</CELL>
</ROW>
<ROW>
<CELL>For a <HI>Replevin.</HI></CELL>
<CELL>00 02 00</CELL>
</ROW>
<ROW>
<CELL>For the returne of a <HI>Recordare.</HI></CELL>
<CELL>00 00 04</CELL>
</ROW>
<ROW>
<CELL>For the return of an <HI>Accedas ad cur.</HI></CELL>
<CELL>00 00 00</CELL>
</ROW>
<ROW>
<CELL>For the allowance of a <HI>Super&s;edeas</HI> after the returne of the <HI>Exigent.</HI></CELL>
<CELL>00 02 00</CELL>
</ROW>
</TABLE></P>
<P><LIST>
<HEAD>The &s;heriffe is to be com|pounded and agreed with for the&s;e.</HEAD>
<ITEM>For executing of a Writ to enquire of <HI>Wa&s;te,</HI></ITEM>
<ITEM>Al&s;o for executing a Writ to en|quire of damages,</ITEM>
<ITEM>Likewi&s;e for executing a Statute,</ITEM>
<ITEM>For executing of a writ of Right,</ITEM>
<ITEM>For &s;erving of a Writ <HI>de partition facienda,</HI></ITEM>
<ITEM>For removing the over-charge of Common of pa&s;ture,</ITEM>
<ITEM>For enquiry upon an <HI>Elegit,</HI></ITEM>
<ITEM>For Writs of forcible entry, or hol|ding with force, whereupon the party amoved is to be re&s;tored to his po&s;&s;e&s;|&s;ion,</ITEM>
<ITEM>For execution of a Judgement up|on a Writ,</ITEM>
</LIST></P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The &V;nder-&s;heriffe of <HI>Middle&s;ex</HI> u&s;eth to take the&s;e Fees following in the Court of Common Pleas.</HEAD>
<P><TABLE>
<ROW>
<CELL>FOr a warrant for a <HI>Capias</HI> upon e|very name,</CELL>
<CELL>00 00 04</CELL>
</ROW>
<ROW>
<CELL>For the return of a <HI>Venire facias,</HI></CELL>
<CELL>00 02 00</CELL>
</ROW>
<ROW>
<CELL>For a warrant upon a <HI>Capias utleg.</HI></CELL>
<CELL>00 00 04</CELL>
</ROW>
<ROW>
<CELL>For return of a <HI>Habeas corpora juratorum,</HI></CELL>
<CELL>00 04 00</CELL>
</ROW>
<ROW>
<CELL>For &s;ummoning the Jury for every name,</CELL>
<CELL>00 00 04</CELL>
</ROW>
<ROW>
<CELL>For return of a Proclamation,</CELL>
<CELL>00 01 00</CELL>
</ROW>
<ROW>
<CELL>For return of a <HI>Scire Facias,</HI></CELL>
<CELL>00 02 00</CELL>
</ROW>
<ROW>
<CELL><PB N="224" REF="126">
For return of a <HI>Nihil overat</HI> and <HI>Fieri facias</HI></CELL>
<CELL>00 01 00</CELL>
</ROW>
</TABLE></P>
<P><NOTE PLACE="marg">For executing an Exigent, or Execution. </NOTE>For executing an Exigent, or execution upon body, Lands, goods, and Chattels twelvepence for every twenty &s;hillings where the &s;umm exceeds not one hun|dred pounds: and &s;ix pence for every twenty &s;hillings where the &s;umm exceeds one hundred pounds; that is to &s;ay, for every twenty &s;hillings that he or they &s;hall levy or extend, and deliver in Execution, or take the body in execution.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Of Sheriffs Accompts, with a particular of &s;ome u&s;uall Charges or Fees payd by them at the rendring of their Accompts.</HEAD>
<P>THe Sheriff giveth his Accompts into the Exche|quer, and there is charged with his ca&s;ualties, which are all manner of Debts of Ca&s;ualties, and Re|li&egrave;&s;s, Fines, Amerciaments upon the Sheriff, debts recovered, and &s;uch like as are drawn down either from any Record of any of the Remembrancers of the Exchequer, or from any other matter, ground, or &s;ei|&s;ure of the Court. And the Sheriff mus&s;t an&s;wer to every &s;umm charged upon him as he hath cau&s;e; that is to &s;ay, &s;uch a &s;umm within &s;uch and &s;uch a Liberty, and &s;heweth who&s;e they be.</P>
<P>He is charged with old &s;eizures, which are Lands and Tenements &s;eized before by his Predece&s;&s;ors, upon the Proce&s;&s;e of the Court, and likewi&s;e with his own feizures, which are Lands and Tenements, &s;eized in his own time by Proce&s;&s;e of the Court, and &s;o addeth to the&s;e &s;uch Felons goods as he hath &s;eized him|&s;elfe.</P>
<P>There the Sheriff hath &s;uch allowances as are allow|ed him by act of Parliament, together with the Ju&s;ti|ces of Peace wages of his Shire out of the Fines and Forfeitures before the Ju&s;tices of Peace thereof, if the &s;treat will bear them, layd out before the Sheriffs for
<PB N="225" REF="126">
the Ju&s;tices wages, according to the Statute, of the which allowance, and of the particular names of the Ju&s;tices, the foreign oppo&s;er doth deliver a Roll into the Pipe for the Clerk of the Pipes warrant to allow the &s;ames wages to the Sheriff. After which things done, <HI>viz,</HI> allowance of all payments, deductions, and annual charges, then hath he his <HI>Quietus e&s;t.</HI> The fees are as follow.</P>
<P><TABLE>
<ROW>
<CELL><NOTE PLACE="marg">In the Terme of S. <HI>Hillary,</HI> on the morrow of Purification, &amp;c.</NOTE><HI>Imprimis,</HI> to his Attorney for his warrant of Attorney, <HI>&amp;c.</HI> for his own &s;ees, and his mans &s;ees and to another for entring the warrant</CELL>
<CELL>02 00 02 </CELL>
</ROW>
<ROW>
<CELL>To the Punie-Baron for mini&s;tring the oath, for the Appo&s;el upon the &s;ummons of the Pipe, his &s;ee for the Vicontels, and his mans &s;ee for the &s;ame</CELL>
<CELL>01 07 00</CELL>
</ROW>
<ROW>
<CELL>To the Mar&s;hal, Criers, &amp; Tip&s;taves there</CELL>
<CELL>01 06 08</CELL>
</ROW>
<ROW>
<CELL>The fees of the foreign Oppo&s;er &amp; his men are</CELL>
<CELL>04 00 00</CELL>
</ROW>
<ROW>
<CELL>For his writ of a&s;&s;i&s;tance from his Attorney</CELL>
<CELL>00 05 06</CELL>
</ROW>
<ROW>
<CELL>His Attorneys &s;ees in the Pipe, and his mans fees</CELL>
<CELL>06 00 00</CELL>
</ROW>
<ROW>
<CELL>The &s;ees of the Deputy of the Pipe&mdash;</CELL>
<CELL>01 03 04</CELL>
</ROW>
<ROW>
<CELL>To the Controlier of the Pipe, his man, and other Officers of the Pipe</CELL>
<CELL>02 15 02</CELL>
</ROW>
<ROW>
<CELL>His Attorneys &s;ee in the Remem|brancers Office, and his mans fee</CELL>
<CELL>00 06 10</CELL>
</ROW>
<ROW>
<CELL>To the Ma&s;ter of the Wardrop for his &s;ee, for a Talley, to have thereby an allowance given for it, and for joy|ning of that Talley in the Pipe</CELL>
<CELL>05 16 05</CELL>
</ROW>
<ROW>
<CELL>To the Ma&s;ter of the Pipe for his &s;ee&mdash;</CELL>
<CELL>18 05 00</CELL>
</ROW>
<ROW>
<CELL>The foreign Oppo&s;ers &s;ee for allow|ance of Ju&s;tices wages to the Sheriffe upon the extracts of the peace, and for the ca&s;ting up of the <HI>Debet</HI> upon the Scedules of the Greenwax, and to his men for their &s;ee</CELL>
<CELL>02 18 04</CELL>
</ROW>
<ROW>
<CELL>To the Auditor a&s;&s;igned for the Shire for declaring of the Accompt</CELL>
<CELL>12 00 00</CELL>
</ROW>
<ROW>
<CELL><PB N="226" REF="127">
To the Attorney of the Pipe for giving allowance of the Ju&s;tices wa|ges, before allowed by the foreign op|po&s;er in the Sheriffs accompt, and for the foot of the accompt, &amp; to his man</CELL>
<CELL>02 06 08</CELL>
</ROW>
<ROW>
<CELL>To the Baron for declaring of the accompt, and to his man for his &s;ee</CELL>
<CELL>00 08 08</CELL>
</ROW>
<ROW>
<CELL>To the Attorney in the Remem|brancers Office, for examining of the accompt, and to one for the receiving of the accompt</CELL>
<CELL>00 05 00</CELL>
</ROW>
<ROW>
<CELL>For Copies of the &s;eizures which the Sheriff makes him&s;elfe in his year, comonly at the lea&s;t</CELL>
<CELL>05 00 00</CELL>
</ROW>
<ROW>
<CELL>For copies of the new &s;eizures, according to the number of them, in &s;ome Counties but twenty &s;hillings, but mo&s;t commonly in <HI>York&s;hire</HI> to</CELL>
<CELL>02 00 00</CELL>
</ROW>
<ROW>
<CELL>For Petitions upon the account for each</CELL>
<CELL>00 04 00</CELL>
</ROW>
<ROW>
<CELL>For another writ of a&s;&s;i&s;tance</CELL>
<CELL>00 05 06</CELL>
</ROW>
<ROW>
<CELL>For entring the view of the ac|compt, and in the alienation Office for viewing of the accompt, and for a note of the charge there</CELL>
<CELL>00 09 08</CELL>
</ROW>
<ROW>
<CELL>For every Schedule of i&s;&s;ues upon general pardons, and to the Clerk of the extracts man</CELL>
<CELL>00 15 00</CELL>
</ROW>
<ROW>
<CELL>To a Baron for allowing of them, and to the Barons man</CELL>
<CELL>00 17 04</CELL>
</ROW>
<ROW>
<CELL>In the alienation Office for making of the Bond and Acquittance, with the Scedules of &s;eizures again&s;t &s;uch as have &s;old land held of the Commi&s;|&s;ioners without licen&s;e of alienation</CELL>
<CELL>10 06 00</CELL>
</ROW>
<ROW>
<CELL>For a Warrant for a day to fini&s;h the accompt until <HI>Mich. Term</HI></CELL>
<CELL>00 10 00</CELL>
</ROW>
<ROW>
<CELL>To the Attorney in the Pipe Office for &s;etting off from the Accompt &s;ix amerciaments, and to his man</CELL>
<CELL>01 10 00</CELL>
</ROW>
<ROW>
<CELL>For di&s;charging the amerciaments, &amp; for a warrant to &s;et off and di&s;charge</CELL>
<CELL>01 12 06</CELL>
</ROW>
<ROW>
<CELL><PB N="227" REF="127">
For another Writ of a&s;&s;i&s;tance</CELL>
<CELL>00 05 06</CELL>
</ROW>
<ROW>
<CELL>If the Sheriff cannot go thorow with his accompt in Trinity Term, then to the Mar&s;hall for liberty, &amp; to his man</CELL>
<CELL>04 13 04</CELL>
</ROW>
<ROW>
<CELL>For ruling and making the Peti|tions, and to his man</CELL>
<CELL>09 00 00</CELL>
</ROW>
<ROW>
<CELL>To the Ma&s;ter of the Pipe for his fee&mdash;</CELL>
<CELL>00 13 04</CELL>
</ROW>
<ROW>
<CELL>To the Controller of the Pipe for his fee, and to his man</CELL>
<CELL>02 12 00</CELL>
</ROW>
<ROW>
<CELL>The fee of the Attorney of the Pipe, and to his man</CELL>
<CELL>06 02 06</CELL>
</ROW>
<ROW>
<CELL>For the Acquittances of two tallies in the receit, and for &s;triking off tho&s;e tallies</CELL>
<CELL>00 05 04</CELL>
</ROW>
<ROW>
<CELL>To two Auditors for ca&s;ting up of the Sheriffs accompt in Court, when he is to be ca&s;t out of the Court</CELL>
<CELL>00 10 00</CELL>
</ROW>
<ROW>
<CELL>To the Baron then, and to his men&mdash;</CELL>
<CELL>01 07 00</CELL>
</ROW>
<ROW>
<CELL>To the Mar&s;hal, Tip&s;taves, and Cri|ers then</CELL>
<CELL>00 16 08</CELL>
</ROW>
<ROW>
<CELL>To the Clerk of the Pipe for Recu|&s;ants, and for allowing and joining of the talley for Recu&s;ants Debts</CELL>
<CELL>01 16 00</CELL>
</ROW>
<ROW>
<CELL>To the Baron for re&s;pects for Recu|&s;ants Debts</CELL>
<CELL>01 10 00</CELL>
</ROW>
<ROW>
<CELL>To the Clerk of the Pipe for Recu|&s;ants for allowing of that Warrant, and to the Ma&s;ter of the Pipe for the &s;ame.</CELL>
<CELL>00 13 04</CELL>
</ROW>
<ROW>
<CELL>To the Bag-bearer</CELL>
<CELL>00 01 00</CELL>
</ROW>
<ROW>
<CELL>For the <HI>Quietus e&s;t</HI> to the Sheriffs Attorney of the Pipe, and to his man</CELL>
<CELL>04 06 08</CELL>
</ROW>
<ROW>
<CELL>For the <HI>Quietus e&s;t</HI> for the Recu&s;ants&mdash;<HI>Cum multis aliis, &amp;c.</HI></CELL>
<CELL>01 00 00</CELL>
</ROW>
</TABLE></P>
<P>But the Sheriff is at much more charge, which is laid out, and is disbur&s;ed during his Sheriffwick, as experience will better inform him.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="228" REF="128">
<HEAD>The Return of a <HI>Deva&s;tavit.</HI></HEAD>
<Q><TEXT>
<BODY>
<DIV1 TYPE="return">
<P>I <HI>R. S.</HI> Sheriffe of the County within named, do certifie the Ju&s;tices within mentioned, that the within named <HI>A. B.</HI> hath before the coming of this Writ, wa&s;ted, &amp; to his own u&s;e converted divers goods and Chattels, which were of the within named <HI>F. G.</HI> at the time of his death, to the value of the debt and damages within &s;pecified, and which came to the hands and po&s;&s;e&s;&s;ion of the &s;aid <HI>A. B.</HI> Executor of the &s;ame <HI>F G.</HI> to be admini&s;tred. So that the debt and damages or any parcel thereof of the goods and chattels of the afore&s;aid Te&s;tator <HI>F. G.</HI> I could not levy. And I further certifie the afore&s;aid Ju&s;tices, that the within named <HI>A. B.</HI> hath no goods or Chat|tels of his own in my Bailywick, whereof I may levy the damages afore&s;aid.</P>
<CLOSER><SIGNED><HI>R. S.</HI> E&s;quire Sherif.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="return">
<P><NOTE PLACE="marg">The returne of a <HI>Nulla bona &amp; deva&s;tavit</HI> by Inqui&s;ition.</NOTE>THe within named <HI>A. B.</HI> hath no goods or Chat|tels which were of the within named <HI>C. D.</HI> at the time of his death in her hands to be admini&s;tred in my Bailywick, whereof I may levy the debt and dama|ges within mentioned, or any parcel thereof, nor any of her own proper goods or Chattels in my Baily|wick, whereof I can levy the damages afore&s;aid or any part thereof: And I further certifie the Ju&s;tices within &s;pecified, That by <HI>T. I.</HI> and <HI>E. R.</HI> hone&s;t and lawful men of my Bailywick that I have made known to the &s;aid <HI>A B.</HI> that &s;he be before the afore&s;aid Ju&s;tices at the day and place within contained, to &s;hew, &amp;c. as within it is commanded.</P>
<P><PB N="229" REF="128">
The re&s;idue of the execution of this Writ appeareth in a certain Inqui&s;ition hereunto anexed.</P>
<CLOSER><SIGNED><HI>R. S.</HI> E&s;quire, Sheriff.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="indenture">
<P><NOTE PLACE="marg">N. &s;s. </NOTE>AN Inqui&s;ition indented taken at <HI>A. N.</HI> in the County afore&s;aid, the two &amp; twentieth day of <HI>Ian:</HI> in the year of our Lord 1658. before me <HI>R. S.</HI> Sheriff of the County afore&s;aid, By vertue of a Writ of his Highne&s;&s;e the Lord Protector to me directed, and to this Inqui&s;ition annexed by the Oath of <HI>G. H.</HI> (and &s;o to the number of twelve) hone&s;t and lawfull men of my Bailywick, who &s;ay upon their oaths, that <HI>A. B.</HI> in the afore&s;aid Writ named, wa&s;ted, and to her own u&s;e converted divers goods and chattels, which were of the within named <HI>C D.</HI> at the time of his death to the value of the debt and damages in the &s;ame Writ &s;pecified, and which came to the hands of the &s;ame <HI>A. B.</HI> to be admini&s;tred. In witne&s;&s;e whereof a&s;well I the &s;aid Sheriffe as the afore&s;aid Jurors to this pre|&s;ent indented Inqui&s;ition have interchangeably &s;et to our &s;eals the &s;ame day and yeare fir&s;t above writ|ten.</P>
<CLOSER><SIGNED><HI>R. S.</HI> E&s;quire, Sheriff.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="writ">
<P>BY vertue of this writ to me directed, I have levied <NOTE PLACE="marg">The Returne of a <HI>Fieri facias.</HI></NOTE> of the goods and chattels of the within named <HI>A. B.</HI> the whole &s;um of 80 l. which &s;aid moneys before his Highne&s;s at the day and place within mentioned I have ready to render to the within named, <HI>C. D.</HI> for his debt and damages within &s;pecified, as by this Writ it is commanded.</P>
<CLOSER><SIGNED><HI>R. S.</HI> E&s;quire, Sheriff.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="writ">
<P><PB N="230" REF="129">
By vertue of this writ I have levied of the goods <NOTE PLACE="marg">The return of a <HI>Fie &s;ac.</HI> where part of the debt is levied, and for the re&s;idue a <HI>nulla bona.</HI></NOTE> and chattels of the within named <HI>A. B.</HI> the value of eight pounds &s;ixteen &s;hillings four pence, which &s;aid moneyes before his Highne&s;s at the day and place within mentioned, I have ready to render to the within named <HI>C. D.</HI> in part of his debt and damages within &s;pecified: And I hereby further certifie his &s;aid Highne&s;&s;e, that the &s;aid <HI>C. D.</HI> hath no other or more goods or Chattels in my Baily|wick, whereof at pre&s;ent, I may levy the re&s;idue of the afore&s;aid debt and damages, according to the exigence of this Writ.</P>
<CLOSER><SIGNED><HI>R. S.</HI> E&s;quire Sherif.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="writ">
<P><NOTE PLACE="marg">Another return of a <HI>Fi. &s;a.</HI></NOTE>By vertue of this Writ to me directed I have taken of the Lands and Chattels of the within na|med <HI>A. B.</HI> that is to &s;ay, one Me&s;&s;uage with the appurtenances in <HI>C.</HI> in my County of <HI>N.</HI> now in the tenure of one <HI>G. D.</HI> which the afore&s;aid <HI>A. B.</HI> at the time of my taking thereof, held to him and his a&s;|&s;ignes for a certain term of years, yet to come of the demi&s;e, grant, or a&s;&s;ignment of one <HI>R. B.</HI> to the value of ten pounds, which &s;aid Lands and Chat|tels as yet remain in my hands un&s;old for want of Buyers, by rea&s;on whereof tho&s;e moneyes before the Ju&s;tices within mentioned, at the day and place within contained, I cannot have to render to the within named <HI>C. D.</HI> As within it is commanded.</P>
<CLOSER><SIGNED><HI>R. S.</HI> E&s;quire, Sherif.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="writ">
<P><NOTE PLACE="marg">The return of a writ where the Sheriff dieth af|ter execution thereof, and &s;o returned <HI>prout indor&s;at.</HI> by the pre&s;ent Sheriff.</NOTE>I hereby certifie the Ju&s;tices within mentioned that after the execution of this Writ, and before the re|turn of the &s;ame <HI>E. L.</HI> Knight, late Sheriffe of the County afore&s;aid, and that this Writ, &s;o as above indor&s;ed, and returned was delivered to me <HI>R. S.</HI> E&s;quire now Sheriffe of the County afore&s;aid by <HI>G. T.</HI> under-Sheriff of the afore&s;aid <HI>E. L.</HI> late She|riff of the County afore&s;aid.</P>
<CLOSER><SIGNED><HI>R. S.</HI> E&s;quire, Sherif.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="return">
<P><PB N="231" REF="129">
<NOTE PLACE="marg">The returne of an <HI>Elegit,</HI> where Lands are in the Kings hands.</NOTE>I hereby certifie the Ju&s;tices within written, That the Lands and Tenements which were of the within named <HI>F. B.</HI> the &s;ame day and year within mentio|ned, in which judgement of the debt and accompts within &s;pecified was rendred, are, and yet be in the hands of our Soveraign Lord the King in his Court of Wards and Liveries, by rea&s;on <HI>R. B.</HI> Gent. Tenant of the Lands and Tenements afore&s;aid hath not yet &s;ued forth his Livery of the Lands afore&s;aid in the Court afore&s;aid: Therefore to the execution of this Writ, I may not proceed, as within it is comman|ded.</P>
<CLOSER><SIGNED><HI>R. S.</HI> <ABBR>E&s;q</ABBR> Sherif.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="indenture">
<P>An Inqui&s;ition indented taken at <HI>W.</HI> in the Coun|ty afore&s;aid the day of <HI>Ianuary</HI> in the year of our Lord one thou&s;and &s;ix hundred fifty eight, before me <HI>R. S.</HI> E&s;quire, Sheriffe of the County afore&s;aid by vertue of a Writ of his Highne&s;&s;e the Lord PROTECTOR to me directed, and ro this Inqui&s;ition annexed by the oath of <HI>M. P.</HI> and &s;o to the number of twelve hone&s;t and lawfull men of my Bayliwick, who &s;ay upon their oaths, that <HI>H. S.</HI> in the &s;aid writ named, was &s;eized in his Deme&s;ne as of &s;ee the fourteenth day of <HI>June</HI> in the year of our Lord one thou&s;and &s;ix hundred fifty in the &s;ame writ mentioned, of one Capital Me&s;&s;uage with the appurtenances, with five acres of Lands, &s;ix acres of Meadow, and eight acres of Pa&s;ture, &s;cituate, and being in <HI>Br.</HI> in the County afore&s;aid, of the cleer yearly value in all i&s;&s;ues above repri&s;es forty &s;hillings: And the &s;aid Jurors fur|ther &s;ay upon their oaths, that the &s;aid <HI>H. S.</HI> hath not any other or more Lands or Tenements the &s;aid fourteenth day of <HI>June</HI> above&s;aid, nor at any time &s;ince, nor any goods or Chattels at the day of taking this Inqui&s;ition in my Bailiwick to the know|ledge of the &s;aid Jurors, the moyety of all and &s;ingular
<PB N="232" REF="130">
which &s;aid Me&s;&s;uage, Lands, Tenements, and premi&s;&s;es (that is to &s;ay) the &s;aid Capitall Me&s;&s;uage, and the &s;aid five acres of Land, and the &s;ix acres of Meadow, I the &s;aid Sheriff the &s;aid day of taking this Inqui&s;ition have cau&s;ed to be delivered to <HI>T. C.</HI> in the &s;aid Writ al&s;o named, to hold to him the &s;aid <HI>T.</HI> and his A&s;&s;ignes as his Free-hold, accord|ing to the forme of the Statute in this ca&s;e made and provided, untill the debt and damages in the &s;ame Writ mentioned &s;hall thereof be fully levied. In witne&s;&s;e, &amp;c.</P>
<P>Otherwi&s;e, untill the &s;aid <HI>T. C.</HI> in the &s;aid writ al&s;o named &s;hall be fully &s;atisfied of his debt and damages in the &s;ame writ mentioned. In witne&s;s, <HI>&amp;c.</HI></P>
<CLOSER><SIGNED><HI>R. S.</HI> E&s;quire, Sheriff.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="return">
<P><NOTE PLACE="marg">The returne of an Extent in the Exchequer, &amp;c. </NOTE>The within named <HI>A. B.</HI> is not found in my Bailywick. The re&s;idue of the execution of this Writ appeareth in a certain indented Inqui&s;ition here|unto annexed.</P>
<CLOSER><SIGNED><HI>R. S</HI> E&s;quire, Sheriff.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="indenture">
<P><NOTE PLACE="marg">N. &s;s. </NOTE>An Inqui&s;ition indented taken at <HI>I.</HI> in the Coun|ty afore&s;aid the one and twentieth day of <HI>October</HI> in the year of our Lord 1658. before me <HI>R. S.</HI> E&s;|quire Sheriff of the &s;ame County of <HI>N.</HI> By vertue of a Writ of His Highne&s;&s;e the Lord Protector of the Commonwealth of <HI>England, Scotland,</HI> and <HI>Ire|land,</HI> and the Dominions and Territories thereun|to belonging to me directed, and to this indented Inqui&s;ition annexed: By the oath of <HI>H. S.</HI> and &s;o to the number of twelve at lea&s;t, good and lawfull men of my Bailywick, who &s;ay upon their Oath that <HI>R. T.</HI> in the afore&s;aid writ named the twentieth day of <HI>A.</HI> in the year of our Lord 1657. in the &s;ame
<PB N="233" REF="130">
Writ mentioned, on which day the &s;aid <HI>R. T.</HI> became debtor to his Highne&s;&s;e, <HI>Oliver,</HI> late Lord Protector in the afore&s;aid al&s;o mentioned, was &s;ei&s;ed in his Deme&s;n as of fee, of and in one Me&s;&s;uage with the Appurtenan|ces, five acres of Land, &s;ixe acres of Meadow, and eight acres of Pa&s;ture, &s;cituate, lying and being in <HI>F.</HI> in the County afore&s;aid, now in the tenure and occu|pation of <HI>J. G.</HI> or his A&s;&s;ignes of the cleer yearly value in all I&s;&s;ues above repri&s;es 10 <HI>l.</HI></P>
<P>All which &s;aid Me&s;&s;uage, Lands and Tenements, with the Appurtenances, I the &s;aid Sheriffe, the &s;ame day of the taking this Inqui&s;ition have taken and &s;ei|&s;ed into the hands of his Highne&s;&s;e, <HI>Richard,</HI> now <HI>Lord Protector,</HI> as by this Writ it is commanded</P>
<P>And the &s;ame Jurors &s;ay upon their Oath, that the afore&s;aid <HI>R. T.</HI> at the day of the taking this Inqui&s;iti|on is &s;ei&s;ed in rever&s;ion (when it &s;hall happen after the death of <HI>C.</HI> Widow) in his Deme&s;n as of Fee, of one Me&s;&s;uage, with the Appurt. &s;ix acres of Land, 5 acres of Meadow, and 12 acres of pa&s;ture &s;cituate, lying and being in <HI>H.</HI> in the fore&s;aid County of <HI>N.</HI> and now in the tenure and occupation of the &s;ame <HI>C.</HI> widow: And that the afore&s;aid <HI>C.</HI> widow is now living, &s;o that at pre&s;ent the &s;aid Me&s;&s;uage, Lands and premi&s;&s;es in <HI>H.</HI> afore&s;aid are worth nothing: But after the death of the &s;aid <HI>C.</HI> widow will be of the cleer yearly value in all I&s;&s;ues above repri&s;es 8 <HI>l.</HI></P>
<P>The rever&s;ion of which &s;aid Me&s;&s;uage, Lands, and Premi&s;&s;es, with the Appurt. in <HI>H.</HI> afore&s;aid, when it happens, I the &s;ame Sheriffe have al&s;o the &s;ame day of taking this Inqui&s;ition, taken and &s;ei&s;ed into the hands of his Highne&s;&s;e the <HI>Lord Protector,</HI> according to the exigence of his Highne&s;&s;e &s;aid Writ.</P>
<P>And moreover the &s;aid Jurors &s;ay upon their oaths that the above named <HI>R. T.</HI> at the time of the taking this Inqui&s;ition, was and is po&s;&s;e&s;&s;ed of all the <HI>Goods</HI> and <HI>Chattels</HI> &s;everally mentioned, compri&s;ed, appri|&s;ed, and valued in a certaine &s;chedule to this inden|ted Inqui&s;ition annexed, as of his owne proper <HI>Goods</HI> and <HI>Chattels,</HI> and that the whole value of the &s;ame <HI>Goods</HI> and <HI>Chattels</HI> is forty &s;hillings.</P>
<P><PB N="234" REF="131">
Which goods and Chattels the &s;ame day of the ta|king this Inqui&s;ition, I the afore&s;aid Sheriffe have likewi&s;e &s;ei&s;ed into the hands of his &s;aid Highne&s;&s;e the Lord Protector.</P>
<P>And the &s;ame Jurors further &s;ay upon their Oath, that the &s;ame day of the taking this Inqui&s;ition, <HI>R. J.</HI> of <HI>G.</HI> in the County of <HI>N.</HI> afore&s;aid Yeoman, was in|debted to the above named <HI>R. T.</HI> in the whole &s;um of twenty pounds for Rent. And al&s;o that there is now in the hands of the &s;ame <HI>R. J.</HI> divers Goods and Chat|tels of the &s;aid <HI>R. T.</HI> (that is to &s;ay) one long Table, <HI>&amp;c.</HI> which goods and Chattels together are of the va|lue of 40 s. All which &s;aid debt of twenty pounds, and the Goods and Chattels of the &s;aid value of 40 s. l the Sheriff afore&s;aid the &s;ame day of the taking of this In|qui&s;ition, have al&s;o &s;ei&s;ed into the hands of his &s;aid Highne&s;&s;e the Lord Protector, as in the hands of the afore&s;aid <HI>R. I.</HI></P>
<P>And the afore&s;aid Jurors moreover &s;ay upon their Oaths that the within named <HI>R. T.</HI> hath no other or more Lands or Tenements at the afore&s;aid day he be|came debtor &s;o as above&s;aid, nor at any time &s;ince, nor hath he any other or more goods or chattels at the time of the taking this Inqui&s;ition in my Bayliwick to the knowledge of the &s;aid Jurors. In witne&s;&s;e, <HI>&amp;c.</HI></P>
<CLOSER><SIGNED>R. <HI>S.</HI> <ABBR>E&s;q</ABBR> &s;heriff.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="writ">
<DIV2 TYPE="body of writ">
<P><NOTE PLACE="marg">The returne of a <HI>&s;cir. &s;ac.</HI> agaix&s;t the heir and ter-tenants where notice is given.</NOTE>By vertue of this Writ to me directed by <HI>W. G.</HI> and <HI>E. D,</HI> hone&s;t and lawfull men of my Baliwick, I have given notice to <HI>R W.</HI> within named, Son and Heire of <HI>R. W.</HI> within mentioned, decea&s;ed. And to <HI>W. R.</HI> and <HI>I. H.</HI> Gent. Tertenants of divers Lands and Tene|ments in my Bayliwick, of which the &s;aid <HI>R. W.</HI> the Fther was in his life time &s;ei&s;ed in his Deme&s;ne as of Fee on the morrow of <HI>All Soules</HI> within &s;pecified; That they be before the Ju&s;tices within mentioned at the day and place within contained to &s;hew, <HI>&amp;c.</HI> as within it is commanded.</P>
<CLOSER><SIGNED><HI>R. S.</HI> <ABBR>E&s;q</ABBR> &s;heriff.</SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="pledges">
<LIST>
<PB N="235" REF="131">
<HEAD><NOTE PLACE="marg">The return of a &s;ummons in Dower.</NOTE>Pledges of pro&s;ecuting</HEAD>
<ITEM>Io: Doo. <HI>&amp;</HI></ITEM>
<ITEM>Ric. Roo.</ITEM>
</LIST>
<CLOSER>Summoners of the within named <SIGNED><HI>H.W. R.M.</HI> &amp; <HI>R. B.</HI></SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="postscript">
<P>And further by vertue of this Writ the 3d day of <HI>Ia:</HI> in the yeare within written, I made publique procla|mation according to the forme of the Stat. and the exi|gence of this Writ.</P>
<CLOSER><HI>R. S.</HI> <ABBR>E&s;q</ABBR>
<SIGNED>Sheriff.</SIGNED></CLOSER>
</DIV2>
</DIV1>
</BODY>
</TEXT></Q>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The Oath of the Sheriffe.</HEAD>
<P>YOu &s;hall &s;weare, that you &s;hall well and truly &s;erve his Highne&s;&s;e the Lord Protector in the Of|fice of the Sheriffe of the County of <HI>York&s;hire,</HI> and do the Common-wealth profit in all things that belong|eth to you to do by way of your office, as far forth as you can or may. You &s;hall truly keep the Common-wealths right, you &s;hall not a&s;&s;ent to decrea&s;e, or le&s;|&s;ening, or to concealment of his Highne&s;&s;e rights, or of his Franchi&s;es. And what&s;oever you have know|ledge that his Highne&s;&s;e rights have been concealed or with-drawn, to be in Lands, Rents, Franchi&s;es, or Suits, or any other things, you &s;hall do your true power to make them be re&s;tored to his Highne&s;&s;e a|gain. And if you may not do it, you &s;hall certifie his Highne&s;&s;e the <HI>Lord Protector,</HI> his Councel, or &s;ome of them thereof: You &s;hall not re&s;pite his High|ne&s;&s;es debts for any gift or favour, where you may rai&s;e them without great grievance to the debtors: You &s;hall truly and rightfully treat the people of your Sheriff-wick, and do right as well to poor as to rich,
<PB N="236" REF="132">
in all that belongeth to your office: You &s;hall do no wrong to any man for any gift, or other behe&s;t or pro|mi&s;e of goods for favour nor hate; You &s;hal di&s;turb no mans right; You &s;hall truly acquit at the Exchequer all tho&s;e of whom you &s;hall receive any thing of his Highne&s;&s;es debts. You &s;hall take nothing where|by his Highne&s;&s;e or the Common-wealth may loo&s;e, or whereby the right may be letted or di&s;turbed, and his Highne&s;&s;e or the Common-wealth delayed. You &s;hall truly returne, and truly &s;erve all his Highne&s;&s;es Writs, as far forth as &s;hall be to your cunning. You &s;hall not have to be your under-Sheriff any of the She|rifs of the la&s;t yeare pa&s;t. You &s;hall take no Baylif in|to your &s;ervice, but &s;uch as you will an&s;wer for; you &s;hall make Oath of your Baylifs to make &s;uch oath as you make your &s;elf in that which appertaineth to their occupation; you &s;hall receive no Writ by you nor any of yours un&s;ealed, or any &s;ealed under the &s;eale of a|ny Ju&s;tice, &s;aving the Ju&s;tices of A&s;&s;ize, or Ju&s;tice a&s;|&s;igned in the &s;ame Shire where you are <HI>Sheriffe,</HI> or o|ther Ju&s;tices having power and authority to make any Writs unto you by the Law of the Land, or of the Ju&s;tices of <HI>Newgate;</HI> you &s;hall make your Bayliffs of true and &s;ufficient men in the Countrey. Al&s;o you &s;hall do all your power and diligence to de&s;troy and make to cea&s;e all manner of Here&s;ies and Errors, com|monly called Lollaries, within your Bayliwick from time to time to all your power, &amp; a&s;&s;i&s;t and be helping to all the Ordinaries and Commi&s;&s;aries. <HI>You</HI> &s;hall be dwelling in your own proper per&s;on within your Bay|liwick for the time you &s;hall be in the &s;ame Office, ex|cept you be otherwi&s;e licenced by his Highne&s;&s;e the <HI>Lord Protector. You</HI> &s;hall not let your Sherifwick, nor any Bayliwick thereof to any man. <HI>You</HI> &s;hall truly &s;et and return rea&s;onable and due i&s;&s;ues of them that be within your Bailiwick after their e&s;tate and behaviour, and make your pannels your &s;elfe of &s;uch per&s;ons as be next, mo&s;t &s;ufficient, and not &s;u&s;pect nor procured, as it is by the Statutes provided. And over this; in e&s;chewing and re&s;traint of Man-&s;laughters, Robberies, and other manifold grievous offences that be done daily, namely by &s;uch as name them&s;elves Souldiers,
<PB N="237" REF="132">
and by other Vagrants, the which increa&s;e in number, and multiply, &s;o that the people of this <HI>Common-wealth</HI> may not in &s;afety ride, nor goe to doe &s;uch things as they have to do, to their intolerable hurt and hinder|ance. <HI>You</HI> &s;hall truly and effectually with all diligence po&s;&s;ible to your power execute the Statutes, as the Statute of <HI>Winche&s;ter,</HI> and for <HI>Vagabonds. All the&s;e things you &s;hall truly ob&s;erve and keepe, as God you helpe,</HI> &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>An Indenture by a high Sheriffe, de|puting one to be his under-Sheriff.</HEAD>
<P><NOTE PLACE="marg">A covenant by the under &s;heriff hone&s;tly to exe|cute the office, &amp; to do every thing which may law|fully be done by him without the pre&s;ence of the high Sherif, and there to di&s;|charge the Sher. </NOTE><HI>THIS INDENT&V;RE</HI> made, <HI>&amp;c.</HI> between <HI>A. B.</HI> of <HI>R.</HI> in the County of <HI>Yorke</HI> E&s;quire, <HI>Sheriffe</HI> of the &s;aid County of the one part; And <HI>C. D.</HI> of <HI>W.</HI> in the &s;aid County, Gent. of the o|ther part, <HI>witne&s;&s;eth;</HI> That the &s;aid <HI>A. B.</HI> of a&s;&s;ured hope, confidence, and tru&s;t that he hath, that the &s;aid <HI>C. D.</HI> will hone&s;tly, uprightly, and &s;ufficiently di&s;charge the office and duty of Under-&s;herif, a&s;well towards his Highne&s;&s;e the <HI>Lord Protector,</HI> as all the people of this <HI>Common-wealth</HI> of <HI>England,</HI> and therein di&s;|charge him the &s;aid <HI>Sheriffe,</HI> and for the con&s;ideration hereafter mentioned, hath been plea&s;ed and contented to a&s;&s;igne, depute, ordaine, con&s;titute and make, and by the&s;e pre&s;ents doth a&s;&s;igne, depute, ordaine, con&s;titute and make the &s;aid <HI>C. D.</HI> his Under-&s;heriffe of the &s;aid County of <HI>Yorke,</HI> authorizing hereby the &s;aid <HI>C. D.</HI> according to the Covenants and Agree|ments by the&s;e pre&s;ents contained, to execute, per|&s;orme, and do all that which to the duty and office of Under-&s;heriffe of the &s;aid County of <HI>Y.</HI> &s;hall ap|pertaine, or to the <HI>Sheriffe</HI> of the &s;aid County, with|out the per&s;onall pre&s;ence of the &s;aid <HI>Sheriffe</HI> may be executed and done, and al&s;o to receive and take to his owne u&s;e, all manner of duties and lawfull free commodities, profits and advantages to the &s;ame office belonging, or in any wi&s;e lawfully appertaining,
<PB N="238" REF="133">
during &s;uch time as the &s;aid <HI>A. B.</HI> &s;hall continue She|riffe of the &s;aid County, in con&s;ideration whereof, the &s;ayd <HI>C. D.</HI> for him&s;elfe, his Heires, Executors, and Admini&s;trators, doth covenant, promi&s;e, and grant, to and with the &s;aid <HI>A. B.</HI> his Executors, Ad|mini&s;trators, and A&s;&s;ignes, and every of them by the&s;e pre&s;ents; That he the &s;aid <HI>C. D.</HI> &s;hall and will during &s;uch time as the &s;aid <HI>A. B.</HI> &s;hall continue, remain, and be Sheriff of the &s;aid County of <HI>Y.</HI> hone&s;tly, truly, and &s;ufficiently execute and doe the office and duty of an Under-&s;heriff in the &s;aid County of <HI>Y.</HI> And &s;hall and will well and &s;ufficiently do and execute for and in the name of the &s;aid Sheriffe, all and every thing and things concerning the office of the &s;aid Sheriffe of the &s;aid County of <HI>Y.</HI> which without the per&s;onall pre&s;ence of the &s;aid high Sheriff may lawfully be done and executed, and thereof &s;hall di&s;charge the &s;aid high Sheriff his Heirs, Executors, and Admini&s;tra|tors.</P>
<P>And furthermore, the &s;aid <HI>C. D.</HI> for him, his Heirs, Executors, and Admini&s;trators, and every of <NOTE PLACE="marg">And that nei|ther he nor his &s;ervant, <HI>&amp;c.</HI> will receive or do a|ny thing by co|lour of his office contrary to the Laws, Cu&s;tomes or &s;tatutes of the Common-wealth in prejudice of the Sheriff, <HI>&amp;c.</HI></NOTE> them doth covenant, promi&s;e, and grant to, and with the &s;aid <HI>A. B.</HI> his Heirs, Executors, and Admini|&s;trators, and every of them by the&s;e pre&s;ents, that nei|ther the &s;aid <HI>C. D.</HI> his Servant, Deputy, A&s;&s;ignee, Clark, or Bayliffe, by him to be a&s;&s;igned, &s;hall or will by colour of his &s;aid Office, Deputation or A&s;&s;ignment extort, levy, receive any manner of thing or things which by the Lawes, cu&s;tomes, or &s;tatutes of the Common-wealth are or &s;hall be prohibited, or not allowed, whereby the &s;aid Sheriff, his Heirs, Exe|cutors, or Admi&s;trators, or any of them may in any wi&s;e be either in their per&s;ons, goods, or lands, law|fully defamed, impeached, charged, impaired, mole&s;t|ed, or troubled.</P>
<P>And further the &s;aid <HI>C. D.</HI> for him&s;elfe, his Heirs, Executors, and Admini&s;trators, <NOTE PLACE="marg">Covenant by the &V;nder|&s;heriff, to appoint &s;ufficient Deputies or Attorneys in all Courts, accu&s;tomed to receive Writs, <HI>&amp;c.</HI> to do every thing concerning them, <HI>&amp;c.</HI> to make &s;ufficient Deputies in all parts of the County according to the Lawes and Statutes.</NOTE> and every of them, doth covenant, promi&s;e, and grant to &amp; with the &s;aid <HI>A. B.</HI> his Heirs, Excutors, and Admini&s;trators, and every of
<PB N="239" REF="133">
them by the&s;e pre&s;ents, That he the &s;aid <HI>C. D.</HI> &s;hall and will a&s;&s;igne and appoint &s;ufficient Deputies and Attor|neys in all Courts accu&s;tomed, a&s;well to receive writs, warrants, precepts and commandements to the &s;aid Sheriff to be directed, and to make proce&s;&s;e thereof, and to do all thing and things for the executing, &s;er|ving, and &s;ufficient returning thereof; And al&s;o &s;hall make and appoint a &s;ufficient number of Deputies in all parts of the &s;aid County of <HI>Y.</HI> according to the Lawes and Statutes of this Common-wealth.</P>
<P><NOTE PLACE="marg">That he is to give notice to the high Sheriff of all things to be done by him, in his proper per&s;on, and thereto will be a&s;si&s;tant, and will beare all charges thereof, except mans meate and hor&s;e meat. </NOTE>And he the &s;aid <HI>C. D.</HI> &s;hall and will from time to time, give rea&s;onable notice and warning unto the &s;aid <HI>A. B.</HI> of all &s;uch things as &s;hall be requi&s;ite and nece&s;&s;ary for the &s;aid <HI>A. B.</HI> Sheriff of the &s;aid County, or by rea&s;on of his &s;aid office in his owne per&s;on to do or execute, and therein at all times in his owne per|&s;on, or by his &s;ufficient Deputy, &s;hall be ayding and a&s;&s;i&s;ting as well for the doing and executing there|of, and the returning thereof: As al&s;o &s;hall bear and pay all &s;uch charges thereof, as to the Sheriff by rea&s;on of the &s;aid office &s;hould appertain (except mans meat and hor&s;e meat.</P>
<P>And al&s;o the &s;aid <HI>C. D.</HI> for him&s;elfe, his Heires, <NOTE PLACE="marg">Covenant to re|ceive all proce&s;s wherewith the high Sheriff is chargeable, &amp; to collect all fines, i&s;sues, amercia|ments, <HI>&amp;c.</HI> and to pay the &s;ame at &s;uch times as the Sheriff is chargeable to pay the &s;ame to his Highne&s;&s;es u&s;e, and thereof to acquit &amp; di&s;|charge the She|riff.</NOTE> Executors, and Admini&s;trators, and every of them doth covenant, promi&s;e, and grant to and with the &s;aid <HI>A. B.</HI> his Heirs, Executors, and Admini&s;trators, and every of them by the&s;e pre&s;ents, that the &s;aid <HI>C. D.</HI> his Heires, Executors, Admini&s;trators, or A&s;|&s;ignes, &s;hall and will well and truly from time to time receive all &s;uch extracts and proce&s;&s;e what&s;oever, wherewith the &s;aid <HI>A. B.</HI> as Sheriff of the &s;aid County of <HI>Y.</HI> is or &s;hall be chargeable to receive, and that the &s;aid <HI>C. D.</HI> his Heires, Executors, Admini&s;trators and A&s;&s;gnes, &s;hall and will well and truly collect, levy, and gather all Fines, I&s;&s;ues and Amerciaments, Sei&s;ures, Fee-farms, Rents, Profits, Certainties, Pipe-&s;ilver, Chequer-&s;ilver, and all manner of Debts, Duties and Demands what&s;oever, wherewith the &s;aid <HI>A. B.</HI> as Sheriff of the &s;aid County of <HI>Y.</HI> his <HI>Heirs, Executors,</HI> and <HI>Admini&s;trators,</HI> their or any of their Goods, Chat|tels,
<PB N="240" REF="134">
or Lands, may in any wi&s;e be charged, or char|geable, and the &s;ame to pay to his Highne&s;&s;es u&s;e at &s;uch times as the &s;aid <HI>A. B.</HI> is charged or chargeable to pay the &s;ame, and thereof, and of every part and parcel thereof, to acquit and di&s;charge as wel the &s;aid <HI>A. B.</HI> his <HI>Heires, Executors,</HI> and <HI>Admni&s;trators,</HI> and every of them, as al&s;o all and &s;ingular their and every of their Goods and Chattels, Mannors, Me&s;&s;uages, Lands, Tenements, and Hereditaments: And al&s;o that he the &s;aid <HI>C. D.</HI> his <HI>Heires, Executors, Admini&s;tra|tors,</HI> or <HI>A&s;signes,</HI> &s;hall and will from time <NOTE PLACE="marg">And that he will acquit, <HI>&amp;c.</HI> di&s;charge, or &s;ave harmle&s;s the &s;herif, <HI>&amp;c.</HI> his goods, <HI>&amp;c.</HI> lands, from all Executions of pri&s;oners, <HI>&amp;c.</HI> And from all forfei|tures, fines, amerciaments, <HI>&amp;c.</HI> by rea&s;o~ of anymisfea|&s;ance, or non-fea&s;ance, <HI>&amp;c.</HI> of him, his Deputy, At|torney, <HI>&amp;c.</HI> And that he will not intermeddle with the execution or returning of any Letters, <HI>&amp;c.</HI> from his Highne&s;&s;e, or his Pri|vy Councell without the direction of the Sheriff.</NOTE> to time, acquit and di&s;charge, or otherwi&s;e &s;ufficiently &s;ave and keep harmle&s;&s;e the &s;aid <HI>A. B.</HI> his <HI>Heires, Executors, Admini&s;trators,</HI> and <HI>A&s;signes:</HI> And al&s;o all his &amp; their goods and chattels, Lands, Tenements, and Here|ditaments what&s;oever, of and from all man|ner of Execution, or of Executions of pri&s;o|ners what&s;oever which to the office of She|ri&s;wick &s;hall appertain, forfeitures, fines, amerciaments, impri&s;onments, paines, pe|nalties, or impo&s;itions what&s;oever, to be charged, levyed, or impo&s;ed upon the &s;aid <HI>A: B.</HI> Sheriff of the &s;aid County of <HI>Y.</HI> his <HI>Heires, Executors, Admini&s;trators,</HI> or <HI>A&s;|&s;ignes,</HI> his or their, or either of their goods or chattels, Lands, Tenements, or Here|ditaments, by rea&s;on of any mi&s;-fea&s;ance, or non-fea&s;ance, omi&s;&s;ions, default, delay, con|tempt, or cau&s;e what&s;oever, of the &s;aid <HI>C. D.</HI> his De|puty or Deputies, Attorney or Attorneys, Clark or Clarks, Bayliff or Bayliffs, or other per&s;on what|&s;oever, not doing, or in&s;ufficient doing his or their duty concerning the &s;aid office of Sheriffe or Under-&s;heriffe. And that neither he the &s;aid <HI>C. D.</HI> nor any his A&s;&s;ignes, Deputies, Clarks, or Attorneys, &s;hall or will intermeddle with the execution or returning of any Leters or commandements from his Highne&s;s the Lord Protector, or any of his Highne&s;&s;es Privy Coun|cell, without the privity, notice and direction of the &s;aid <HI>A. B.</HI> then fir&s;t had: And the &s;aid <HI>C. D.</HI> for him|&s;elfe, his <HI>Heires, Executors, Admini&s;trators</HI> and <HI>A&s;|&s;ignes,</HI>
<PB N="241" REF="134">
and every of them doth further co|venant and grant, to and with the &s;aid <NOTE PLACE="marg">Covenant &s;afely to keep the Pri&s;oners commit|ted to his cu&s;tody, un|till they are delivered to the Gaole, there &s;afely to be kept by the Gao|ler, till by cour&s;e of Law they &s;hall, he delivered, <HI>&amp;c.</HI> to execute pri&s;o|ners attainted accor|ding to their judge|ment.</NOTE> <HI>A. B.</HI> his Heires, Excutors, and Admi|ni&s;trators by the&s;e pre&s;ents, that hee the &s;aid <HI>C. D.</HI> &s;hall receive into his cu&s;tody all pri&s;oners to be committed to his charge, and them &s;a&s;ely and hone&s;tly &s;hall keepe, untill they &s;hall be brought and delivered into the Goale or Pri&s;on of the &s;aid County, there to be &s;afely kept, by the Gaoler or keeper of the &s;ame Gaole or Pri&s;on, untill by due cour&s;e of Law they &s;hall be delivered. And of &s;uch pri&s;oners as &s;hall be convicted or attainted, &s;hall make, or cau&s;e to be made due Execution, according unto the qua|lity of the judgement again&s;t every of them to be pronounced.</P>
<P><HI>AND</HI> that the &s;ame <HI>C. D.</HI> &s;hall and will within &s;ixe dayes next before the <NOTE PLACE="marg">That he will within &s;ixe dayes before every Terme deliver a Cer|tificate in writing of all Executions come to his hands with the name for whom it is to be executed, and the name again&s;t whom, <HI>&amp;c.</HI> and the &s;ums to be levyed, and what is done therein.</NOTE> beginning of every Terme, which &s;hall be during the time of the &s;aid Sheriffe-wicke well and truly deliver and cer|tifie unto the &s;aid <HI>A. B.</HI> a true Note or Certificate in writing un|der his hand of all &s;uch VVrits of Execution what&s;oever, as before the Terme &s;hall be come to his hands, with the name and &s;ir-name of the party and parties for whom the &s;aid Execution is to be done; and al&s;o the name and &s;ir-name again&s;t, whom the &s;ame is to be executed, and the &s;umme, and &s;ummes of money there|by &s;everally to bee levyed, and what is done therein, upon every &s;uch WRIT or PROCES.</P>
<P><NOTE PLACE="marg">Grant, that the under-&s;heriff may in the name of the Sheriff a&s;signe over a|ny bond to be taken for ap|pearance, <HI>&amp;c.</HI> to any per|&s;on, thereby to compel the parties to appeare, and to &s;ave harmle&s;&s;e the Sherif, <HI>&amp;c.</HI> And that the under-&s;heriff may commence any action upon &s;uch bonds, to enforce the parties to ap|pear, to &s;ave harmle&s;s the Sheriff, and that he will ju&s;tifie all &s;uits lawfully taken. And that it &s;hall be lawfull for him to re|tain the money recovered to his owne u&s;e, towards his owne charges, for the not appearance of the par|ties, &s;o that he will &s;tand to the order of the Sheriff for the over-plus.</NOTE><HI>In Con&s;ideration</HI> of all which premi&s;&s;es, the &s;aid <HI>A. B.</HI> is contented and plea&s;ed that the &s;aid <HI>C. D.</HI> &s;hall or may in the name
<PB N="242" REF="135">
of the &s;aid <HI>A. B.</HI> a&s;&s;igne and &s;et over any bond to be taken in the name of the &s;aid Sheriff, for appearance or di&s;charge of pro|ce&s;&s;e to any per&s;on or per&s;ons, to the intent thereby to compell the parties to appeare, to &s;ave and keepe harmle&s;&s;e the &s;aid Sheriff and Under-&s;heriffe of any Fine or Amercia|ment thereby: And al&s;o that the &s;aid <HI>C. D.</HI> may commence or take his Action upon any &s;uch bond, for the inforcing the &s;aid parties therein bound to bring forth the party or parties, for who&s;e appearance they were become bound, thereby to &s;ave him|&s;elfe harmle&s;&s;e of &s;uch Fine and Amercia|ments, as &s;hall be impo&s;ed or layd upon the &s;aid Sherif for not bringing forth the &s;aid party or parties; All which &s;uits being law|fully taken for the cau&s;es afore&s;aid, the &s;aid <HI>A. B.</HI> doth covenant and promi&s;e to avow and ju&s;tifie, and that it &s;hall be law|full to and for the &s;aid <HI>C. D.</HI> his <HI>Executors</HI> and <HI>Admini&s;trators,</HI> and al&s;o for the &s;aid <HI>A&s;signes</HI> to retaine to their owne u&s;e, their &s;aid &s;um or &s;ummes to be recovered by rea&s;on of the &s;aid Bonds, towards their charges and lo&s;&s;es by rea&s;on of the not appearance of the &s;aid parties, &s;o alwayes that they and every of them, &s;hall &s;tand to the Or|ders and Directions of the &s;aid <HI>A. B.</HI> his <HI>Executors</HI> or <HI>Admini&s;trators</HI> for the over-plus thereof (if any &s;hall be) And the &s;aid <HI>C. D.</HI> for him&s;elfe, his <HI>Heires, Executors,</HI> and <HI>Admini&s;trators,</HI> <NOTE PLACE="marg">Covenant to &s;ave harm|le&s;&s;e the Sheriffe from all co&s;ts and damages which may be recovered again&s;t him upon any &s;uch &s;uit.</NOTE> and every of them, doth covenant and promi&s;e, to and with the &s;aid <HI>A. B.</HI> his <HI>Heires, Executors,</HI> and <HI>Admini&s;trators,</HI> to acquit and di&s;charge, or el&s;e to &s;ave harm|le&s;&s;e the &s;aid <HI>A. B. &amp;c.</HI> of and from all, and all manner of co&s;ts and damages, which may in any wi&s;e be awarded, adjudged, decreed or reco|vered again&s;t him or them by rea&s;on of any &s;uch &s;uit.</P>
<P><PB N="243" REF="135">
<HI>Finally,</HI> The &s;aid <HI>C. D.</HI> for him&s;elfe, his Heires, <NOTE PLACE="marg">Covenant by the under-&s;heriffe to pay before &s;uch day, all &s;ums due to his Highne&s;s, wherewith the Sheriffe is char|geable by rea&s;on of his office, <HI>&amp;c.</HI> and thereupon within three moneths next after procure a <HI>quietus e&s;t</HI> in full di&s;charge of his &s;aid office &amp; account.</NOTE> <HI>&amp;c.</HI> and every of them doth covenant, promi&s;e and grant, to and with the &s;aid <HI>A. B.</HI> his Heires, <HI>&amp;c.</HI> and every of them by the&s;e pre&s;ents, that he the &s;aid <HI>C. D.</HI> his <HI>Executors,</HI> &amp;c. &s;hall and will on this &s;ide the Fea&s;t day of the Purification of our ble&s;&s;ed Vir|gin <HI>Mary,</HI> which &s;hall be in the yeare, <HI>&amp;c.</HI> well and truly di&s;charge and pay unto his Highne&s;&s;e the Lord Protector, his Heires, or Succe&s;&s;ors, all &s;uch &s;umme and &s;ummes of money, duties and demands, as &s;hall be due unto his Highne&s;&s;e, his Heires or Succe&s;&s;ors, wherewith the &s;aid <HI>A. B.</HI> &s;hall be char|ged or chargeable as Sheriffe, or by rea&s;on of the &s;aid Office of Sherifwick of the &s;aid County of <HI>Y.</HI> and thereupon within three moneths next en&s;uing &s;hall procure unto the &s;aid <HI>A. B.</HI> his Heires, <HI>&amp;c.</HI> a &s;uffi|cient di&s;charge and <HI>quietus e&s;t,</HI> in full di&s;charge of his &s;aid office and account.</P>
<P><HI>Provided alwayes,</HI> That if the &s;aid <HI>C. D.</HI> his De|puty <NOTE PLACE="marg">Provi&s;o, that if the under-&s;heriff or his Deputy, <HI>&amp;c.</HI> &s;hall doe or leave undone a|ny thing belong|ing to the office, whereby to charge the She|riff above the &s;um of, <HI>&amp;c.</HI> that then it &s;hall be lawfull for the Sheriff to grant the office to ano|ther.</NOTE> or Deputies, Attorney, or Attorneys, Clark, or Clarks, Deputy, or Deputies, or any of them, at any time during the &s;aid office, &s;hall commit, do, or &s;uffer to be done, any manner of act, or acts, thing or things what&s;oever, or &s;hall omit or leave undone any act, or acts, thing or things what|&s;oever, belonging to the &s;aid office of Sheriffe of the &s;aid County of <HI>Yorke,</HI> or by colour of the &s;aid Office; by rea&s;on whereof, the &s;aid <HI>A. B.</HI> his Executors, Admini&s;trators, or A&s;&s;ignes, or his or their <HI>Goods</HI> or <HI>Chattels, Lands, Tenements,</HI> and <HI>Hereditaments,</HI> or any of them, may in any wi&s;e be charged, or chargeable, above the &s;umme of, <HI>&amp;c.</HI> That then, and from thenceforth it &s;hall be lawfull to, and for the &s;aid <HI>A. B.</HI> to grant, a&s;|&s;igne, and depute the Execution of the &s;aid office of Under-&s;heriffe, for the re&s;idue of the &s;aid time then to come, to any per&s;on or per&s;ons: And that then, and from thenceforth, it &s;hall be law|full to and for all &s;uch A&s;&s;ignee and Deputy, to have and take all the &s;ees and commndities, profits, and advantages, from thenceforth to the &s;aid office
<PB N="244" REF="136">
belonging, or in any wi&s;e appertaining, This In|denture or any thing therein contained, or any other matter or cau&s;e concerning the A&s;&s;ignement or deputation of the &s;aid Under-&s;herifwicke in any wi&s;e notwith&s;tanding.</P>
<P>And the &s;aid <HI>A. B.</HI> for him, his Heires, <HI>&amp;c.</HI> doth covenant &amp; grant to and with the <NOTE PLACE="marg">Covenant by the Sheriff to deliver cancelled to the under-&s;heriffe, all the &s;e|curity given by him for the execution of his office, or for the &s;aving harmle&s;s of the Sheriff, within three moneths after he &s;hall have procured a <HI>quietus e&s;t.</HI></NOTE> &s;aid C. D. his Heires, &amp;c. by the&s;e pre|&s;ents; That he the &s;aid <HI>A. B.</HI> his Heires, &amp;c. &s;hall or will deliver, or cau&s;e to be delivered to the &s;aid C. D. his Heires, &amp;c. to be cancelled, all &s;uch Bonds, and Ob|ligations, wherein any per&s;on or per&s;ons &s;hall be, or &s;tand bound, for, or in the behalfe of the &s;aid C. D. to the &s;aid <HI>A. B.</HI> for, or in re&s;pect of the Execution of the &s;aid Office of the &s;aid Under-&s;herifwicke, or for the &s;aving harmle&s;&s;e of the &s;aid <HI>A. B.</HI> con|cerning the &s;aid Office of High Sheriffe, within three moneths next after the &s;aid C. D. his Heires, &amp;c. &s;hall procure or deliver to the &s;aid <HI>A. B.</HI> his Heyres, &amp;c. a <HI>Quietus e&s;t</HI> out of his Highne&s;&s;e Court of Exchequer, for his di&s;charge of his &s;aid Office, and the Bond of the &s;aid C. D. to remain for the &s;aving harmle&s;&s;e of the &s;aid <HI>A. B.</HI> his Heirs, Executors, and Admini&s;trators, of Amerciaments and other Impo&s;itions touching the &s;aid office.</P>
<P>And whereas by an Agreement made <NOTE PLACE="marg">An agreement between the under-&s;heriff, and one <HI>E. F.</HI> by which the un|der-&s;heriffe doth acknow|ledge that he is to pa&s;s the whole account, <HI>&amp;c.</HI> and to get a di&s;charge for the &s;ame, and for that pur|po&s;e the Sheriffe hath &s;e|curity: Neverthele&s;&s;e for the better &s;ecurity, the Sheriffe doth by the&s;e pre|&s;ents binde the &s;aid <HI>E. F.</HI> &amp;c.</NOTE> betweene the &s;aid C. D. and one E. F. Gentleman, whom the &s;aid <HI>A. B.</HI> hath appointed Under-&s;heriffe for the County of YORKE, it is acknowledged and affirmed by the &s;aid C. D. before the &s;eal|ing of the&s;e Indentures, that the &s;aid C. D. his Executors, Admini&s;trators or A&s;|&s;ignes, is to pa&s;&s;e the whole account of the &s;aid <HI>A. B.</HI> and to execute, levy, gather up, extend, bring in, and pay all &s;uch &s;ei&s;ures, extents, proce&s;&s;e, Chequer &s;il|ver, duties and demands, charges, &s;um,
<PB N="245" REF="136">
and &s;ummes of money what&s;oever, how&s;oever, or where&s;oever, as the &s;aid <HI>A. B.</HI> his Heires, Execu|tors, or Admini&s;trators, &s;hall be in any Court or Courts, place or places, any way charged or char|geable unto, or withall as Sheriff of the &s;aid County of Y. at and according to the place and places, time and times, limited in the&s;e Indentures, for the &s;aid C. D. to do and performe, and thereupon &s;hall al&s;o acordingly within &s;ixe moneths next en&s;uing the time within limited, procure unto the &s;aid <HI>A. B.</HI> his Heires or A&s;&s;ignes, a &s;ufficient di&s;charge, and <HI>quietus e&s;t</HI> in full di&s;charge of the &s;aid office and ac|count.</P>
<P>And the &s;aid <HI>A. B.</HI> hath to that end al&s;o &s;ecurity of two thou&s;and pounds from the &s;aid C. D. and his &s;ureties, for the performance of the like covenant a|mong&s;t other covenants in the Indenture &s;pecified, which are made between the &s;aid <HI>A. B.</HI> and the &s;aid <HI>C. D.</HI> And yet notwith&s;tanding the &s;aid <HI>A. B.</HI> for his better &s;ecurity doth by the&s;e pre&s;ents binde and tye the &s;aid <HI>E. F.</HI> his Executors, Admini&s;trators, or A&s;&s;ignes, to the doing and performing of the &s;ame. Al&s;o the &s;aid <HI>A. B.</HI> is well plea&s;ed and contented, and <NOTE PLACE="marg">Covenant by the Sheriff, not to charge the &s;aid <HI>E. F. &amp;c.</HI> if he may be relieved and &s;aved harm|le&s;&s;e by the un|der&s;heriff and his &s;ureties.</NOTE> for him&s;elfe, his Executors, and Admini&s;trators, doth covenant, promi&s;e, and grant, to and with the &s;aid <HI>E. F.</HI> his Executors, Admini&s;trators, and every of them, that if the &s;aid <HI>A. B.</HI> his Heirs, Exe|cutors, Admini&s;trators, and A&s;&s;ignes, &s;hall or may be relieved, &s;aved harmle&s;&s;e, or indempnified for and concerning the fore-recited covenants and agree|ments by the &s;ayd C. D. his Executors, and A&s;&s;igns, and his &s;ureties, that then he the &s;aid <HI>A. B.</HI> his Ex|ecutors, Admini&s;trators, or A&s;&s;ignes, &s;hall or will not take any benefit or advantage of the &s;aid covenants and agreements again&s;t the &s;aid <HI>E. F.</HI> his Heirs, Exe|cutors, Admini&s;trators, or A&s;&s;ignes, or any his &s;ure|ties, or any of them. In witne&s;&s;e whereof, <HI>&amp;c.</HI></P>
<DIV4 TYPE="subsection">
<PB N="246" REF="137">
<HEAD>Or Thus.</HEAD>
<P><HI>THIS INDENTURE</HI> made, <HI>&amp;c.</HI> in the year, <HI>&amp;c.</HI> Betweene <HI>A. B.</HI> of <HI>R.</HI> in the County of <HI>Yorke,</HI> <ABBR>E&s;q</ABBR> (now high Sheriffe of the &s;aid County) of the one part, and C. D. of, <HI>&amp;c.</HI> in the &s;aid County, Gentleman, of the other part. Whereas his Highne&s;&s;e, <HI>RICHARD,</HI> Lord Pro|tector of the Common wealth of <HI>England, Scotland, Ireland,</HI> and the Dominions and Territories there|unto belonging. By his Highne&s;&s;e Letters Patents under the Great Seale of <HI>ENGLAND,</HI> bearing date the &s;eventeenth day of this in&s;tant <HI>November,</HI> have made, nominated, con&s;tituted, a&s;&s;igned, and appointed the &s;aid <HI>A. B</HI> to be High Sheriffe of the &s;aid County of <HI>YORKE</HI> during his plea|&s;ure.</P>
<P><HI>Now</HI> this Indenture witne&s;&s;eth, That the &s;aid <HI>A. B.</HI> for the good opinion which he hath concei|ved of the &s;aid C. D. and of the tru&s;t and confi|dence which hee repo&s;eth in him, hath deputed, a&s;&s;igned, con&s;tituted, and ordained, and by the&s;e pre&s;ents doth depute, a&s;&s;igne, con&s;titute, and or|daine him the &s;aid C. D. to be his Under-&s;heriff, of, for, and in the &s;aid County of <HI>Yorke,</HI> during all the time that he the &s;aid <HI>A. B.</HI> &s;hall be and remaine Sheriffe of the &s;aid County, by force of the Letters Patents afore&s;aid, and doth hereby authorize the &s;aid C D. to &s;erve, exerci&s;e, and execute the &s;aid Office of Under-&s;heriffe of the &s;aid County under him the &s;aid <HI>A. B.</HI> in his name during all the time afore&s;aid. And the &s;aid <HI>A. B,</HI> as farre as in him lyes, doth al&s;o by the&s;e pre&s;ents grant unto the &s;aid C. D. that it &s;hall, and may be lawfull to and for the &s;aid C. D. by force hereof to appeare, an&s;wer, and &s;erve, and mini&s;ter as Under-&s;heriffe of the &s;aid County of <HI>York,</HI> for
<PB N="247" REF="137">
and in the name of the &s;aid <HI>A. B.</HI> as well in all places of the &s;aid County of York, as in all and every the Court and Courts within the Common-wealth of <HI>England,</HI> and before all and every the Ju&s;tices of <HI>Oyer</HI> and <HI>Terminer,</HI> Ju&s;tices of A&s;&s;ize and Goal-delivery, Ju&s;tices of the Peace, Coroners, and E&s;cheators, and other Officers and Commi&s;&s;ioners of this Common-wealth where the &s;aid <HI>A. B.</HI> by vertue of the &s;aid Office of Sheriff-wicke for the &s;aid County of YORKE, &s;hall be bound, or ought to appeare, an&s;wer, &s;erve, or be attendant, and to breake open, an&s;wer, returne and exe|cute for him the &s;aid <HI>A. B.</HI> in his name all Pro|ce&s;&s;e, VVrits, Precepts, VVarrants, Mandates, and Commandements to the Sheriffe of the &s;aid County directed, or hereafter to be directed out of any the Courts afore&s;aid, or from any the Ju|&s;tices, Coroners, or E&s;cheators afore&s;aid, and to doe, performe, and execute for him the &s;aid <HI>A. B.</HI> and in his name all and every thing and things, which by him the &s;aid <HI>A. B.</HI> by vertue of his Office of Sheriff-wicke of the &s;aid County of YORKE, is to be performed, exe|cuted, and done, &s;aving alwayes, and <NOTE PLACE="marg">Covenant, that the under &s;heriffe &s;hall not o|pen, returne, &s;erve, or execute any Writs for Knights for the Parlia|ment. Nor open, execute, or an&s;wer any Letters of his Highne&s;&s;e, or the Coun|cell, directed to the She|riffe without his &s;peciall warrant.</NOTE> excepting the &s;aid C. D. &s;hall not by ver|tue thereof be authorized to open, re|turne, &s;end, or execute any VVrit or VVrits for electing any Knights of the Shire, or Burge&s;&s;e of Parliament for the &s;aid County of YORKE, or any Bur|rough within the &s;aid County, nor open, execute, or an&s;wer any the Let|ters of his Highne&s;&s;e the <HI>LORD PRO|TECTOR,</HI> or the Councell, to bee di|rected unto the &s;aid Sheriffe of the &s;aid County of YORKE, without the &s;peciall warrant, direction or Commandement of him the &s;aid <HI>A. B.</HI> for that purpo&s;e.</P>
<P><HI>And</HI> further the &s;aid <HI>A. B.</HI> doth by the&s;e pre|&s;ents grant unto the &s;aid C. D. for the executing of the &s;aid Office, all the Fees, Duties, and Pro|fits
<PB N="248" REF="138">
to him due, ari&s;ing and growing, by the County Courts to be kept within the &s;aid Coun|ty of <HI>YORKE,</HI> and all other fees, rewards, du|ties, allowances and profits incident to the office of Sheriffe-wicke, or thereunto belonging, for which the &s;aid <HI>A. B.</HI> is or &s;hall be allowed by the Common Lawes of this Nation, <NOTE PLACE="marg">Covenant, that the &V;n|der-&s;heriffe &s;hall receive all dues and fees to his owne u&s;e, without ren|dering any account to the &s;aid Sheriff.</NOTE> or cu&s;tomes of the &s;aid County, either for the opening, returning, or executing of any VVrit, Precept, or Proce&s;&s;e, War|rant or Commandement what&s;oever; or for other executing of the &s;aid office, and which have not beene accepted heretofore, the ordinary Fees of any other his Bayliffs or other Officers, to have and enjoy the &s;aid duties, fees, rewards, allowances and other profits to his owne u&s;e without an accompt to be rendered to the &s;aid <HI>A. B.</HI> his Executors, or Admini&s;trators for the &s;ame.</P>
<P>And the &s;aid <HI>C. D.</HI> for and in con&s;ideration of the benevolence afore&s;aid, and for the free gift and grant of the &s;aid <HI>A. B.</HI> doth for him&s;elf, his Heirs, Ex|ecutors, Admini&s;trators, and A&s;&s;ignes, and every of them, covenant, promi&s;e, grant and agree, to and with the &s;aid <HI>A. B.</HI> his Heirs, Executors, and Admini&s;trators, and A&s;&s;ignes, by the&s;e pre&s;ents, <NOTE PLACE="marg">Covenant to execute the office without commit|ting extortion, <HI>&amp;c.</HI></NOTE> that he the &s;aid <HI>C. D.</HI> &s;hall and will at all times from and after the day of the date of the&s;e pre&s;ents, duely, diligently, lawfully and carefully &s;erve the &s;aid <HI>A. B.</HI> as his Deputy and Under-&s;heriffe of, in, and for the &s;aid County of <HI>YORKE,</HI> without do|ing or committing any kinde of extortion, or wil|full mi&s;-behaving of him&s;elf in the &s;aid office, and &s;hall and will duely and re&s;pectively execute the &s;aid office of Sheriff-wicke, under the name of the &s;aid <HI>A. B.</HI> in all points, &s;o farre forth as the&s;e pre&s;ents, the LAWES of the LAND, or other Licence or Commandement of the &s;aid <HI>A. B.</HI> &s;hall warrant or give liberty, and &s;hall and will in the name of the &s;aid <HI>A. B.</HI> and
<PB N="249" REF="138">
as his Deputy in the &s;aid office of under-Sheriff of the &s;aid County of <HI>Y.</HI> be an&s;werable, attendant and mini&s;ter in all Courts of his Highne&s;&s;e the Lord Protector by and before the &s;aid Ju&s;tices of A&s;&s;ize, Ju&s;tices of the Peace, and all Commi&s;&s;io|ners, E&s;cheators, Coroners, and other Officers of his Highne&s;&s;e the Lord Protector, before whom the &s;aid <HI>A. B.</HI> &s;hall be bound or required to <NOTE PLACE="marg">Covenant to exe|cute, an&s;wer, &amp; returne all pro|ce&s;&s;e, writs, pre|cepts and Com|mandmentsdire|cted to the She|riff, &amp;c.</NOTE> Mini&s;ter, an&s;wer, or be attendant in re&s;pect of the &s;aid office of Sheriffwick for the &s;aid County, and &s;hall and will execute and make an&s;wer, true and &s;ufficient return of all &s;uch proce&s;&s;e, writs, precepts, and commandments directed from his &s;aid Highne&s;s, or from every or any of the &s;aid Courts, Ju&s;tices, Commi&s;&s;ioners, E&s;cheators and other Officers a|fore&s;aid, as &s;hall be delivered to, or come to the hands of him the &s;aid <HI>C. D.</HI> his Deputie or Depu|ties, A&s;&s;ignee or A&s;&s;ignes, or &s;hall and will di&s;charge and &s;ave harmle&s;&s;e the &s;aid <NOTE PLACE="marg">Covenant, to &s;ave the Sheriff, &amp;c. harmle&s;&s;e, from all fines, i&s;&s;ues and amerciaments, &amp;c. for not executing, not filing, neglecting, mi&s;-execu|ting, &amp;c. any writs, proce&s;&s;e, precepts, war|rants, or commandments &amp;c. or other mi&s;demea|nors.</NOTE> <HI>A. B.</HI> his heires, Executors, and Admini|&s;trators, and his and their and every of their Lands, Tenements, Goods and Chat|tels, of and from all fines, i&s;&s;ues and a|merciaments, and other penalties, for&s;ei|tures, paines corporall and pecuniary what|&s;oever, whereby or wherewithall the &s;aid <HI>A. B.</HI> his heires, executors, or admini|&s;trators, or his, or their Lands, Tenements, Goods or Chatels &s;hall or may be charged or chargeable for his the &s;aid <HI>A. B.</HI> or the &s;aid <HI>C. D.</HI> not executing, not filing neglecting, mi&s;-execut|ing evill returning, not &s;erving, mi&s;-returning, or mis-filing any of the &s;aid Writs, Proce&s;&s;e, Precepts, Warrants, or Commandments afore&s;aid, or for the ab&s;ence evill attendance, or not attendance of the &s;aid <HI>A. B.</HI> or of the &s;aid <HI>C. D.</HI> or his Deputy as afore|&s;aid, or other mi&s;demeanors in the executing, not executing, or mi&s;executing of the &s;aid office in any thing which the &s;aid <HI>C. D.</HI> might by vertue of the&s;e pre&s;ents by him&s;elfe or his Deputies execute or performe other then from &s;uch fines,
<PB N="250" REF="139">
i&s;&s;ues, amerciaments, and other penalties as &s;hall be impo&s;ed or adjudged upon or again&s;t the &s;aid <HI>A. B.</HI> for or in re&s;pect of any offence, &s;ault, or negligence by the &s;aid <HI>A. B.</HI> at any time after the day of the date of the&s;e pre&s;ents committed, omitted, or done, or to be committed, omitted, or done by him&s;elfe in his own per&s;on, or by any other, except the &s;aid <HI>C. D.</HI> by his the &s;aid <HI>A B.</HI> his commandment or appointment without the con&s;ent of the &s;aid <HI>C. D</HI> And that the &s;aid <HI>C. D.</HI> &s;hall him&s;elfe or his &s;ufficient Deputy or <NOTE PLACE="marg">Covenant to keep all the County Courts of the &s;aid County at u&s;uall times &amp; places, &amp;c. And to appoint Attorneyes or Deputies of Re|cord in the Court of Record And con&s;titute Deputies in eve|ry Hundred, <HI>&amp;c.</HI></NOTE> Deputies duly and lawfully keep, or cau&s;e to be kept within the &s;aid County of <HI>Y.</HI> all and &s;ingular County Courts of the &s;aid County, at &s;uch times and places as heretofore hath been accu&s;tomed: And that he the &s;aid <HI>C D</HI> &s;hal and will make and appoint one or more At|torney or Attorneys, Deputy or Deputies of Record in the Courts of Record, now commonly called the Up|per Bench, Common Bench, and Exchequer, and in all other Courts and Offices wherein Attorneys are commonly appointed; And &s;o &s;hall and will ordain, appoint and make one or more able Deputy or Depu|ties for him the &s;aid <HI>A. B.</HI> in every hundred within the &s;aid County of <HI>Y.</HI> according to the Lawes and Statutes in the&s;e ca&s;es provided, &s;o that the &s;aid <HI>A. B.</HI> &s;hall not hereafter be liable to any penalty or forfeiture, for want of any &s;uch Attorney or Deputy, And &s;hall and will, <NOTE PLACE="marg">Covena~t to make ready, at his pro|per charges, the place where the A&s;sizes, &amp;c. &s;hall be holden.</NOTE> at his own proper co&s;ts and charges, appear, and make ready all &s;uch place and places where the A&s;&s;izes, Goal-delivery, or Se&s;&s;ions &s;hall be from time to time holden, meet and convenient, Courts, Bars, and all other things nece&s;&s;ary and convenient for the Ju&s;tices of A&s;&s;ize, and other Ju&s;tices to keep their A&s;&s;izes and Goal-delivery and Se&s;&s;ions in, and &s;hall and will from time to time give notice in convenient time to the <NOTE PLACE="marg">And &s;hall give notice to the She|rif in convenient time, of the times and places where his per&s;onall at|tendance &s;hall be requi&s;ite.</NOTE> &s;aid <HI>A. B.</HI> of every &s;uch time and times, place, and places, where the per&s;onall attendance of the &s;aid <HI>A. B.</HI> &s;hall be requi&s;ite and nece&s;&s;ary, &s;o as the &s;aid <HI>A. B.</HI> may be per&s;onally pre&s;ent at &s;uch times and places, when and where his per&s;onal appearance and atten|dance &s;hall be nece&s;&s;ary.</P>
<P><PB N="251" REF="139">
<NOTE PLACE="marg">Covenant to col|lect and levy to the u&s;e of his Highne&s;&s;e the goods of felons and fugitives &amp; of per&s;ons out|lawed, and of per&s;ons attaint and convict of trea&s;on murther or felony. And to collect &amp; gather up all fines, amercia|ments, extracts, certainties fee-farms, pipe-&s;il|ver, &amp;c which he &s;hall have warrant or au|thority to &s;eize, levy, or collect, &amp;c.</NOTE>And furthermore, that the &s;aid <HI>C. D.</HI> by and during the continuance of the &s;aid office, &s;hall and will well and truly collect, levy, gather, and &s;eize to the u&s;e of his Highne&s;&s;e the Lord Protector all the goods and chattels of &s;elons and fugitives, and of all per&s;ons outlawed, and put in Exigent, and of all per&s;ons at|tainted and convicted of trea&s;on, murder, or felony, which &s;hall happen within the &s;aid County of <HI>Y.</HI> du|ring the time afore&s;aid, which &s;hall be due or forfei|ted to his Highne&s;&s;e the Lord Protector by any wayes or means afore&s;aid, And &s;hall and will from time to time well and truly collect and gather up all Fines, Amerciaments, Extracts, Certainties, Fee-farms, Pipe-&s;ilver, for Licen&s;e, Concord for Fines, Green wax and all other &s;um and &s;ums of money, which to the collection of the &s;aid <HI>A. B.</HI> by rea&s;on of the Sherifwick of the &s;aid County &s;hall appertain or belong, and which the &s;aid <HI>C. D.</HI> &s;hall have warrant or lawfull Authority to &s;eize, levy, or collect, or which he &s;hall have notice of, and may rea&s;onably come by; and thereof, and of every part thereof, and of all other the i&s;&s;ues and revenues of the &s;aid County, and of all &s;ums of money due, or hereafter during the continuance of the &s;aid Office of Sheriffwick of the &s;aid County, doth or may appertain, &s;hal and will to his Highne&s;&s;e the L. Protector in the Court of Exchequer afore&s;aid, yield and give ju&s;t accompt, and a&s;&s;o that he <NOTE PLACE="marg">And &s;hall at &s;uch dayes and terms as the &s;aid <HI>A. B</HI> is, or &s;hall be required to enter into acco~pt of the Court of Exchequer, tou|ching the &s;aid office, the which the &s;aid <HI>C. D.</HI> &s;hall do in the name of the &s;aid <HI>A. B.</HI> Sheriff, &amp;c.</NOTE> the &s;aid <HI>C. D.</HI> his Executors or Admini&s;trators at &s;uch days and terms as he the &s;aid <HI>A. B.</HI> is or &s;hal be required to enter into accompt of the Court of Exchequer, for or touching the &s;aid Office, the &s;aid <HI>C. D.</HI> &s;hall and will enter into accompt in the &s;aid Court of Exchequer in the name of the &s;aid <HI>A. B.</HI> for and concerning the &s;aid Sherifwick of the &s;aid County of <HI>Y.</HI> in and upon which accompt the &s;aid <HI>C. D.</HI> his Executors and Admini&s;tra|tors, &s;hall and will truly an&s;wer, all &s;uch debts, duties, and &s;ums of moneyes, as the &s;aid <HI>C. D.</HI> his Deputies, Officers, or &s;ervants, or any of the Bailiffs, of any of the Hundreds of the &s;aid County &s;hall have received, or might have received, or wherewith the &s;aid <HI>A B.</HI> as Sheriff of the &s;aid County &s;hal be any ways charged or chargeable with upon the &s;ame accompt; And the &s;ame
<PB N="252" REF="140">
accompt &s;hall and will, at his the &s;aid <HI>C D.</HI> his own co&s;ts and charges, pro&s;ecute with effect, untill <NOTE PLACE="marg">And the &s;ame ac|compt &s;hall at his own co&s;ts and char|ges pro&s;ecute with effect, until it be fini&s;hed, without de|manding any allow|ances of the She|riffe.</NOTE> the &s;ame accompt be fully fini&s;hed and concluded, without demanding any allowance or allowances of the &s;aid <HI>A. B.</HI> his executors or admini&s;trators for the &s;ame: And al&s;o that the &s;aid <HI>C. D.</HI> his executors and admini&s;trators &s;hall and will pay into the Receipt o<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> Exchequer all &s;uch &s;ummes of money as upon the &s;aid accompt &s;hall be found in arrearages within one year next after the fea&s;t of S. <HI>Michael</HI> next en&s;uing the date hereof, and in the name of the &s;aid <HI>A. B.</HI> obtain a lawfull di&s;|charge, <NOTE PLACE="marg">And &s;hall pay into the Exchequers re|ceipt all &s;uch &s;umms of money, as upon the &s;aid accompt &s;hall be found in arrea|rages, within one year next after the fea&s;t of S. <HI>Michael</HI> next, &amp;c. and in the name of the &s;aid <HI>A. B.</HI> &s;hall obtain a <HI>Quietus e&s;t</HI> out of the &s;aid Court of Exchequer for him the &s;aid <HI>A. B</HI> &amp;c. within one year next after the &s;aid fea&s;t of S. <HI>Michael,</HI> &amp;c. paying all fees, duties and charges, rewards, &amp;c. which &s;hall be required of the &s;aid <HI>A. B.</HI> without demanding any allowance.</NOTE> and <HI>Quietus e&s;t</HI> out of the &s;aid Court of Exchequer for him the &s;aid <HI>A. B.</HI> and the &s;ame &s;hall and will deliver unto the &s;aid <HI>A. B.</HI> his heirs, executors, or a&s;&s;ignes, for a full di&s;charge of him the &s;aid <HI>A. B:</HI> his heirs, executors, ad|mi&s;trators and a&s;&s;ignes, or, &amp; concerning the &s;aid Sherifwick of the &s;aid County of <HI>Y.</HI> within one year next after the &s;aid fea&s;t of S. <HI>Mich.</HI> and that the &s;aid <HI>C. D.</HI> his heirs, executors, admini&s;trators and a&s;|gnes, or &s;ome, or one of them, &s;hall and will, at &s;ome or one of their owne proper co&s;ts and charges, dis|bur&s;e and pay for the &s;aid <HI>A. B.</HI> all, and all man|ner of &s;ees, duties, charges, &s;umm and &s;umms of money, rewards, gratuities, and demands what|&s;oever, which &s;hall be required, demanded, or de|mandable of the &s;aid <HI>A. B.</HI> as due or accu&s;tomed to be paid or given by the Sheriff of the &s;aid Coun|ty, for, or by rea&s;on of the &s;aid accompt, with|out demanding any allowance or allowances therefore of the &s;aid <HI>A. B.</HI> his heirs, executors, admini&s;trators, or a&s;&s;ignes, and the &s;aid <HI>C. D.</HI> doth further for the con&s;ideration afore&s;aid, for him&s;elf, his heirs, executors, admini&s;trators, and a&s;|&s;igns, &amp; for every of them covenant, promi&s;e, grant, and agree to and with the &s;aid <HI>A. B.</HI> his heirs, ex|ecutors, admini&s;trators and a&s;&s;ignes, by the&s;e pre|&s;ents, that the &s;aid <HI>C D.</HI> his executors or admi|ni&s;trators, <NOTE PLACE="marg">Covenant, that the &s;aid <HI>C. D.</HI> &s;hall tru|ly &s;atisfie and pay all &s;umms of money as he or any Depu|ty, &amp;c. &s;hall at a|ny time levy and receive by vertue of any writ, Pro|ce&s;s of Extent, <HI>Cap. ad &s;at. Fieri &s;ac. Elegit, &amp;c.</HI> again&s;t any former Sheriff, or any other writs of Execution, &amp;c. what&s;oever, accord|ing to the true te|nure of any &s;uch writ, &amp;c.</NOTE> &s;hall and will from time to time, and at all times hereafter, well, duly, and truly &s;atis|fie and pay all and &s;ingular &s;uch &s;umm and &s;ums of
<PB N="253" REF="140">
money as he the &s;aid <HI>C. D</HI> or any deputy Clark or Clarks, Bayliff or Bayliffs, &s;ub&s;titute or &s;ub&s;titutes under him, &s;hall at any time and times, and all times levy and receive, by vertue or rea&s;on of any writ or writs, Proce&s;&s;e of Extent, <HI>Liberate, Capias ad &s;atisfaciendum, Fieri facias, Elegit, Di&s;tringas nu|per Vice-comes,</HI> again&s;t any former Sheriff, or any other writ, or writs of execution or warrants what|&s;oever, according to the purport and true tenure of any &s;uch writ or writs, warrant or warrants re&s;pe|ctively, and in &s;uch manner as by the &s;ame re&s;pe|ctively &s;hall be limited, required or appointed, and &s;hall from time to time &s;ufficiently &s;ave harm|le&s;&s;e and defend the &s;aid <HI>A. B.</HI> his heirs, execu|tors and admini&s;trators, of for and from all and every &s;uch &s;umm and &s;umms of money as afore|&s;aid.</P>
<P>And further, he the &s;aid <HI>C. D.</HI> his heirs, execu|tors, <NOTE PLACE="marg">Covenant, that the &s;aid <HI>C. D.</HI> &s;hall at his proper co&s;ts and charges conduct and &s;afe delivery make of all &s;uch pri&s;oners as are, or &s;hall be in the cu&s;tody of the Goal, to &s;uch per|&s;ons, and to &s;uch places as the &s;aid <HI>A. B.</HI> by writ, war|rant, &amp;c. or by vertue of his &s;aid office, be commanded or bound to deliver the &s;ame.</NOTE> admini&s;trators, or a&s;&s;ignes &s;hall and will at his and their own proper co&s;ts and charges, conduct and &s;afe delivery make of all &s;uch pri&s;oners as are, or hereafter &s;hall be in the Cu&s;tody of the Goal for the &s;aid County of <HI>Y.</HI> to &s;uch per&s;on and per&s;ons, and to &s;uch place and places as the &s;aid <HI>A. B.</HI> &s;hall by writ, warrant, or other pre|cept or commandment, or by vertue and in re|&s;pect of his &s;aid office, be commanded or bound to deliver the &s;ame.</P>
<P><NOTE PLACE="marg">And &s;hall at his proper charges exe|cute, or cau&s;e to be executed, all &s;uch per&s;ons as &s;hall be convicted and put in execution, according to their &s;everall judgments, &amp;c. </NOTE>And further &s;hall and will al&s;o, at his and their own proper co&s;ts and charges, execute, or cau&s;e to be executed, all &s;uch per&s;ons as at any time during the time afore&s;aid, &s;hall be convicted, and put in execution, according to their &s;everal judg|ments, if the &s;ame per&s;on or per&s;ons be not by any lawfull authority reprieved into the &s;aid Goal.</P>
<P><PB N="254" REF="141">
And the &s;aid <HI>C. D.</HI> doth further for him&s;elf, his <NOTE PLACE="marg">Covenant that the &s;aid <HI>C.</HI> D. &s;hall up on the di&s;charge &amp; giving up of the &s;aid office, to &s;uch as &s;hal &s;ucceed, deliver by Indentune to be made betweene the &s;aid <HI>A. B.</HI> his &s;uc|ce&s;&s;ors, to the &s;ucce&s;|&s;or of the &s;aid <HI>A. B.</HI> all &s;uch pri&s;oners as then &s;hall be in the cu&s;tody of the &s;aid <HI>A. B.</HI> with the cau&s;es of their de+tainments, &amp; im|pri&s;onments, and all &s;uch iron impleme~ts as belong to the Co~|mon Goal of the &s;aid County, &amp;c. And al&s;o all writs, proce&s;&s;e, warrants, and other things which &s;hall be in his cu&s;tody in re&s;pect of the &s;aid office.</NOTE> heirs, executors, admini&s;trators and a&s;&s;ignes, and every of them, covenant grant, promi&s;e and agree, to and with the &s;aid <HI>A. B.</HI> his heirs, executors, admi|ni&s;tratos and a&s;&s;ignes by the&s;e pre&s;ents, that he the &s;aid <HI>C. D.</HI> his executors, &amp; admini&s;trators, &s;hal &amp; wil upon the di&s;charge &amp; giving up of the &s;aid office, to &s;uch as &s;hall &s;ucceed in the &s;aid office of Sheriff-wick, of, and for the &s;aid County of <HI>Y.</HI> in due form of law deliver, or cau&s;e to be delivered by Inden|ture to be made between the &s;aid <HI>A. B.</HI> and his &s;uc|ce&s;&s;ors, in the &s;aid office to the &s;aid &s;ucce&s;&s;or of the &s;aid <HI>A. B.</HI> in the &s;aid office, or to his Deputy for the time being, all &s;uch pri&s;oners as then &s;hall be in the cu&s;tody of the &s;aid <HI>A. B.</HI> or of any of his Deputies or Mini&s;ters, with the cau&s;es of their de|tainments and impri&s;onments, and all &s;uch iron implements and things as &s;hall be in the cu&s;tody of the &s;aid <HI>C. D.</HI> belonging to the common Goal of the &s;aid County, or to the officers of the &s;ame. And al&s;o all writs proce&s;&s;e, warrants and other things, which then &s;hall be in his hands and cu&s;to|dy, in re&s;pect of the office of Sheri&s;wick, of, in, and for the &s;aid County of <HI>Y.</HI></P>
<P>And the &s;aid <HI>C. D.</HI> dorh further for him&s;elfe, <NOTE PLACE="marg">Covenant, that the &s;aid <HI>C. D.</HI> &s;hall and will fro~ time to time di&s;charge defend and &s;ave harm|le&s;&s;e the &s;aid <HI>A. B.</HI> &amp;c. and his goods, lands, &amp;c. again&s;t his Highne&s;&s;e, and all other, of, and from all maner of pains, corporall and pecuniary, forfeitures, fines, &amp;c. hereafter lawfully to be commenced, pro&s;ecu|ted, impo&s;ed, &amp;c. of, or again&s;t the &s;aid <HI>A. B.</HI> &amp;c. or his lands, &amp;c. for, or by rea&s;on of any e&s;cape of any pri&s;oner, now under execution or arre&s;t, or hereafter &s;hall be; or for not appearing of any per&s;on arre&s;ted at the daylimi|ted, &amp;c. or for, or by rea&s;on of any fal&s;e re|turne, not returne, or mi&s;-return of any war|rant, &amp;c. of the &s;aid <HI>C. D.</HI> &amp;c. or for neg|ligence in executing, or not in executing of the &s;aid office, by rea&s;on of the not levy|ing, an&s;wering, or not paying of any &s;umms of money, &amp;c. or by rea&s;on of any writ or writs of a&s;si&s;tance, for the levying of any &s;umms of money where|with the &s;aid <HI>A. B.</HI> &s;hall or may be char|ged, &amp;c.</NOTE> his heirs, executors, admini&s;trators, and a&s;&s;igns, covenant, promi&s;e, grant, and agree to and with the &s;aid <HI>A. B.</HI> his heirs, executors, and admini&s;trators by the&s;e pre&s;ents, that he the &s;aid <HI>C. D.</HI> his heirs, executors, or admini&s;trators, &s;hall and will from time to time, and at all times hereafter, di&s;charge, defend, and &s;ave harmle&s;&s;e as well the &s;aid <HI>A. B.</HI> his heirs, Executors, and admini&s;trators, and his and their lands and tenements, goods and chattels, a&s;well again&s;t his Highne&s;&s;e the Lord Protector, and all other what&s;oever, of, and from all manner or pains corporal and pecuniary, forfeitures, fines amerciaments, debts, accounts, duties, and de|mands
<PB N="255" REF="141">
what&s;oever hereafter lawfully to be com|menced, pro&s;ecuted, impo&s;ed, demanded or demandable of or again&s;t the &s;aid <HI>A. B.</HI> his heirs, executors, or admini&s;trators, or his or their lands, goods, tenements and chattels, for, or by rea&s;on of any e&s;cape of any pri&s;oner, or pri&s;oners what&s;oever, now under execution, or under arre&s;t, or hereafter to be had in exe|cution or under arre&s;t, for any manner of debt, damage, tre&s;pa&s;s, account, or other duties, or wrong; or for any trea&s;on, &s;elony, or other offence what&s;oever, or for any other, or by rea&s;on of not appearance of any per&s;on arre&s;ted at the day limited, for the appearance in any Court or Courts, or before any Judge or Jud|ges, or Ju&s;tices what&s;oever; or for, or by rea|&s;on of any fal&s;e return, not return, or mi&s;-return of any writ, warrant, or proce&s;&s;e, or for any other misbehaviour, negligence, or larges of the &s;aid <HI>C. D.</HI> his Bailiffs, or Officers in execu|ting, or negligence in executing, or not in executing of the &s;aid office of Sheri&s;wick for the &s;aid County of <HI>Y.</HI> of, or for, or by rea&s;on of the not levying, an&s;wering, or not paying of any &s;um or &s;ums of money, which &s;hall, or may, or ought to be collected or received by vertue, or by rea&s;on of the &s;aid office of the She|ri&s;wick of the &s;aid <HI>A. B.</HI> or having relation thereunto; or by rea&s;on of any writ or writs <NOTE PLACE="marg">Grant, that the &s;aid <HI>C. D.</HI> &s;hall have to his owne u&s;e the be|nefits of &s;uch Bonds and Covenants as &s;hall be taken of any per|&s;ons, with condition for their appearance in any Court, or el&s;e-where, and of all obligations to be ta|ken of any Bayliffs, &amp;c. and all other bonds &amp; coven. which are, or &s;hal be made to the &s;aid <HI>A. B.</HI> (ex|cept, <HI>&amp;c.)</HI> and &s;hall &amp; may &s;ue and pro&s;ecute the &s;ame in the name of the &s;aid <HI>A. B.</HI> at the co&s;t and charges of the &s;aid <HI>C. D.</HI> and the money reco|vered to have to his owne u&s;e, without any ac|count thereof, <HI>&amp;c.</HI> The &s;aid <HI>A. B.</HI> not acquitting any of the &s;aid bonds, judge|ments, <HI>&amp;c.</HI> with|out the con&s;ent of the &s;aid <HI>C D.</HI> unle&s;s the &s;aid <HI>A. B.</HI> &s;hall be en|joyn'd thereto by order, or cour&s;e of law or equity.</NOTE> of a&s;&s;i&s;tance for the levying of any &s;ums of mo|ney wherewith the &s;aid <HI>A. B.</HI> &s;hall or may be charged or chargeable, of, or for any matter, clau&s;e, or thing having relation to the &s;aid office; and to the intent that the &s;aid <HI>C. D.</HI> may the better perform the execution of the &s;aid office, the &s;aid <HI>A. B.</HI> is contented and plea&s;ed, and doth hereby grant unto the &s;aid <HI>C. D.</HI> that he the &s;aid <HI>C. D.</HI> &s;hall have to his own u&s;e the benefit of &s;uch Bonds and Cove|nants as &s;hall be taken of any per&s;on or per&s;ons, wherein the &s;ame per&s;on or per&s;ons &s;hall become bound unto the &s;aid <HI>A. B.</HI> as Sheriff
<PB N="256" REF="142">
of the &s;aid County of <HI>Y.</HI> with condition for their, of any of their appearance in any Court, or el&s;ewhere, before any Commi&s;&s;ioners of his Highne&s;&s;e the Lord Protector: And of all Obligations taken, or to be taken of any Bayliffes, or their &s;ureties, and of all other Bonds and Covenants, which are or &s;hall be made to the &s;aid <HI>A. B.</HI> as the Sherif of the &s;aid Coun|ty of <HI>Yorke</HI> (except the Covenants herein contained) and the Bonds and Obligations taken, or to be taken for the performance of the &s;aid Covenants, and every of them (except before excepted) and &s;hall and may &s;ue and pro&s;ecute the &s;ame in the name of the &s;aid <HI>A. B.</HI> his Executors, and Admini&s;trators, at the proper co&s;ts and charges of the &s;aid <HI>C. D.</HI> his Execu|tors. Admini&s;trators and A&s;&s;ignes, and the moneys thereof and thereby recovered, to have, take and de|taine, to his and their owne u&s;e and u&s;es, without any account thereof, to yield or make to the &s;aid <HI>A.</HI> B. his <HI>Heires, Executors, Admini&s;trators,</HI> or <HI>A&s;signs,</HI> all which &s;aid Bonds and Covenants (except before excepted) he the &s;aid <HI>A. B.</HI> doth for him&s;elfe, his <HI>Heires, Executors, Admini&s;trators,</HI> and <HI>A&s;signes,</HI> covenant, promi&s;e, grant and agree to and with the &s;aid <HI>C. D.</HI> his <HI>Executors</HI> and <HI>Admini&s;trators</HI> by the&s;e pre&s;ents, that neither he the &s;aid <HI>A. B.</HI> nor his <HI>Heirs, Executors,</HI> or <HI>Admini&s;trators,</HI> or any of them, &s;hall relea&s;e, acquit, nor di&s;charge the &s;aid Bonds or Cove|nants. nor any action, plaint or &s;uite thereupon to be brought or any judgement or execution there|upon to be had, without the a&s;&s;ent of the &s;aid <HI>C D.</HI> his <HI>Executors, Admini&s;trators,</HI> or <HI>A&s;signes,</HI> unle&s;&s;e he the &s;aid <HI>A. B.</HI> his <HI>Heires, Executors,</HI> or <HI>Admini&s;trators,</HI> &s;hall be enjoyned thereunto by order or cour&s;e of Law or equity.</P>
<P>And the &s;aid <HI>C. D.</HI> doth for him&s;elfe, his <HI>Heires,</HI> <NOTE PLACE="marg">Covenant, that the &s;aid <HI>C. D.</HI> &s;hall and will from time to time keep harm|le&s;s the &s;aid <HI>A. B</HI> his, <HI>&amp;c.</HI> of &amp; from all co&s;ts and charges and damages which may ari&s;e by rea|&s;on of any bill in equi|ty, or of any Non-&s;uit or judgement obtained by any per&s;on, of, or upon any of the &s;aid covenants, obligations, or bonds to be taken for appearance as afore&s;aid, or by rea&s;on or means of removing any action or &s;uit in the name of the &s;aid <HI>A. B.</HI> upon the &s;ame Covenants, &amp;c.</NOTE> <HI>Executors,</HI> and <HI>Admini&s;trators,</HI> covenant, promi&s;e and grant, to and with the &s;aid <HI>A. B.</HI> his <HI>Heires, Ex|ecutors,</HI> and <HI>Admini&s;trators</HI> by the&s;e pre&s;ents, that he the &s;aid <HI>C. D.</HI> his <HI>Executors</HI> and <HI>Admini&s;trators,</HI> &s;hall and will from time to time, and at all times hereaf|ter, &s;ave, defend, and keep harmle&s;&s;e the &s;aid A. B. his <HI>Heires, Executors,</HI> and <HI>Admini&s;trators,</HI> and his
<PB N="257" REF="142">
and their lands, tenements, goods, and chattels, of and from all co&s;ts, charges, and damages which may ari&s;e and happen, by rea&s;on of any bill in equity, or of any Non-&s;uit or judgment obtained by any per&s;on or per&s;ons of, or upon any of the &s;aid Covenants, Obligations, or Bonds, to be taken for appearance as afore&s;aid, or by rea&s;on or meanes of removing any action or &s;uit in the name of the &s;aid <HI>A. B.</HI> his Heires, Executors, or Admini&s;trators, a|gain&s;t any per&s;on or per&s;ons upon the &s;ame Covenants, Obligations, or any of them.</P>
<P>And whereas it is agreed by and between the &s;aid parties to the&s;e pre&s;ents, that the &s;aid <HI>C.</HI> <NOTE PLACE="marg">The &s;aid <HI>C. D.</HI> is bound to the &s;aid <HI>A. B.</HI> in the &s;umm of 500 l. for the performance of the covenants, &amp;c. a|fore&s;aid, on the part and behalfe of the &s;aid <HI>C. D.</HI> to be performed procuring five &s;ufficient Sureties to be bound in 100 l. a piece, with the like conditions.</NOTE> <HI>D.</HI> &s;hall become bound by obligation to the &s;aid <HI>A. B.</HI> in the penal &s;umm of 500 l. condi|tioned for the true performance of the Cove|nants, articles, and agreements in the&s;e pre&s;ents contained, on the part and behalfe of him the &s;aid <HI>C. D.</HI> his heires, executors, and admini|&s;trators, to be performed, and &s;hall al&s;o pro|cure five &s;ufficient Sureties, before the thirtieth day of <HI>Ianuary</HI> next en&s;uing the date hereof, to become bound unto the &s;aid <HI>A. B.</HI> in the &s;eve|ral penal &s;umms of 100 l. a piece, with the like conditions as afore&s;aid.</P>
<P>Now the &s;aid <HI>A. B.</HI> is contented and plea&s;ed, <NOTE PLACE="marg"><HI>A. B.</HI> grants to the &s;aid <HI>C. D.</HI> that he the &s;aid <HI>A. B.</HI> &s;hall within the &s;pace of one yeare next after the &s;aid <HI>C. D.</HI> &s;hall deliver, or cau&s;e to be delivered to the &s;aid <HI>A. B.</HI> the &s;aid <HI>Quietus e&s;t,</HI> being di&s;charged and &s;aved harmle&s;&s;e from all pay|ments, penalties, fines, &amp;c. upon the rea&s;ona|ble reque&s;t of the &s;aid <HI>C. D.</HI> &s;hall deliver or cau&s;e to be delivered up the &s;aid obligations &s;o to be made by the Sure|ties of the &s;aid <HI>C. D.</HI> &amp;c.</NOTE> &amp; doth by the&s;e pre&s;ents, for him&s;elfe, his heirs, executors, admini&s;trators and a&s;&s;igns, covenant, promi&s;e, and grant, to and with the &s;aid <HI>C. D.</HI> his heirs, executors, admini&s;trators, and a&s;&s;igns by the&s;e pre&s;ents, that he the &s;aid <HI>A B.</HI> his heirs, executors, or admini&s;trators, or &s;ome, or one of them, &s;hall and will within the &s;pace of one year next after the &s;aid <HI>C. D.</HI> his heirs, execu|tors, or admini&s;trators, &s;hall deliver or cau&s;e to be delivered unto the &s;aid <HI>A.</HI> B. his heirs, exe|cutors, admini&s;trators, or a&s;&s;ignes, the &s;aid <HI>Quietus e&s;t,</HI> before in the&s;e pre&s;ents mentioned, the &s;aid <HI>A.</HI> B. his heirs, executors, and admi|ni&s;trators,
<PB N="258" REF="143">
being fir&s;t &s;ufficiently and rea&s;ona|bly di&s;charged, and &s;aved harmle&s;&s;e, of, and from all the payments, penalties, fines, amer|ciaments, damages, dangers, and other de|mands before in the&s;e pre&s;ents mentioned upon the rea&s;onable reque&s;t of the &s;aid <HI>C. D.</HI> his heirs, executors, or admini&s;trators, &s;hall deliver or cau&s;e to be delivered up the &s;aid Obligations, &s;o to be made by the Sureties of the &s;aid <HI>C. D.</HI> as afore&s;aid, to &s;uch Suretie or Sureties re&s;pectively, and to their re|&s;pective heirs, executors, or admini&s;trators to be can|celled: <HI>In witne&s;&s;e whereof, &amp;c.</HI></P>
</DIV4>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The form of the Condition.</HEAD>
<P>THE CONDITION, &amp;c. That where|as His Highne&s;&s;e the Lord PROTECTOR, &amp;c. by his Letters Patents bearing date the, &amp;c. in the year of our Lord, &amp;c. did apoint, nominate, and make the within named <HI>A.</HI> B. High Sheriffe of the County of <HI>York,</HI> which &s;aid <HI>A.</HI> B. afterwards by his Indenture bearing date, &amp;c. did ordaine, depute, con&s;titute, and make the within bounden <HI>C. D.</HI> his Deputy and Under Sheriffe of the &s;aid County of <HI>Y.</HI> as by the &s;ame Indenture more plainly at large doth, and may appear; If the &s;aid <HI>C. D.</HI> his heirs, &amp;c. and every of them do at all times hereafter, and from time to time, for ever clearly acquit, exone|rate, and di&s;charge, or otherwi&s;e &s;ufficiently &s;ave and keep harmle&s;&s;e the &s;aid <HI>A.</HI> B. his heires, execu|tors, and admini&s;trators, and every of them, and his and their goods, chattels, lands, tenements, po&s;&s;e&s;&s;ions, and hereditaments, and every of them, and of, and from all and every of the &s;umm and &s;umms of money wherewith the &s;aid <HI>A.</HI> B &s;hall be charged, by rea&s;on of the &s;aid office of Sheriffwick, and &s;hall fall out not to be an&s;wered upon the ac|compts; and of and from all action and actions,
<PB N="259" REF="143">
plaint or plaints, or debt, or debts that &s;hall be com|menced again&s;t the &s;aid <HI>A. B.</HI> his heires, &amp;c. by rea&s;on of any e&s;cape, or e&s;capes, committed of any pri&s;oner or pri&s;oners arre&s;ted, and not committed to the common Goale of the &s;aid County, or afterwards by the act or negligence of the &s;aid <HI>C. D.</HI> or any the Bailiffe or Bailiffes, or any his &s;ervants or Deputies, and of and from all acti|ons, &s;uits, co&s;ts, lo&s;&s;es, damages, hinderan|ces, and demands what&s;oever, which &s;hall or may at any time or times hereafter come, grow, or be to or again&s;t the &s;aid <HI>A. B</HI> his, &amp;c. on his or their goods, chattels, lands, tenements, po&s;&s;e&s;&s;ions and hereditaments, and every or any of them, for, or by rea&s;on of the premi&s;&s;es, or any of them, That then this pre&s;ent Obli|gation, &amp;c.</P>
<DIV4 TYPE="subsection">
<HEAD>Or thus:</HEAD>
<P>THE CONDITION, &amp;c. That whereas the above named <HI>A. B.</HI> Sheriffe of the County of <HI>Y.</HI> hath a&s;&s;igned and deputed the above named <HI>C. D.</HI> his Under-Sheriff: If therefore the &s;aid <HI>C. D.</HI> the above bound <HI>E. F.</HI> and <HI>H I.</HI> their heires, executors, and admini&s;trators, and eve|ry of them do at all time and times hereafter, &s;ave and keep harmle&s;&s;e and indempnified as well the &s;aid <HI>A. B.</HI> his heires, executors, admini&s;trators, and a&s;&s;ignes, and every of them, as al&s;o the lands, tenements, hereditaments, goods and chattels of the &s;aid <HI>A. B.</HI> of, for, touching, and concerning the returns and executions of all &s;uch Proce&s;&s;e, Writs, and Warrants of what nature &s;oeverr they be, as are, or &s;hall be hereafter directed to the Sheriffe of the &s;aid County of <HI>Y.</HI> and &s;hall be brought and delivered, or offered to be delivered to the &s;aid <HI>C. D.</HI> during the time that the &s;aid <HI>A. B.</HI> &s;hall be Sheriffe of the &s;aid County;
<PB N="260" REF="144">
And of, and from all i&s;&s;ues, fines, and amerciaments which &s;hall happen to be impo&s;ed or taxed upon the &s;aid <HI>A. B.</HI> for and concerning the not executing, wrongfull executing, or detaining in his hands any Writs, Proce&s;&s;e, or Warrants, and of, for, and concerning all e&s;capes of all, and every per&s;on or per|&s;ons that &s;hall be arre&s;ted or apprehended by vertue of any &s;uch Proce&s;&s;e, Writ, or Warrant, during the time that the &s;aid <HI>A. B.</HI> &s;hall continue Sheriffe of the &s;aid County of <HI>Y.</HI> And al&s;o if the &s;aid <HI>C. D. E. F.</HI> and <HI>H. I.</HI> their heires, executors, and admini&s;trators, and every of them &s;hall &s;ave harmle&s;&s;e and indempni|fied the &s;aid <HI>A. B.</HI> and his heirs and a&s;&s;ignes, and his and their lands, goods, and chattels, of, for, or concerning all &s;uch accompt and accompts as the &s;aid <HI>A. B.</HI> is or &s;hall be charged withall as Sheriff of the &s;aid County of <HI>Y.</HI> to his highne&s;&s;e the Lord Pro|tector, his heires, or &s;ucce&s;&s;ors in any of his High|ne&s;&s;es Courts, and of all &s;umms of money, which &s;hall be levyed or received by the &s;aid <HI>C. D.</HI> as under Sheriffe of the &s;aid <HI>A. B.</HI> or any Bayliffe or other per&s;on by the direction or a&s;&s;ent of the &s;aid <HI>C. D.</HI> to the u&s;e of His Highne&s;&s;e the LORD PROTECTOR his Heires or Succe&s;&s;ors, That then, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>But they are commonly made as all other Bonds are for the performance of Cove|nants, in this manner.</HEAD>
<P>THE CONDITION, &amp;c. That if the a|bove bounden <HI>C. D.</HI> do well and truly ob&s;erve, performe, fulfill, and keep, all and &s;ingular Covenants, Grants, Articles, payments, promi&s;es and agreements, which on the part and behalf of the &s;aid <HI>C. D.</HI> his heirs, executors, &amp;c. or any of them, as are to be ob&s;erved, performed, &s;ulfilled, or kept, contained, written, declared, or &s;pecified in one pair of Indentures, bearing date, &amp;c. made between the &s;aid <HI>C. D.</HI> of the one party, and the within named
<PB N="261" REF="144">
<HI>A. B.</HI> of the other party, according to the tenure, purport, true intent and meaning of the &s;aid Inden|tures, That then, &amp;c.</P>
</DIV4>
</DIV3>
<DIV3 TYPE="section">
<HEAD>An Indenture for the &s;etting over of Pri&s;oners, and Writs between two Sheriffs.</HEAD>
<P>THIS INDENTURE made the tenth day of <HI>December</HI> in the year, &amp;c. <HI>Between A. B.</HI> E&s;|quire late Sheriffe of the, County of <HI>York,</HI> of the one part, and <HI>C. D.</HI> E&s;quire, now Sheriffe of the &s;aid County, on the other part, WITNES|SETH, That the &s;aid <HI>A. B.</HI> by vertue of his High|ne&s;&s;es Writ of di&s;charge of his late office to him dire|cted, hath delivered and &s;et over unto the &s;aid <HI>C. D.</HI> the&s;e Writs following; That is to &s;ay, a <HI>Capias</HI> again&s;t <HI>L. M.</HI> returnable in 8 dayes of S. <HI>Hillary</HI> at the &s;uit of <HI>N. O.</HI> &amp;c. Together with the bodyes of <HI>E. F.</HI> in execution at the &s;uit of <HI>I. H.</HI> for a debt of an hundred pounds, and <HI>G.</HI> R. at the &s;uit of <HI>R. S.</HI> in execution for forty pounds, and <HI>W. P.</HI> in execu|tion as well at the &s;uit of <HI>S. I.</HI> for a debt of ten pounds, as al&s;o at the &s;uit of <HI>T. W.</HI> for a debt of thirty pounds, &amp;c. <HI>In witne&s;&s;e whereof, &amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="section">
<PB N="262" REF="145">
<HEAD>An Indenture for the Knights of the Parliament.</HEAD>
<P>THIS INDENTURE made in the full County of <HI>York,</HI> held at the Ca&s;tle of <HI>York</HI> in the &s;aid County on <HI>Monday</HI> the three and twentieth day of <HI>October</HI> in the year, &amp;c. Between <HI>A. B.</HI> E&s;quire, Sheriff of the &s;aid County of the one part, and <HI>C. D.</HI> E&s;quire, <HI>E. F.</HI> E&s;quire, <HI>G. H.</HI> E&s;quire, &amp;c. and many other per&s;ons to the &s;aid County, and Electors of two Knights of the Parliament in the Writ to this Indenture annexed &s;pecified, of the other part: who as the greater part of the whole County afore&s;aid, then there being, &s;worn and examined, according to the force, form, and effect of divers Statutes thereupon &s;et forth and provided, cho&s;e <HI>R. S.</HI> and <HI>T. W.</HI> Knights within the &s;aid County Commorant, Knights able, mo&s;t fit, and di&s;creet, giving and granting to the two afore&s;aid Knights, full and &s;ufficient power for them&s;elves and the whole County afore&s;aid, to do, and con&s;ent to tho&s;e things which at the Parliament in the &s;aid Writ contained by the Common-Coun&s;ell, &amp;c. &s;hall happen to be ordained, in bu&s;ine&s;&s;es in the &s;aid Writ &s;pecified. In te&s;timony whereof the one part of the Indenture remaineth with his Highne&s;&s;e the Lord Protector of the Common-wealth of <HI>England, Scotland</HI> and <HI>Ireland,</HI> and the dominions and territo|ries thereunto belonging, the parties above&s;aid have put their &s;eals, to the other part of the &s;ame Indenture the Sheriff afore&s;aid hath put his &s;eal. Dated the day, yeare and place above&s;aid, &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="263" REF="145">
<HEAD>An Indenture upon choo&s;ing of a Burge&s;&s;e to &s;erve in Parliament.</HEAD>
<P>THIS INDENTURE, &amp;c. Between <HI>A. B.</HI> E&s;quire, High-Sheriff of the County of <HI>Y.</HI> of the one part, and <HI>C. D.</HI> and <HI>E. F.</HI> &amp;c. Burge&s;&s;es, and Borough men of the Borough and Town of <HI>S.</HI> &amp;c. of the other part, <HI>Witne&s;&s;eth,</HI> That the &s;aid Burge&s;&s;es and Borough men, according to the Proclamation made by the &s;aid Sheriff for the election of Burge&s;&s;es in every Borough or Towne within the &s;aid County, have the day of the date hereof at <HI>S.</HI> afore&s;aid, ele|cted, named, and appointed <HI>C. D.</HI> and <HI>E. F.</HI> E&s;|quires, Burge&s;&s;es of the &s;aid Town of <HI>S.</HI> and they to give their attendance, advi&s;e and coun&s;el at the high Court of Parliament to be holden at <HI>We&s;tmin|&s;ter</HI> the two and twentieth day of <HI>Augu&s;t</HI> next en&s;u|ing the date of the&s;e pre&s;ents. <HI>In witne&s;&s;e</HI> whereof the &s;aid Burge&s;&s;es and Borough-men to the&s;e pre&s;ent In|dentures have put their &s;eales, and &s;ub&s;cribed their names the, &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>A Condition for the executing of a Goaler&s;hip.</HEAD>
<P>THE CONDITION, &amp;c. That if the within bounden C. D. his Executors and A&s;&s;igns, do well and truly execute and u&s;e the office of Goaler&s;hip at the Ca&s;tle of <HI>York</HI> for the &s;aid County, and al&s;o do well, &s;urely, and &s;afely keep all and every &s;uch per&s;on and per&s;ons, now being in the pri&s;on of the Common-wealth of <HI>England</HI> in the &s;aid Coun|ty of <HI>Y.</HI> or that hereafter &s;hall be committed to the
<PB N="264" REF="146">
&s;aid Goale, or to the &s;aid <HI>C. D.</HI> and further, that if the &s;aid <HI>C. D.</HI> his Executors or A&s;&s;ignes, at his or their proper co&s;ts and charges, do &s;afe|ly carry, bring, and re-carry all per&s;ons in the &s;aid Goale now being, or that at any time here|after &s;hall be pri&s;oners there, to any &s;uch place or places as the &s;aid Sheriffe, or his a&s;&s;ignes &s;hall appoint or name within the &s;aid County of <HI>Y.</HI> and furthermore be truly diligent, and attending, aiding, and a&s;&s;i&s;ting the &s;aid Sheriffe, and his Under-Sheriffe, and Deputies, at all and every time and times when any execution &s;hall be done, within the &s;aid County, to, and upon any per|&s;on or per&s;ons, attainted, or to be attainted for trea&s;on, &s;elony, murther, or here&s;ie, or other|wi&s;e, or for any other cau&s;e, unto the end of the execution: And further, if the &s;aid <HI>C. D.</HI> his Ex|ecutors and A&s;&s;ignes do di&s;charge and &s;ave harmle&s;&s;e the &s;aid Sheriffe his Heires, Executors, Admi|ni&s;trators, and A&s;&s;ignes, again&s;t His Highne&s;&s;e and the Common-wealth of <HI>England,</HI> and again&s;t all and every other per&s;on and per&s;ons, and from all manner of e&s;capes, damages, and lo&s;&s;es, fines, i&s;&s;ues, and amerciaments, which by the negligence or otherwi&s;e of the &s;aid <HI>C. D.</HI> his Exe|cutors, or A&s;&s;ignes, that the &s;aid Sheriffe &s;hall or may in any wi&s;e be charged or incumbred with, or ought to be charged by the Law, by rea&s;on of the office of the Sheriffwick of the &s;aid County from time to time, and do content and pay to the &s;aid Sheriffe; his Executors, or A&s;&s;ignes, all &s;uch &s;umme and &s;ummes of money, as the &s;aid Sheriffe, his Heires, Executors, or A&s;&s;ignes, ought to pay to his Highne&s;&s;e the Lord Protector, or to any other per&s;on or per&s;ons, or be due to the &s;aid Sheriffe, by rea&s;on of the &s;aid Office of Goaler|&s;hip, That then, &amp;c.</P>
<DIV4 TYPE="subsection">
<PB N="265" REF="146">
<HEAD>Or Thus.</HEAD>
<P>THe Condition, <HI>&amp;c.</HI> That if the above boun|den <HI>A. B.</HI> Gaoler to the &s;aid Sheriffe of the County of <HI>Yorke,</HI> do from time to time receive and take into his ward and cu&s;tody within the Gaole at the Ca&s;tle of <HI>Yorke,</HI> in the County of <HI>Yorke</HI> afore|&s;aid, all &s;uch per&s;on and per&s;ons, pri&s;oner and pri&s;oners, which &s;hall be committed or &s;ent to the &s;aid Gaole, or committed to the ward and cu|&s;tody of the &s;aid Gaoler, by the &s;aid Sheriffe or his Deputy, or by any Ju&s;tice or Ju&s;tices of Peace, or by any other having lawfull authority to commit per&s;ons or pri&s;oners to the &s;aid Gaole, and the &s;aid per&s;ons and pri&s;oners &s;o committed as afore&s;aid, doe well and truly, duely and &s;ufficiently by his owne proper per&s;on, or by his &s;ufficient Deputy or Deputies, &s;o keepe, that the &s;aid Sheriffe, his <HI>Heires</HI> and <HI>Executors,</HI> and all the <HI>Lands, Tenements, Goods</HI> and <HI>Chattels</HI> of the &s;aid Sheriffe be &s;aved harmle&s;&s;e from all lo&s;&s;es, penalties, amerciaments and damages what&s;oever, as well again&s;t his High|ne&s;&s;e the <HI>Lord Protector,</HI> &amp;c. As al&s;o again&s;t all o|ther per&s;on and per&s;ons, of, for, and concerning the cu&s;tody and keeeping of the &s;aid Gaole and Pri&s;oners within the &s;aid Ca&s;tle of <HI>Yorke,</HI> or el&s;e-where in the &s;aid County of <HI>Yorke,</HI> and likewi&s;e doe di&s;charge, &s;ave and keepe harmle&s;&s;e the &s;aid Sheriffe, his <HI>Heires</HI> and <HI>Executors,</HI> and all tho&s;e his Lands, Tenements, Goods and Chattels from time to time, and at all times hereafter, of and from all and every e&s;cape and E&s;capes, as well of convict per&s;ons, Reprieves and Felons, and of all other per&s;ons now committed for any con|tempts, condemnations, tre&s;pa&s;&s;es, or mi&s;de|meanours which may happen, or chance here|after
<PB N="266" REF="147">
to be committed to the &s;aid Gaole, for any the cau&s;es afore&s;aid, during the time the &s;aid <HI>C. D.</HI> &s;hall be Sheriffe of the County of <HI>York,</HI> and likewi&s;e that the &s;aid <HI>A. B.</HI> or any other by his con&s;ent, privity, or appointment, in any wi&s;e let to baile or main|prize, any pri&s;oner or pri&s;oners to him committed as afore&s;aid, not baylable by the Lawes of the Nati|on, without the &s;peciall commandement or appoint|ment of the &s;aid Sheriffe; And if the &s;aid <HI>A. B.</HI> or his &s;ufficient Deputy, be ready to give his attendance upon the &s;aid Sheriffe and his Deputy at all times ne|ce&s;&s;ary and convenient, and all and every lawfull thing and things that he &s;hall be required to do by the &s;aid Sheriffe or his Deputy touching or concerning the <HI>&amp;c.</HI> affaires and bu&s;ine&s;&s;e wherewith the &s;aid She|riffe is, or &s;hall be charged or employed, in or about the keeping of the &s;aid Gaole or Pri&s;on, that then, <HI>&amp;c.</HI></P>
</DIV4>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Articles betwixt the High Sheriff, and a Bayliffe of a Wapentake, or Hundred.</HEAD>
<P>ARticles of Agreement indented and made the tenth day of <HI>March,</HI> in the yeare, &amp;c. <HI>Between A. B.</HI> of <HI>R.</HI> in the County of <HI>Y.</HI> E&s;quire, High Sheriffe of the &s;aid County, of the one part, and <HI>C. D.</HI> of <HI>A.</HI> in the &s;aid County, Gentleman, of the other part.</P>
<P><NOTE PLACE="marg">To be bayliff du|ring the plea&s;ure of the Sheriff. </NOTE><HI>Whereas</HI> the &s;aid <HI>A. B.</HI> by his deputation under the &s;eale of his Office, hath con&s;tituted and appointed the &s;aid <HI>C. D.</HI> to be his Bayliff within the Wapentake of <HI>Ewcro&s;&s;e,</HI> to execute and enjoy the &s;ame Office onely during the plea&s;ure of the &s;aid <HI>A.</HI> B. Now it is covenanted and agreed between the &s;aid parties, and the &s;aid <HI>C. D.</HI> for him&s;elfe, his <HI>Executors, Admini&s;tra|tors,</HI> and <HI>A&s;signes,</HI> for the con&s;ideration afore&s;aid doth
<PB N="267" REF="147">
covenant and grant unto, and with the &s;aid <HI>A.</HI> B. his <HI>Heires, Executors,</HI> and <HI>Admni&s;trators</HI> in manner following.</P>
<P><HI>Fir&s;t,</HI> That the &s;aid <HI>C.</HI> D. &s;hall and will during &s;uch time as he &s;hall execute the &s;aid Office, well and &s;ufficiently performe and doe what&s;oever to the &s;ayd office belongeth, as well within the &s;aid Wapentake as without; And &s;hall with &s;peed and &s;ecrecy &s;erve <NOTE PLACE="marg">He mu&s;t execute every precept &amp; warrant with &s;peed and &s;ecre|&s;ie, making a true returne by the &s;pace of four dayes before the re&s;pective re|turns thereof, and keep harm|le&s;&s;e the Sheriff his, <HI>&amp;c.</HI> of and from all e&s;capes, <HI>&amp;c.</HI></NOTE> and execute, or cau&s;e to be &s;erved and executed all and every precept and warrant to him directed by the &s;aid high Sheriffe or Under-&s;heriffe. And &s;hall make a true returne thereof to the &s;aid Under-&s;heriff, or his Deputy by the &s;pace of four dayes before the re&s;pective returnes thereof: And &s;hall likewi&s;e from time to time &s;ave and keep harmle&s;&s;e the &s;aid high Sheriff, his <HI>Heires, Executors,</HI> and <HI>Admini&s;trators,</HI> Lands, Tene|ments, Goods and Chattels, of and from all E&s;capes, Amerciaments, Fines and &s;ums of money, or other charges and incumberances what&s;oever, which &s;hall or may be impo&s;ed or happen upon the &s;aid high She|riff, for or concerning the executing, or returning of them, or any of them.</P>
<P>2 <HI>Item,</HI> That he the &s;aid <HI>C. D.</HI> his <HI>Ex|ecutors,</HI> or <HI>A&s;signes,</HI> &s;hall well and truly <NOTE PLACE="marg">He &s;hall truly pay to the &V;nder-&s;heriffe the Blanck-farme within the &s;aid Wapentake within &s;ixe dayes next after she Annunciation, and St. <HI>Michael,</HI> and &s;hall at his owne charge levy and collect all &s;ummes of money of what na|ture &s;oever, within the &s;aid Wapentake, as are due to his Highne&s;s, or <HI>&amp;c.</HI></NOTE> pay, or cau&s;e to be paid to the &s;aid Under-&s;heriffe or his A&s;&s;ignes at his Office in the City of <HI>Y.</HI> or le&s;e-where the Blanck-farme due to his Highne&s;&s;e within the Wapen|take, within 6 days next after the Annunci|ation of our ble&s;&s;ed Virgin <HI>Mary,</HI> and Saint <HI>Michael</HI> the Arch-Angel by equall portions, and &s;hall likewi&s;e at his owne proper co&s;ts and charges faithfully and truly levy, collect and gather all and every &s;um and &s;ummes of money of what nature &s;oever within the &s;aid Wapentake, as are, and &s;hall from time to time grow due and payable to his Highne&s;s, or which are and &s;hall be within the charge of the &s;aid Sheriffe, and e&s;treated, and given in charge to the collection of the &s;aid <HI>C. D.</HI> or his A&s;&s;ignes, and &s;hall within three weeks next after any E&s;treat &amp; war|rant to him directed for the levying and collecting
<PB N="268" REF="148">
thereof pay, or cau&s;e the &s;ame to be payd unto the &s;aid Sheriffe or his Deputy at <HI>Y.</HI> or el&s;e-where, or make his per&s;onall appearance there to give a ju&s;t ac|count, for what cau&s;e he hath not collected nor levied the &s;ame.</P>
<P>3. <HI>Item,</HI> That the &s;aid <HI>C. D.</HI> &s;hal diligently enquire <NOTE PLACE="marg">He &s;hall enquire of the goods and chattels of Fe|lons, Fugitives, of per&s;ons out|lawed and con|demned, wai&s;es, e&s;trayes, <HI>&amp;c.</HI> delivering them to the Sheriffe within one moneth next after the &s;ei&s;ure.</NOTE> of the Goods and Chattels of all Felons and Fugi|tives, and of all per&s;ons outlawed and condemned, and of goods and chattels waived, e&s;trayed, and e&s;|cheated within the &s;ame Wapentake. And the &s;ame &s;hall lawfully inventory and &s;ei&s;e into his Highne&s;&s;e's hands as Bayliff of the &s;aid Wapentake, and &s;hall like|wi&s;e truly account for, and deliver, or cau&s;e to be delived unto the hands of the &s;aid Sheriff or his Depu|ty the goods &s;o &s;ei&s;ed and inventoried, within one moneth next after &s;uch &s;ei&s;ure and inventory made.</P>
<P>4. <HI>Item,</HI> That the &s;aid <HI>C. D.</HI> &s;hall from time to <NOTE PLACE="marg">He &s;hall give lawful &s;ummons to all Jurors &amp; Free-holders as &s;hall be appoint|ed to appeare at the A&s;sizes, Ju|&s;tices of the Peace, <HI>&amp;c.</HI> at|tending per&s;o|nally him&s;elfe at the A&s;sizes, Se&s;sions, <HI>&amp;c.</HI> to make his ju&s;t returns, <HI>&amp;c.</HI></NOTE> time give lawfull &s;ummons and warning to all &s;uch per&s;ons, Jurors, and Free-holders, as &s;hall from time to time by warrant from the &s;aid High Sheriffe or Under-&s;heriffe, be appointed to appeare before his Highne&s;&s;e his Ju&s;tices of A&s;&s;ize or Gaole-delivery, Ju&s;tices of the Peace, or before any o|ther per&s;on or per&s;ons, having any lawfull au|thority to &s;ummon the &s;ame per&s;ons, and that he him&s;elfe &s;hall per&s;onally attend at the &s;ame A&s;&s;ize and Gaole-delivery, Se&s;&s;ions of the Peace, and at the County Court, to make his ju&s;t returnes, and doe all the &s;ervices belonging to the Bayliffe of a Wapentake, if he be in health, or able to performe the &s;ame, or otherwi&s;e by his &s;ufficient Deputy to be allowed under the High Sherifs &s;eale of Office.</P>
<P>5. <HI>Item,</HI> That he the &s;aid <HI>C. D.</HI> &s;hall before the twelfth day of <HI>January</HI> next com|ing, <NOTE PLACE="marg">He &s;hall deliver before the twelfth of <HI>January</HI> next unto the hands of the &s;aid Sheriff, <HI>&amp;c.</HI> a paper booke faire written, con|taining the names, <HI>&amp;c.</HI> of all Free-holders re&s;iant in the Wapentake: And &s;hall &s;ave and keepe harmle&s;se the Sheriff his, <HI>&amp;c.</HI> from all i&s;&s;ues and amercia|ments, <HI>&amp;c.</HI> for not retur|ning or mi&s;returning of any Free-holder.</NOTE> deliver, or cau&s;e to be delivered unto the hands of the &s;aid High Sherif, or Under-&s;herif, one paper booke fairely written, containing the names, &s;ir-names and ad|ditions, together with the dwelling places
<PB N="269" REF="148">
of all &s;uch Free-holders as are now dwelling and re&s;ident within the &s;aid Wapentake of <HI>Ewcro&s;s,</HI> and &s;hall likewi&s;e &s;ave and keepe harmle&s;&s;e the &s;aid Sherif his lands and tene|ments, goods and chattels of and from all i&s;&s;ues and amerciaments which &s;hall or may be charged upon them, or any of them, for and by rea&s;on of returning, not returning, or mi&s;-returning of any Free-holder or Free-holders by the &s;aid <HI>C. D.</HI> or his Deputies.</P>
<P>6. <HI>Item,</HI> That the &s;aid <HI>C. D.</HI> his Deputy or Depu|ties, <NOTE PLACE="marg">He &s;hall bring or cau&s;e to be brought all per|&s;ons by him ar|re&s;ted, <HI>&amp;c.</HI> And upon all arre&s;ts of per&s;ons bayl|able, take bond with 2 &s;ureties for appearance, and &s;hall deliver the bonds to the under Sheriffe &s;ixe dayes before the dayes of appearance.</NOTE> &s;hall bring or cau&s;e to be brought to the Ca&s;tle of <HI>Y.</HI> all &s;uch per&s;on and per&s;ons, as &s;hall by them or any of them be arre&s;ted by vertue of any Warrant, or Warrants, upon any <HI>Capias utlegatum,</HI> or <HI>Capias ad &s;atisfaciendum:</HI> And that likewi&s;e upon all Arre&s;ts of per&s;ons baylable take &s;ufficient bond with two &s;ureties, for their appearance at the returne of the VVrit, and the &s;aid Bonds &s;o taken &s;hall deliver unto the Under-&s;herif or his Deputy, by the &s;pace of &s;ixe dayes before the re&s;pective dayes of their &s;everall ap|pearances.</P>
<P>7. <HI>Item,</HI> That neither the &s;aid <HI>C. D.</HI> nor any of his Deputies make any &s;ale of any <NOTE PLACE="marg">He &s;hall not &s;el any goods by him taken, <HI>&amp;c.</HI> nor &s;hall keepe them by the &s;pace of foure dayes, but &s;hall deliver them to the under-&s;heriffe with the apprai&s;ements.</NOTE> goods by him or them, or either of them, &s;ei&s;ed or taken for any of his Highne&s;&s;es debts, or upon any execution between party and party. Nor &s;hall detaine or keepe in his or their hands any goods &s;o taken by the &s;pace of foure dayes, but &s;hall bring, &s;end, or deliver the &s;ame unto the &s;aid Under-&s;he|rif, his Deputy or Deputies with a true Co|py of their apprai&s;ements, and the names of the apprai&s;ers, in ca&s;e the owners or &s;ome friends for them &s;hall deny to take them as they are apprized, or to pay the debts and &s;ummes, for which they were &s;o &s;ei&s;ed and taken, together with the rea&s;onable charges expended concerning the &s;ame.</P>
<P><PB N="270" REF="149">
<NOTE PLACE="marg">He &s;hall within 6 dayes after no|tice to him given by the Sheriff, come to his office to make a perfect account for all fees for arre&s;ts, <HI>&amp;c.</HI>8. <HI>Item,</HI> That the &s;aid <HI>C. D.</HI> his Deputy and Depu|ties dues, profits, <HI>&amp;c.</HI> during the time he hath con|tinued baylif, <HI>&amp;c.</HI> returning the overplus to him of the &s;ums &s;o depo&s;ited by him.</NOTE> and every of them &s;hall and will from time to time within &s;ixe dayes after notice or command to him or them given by the &s;aid High Sheriffe or his Deputy, repaire and come to his Office at <HI>Y.</HI> or el&s;e-where, and then and there make a ju&s;t and perfect account, for and concerning all Fees a&s;well for Arre&s;ts and Per|qui&s;ites of Courts, as for all other dues and profits unaccounted what&s;oever, for and which he and they or any of them, &s;hall have received and taken, du|ring &s;uch times as he the &s;aid <HI>C. D.</HI> &s;hall continue Bay|liffe of the &s;aid Wapentake, which of right belongeth unto his Highne&s;&s;e, or the &s;aid now Sheriffe, or his Under-&s;heriffe. And the &s;aid high Sheriff or Under-&s;heriffe upon his true account &s;o be made by the &s;aid <HI>C. D.</HI> &s;hall returne unto him the &s;aid <HI>C. D.</HI> all the o|verplus of the &s;aid &s;umme &s;o depo&s;ited by the &s;aid <HI>C. D.</HI> to the &s;aid high Sheriffe or his lawfull Deputy, as &s;hall remaine in his the &s;aid Sheriffs hands after the perfecting of the &s;aid account.</P>
<P>9. <HI>Item,</HI> That he the &s;aid C. D. &s;hall after the &s;e|verall <NOTE PLACE="marg">He &s;hall after the &s;everall ge|neral A&s;sizes &amp; Se&s;sions of the peace be ready in his owne per|&s;on to conduct the pri&s;oners condemned to the place of Ex|ecution, &amp; &s;hall aid the Sheriffe to apprehend Traytors, <HI>&amp;c.</HI></NOTE> generall A&s;&s;izes and Gaole delivery, and Se&s;&s;i|ons of the Peace, be pre&s;ent and ready in his owne per|&s;on, &s;afely to carry and conduct the pri&s;oners con|demned to the place of Execution, and not to depart thence without licence from the high Sheriff, or his Under-&s;heriff; And &s;hall likewi&s;e from time to time &s;o often as he &s;hall be thereto required by the &s;ayd Sheriff, Under-&s;heriffe, or his Deputies, be ready to ayd and a&s;&s;i&s;t them or any of them, for the apprehen|ding of any Traytor, Prie&s;t, or Felon, or for any other matter or thing what&s;oever, concerning his Highne&s;&s;es &s;ervice within the &s;aid County. <HI>In witne&s;&s;e whereof,</HI> &amp;c.</P>
<TAILNOTE>
<P>The Bond for the performance of the&s;e Articles is ordinarily made as all other bonds are for the performance of Covenants.</P>
</TAILNOTE>
</DIV3>
<DIV3 TYPE="section">
<PB N="271" REF="149">
<HEAD>A Bond entered to a Sheriffe for ones ap|pearance in the Common Bench.</HEAD>
<P>KNow all men by the&s;e pre&s;ents, that we <HI>A.</HI> B. of <HI>S.</HI> in the County of <HI>Y.</HI> Gent. C. D. of <HI>R.</HI> in the &s;aid County, E&s;quire, and <HI>E. F.</HI> of <HI>T.</HI> in the &s;aid County, Yeoman, are holden and firmly bound to <HI>G. M.</HI> <ABBR>E&s;q</ABBR> High Sheriff of the County of <HI>Y.</HI> in 30 <HI>l.</HI> of good and lawfull money of <HI>England,</HI> to be payd to the &s;aid <HI>G. M.</HI> his <HI>Executors, Admini&s;trators,</HI> or <HI>A&s;|&s;ignes;</HI> To the which payment well and truly to be made, we binde us and every of us by him&s;elfe, for the whole, and in the whole, our <HI>Heires, Executors,</HI> and <HI>Admini&s;trators,</HI> firmely by the&s;e pre&s;ents. Sealed with our &s;eales, dated the twentieth day of <HI>June,</HI> in the yeare, &amp;c.</P>
<DIV4 TYPE="subsection">
<HEAD>The Condition.</HEAD>
<P>THe Condition of, &amp;c. That if the above bounden <HI>A.</HI> B. do appear before the Ju&s;tices of the Common Bench at <HI>We&s;tmin&s;ter</HI> in the morrow of the holy Trinity to an&s;wer <HI>M. N</HI> Gent. in a plea of Debt. That then this pre&s;ent Obligation to be voyd, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>In the Upper bench, thus.</HEAD>
<P>THe Condition, &amp;c. That if the above bounden <HI>A.</HI> B. do appeare before his Highne&s;&s;e the Lord Protector of the Common-wealth, &amp;c. at <HI>We&s;tmin&s;ter</HI> on <HI>Saturday</HI> next after the morrow of St. <HI>Martin,</HI> to an&s;wer to <HI>M. N.</HI> of a plea of Tre&s;pa&s;&s;e: That then, &amp;c.</P>
<TAILNOTE>
<P>Note that Upper Bench Writs are alwayes return|able upon a day certain; as on <HI>Monday,</HI> or <HI>Tue&s;|day,</HI> or <HI>Thur&s;day,</HI> &amp;c. next after the morrow of St. <HI>Martin,</HI> &amp;c. and are alwayes in tre&s;pa&s;s: But Common Bench Writs are in Debt, Tre&s;pa&s;&s;e, Account, Tre&s;pa&s;&s;e upon the Ca&s;e, &amp;c. as the
<PB N="272" REF="150">
ca&s;e requires, and are not returnable on a day certaine, but returnable on the morrow of the Holy Trinity, or the morrow of St. <HI>Martin,</HI> &amp;c.</P>
</TAILNOTE>
</DIV4>
</DIV3>
<DIV3 TYPE="section">
<HEAD>An Indenture of Covenants to a Sheriffe to &s;ave him harmle&s;&s;e for returning a <HI>Deva&s;tavit</HI> again&s;t an Executor.</HEAD>
<P><HI>THIS INDENT&V;RE</HI> made, <HI>&amp;c.</HI> Betweene Sir <HI>A. B.</HI> Knight, High Sheriffe of the County of <HI>Y.</HI> and <HI>C. D.</HI> Gentleman, Under-&s;heriffe of the &s;aid high Sheriffe of the &s;aid County of <HI>Y.</HI> of the one part, and <HI>E. F.</HI> of, <HI>&amp;c.</HI> of the other part. Wit|ne&s;&s;es, That whereas the &s;aid <HI>E. F.</HI> hath obtained and &s;ued out of his Highne&s;&s;e Court of Common Pleas at <HI>We&s;tmin&s;ter,</HI> his Highne&s;&s;es Writ of <HI>Fieri facias</HI> to the &s;aid Sheriffe directed, bearing <HI>Te&s;te</HI> the 29 day of <HI>June</HI> now la&s;t pa&s;t, and returnable in the &s;aid Court in 8 days of the holy <HI>Trinity</HI> la&s;t pa&s;t, thereby commanding the &s;aid high Sheriffe to levy of the <HI>Goods</HI> and <HI>Chattels</HI> which late were of <HI>P. R.</HI> of, <HI>&amp;c.</HI> decea&s;ed, at the time of his death in the hands of <HI>W. T.</HI> Executor of the Te&s;tament and la&s;t Will of the &s;aid <HI>P. R.</HI> the Te&s;tator a certain debt of 200 <HI>l.</HI> which the &s;aid <HI>E. F.</HI> in the &s;aid Court hath recovered again&s;t the &s;aid <HI>W. T.</HI> the Executor, as by the &s;aid Writ now de|livered to the &s;aid Sheriffe in forme of Law to be exe|cuted, more at large appeareth.</P>
<P>And whereas the &s;aid <HI>E. F.</HI> hath informed the &s;aid high Sheriffe and Under-&s;heriffe, that divers goods, chattels, and debts, which were the &s;aid <HI>P. R.</HI> the Te|&s;tator at the time of his death, to the value of his &s;aid debt of 200 <HI>l</HI> after the death of the &s;aid <HI>P. R.</HI> the Te&s;tator, came to the hands of the &s;aid <HI>W. T.</HI> the <HI>Ex|ecutor</HI> within the &s;aid County to be admini&s;tred; and that the Executor &s;ince the death of the &s;aid <HI>P. R.</HI> the
<PB N="273" REF="150">
Te&s;tator, came to the hands of the &s;aid <HI>W. T.</HI> the Executor within the &s;aid County to be admi|ni&s;tred: and that the Executor &s;ince the death of the &s;aid <HI>P. R.</HI> the Te&s;tator hath wa&s;ted the &s;ame, &s;o that unle&s;&s;e the &s;aid Sheriffe &s;hall upon the &s;aid Writ of <HI>Fieri facias</HI> make his returne, to this or the like effect, <HI>viz.</HI> That the &s;aid Goods and Chattels which were the &s;aid <HI>P. R.</HI> the Te&s;tator at the time of his death to the value of the &s;aid two hundred pounds, did after the death of the Te&s;tator come to the hands of the &s;aid Executor within the &s;aid County of <HI>Y.</HI> to be admini&s;tred; and that the &s;aid Executor hath wa&s;ted the &s;ame, &s;o that the &s;aid Sheriff cannot by vertue of the &s;aid Writ of <HI>Fieri facias</HI> do execution thereupon of the goods and chattels as is thereby required; And &s;o that al&s;o the &s;aid <HI>E. F.</HI> can|not by cour&s;e of Law have the benefit of his &s;aid reco|very: whereupon the &s;aid High-Sheriff and his under-Sheriff, being de&s;irous to do what to them or either of them, by vertue of their &s;aid Office appertaineth, for the &s;urtherance of Ju&s;tice in that behalfe, giving credit to the &s;aid a&s;&s;ertion and affirmation of the &s;aid <HI>E. F.</HI> the &s;aid High-Sheriff at his earne&s;t reque&s;t hath upon the &s;aid Writ of <HI>Fieri facias</HI> in form of Law retur|ned to his Highne&s;&s;es Ju&s;tices of the &s;aid Court of Common Pleas, a <HI>Deva&s;tavit</HI> of the Goods and <NOTE PLACE="marg">The returning the <HI>Deva&s;tavit&punc;</HI></NOTE> Chattels, which were the &s;aid Te&s;tators at the time of his death, and came to the hands of the &s;aid Executor to be admini&s;tred to the &s;aid value of the &s;aid debt of two hundred pounds. Now therefore the&s;e pre&s;ents do witne&s;&s;e, that the &s;aid <HI>E. F.</HI> and <HI>T. P.</HI> for the indempnity and &s;aving harmle&s;&s;e of the &s;aid High-Sheriffe and Under-Sheriffe, and of their and either of their Clerks, of, for, and con|cerning the making of the &s;aid return, in ca&s;e the a&s;&s;ertion and information of the &s;aid <HI>E. F.</HI> be not true, do by the&s;e pre&s;ents, Covenant and grant joyntly and &s;everally for them&s;elvs and every of them, and for their and every of their Executors and Admini&s;trators, to and with the &s;aid <HI>A. B.</HI> and C. D. and either of them, their and either of their Executors and Admi|ni&s;trators,
<PB N="274" REF="151">
that they the &s;aid <HI>E. F.</HI> and <HI>T. P.</HI> or &s;ome of them &s;hall and will at all times hereafter, di&s;|charge, acquit, and &s;ave harmele&s;&s;e the &s;aid <HI>A.</HI> <NOTE PLACE="marg">A covenant to the high Sheriff &amp; the under&s;he|riff to &s;ave them &amp; their Clerks harmle&s;s, touch|ing the return of the <HI>Deva&s;ta|vit,</HI> and to pay all co&s;ts, <HI>&amp;c.</HI> that they &s;hall be put unto.</NOTE> <HI>B.</HI> and C. D. and either of them, their, and either of their Clerk or Clerks, and the <HI>Heires, Ex|ecutors,</HI> and <HI>Admini&s;trators</HI> of them and every of them for, and concerning all, &amp; all manner of actions, &s;uits, complaints, lo&s;&s;es, vexations and troubles what&s;oever, which &s;hall at any time hereafter be commenced, attempted, brought, or pro&s;ecuted again&s;t them, or any of them by the &s;aid <HI>P. R.</HI> the Executor, his <HI>Executors</HI> or <HI>Admini&s;trators,</HI> or by any other per&s;on or per&s;ons, touching or concerning the &s;aid returne, or by rea&s;on or occa&s;ion thereof: And &s;hall and will from time to time, beare and pay to to them the &s;aid Sir <HI>A. B.</HI> and <HI>C. D.</HI> all &s;uch &s;um and &s;ummes of money, damages, co&s;ts, and expen|ces, as again&s;t them, or either of them, or a|gain&s;t their, or either of their <HI>Executors,</HI> or <HI>Admini&s;trators</HI> &s;hall be adjudged, decreed or ordered, or which they or any of them &s;hall from time to time by rea&s;on or occa&s;ion afore&s;aid, be put unto, or &s;hall nece&s;&s;arily lay out, or be enforced to pay by rea|&s;on <NOTE PLACE="marg">They binde them&s;elves in the penalty of 300 <HI>l.</HI> for the performance of it.</NOTE> of any &s;uch action, &s;uit, complaint, mole&s;ta|tion, vexation or trouble: And for the true per|formance of all and &s;ingular which &s;aid premi&s;&s;es, the &s;aid <HI>E. F.</HI> and <HI>T. P.</HI> doe by the&s;e pre&s;ents binde them&s;elves joyntly and &s;everally, and their and either of their <HI>Heires, Executors,</HI> and <HI>Admini&s;trators</HI> to the &s;aid Sir <HI>A. B.</HI> and <HI>C. D.</HI> in the &s;umme of 300 <HI>l.</HI> of good, <HI>&amp;c.</HI> to be paid to them or either of them, their, or either of their <HI>Executors</HI> or <HI>Admini&s;trators,</HI> if default or breach of the Covenant afore&s;aid &s;hall be made. <HI>In witne&s;&s;e,</HI> &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="275" REF="151">
<HEAD>A di&s;charge to the Sheriffe (for a Pri|&s;oner) from him to whom the pri|&s;oner is indebted.</HEAD>
<P>KNow all men by the&s;e pre&s;ents, that I <HI>A. B.</HI> of <HI>C.</HI> in the County of <HI>York</HI> have remi&s;ed, relea&s;ed, acquitted and di&s;charged, and by the&s;e pre&s;ents doe for mee my <HI>Heires, Executors, Admini&s;trators,</HI> and <HI>A&s;signes,</HI> remi&s;e, relea&s;e, and fully and ab&s;olute|ly acquit and di&s;charge <HI>E. F.</HI> high Sheriffe of the &s;aid County of <HI>Y.</HI> and <HI>G. H.</HI> his Under-&s;heriff their Heirs, Executors, and Admini&s;trators, of and from all, and all manner of E&s;capes, as well voluntary as negli|gent, and of and from all actions, cau&s;e and cau&s;es of actions, for or concerning the enlarging, or &s;et|ting at liberty of the body of <HI>L. M.</HI> taken at my &s;uite by vertue of a <HI>Capias ad &s;atisfac.</HI> to the &s;aid Sheriffe directed, of ten pounds debt, and fourty &s;hillings co&s;ts of &s;uit, returnable in the Court of Common-Pleas in <HI>Ea&s;ter</HI> Terme la&s;t pa&s;t, and I the &s;aid <HI>A. B.</HI> do hereby di&s;charge the &s;aid Sheriffe from all actions, reckonings, duties and demands what&s;oever, con|cerning the executing of the &s;aid <HI>Capias ad &s;atisfac.</HI> In <HI>witne&s;s</HI> whereof, <HI>&amp;c.</HI></P>
<DIV4 TYPE="subsection">
<HEAD>Or Thus;</HEAD>
<P>KNow all men by the&s;e pre&s;ents, that I <HI>A. B.</HI> of, <HI>&amp;c.</HI> have remi&s;ed, relea&s;ed, and quit claimed, and by the&s;e pre&s;ents do remi&s;e, relea&s;e, and quit claim unto <HI>C. D.</HI> <ABBR>E&s;q</ABBR> now Sherif of the &s;aid County of Y. all and all manner of actions, &s;uits, troubles and in|cumberances what&s;oever, which I might, may, or ought to have again&s;t him for or concerning the di&s;charging, or &s;etting at liberty <HI>L. M.</HI> of <HI>N.</HI> in the &s;aid County, Gent. being arre&s;ted and impri&s;oned upon a <HI>Capias ad
<PB N="276" REF="152">
&s;atisfaciendum</HI> out of the Court of Common Pleas at <HI>We&s;tmin&s;ter</HI> for an hundred pounds debt, and twenty &s;hillings co&s;ts, at my &s;uit, returnable from the day of <HI>Ea&s;ter</HI> in one month la&s;t pa&s;t. In witne&s;&s;e whereof I have hereunto &s;et, &amp;c.</P>
</DIV4>
</DIV3>
<DIV3 TYPE="section">
<HEAD>A Condition that the Sheriff executing a Writ, may detaine, out of the goods and lands ex|tended &s;o much mony, &amp;c.</HEAD>
<P>THE CONDITION, &amp;c. That whereas the within bound <HI>A. B.</HI> the day of the date here|of, hath delivered to the hands of the within named <HI>C. D.</HI> and <HI>E. F.</HI> the Writ of execution, for levying and extending the goods, chattels, and moyety of the lands, tenements, and hereditaments of one <HI>G. H.</HI> of, &amp;c. to, and for the u&s;e of the &s;aid <HI>A. B.</HI> where|by the &s;ame <HI>A. B.</HI> may be &s;atisfied of the &s;umme of two hundred pounds mentioned in the &s;aid Writ, if in ca&s;e the &s;aid <HI>C. D.</HI> and <HI>E. F.</HI> or either of them, do lawfully execute, or cau&s;e to be lawfully executed, the &s;aid Writ, according to the nature, meaning, and purport thereof, by the impannelling of twelve law|full and indifferent men to be &s;worn of the contents of the &s;aid Writ, if then the &s;aid <HI>A. B.</HI> his Executors and Admini&s;trators, do quietly permit and &s;uffer the &s;aid Sheriffe or under Sheriffe to have, take, receive and detaine, to his and their owne proper u&s;e and be|hoofe, out of &s;uch moneys, goods, or chattels as &s;hall be had, levyed, or received by vertue of the &s;aid Writ, or the execution thereof, &s;o much in lawfull money of <HI>England,</HI> or other benefit as they or the &s;aid Sheriffe or under Sheriffe, or one of them, &s;hall think rea&s;onable or &s;ufficient, for their &s;atisfaction, of and for &s;uch travel, paines or charges, as they
<PB N="277" REF="152">
&s;hall be at in and about the execution of the &s;aid Writ, and extent thereupon to be had or made, otherwi&s;e within, &amp;c. next after the &s;aid writ &s;hall be executed, and return made thereof accordingly, do pay, or cau&s;e to be paid unto the &s;aid Sheriffe, or under Sheriffe or their Deputy or Deputies &s;o much lawfull money of <HI>England,</HI> as they &s;hall for the cau&s;es afore&s;aid rea&s;onably demand, That then, &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>A Bargaine and &s;ale of Goods made by the Sheriffe, by vertue of his office.</HEAD>
<P>TO all faithfull people, to whom this pre&s;ent writing &s;hall come, Sir <HI>H. B.</HI> Knight, Sheriffe of the County of <HI>Y.</HI> greeting. Whereas by vertue of his Highne&s;&s;es Writ of <HI>Fieri facias</HI> to me directed, out of his Highne&s;&s;es Court of Common Pleas at <HI>We&s;tmin&s;ter</HI> for the levying of an hundred pounds debt, and forty &s;hillings damages, which Sir <HI>H. H.</HI> Knight, Lord Chiefe Ju&s;tice of the &s;aid Court of Common Pleas, hath recovered in the &s;aid Court again&s;t <HI>E. F</HI> Admini&s;trator of the Goods and Chattels which late were of <HI>I. R.</HI> late of <HI>R.</HI> in the &s;aid County, Gent. decea|&s;ed, at the time of his death to be levyed upon the Goods and Chattels which late were the &s;aid <HI>I. R.</HI>'s at the time of his death in the hands of the &s;aid <HI>E. F.</HI> to be admini&s;tred, if &s;o much of them do remaine in the hands of the &s;aid <HI>E. F.</HI> to be admini&s;tred: And if not, then the dama|ges to be levyed, of the proper goods of the &s;aid <HI>E. F.</HI> as by the &s;aid Writ returnable <HI>from the day of the holy Trinity in three weekes,</HI> more at large ap|peareth. I have taken into my hands all and &s;ingu|lar the goods and chattels mentioned in an Inventory
<PB N="278" REF="153">
hereunto annexed, be the goods and chattels, which late were the &s;aid <HI>I. R</HI>'s. at the time of his death, and found in the hands of the &s;aid <HI>E. F.</HI> unadmini&s;tred.</P>
<P>Now know yee that I the &s;aid High Sherif by ver|tue of the &s;aid Writ, and of my Office, and for and in con&s;ideration of the &s;um of two hundred pounds of good, <HI>&amp;c.</HI> to me the &s;aid High Sherif in hand payd, do hereby as much as in me lyeth, by vertue of my &s;aid Office, fully and ab&s;olutely bargain, &s;ell, and deliver to the &s;aid <HI>E. F.</HI> his Executors, Admi|ni&s;trators, and A&s;&s;ignes, all and &s;ingular the &s;aid Goods and Chattels, <HI>TO HAVE AND TO HOLD,</HI> and enjoy the &s;ame unto the &s;aid <HI>E. F.</HI> his Executors and Admini&s;trators for ever. In witne&s;&s;e whereof I have hereunto &s;et my &s;eale of Office the tenth day of <HI>May,</HI> in the yeare of our LORD, 1658.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<PB N="279" REF="153">
<HEAD>THE JUDICIAL AND MINISTERIAL OFFICE OF CORONERS.</HEAD>
<P>THIS Office of Coroner hath its Etymo|logie or Derivation <HI>a Corona,</HI> being an Of|fficer of the CROWN from antiquity, and hath principall cogni&s;ance of &s;ome PLEAS called <HI>Placita Coronae.</HI></P>
<P><NOTE PLACE="marg">Co. upon Mag. Chart. <HI>cap.</HI> 17. 4 In&s;t. <HI>cap. 59. &s;ol.</HI> 271.</NOTE>He was e&s;tabli&s;hed by pri&s;tine Kings, <HI>ELFRED,</HI> &amp;c. to be <HI>Principalis con&s;ervator pacis,</HI> according to the <HI>Mirrour of Iu&s;tice,</HI> which &s;aith, <HI>Auxi or|dains fuer Coronours in Che&s;cun County, et Vi&s;|counts a garder le peace, quant les Countees &s;oy dem|i&s;terent del gard, et Bayliffes in lieu de centeners</HI> (that is) Coroners in every County, and Sheri&s;s were or|dained and con&s;tituted to be Con&s;ervators of the Peace, when the Earles di&s;mi&s;t them&s;elves of the cu|&s;tody of the Counties, and in place of Hundredors: but of his antiquity and juri&s;diction. <HI>Vide</HI> 2d <HI>In&s;tit. Magna Charta, Cap. 17. Merton, Cap. 3. Reddi&s;&s;ei&s;in,</HI> and <HI>We&s;tmin&s;ter 1. Cap.</HI> 10. and 26. and <HI>Articl. &s;uper Chart. Cap.</HI> 3.</P>
<P><PB N="280" REF="154">
This office of Coroner is duplicate
<LIST>
<ITEM>General &amp;</ITEM>
<ITEM>Special.</ITEM>
</LIST></P>
<DIV3 TYPE="section">
<HEAD>1. Generall.</HEAD>
<P>TO the office of generall Coroners appertaines the receiving of the Appeales of the whole Coun|ty, 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 &s;ee more in the County Court) and likewi&s;e in what pledge or Decenary they were, or of whom mainpri&s;ed, and in who&s;e ward. <NOTE PLACE="marg"><HI>Mirrour</HI> cap. 1. Sect. 13.</NOTE></P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>2. Speciall.</HEAD>
<P><NOTE PLACE="marg">Articuli &s;uper Chartas. </NOTE>SPeciall Coroners, are Coroners of Liberties, and of priviledged places, as Coroner of the Verge, <HI>viz.</HI> Coroner of the Protectors Hou&s;hold, <HI>&amp;c.</HI> to demon&s;trate the di&s;tinction of the Authority and Juri&s;diction of generall and &s;peciall Coroners by <HI>Wrote</HI> and <HI>Wiggs</HI> Ca&s;e, in the fourth Reports, <HI>fol.</HI> 45. and 46. Where it was re&s;olved, That at Com|mon Law the Coroner of the KINGS Hou&s;e had an exempt juri&s;diction within the Verge, and the Coroner of the County cannot intermeddle therein, as appeares by the preamble of the Statute of <HI>Articuli &s;uper Chartas;</HI> Becau&s;e that before this time many Felonies done within the Verge have beene unpuni&s;hed (and the rea&s;on and cau&s;e there|of was) becau&s;e the Coroners of the County are not &s;uffered to interpo&s;e to enquire of Felonies within the Verge, but the Coroner of the KINGS ho&s;tel, which is pa&s;&s;ant. By which it appears, that the Co|roner of the County could not intermeddle with the death of a man within the Verge, but the Coroner of the Ho&s;tell onely. And &s;o was it adjudged, <HI>Pa&s;ch. 24 Eliz.</HI> in the Kings Bench, where <HI>Swift</HI> was indi|cted before the Coroner of the County of <HI>Middle&s;ex,</HI> of a Murther done at <HI>Tuthil</HI> in the &s;aid County of
<PB N="281" REF="154">
<HI>Middle&s;ex,</HI> which Indictment was removed into the Kings Bench, and there <HI>Swift</HI> pleaded, that <HI>Tuthil</HI> was at the time of the murther, and yet is within the verge, &amp;c. upon which the Attorney did demur in Law, and it depended in advi&s;ement three Terms, and at length the plea was adjudged good, and thereupon he was di&s;charged of the Indictment; for as the Co|roner of the hou&s;hold cannot intermeddle within the County out of the verge, becau&s;e his Office extendeth not to it: &s;o the Coroner of the County cannot inter|meddle within the verge; and it &s;hall be contrary to rea&s;on, that their Offices and juri&s;dictions being &s;e|veral and di&s;tinct, the one &s;hould intermeddle within the juri&s;diction of the other. But it was re&s;olved, that the Ju&s;tices of the Kings Bench, Ju&s;tices of <HI>Oyer</HI> and <HI>Terminer,</HI> Goal-delivery, and Ju&s;tices of peace, may enquire of, hear and determine all murthers and felo|nies within the verge, becau&s;e their authority and ju|ri&s;diction are general through the whole County, and alwayes hath beene &s;o u&s;ed, and &s;o was it adjudged without any &s;cruple in <HI>Holcrofts</HI> ca&s;e.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>What per&s;on ought to be Coroner, and how qualified.</HEAD>
<P>OF ancient time this Office was of &s;uch e&s;tima|tion, that none could have it but a Knight, if we looke backe to the Statute of <HI>We&s;tm. 1. cap.</HI> 10. and the current of the Writ in the Regi&s;ter <NOTE PLACE="marg">See <HI>Brit.</HI> cap. 3. fol. 3. <HI>Stamf.</HI> pl. co|ron. 48. c. Regi&s;ter 177.</NOTE> <HI>fol. 177. b.</HI> is <HI>ni&s;i &s;it miles, &amp;c.</HI> and &s;uch a one <HI>qui melius &s;ciat, &amp; po&s;sit officio illi intendere:</HI> 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 cau&s;e to re|move and di&s;charge a Coroner if he were not a Knight, and had not a hundred &s;hillings rent
<PB N="282" REF="155">
of Freehold. Yet in <HI>F N B. de Coronatore eligendo,</HI> it is not allowed a valid and &s;ufficient cau&s;e to remove him, (though he be not a Knight) at this day, alledg|ing; That tho&s;e words were in&s;erted into the Statute; to the intent that a Coroner &s;hould have &s;ufficient within the County to be re&s;pon&s;ible for all that he doth or ought to do by his &s;aid Office. Mr. <HI>Wilkin&s;on</HI> in his office of a Coroner al&s;o &s;aith, that this Statute requireth &s;uch a Coroner as can, will, and may attend to execute the &s;aid office: And therefore (&s;aith he) if &s;uch a Coroner be elected, as cannot, will not, or may not attend the execution of the &s;aid office, he is to be removed and di&s;charged by Writ from the &s;ame Office; and the cau&s;e of his not attendance, debility, or in&s;ufficiency mu&s;t be rehear&s;ed in the writ: and if he be di&s;charged of his office by a fal&s;e &s;ugge&s;tion, <NOTE PLACE="marg">F N B. de Coro|natore elegendo &amp; de electione viridariorum.</NOTE> he may by a petition in Chancery pray a Com|mi&s;&s;ion to enquire of this fal&s;e &s;ugge&s;tion, and if it be found and returned into the Chancery, then his Highne&s;&s;e may grant a <HI>Super&s;edeas</HI> to the Sheriffe of the County, that he remove not the &s;aid Coroner from his office; and if he be removed before the <HI>Su|per&s;edeas</HI> come, then that he permit the Coroner re|moved to execute his office as he did before his re|movall.</P>
<P><NOTE PLACE="marg">Co. Int. 2. fol. 174. &amp; 175. </NOTE>He mu&s;t have two properties, <HI>viz.</HI> &s;ufficient know|ledge, ability, and diligence in executing his office. Sir <HI>Edward Cooke</HI> in his &s;econd part of his <HI>In&s;titutes, We&s;tm. 1. cap.</HI> 10. &s;aith, he &s;hould have five proper|ties, <HI>viz.</HI></P>
<LIST>
<ITEM>1. He &s;hould be <HI>Probus homo.</HI></ITEM>
<ITEM>2. <HI>Legalis homo.</HI></ITEM>
<ITEM>3. Of &s;ufficient under&s;tanding and knowledge.</ITEM>
<ITEM>4. Of good ability, and power to execute his office according to his knowledge.</ITEM>
<ITEM>5. Diligent in execution of his office.</ITEM>
</LIST>
<P><PB N="283" REF="155">
And the Common Law doth not only require ex|pert men to be Coroners; but men of &s;ufficient ability and livelihood for three purpo&s;es, <HI>viz.</HI>
<Q><P N="1">1. The Law pre&s;umes that they will do their duty, and not offend the Law, for fear of puni&s;hment, whereunto their Lands and goods be &s;ub|ject.</P>
<P N="2">2. That they might execute their office without bribery.</P>
<P N="3">3. That they be able to an&s;wer to the Protector all &s;uch fines and duties as appertaine to him, and to di&s;charge the Countrey thereof, where|with the County being their Electors were chargeable. For the Coroners being elected by the Countrey, if they be in&s;ufficient, and not able to an&s;wer &s;uch fines and other duties in re&s;pect of their office, as they ought, the Coun|ty as their &s;uperior &s;hall an&s;wer the &s;ame: As for example, the County of <HI>Kent</HI> made election by force of the Kings writ of <HI>William Herlizon</HI> to be one of the Coroners for the &s;ame County, who after was amerced for a fal&s;e return forty &s;hil|lings; <NOTE PLACE="marg">In Scaccar. inter praecept. term. Hil. 14. E. 3. ex parte remem. regis 20 <HI>H.</HI> 9.</NOTE> Whereupon proce&s;&s;e went out to the She|riffe to levy it, the Sheriff upon his oath &s;aid that the &s;aid <HI>William Herlizon, non habet terras vel tenementa, bona &s;eu catalla in ballivo &s;uo, nec ha|buit, unde dict. denarii levari po&s;sint:</HI> Now &s;aith the Record, <HI>Et quia ip&s;e Coronator electus fuit per Comitatum, &amp;c. ita quod in defectu eju&s;dem Coro|natoris totus Comitatus ut elector &amp; &s;uperior, &amp;c. tenetur regi re&s;pondere, praeceptum fuit nunc vice|comiti, quod de terris &amp; tenementis hominum totius Comitatus in balivo &s;uo fieri fac. praedict. 40 s.</HI> And the like law was of the Sheriffe, and other the &s;aid Officers, when they were elegible.</P></Q></P>
<P><NOTE PLACE="marg">Dyer 1. Eliz. fol. 165. </NOTE>They remain Con&s;ervators of the peace, within the County where they are Coroners, notwith&s;tanding the Protectors death, for being elected by the Freehol|ders of the County by Writ, and returned of Record in the Chancery, wich is a judicial act, remaineth, and &s;o of the <HI>Verderor:</HI> It is otherwi&s;e of Judges and Ju&s;tices that hold their place by Writ, Commi&s;|&s;ion,
<PB N="284" REF="156">
Letters patents, or otherwi&s;e at will, who&s;e au|thority is determined by the death of the King or Pro|tector, <NOTE PLACE="marg"><HI>Daltons</HI> Iu&s;tice of Peace.</NOTE> for by the Commi&s;&s;ion, &amp;c. he maketh them <HI>Ju&s;ticiarios &s;uos,</HI> &s;o that he being once dead, they are no more his Ju&s;tices. And it might be a rea&s;on wherefore the Sheriff of ancient time was eligible, for that he had <HI>eu&s;todiam Comitatus,</HI> and principall Con&s;ervator of the Peace; and therefore his authority &s;hould not cea&s;e by the death of the King or Protector, no more then that of the Coroner.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Of the number of Coroners in each County.</HEAD>
<P>THe number of Coroners are not &s;et downe by the Law: In &s;ome Counties there are &s;our, in &s;ome Counties &s;ix, in &s;ome &s;ewer, and in &s;ome but one, 23 <HI>A&s;&s;. P. 7. 14 H. 4. 34. 39 H 6. 40. F N B. 163. In&s;t. 2. We&s;tm. 1. cap.</HI> 10. but in twelve Shires in <HI>Wales,</HI> and in <HI>Che&s;hire</HI> there are but two, <HI>Vide Lamb. Iu&s;t. 16. b. Stamf.</HI> 48.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Of the power and Juri&s;diction of Coroners.</HEAD>
<P>THe Coroners power is duplicace, <HI>viz.</HI></P>
<LIST>
<ITEM>1. Judiciall.</ITEM>
<ITEM>2. Mini&s;teriall.</ITEM>
</LIST>
<P><NOTE PLACE="marg">Co. 2. In&s;t. Magn. chart. cap. 17. </NOTE>1. The Judiciall authority both of a generall and &s;peciall Coroner is in ca&s;e where a man comes to a vio|lent death, by &s;elony or mi&s;chance, and to take the acknowledgement of &s;elony, to take the enque&s;t of &s;elonies happening within his Liberty, to give abju|rations, &amp; pronounce Judgment upon out-lawries, ap|peals of death by bill, &amp;c. &s;olely to take an Indictment <HI>&s;uper vi&s;um corporis,</HI> and to take and enter an appeal;
<PB N="285" REF="156">
but he can proceed no further, upon the Indictment or appeal, but to deliver them over to the Ju&s;tices, and to enquire of Trea&s;ure trove, and wreck of the Sea, &amp;c. But if you will enquire more amply what anciently appertained unto him, read <HI>Bracton lib. 3. tract. 4. cap. 5. de officio Coronatorum circa homi|cidium: &amp; cap. 26. de officio Coronatoris in The&s;au|ris inventis &amp; cap. 6. de officio Coronatorum in raptu Virginum: &amp; cap. 8. de officio Coronat. de pace &amp; plagis.</HI> And <HI>Britton</HI> in his fir&s;t Chapter where he treats of it at large: and <HI>Fleta E. 1. cap.</HI> 18. But more amply in <HI>Stamfords Pleas of the Crowne, lib. 1. cap.</HI> 51.</P>
<P>It is amply expre&s;&s;ed in <HI>F N B. fol.</HI> 186. That the Coroner &s;hall carry the Records of his own view, abjurations, outlawries, appeales, accu&s;ations of Thefts done before him, and of all other things done in the County, that is certaine to the Coro|ners office: and al&s;o in the Court of Freemen which have Franchi&s;es of infangtheft, &amp;c. And in the pre&s;ence of the Coroner &s;hall all appeales of Rob|bery and Larceny be framed.</P>
<P>Now as to the view of the body of a man, it is his office, that &s;o &s;oon as he &s;hall be certified thereof, to &s;end to the Con&s;table of the Hundred of the place to &s;ummon &s;ufficient and able men of the towns ad|jacent, that at a day certaine they be before him at &s;uch 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 tho&s;e who buried him; and if it hath been decrea&s;ed or endamaged by ill keeping, or laine &s;o long that it cannot be judged how it came by its death, the &s;ame mu&s;t al&s;o be re|corded, that this negligence may be puni&s;hed at the coming of the Ju&s;tices of A&s;&s;ize into the Circuit, for the Towne where the amerciament was &s;hall be grievou&s;ly amercied, upon &s;ight of the Coroners rolls.</P>
<P><PB N="286" REF="157">
He ought to do his office in per&s;on, and to &s;ee the dead body when he maketh inqui&s;ition, otherwi&s;e the inquiry is invalid: for if he will inquire of any dead per&s;on without view, this is without authority and void.</P>
<P>If the Coroner be remi&s;&s;e and negligent in coming to execute his office, after he is &s;ent unto, he &s;hall be amerced.</P>
<P><NOTE PLACE="marg">Mirror cap. 1. &s;ect. 13. </NOTE>But to proceed, if the Coroner with the advice of the people pre&s;ent, be able to judge of the death, then are they to pre&s;ent the manner of his killing, whether he died of anothers felony, or of his own, or by mi&s;|chance; and if of blows, whether of a &s;taff or a &s;tone, or any other weapon; and he is to record in his rolls the names of tho&s;e who were &s;ummoned and appeared not, that the &s;ame offences of di&s;obedience remain not unpuni&s;hed, whereby the Coroner could not at that time proceed for want of Jurors. Therefore we will inquire what per&s;ons may be of the Enque&s;t.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>What per&s;ons are to be of the Coroners Inque&s;t, and how to be qualified.</HEAD>
<P>THe Inqui&s;ition before Coroners is to be of per&s;ons <NOTE PLACE="marg">Croke 1. part, fo. 95. Sir <HI>Wil: Withipoles</HI> ca&s;e.</NOTE> within the four next adjacent Villages, to be made by the Bailif or Con&s;tables of tho&s;e Villages, as ap|peareth by the Stat. of 4 <HI>E. 1. de officio Coronatoris, &amp; Crompton fol.</HI> 113. In the&s;e Enque&s;ts lye no excep|tions or challenges to the per&s;ons of the Jurors; but he ought to make his pannels of the di&s;crete&s;t, of the able&s;t, and be&s;t of them. <NOTE PLACE="marg"><HI>In ca&s;e of death an Inqui&s;ition</HI> &s;uper vi&s;. corp. per &s;acr. prob. &amp; legal. hom. <HI>where not good. Poph. rep. fol.</HI> 202. Hari&s;on <HI>again&s;t</HI> Erring|ton.</NOTE></P>
<P>The names of the Jurors ought to be certified, for peradventure they be not <HI>probi &amp; legales homines,</HI> but Villains and Outlawes, 15 <HI>H.</HI> 4. 41. for note, that an Indictment before Coroners was found, that the Earle of B. was <HI>felo de &s;e,</HI> was qua&s;hed, becau&s;e it did not appear that it was <HI>per &s;acramentum proborum &amp; legalium hominum, Pophams rep. fol. 202. Harri&s;on</HI> again&s;t <HI>Er|rington.</HI></P>
<P><PB N="287" REF="157">
And likewi&s;e in <HI>Hillary termo 2. Car. B. R. Pophams rep. fol. 209. &amp;</HI> 210. a great multitude of Wel&s;hmen <NOTE PLACE="marg">Poph. rep. fol. 209, 210.</NOTE> were indicted for the death of a man by an Inqui&s;ition taken before the Coroner in the County of <HI>Montgomery</HI> in <HI>Wales,</HI> and exceptions were taken to the Inqui&s;ition: as fir&s;t, that the Coroner cannot take any Inqui&s;ition, unle&s;&s;e it be <HI>&s;uper vi&s;um corporis,</HI> and to this was cited, <HI>Britton 6. R. 2. Coron. 107. 21 E. 4. 70. 2. R.</HI> 3. 2. This is al&s;o the rea&s;on, that if a man drown him&s;elfe, 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 Inqui&s;ition ought to be taken before the Ju&s;tices of the Peace. The &s;econd exception was, that the Inqui&s;ition was, <HI>per &s;acramen|tum proborum &amp; legalium hominum Com. praedict.</HI> where|as <NOTE PLACE="marg">Stat. 4. E. 1.</NOTE> by the Statute of 4 <HI>E.</HI> 1. this enque&s;t ought to be by men of the four next Towns adjoyning, and this ought to appear in the Indictment al&s;o. <HI>Hill. 10. Jac. Rot.</HI> 3. <NOTE PLACE="marg">Co. lib. Intr. fol. 354.</NOTE> <HI>Co. Lib. Intr.</HI> 354. and in <HI>Pa&s;c. 3. Car.</HI> This Indictment was qua&s;hed for the&s;e exceptions.</P>
<P>The empannelling of the enque&s;t, and the view of the body, and the giving of the verdict, is commonly in the Street in an open place, and <HI>in corona populi;</HI> <NOTE PLACE="marg"><HI>Smiths</HI> Co~mon wealth of Eng|land, cap. 24.</NOTE> but this name rather cometh, becau&s;e the death of eve|ry Subject by violence is accounted to touch the crown of the Prince, and to be a detriment unto it. The Prince accounting that his &s;trength, power, and crowne doth con&s;i&s;t in the force of his people, and the maintenance of them in &s;ecurity and tranquil|lity.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The method of keeping the Coroners Court.</HEAD>
<P><NOTE PLACE="marg">Stamf. 52. </NOTE>THe Coroners Court is a Court of Record, and holden after this manner. </P>
<P>When a Coroner cometh to view a party that hath hanged, killed, or drowned him&s;elfe, or that hath come to his death by any other accident, he mu&s;t make out his warrant to impannel a Jury, to the Bailiffe in
<PB N="288" REF="158">
who&s;e Liberty the party lyeth dead, to appeare before him at &s;uch a day, and place as he &s;hall momi|nate and appoint. The forme of the Warrant is thus:</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="warrant">
<OPENER><SALUTE>To the Bayliffe, and al&s;o to the Con&s;table and Tithing-men of the Hundred of <HI>R.</HI> in this behalfe joyntly and &s;everally gree|ting.</SALUTE></OPENER>
<P>BY vertue of mine office, the&s;e are in the name of <HI>Richard</HI> Lord Protector of the Common-wealth of <HI>England, Scotland,</HI> and <HI>Ireland,</HI> and the Dominions and Territories thereunto belonging, to will and require you, immediatly upon the receipt and &s;ight hereof, to &s;ummon and warn twenty foure able and &s;ufficient men to be and appear before me at <HI>Skipton</HI> the 21. day of <HI>November</HI> next en&s;uing the date hereof, at the com|mon <HI>Tolbooth</HI> of the &s;aid Towne, then and there to do execute &s;uch things as on his Highne&s;&s;e behalfe &s;hall be given them in charge; whereof faile you not, as you, and every of you will an&s;wer the contrary at your perils. Dated under my hand and &s;eale the 12. day of <HI>September,</HI> in the yeare of our Lord, 1158.</P>
<CLOSER><SIGNED>By me <HI>W. G.</HI> one of the Coroners of his Highne&s;&s;e the Lord Protector.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>If it be in a City or Corporation, then the form of the warrant or precept is thus:</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="warrant">
<OPENER><NOTE PLACE="marg">City of York.</NOTE>To the Sheriffe of the City of <HI>York,</HI> and to the Serjeants at Mace, attending the &s;aid Sheriffs.</OPENER>
<P>THe&s;e are to will and require you, and in the name of his Highne&s;&s;e the Lord Protector of, &amp;c. &s;trait|ly to charge and command you, that you cau&s;e to come before me one of the Coroners of the City of <HI>York,</HI> and County of the &s;ame City, at the hou&s;e of
<PB N="289" REF="158">
<HI>T. P.</HI> in <HI>Fo&s;gate</HI> within the &s;aid City, betweene the houres of One and Two of the Clock in the Afternoone of this pre&s;ent fir&s;t day of <HI>May</HI> twenty four good and lawfull men of the &s;aid City, then and there to enquire upon the view of the body of <HI>A. B.</HI> there lying dead, how, and in what manner he came to his death, faile not herein at your peril, as you will an&s;wer the contrary: Given under my hand and &s;eal, the &amp;c. 1658.</P>
<CLOSER><SIGNED>By me <HI>I. C.</HI> &amp;c.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>When you come to the place appointed, call the Baliffe, Con&s;table, &amp;c. to make a returne of their Warrant.</P>
<P>Then command one to make three Proclamations, calling the Jury after this manner.</P>
<P>You good men that are returned to appear here this pre&s;ent time to enquire for his Highne&s;&s;e the Lord Protector, &amp;c. an&s;wer to your names as you &s;hall be called, every man at the fir&s;t call, upon pain and peril that &s;hall fall thereon.</P>
<P>And &s;uch of the Jury as faile to appeare &s;hall be fined 40 s.</P>
<P>The Jury appearing &s;weare fourteene or fifteene of them, and give the fore-man his oath <HI>&s;uper vi&s;um cor|poris,</HI> thus:</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="oath">
<P><NOTE PLACE="marg">The Oath of the fore man of the Jury. </NOTE>You &s;hall diligently enquire and true pre&s;entment make on the behalfe of His Highne&s;&s;e the LORD PROTECTOR, <HI>&amp;c.</HI> how, and in what man|ner <HI>A. B.</HI> here lying dead, came to his death, and you &s;hall deliver up to me (His Highne&s;&s;es Coroner) a true verdict thereof according to &s;uch evidence as &s;hall be given up to you, according to your know|ledge: &s;o help you God, &amp;c.</P>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="oath">
<HEAD>Or thus:</HEAD>
<P>You &s;hall diligently enquire, and true pre&s;entment make of &s;uch things as &s;hall be given you in charge, according to your evidence: &s;o helpe you God, <HI>&amp;c.</HI></P>
</DIV1>
</BODY>
</TEXT></Q>
<P>Then &s;wear the re&s;t by four at once, thus:</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="oath">
<P><PB N="290" REF="159">
<NOTE PLACE="marg">The oath of the <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">e&s;t of the Iury.</NOTE> All &s;uch oath as <HI>L. M.</HI> the fore-man of this Inque&s;t for his part hath taken, you and every one of you &s;hall well and truly ob&s;erve and keepe on your parts, according to your evidence: &s;o helpe you God, &amp;c.</P>
</DIV1>
</BODY>
</TEXT></Q>
<P>If the evidence be not ready, you may adjourn untill another day and place, to receive their evidence, bind|ing the Jury by recognizance in twenty pounds apiece for their appearance.</P>
<P>Then &s;end out your warrant to the witne&s;&s;es, com|manding them to come to be examined before you, and to deliver their knowledge touching the matter in que&s;tion, taking their examinations in writing under their hands.</P>
<P>If it be about the triall of a mans life, then mu&s;t the witne&s;&s;es be all bound over in twenty pounds a|piece at the lea&s;t, per&s;onally to appear at the next a&s;|&s;izes then en&s;uing, to deliver their knowledge there|in.</P>
<P>Their Recognizance mu&s;t be made in this manner, <HI>viz.</HI>
<Q><TEXT>
<BODY>
<DIV1 TYPE="recognizance">
<P><NOTE PLACE="marg">York. &s;s. </NOTE>The two and twentieth day of <HI>May</HI> in the year, &amp;c. <HI>A. B.</HI> of <HI>C.</HI> in the afore&s;aid County, acknowledges him&s;elfe to owe, and to be indebted, &amp;c. under Con|dition, &amp;c.</P>
<P>That if the &s;aid <HI>A. B.</HI> do per&s;onally appeare before the Ju&s;tices of A&s;&s;ize, and Goal-delivery, at the next A&s;&s;izes to be holden at the Ca&s;tle of <HI>Y.</HI> for the &s;aid County, and then and there deliver and &s;et forth his knowledge touching the death of <HI>E. F.</HI> and do not de|part thence without licen&s;e of the &s;aid Court. That then this pre&s;ent Recognizance to be void and of none effect, or el&s;e the &s;ame to &s;tand remain, and continue in force, &s;trength, power, and vertue.</P>
<CLOSER><DATELINE>Taken and acknowledged <DATE>the two and twentieth day of <HI>May</HI> in the year 1658</DATE>. afore&s;aid,</DATELINE> <SIGNED>before me <HI>R. W.</HI> Gent. one of the Coroners of the County afore&s;aid.</SIGNED>
<SIGNED>R.W.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q></P>
<P><PB N="291" REF="159">
Then command three Proclamations to be made, thus:</P>
<P>If any man can give evidence on the behalfe of His Highne&s;&s;e the Lord Protector, &amp;c. how, and in what manner <HI>A. B.</HI> here lying dead, came to his death, draw near and you &s;hall be heard.</P>
<P>Evidence appearing, give him or them this oath:</P>
<P><NOTE PLACE="marg">The oath of the evidence. </NOTE>All &s;uch evidence as you &s;hall give to this Enque&s;t, concerning the death of <HI>A. B.</HI> here lying dead, &s;hall be the truth, the whole truth, and nothing but the truth: &s;o help you God, &amp;c.</P>
<P>The Jury being all &s;worne, command them to &s;tand together and hear their charge, the which I &s;hal give you in briefe.</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="charge">
<OPENER><SALUTE>Gentlemen,</SALUTE></OPENER>
<P N="1">1. You that are &s;worne, you &s;hall by your Oaths declare of the death of this man, whether he died of felony, or by mi&s;chance; and if of felony, whether of his owne or of anothers, and if by mi&s;chance, whether by the act of God, or of man; and if of &s;a|mine, whether of poverty or common pe&s;tilence; and from whence he came, and who he was: and if he dyed of anothers felony, who were principals, and who ac|ce&s;&s;aries, 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 &s;ureties for the Peace; or whether he dyed of long impri&s;onment, or of pain, and by whom he was further from life and nearer to his death; and &s;o of all prevailing circum&s;tances that can come by pre|&s;umptions.</P>
<P N="2">2. And in ca&s;e where he died by hurt, or fall, or o|ther chance by the act of God, &s;o that he had no power to &s;peake before his death; then you &s;hall enquire the names of the finders, and of his next neighbours, and who were his Parents, and if he were killed there, or el&s;ewhere, and if el&s;ewhere, by whom, and how he was thence brought, and the value and kinde of the Deodand, and to who&s;e hands it came; for in ca&s;e a man dieth by a fall,
<PB N="292" REF="160">
in &s;uch ca&s;e according to <HI>Glanvile,</HI> it is ordained, what&s;oever is cau&s;e of his death is <HI>Deodand;</HI> as it is for what&s;oever moveth in the thing whereof he &s;ell, <NOTE PLACE="marg">What are Deo|dands, and what are not</NOTE> as Hor&s;e, Cart, Mil&s;tone; al&s;o Ve&s;&s;els are &s;ome|times <HI>Deodands,</HI> but not in the Sea; according to the maxime, <HI>Omnia quae movent ad mortem &s;unt Deo|danda,</HI> but the &s;ums upon the Hor&s;es, the goods lying in Ships, Mills, Carts, and Hou&s;es are not accoun|ted for <HI>Deodands.</HI></P>
<P N="3">3. And in ca&s;e of anothers felony, then you are to enquire, who were the felons, in what Hundred, Pledge, Do&s;ein, Ward, or Mainprize they were, and from whence they came, and where they re|turned.</P>
<P N="4">4. And if he was killed by fal&s;e judgement, then you are to enquire who were the Judges, who the Officers to form the Judgment, and who acce&s;&s;aries; and if of fal&s;e witne&s;&s;es, who they were, and the Ju|rors.</P>
<P N="5">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 wa&s;te.</P>
<P>Note that you are al&s;o to enquire of the Acce&s;&s;aries, and they are nine in number, <HI>viz.</HI></P>
<LIST>
<ITEM>1. Tho&s;e who command.</ITEM>
<ITEM>2. Tho&s;e who conceale.</ITEM>
<ITEM>3. Tho&s;e who allow and con&s;ent.</ITEM>
<ITEM>4. Tho&s;e who &s;ee it.</ITEM>
<ITEM>5. Tho&s;e who help.</ITEM>
<ITEM>6. Tho&s;e who are Partners in the gaine.</ITEM>
<ITEM>7. Tho&s;e who knew thereof, and did not interrupt or hinder it by forbidding.</ITEM>
<ITEM>8. Tho&s;e who knowingly receive &s;uch Offen|ders.</ITEM>
<ITEM>9. Tho&s;e who are in the force.</ITEM>
</LIST>
<P><PB N="293" REF="160">
All which you are to enquire of. Al&s;o you mu&s;t know, that if one man wilfully kill another, or if a man kill or drowne him&s;elfe, the fir&s;t 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 &s;everely puni&s;hed, and therefore by the Law, the offender hereon ought to lo&s;e both life, lands, and goods. And if it be found Man&s;laughter, if the Offender can read, then he may in favour of his life, by His Highne&s;&s;e the LORD PROTECTOR's mercy, have the benefit of his Clergy, and &s;o &s;ave his life, but he &s;hall forfeit both his Lands and Goods. The Goods mu&s;t be found appri&s;ed and valued, of &s;uch offenders, and left in the Town or Village where &s;uch offender dwelleth, by them &s;afely to be kept, until the Offender be acquit|ted or convicted by due cour&s;e of Law; the <HI>interim</HI> the Offender mu&s;t be maintained with his goods, &s;o as he may be kept alive to an&s;wer his fact, and what &s;hall remain when he is convicted, tho&s;e to whom &s;uch goods do belong by the Law mu&s;t have them, and not before, and thereof di&s;charge the Towne or Village which had the cu&s;tody of &s;uch goods. And as for the Offenders Free Land, if he have any, immediatly after Conviction His Highne&s;&s;e mu&s;t have <HI>annum, diem, &amp; va&s;tum</HI> therein, and after, the Lord of whom it is holden, &s;hall have it as an E&s;cheat.</P>
<P>Thus having in briefe declared the&s;e things in|cident to my office, and to you to enquire of, I will conclude, therefore &s;tand together, and heare your Evidence.</P>
</DIV1>
</BODY>
</TEXT></Q>
</DIV3>
<DIV3 TYPE="section">
<PB N="294" REF="161">
<HEAD>2. His Mini&s;teriall power.</HEAD>
<P><NOTE PLACE="marg">14 H. 7. 31. 4. H. 7. 3. Pl. Com. </NOTE>WE now come to his Mini&s;teriall power, where|in he hath authority as a Sheriffe, &amp;c. that is, when there is ju&s;t exception taken to the Sheriffe, judiciall proce&s;&s;e &s;hall be awarded to the Coroners for the execution of the Kings Writs, in which ca|&s;es he is <HI>locum tenens vice comitis,</HI> and in &s;ome &s;pe|cial ca&s;es the Kings original Writ &s;hall be immediately directed unto him.</P>
<P><NOTE PLACE="marg">When the Sherif is Plaintif in an action of wa&s;te, the E&s;trepement &s;hall go to the Coroners. </NOTE><HI>E&s;trepment</HI> judiciall was awarded out of the Court to the Coroners of the County of <HI>We&s;tmerland,</HI> in the action of Wa&s;te, brought by the Earle of <HI>Cumber|land</HI> again&s;t the Counte&s;&s;e <HI>Dowager,</HI> becau&s;e the Earle was Sheriffe of the &s;ame Shire, by which Writ the Coroners were commanded to &s;uffer no Wa&s;te to be done in the Lands, &amp;c. And it was then &s;aid, that the Coroner may provide again&s;t <NOTE PLACE="marg">He may take <HI>po&s;&s;e Comita|tus.</HI></NOTE> wa&s;te, by taking <HI>po&s;&s;e Comitatus. Hobert fol. 85. Cum|berlands</HI> ca&s;e.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Of the Coroners Fees.</HEAD>
<P>THe Statute of 1 <HI>H. 8. cap.</HI> 7. prohibiteth a Coro|ner for taking any thing for doing his Office, upon pain for every default forty &s;hillings, the like penalty where he giveth not his attendance when he is required to make inqui&s;ition upon the death of any dead Corpes, &amp;c.</P>
<P><NOTE PLACE="marg">Fitz. tit. Coron. fol. 221. &amp; 371. </NOTE><HI>Fitz. tit. Coron. fo. 321. &amp;</HI> 371. A Coroner hath a fee appertains to his office, <HI>viz.</HI> of every <HI>Vi&s;ne</HI> one penny, when they appeare before the Ju&s;tices of A&s;&s;ize, which &s;ee he receives not to do his Office, but as a right due to him, though he execute no part of his office,</P>
<P><PB N="295" REF="161">
By the 3 <HI>H.</HI> 7. He is to have (upon an Indictment <NOTE PLACE="marg">5. H. 7.</NOTE> found of murther) thirteen &s;hillings foure pence of the goods of the Murtherer, and if he hath nothing, then of the amerciament of the Town&s;hip for the e&s;cape, &amp;c. <HI>Mirror. cap. 1. Office of Coron. Fleta lib. 1. cap.</HI> 18. Stamfords <HI>Pleas of the Crowne, fol 48. 49. &amp;</HI> 50.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Of Appeals.</HEAD>
<P>APPEALE hath its Origen or Etimology of the French word <HI>Appeller,</HI> &s;ignifying to accu&s;e or appeach, it is an accu&s;ation, or of <HI>Appeller,</HI> to call, becau&s;e <HI>appellans vocat reum in judicium,</HI> he calleth the Defendant into judgement, <HI>Co. &s;uper Lit. l. 2. c. 11. &s;ect. 189. &amp; l. 3. cap. 8. &s;ect.</HI> 500.</P>
<P>Appeales are triplicate, <HI>viz.</HI></P>
<P N="1">1. Of wrong to his Ance&s;tor, who&s;e heir male he is, and that is only of death.</P>
<P N="2">2. Of wrong to the Husband, and is by the Wi&s;e onely of the death of her Husband, to be pro&s;ecuted whil&s;t &s;he 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 Wi&s;e &s;hall not have an Appeale; for the woman ought to have it &s;ole: for the cau&s;e of an Appeal is, that &s;he is indigent of her Husband; and the rea&s;on is, becau&s;e the wife wanting a Husband, is not &s;o well able to live: and therefore when &s;he hath another Husband the Appeal is determined: for <HI>ce&s;&s;ante cau&s;a ce&s;&s;at effectus,</HI> the cau&s;e cea&s;ing, the effect cea&s;eth, <HI>(Br. Appeal</HI> 109.) as where a woman hath a <HI>Quarentine,</HI> and &s;he marries within the forty dayes, &s;he lo&s;es her <HI>Quarentine, 1 Mar. 1. Br. Appeale 109. Dower</HI> 101.</P>
<P N="3">3. Of wrongs done to the Appellants them&s;elves, as robbery, rape, and mayhem.</P>
<P><PB N="296" REF="162">
There &s;hall none of the bloud make Appeale, but the next Heire of the bloud, that &s;hould have the Heritage by Law after the death of him that was &s;lain.</P>
<P>If a man be &s;laine having no wife, his wi<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">e &s;hall be admitted to make appeale within a yeare and a day, if he begin the Appeale but two dayes before the yeare be pa&s;t, it is as good as if it had beene at the beginning of the yeare.</P>
<P>If the wife begin not her Appeale, within a yeare and a day after the death of her Husband, &s;he &s;hall never afterwards be received to make an Appeale.</P>
<P>The Heir of a man killed &s;hall have appeale as well of homicide of his Ance&s;tor, as of murther, 2 <HI>E. 6. Br. appeale</HI> 122.</P>
<P>If he that is attainted of Trea&s;on or &s;elony be &s;laine by one that hath no authority, in this ca&s;e his elde&s;t &s;on can have no appeale; for he mu&s;t bring his appeale as heire; which being <HI>ex provi|&s;ione hominis,</HI> he lo&s;eth it by the attainder of his Father, but his wife &s;hall have an appeale, be|cau&s;e &s;he is to have her appeale as wife, which &s;he remaineth, notwith&s;tanding the attainder, be|cau&s;e <HI>Maris &amp; foeminae conjunctio e&s;t de jure naturae,</HI> and therefore is indi&s;&s;oluble.</P>
<P>An appeale of Mayhme is in manner but a Tre&s;|pa&s;&s;e, for he &s;hall recover but damages, yet the In|dictment &s;hall &s;ay, <HI>quod felonice mahemavit.</HI></P>
<P>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 &s;troke, and not the death, <HI>Stamf. Co. 4. Report. Ca&s;es of Appeales and Indict.</HI></P>
<P><PB N="297" REF="162">
If a man make Appeale at the County, it behoves him to be at the County in proper per&s;on to make his Appeal, and he mu&s;t finde &s;ureties at the &s;ame Coun|ty to pur&s;ue his Appeal, and he &s;hall have a day to the next County to pur&s;ue his Appeale, and if the Plaintiff &s;aile at the County of his appearance in pro|per per&s;on, the Appeale is abated.</P>
<P>If a man make an Appeale, and be non-&s;uite in his Appeal, he &s;hall never be received to make his Appeal afterwards.</P>
<P><NOTE PLACE="marg">Note. </NOTE>Note, That an Appeale of Death may be com|menced before the <HI>CORONER,</HI> and <HI>Proce&s;&s;e</HI> awarded to the <HI>Exigent;</HI> but the Plea&s;hall not be de|termined before him. <HI>Br. Appeale</HI> 62. the end <HI>Co|rone</HI> 82.</P>
<P><HI>We&s;tmin&s;ter 1. Cap.</HI> 10. The Sheriff &s;hall have coun|ter-rolls <NOTE PLACE="marg">The Sheriffe &s;hall have Coun|ter-rolls of Ap|peals, <HI>&amp;c.</HI></NOTE> with the Coroners, a&s;well of their Appeals, as of Enque&s;ts of Attachments; and of other things which to that Office appertains.</P>
<DIV4 TYPE="subsection">
<HEAD>An Appeale of Murther by the wife of him that is &s;lain.</HEAD>
<P>A. B. the late Wife of <HI>C. B.</HI> in proper per&s;on in|&s;tantly Appeales <HI>E. F.</HI> late of <HI>S.</HI> in the County of <HI>YORKE,</HI> Gent. in the cu&s;to|dy of <HI>H. R.</HI> Sheriffe of the County <HI>afore&s;aid,</HI> and to the Barre brought in her owne per&s;on, of the death of the <HI>afore&s;aid C. B.</HI> late her Husband, of that, that where the &s;ame <HI>C. B.</HI> the tenth day of <HI>May,</HI> in the yeare of our Lord, 1658. was in the peace of God and the &s;aid Common-wealth, working and la|bouring in digging of Lime-&s;tones in the Land of <HI>T. W.</HI> <ABBR>E&s;q</ABBR> called <HI>R.</HI> in a certaine place there called a &s;tone Delph, or pit, at <HI>S.</HI> in the County afore&s;aid, where there came the afore&s;aid <HI>E. F.</HI> as a Felon of the &s;aid Common-wealth, and by a&s;&s;ault, and of malice fore-thought,
<PB N="298" REF="163">
upon the afore&s;aid <HI>C. B.</HI> the &s;aid tenth day of <HI>May,</HI> in the yeare, <HI>&amp;c.</HI> afore&s;aid, about the &s;e|venth houre in the forenoon of the &s;ame day, by force and armes <HI>(that is to &s;ay)</HI> with <HI>&s;taves, knives, &s;words,</HI> &amp;c. at <HI>S.</HI> afore&s;aid, in the place afore&s;aid an a&s;&s;ault made, and the &s;ame <HI>C. B.</HI> then and there feloniou&s;ly and wilfully &s;lew, and murthered, and the &s;ame <HI>C. B.</HI> &s;o &s;lain incontinently, layd in a coner of the &s;aid &s;tone, delph or pit, and covered him with the Lime-&s;tones then and there lying in the &s;aid &s;tone, delph, or pit, in the Pari&s;h of <HI>S.</HI> in the County afore&s;aid again&s;t the publique peace; and as &s;oon as the &s;ame Felon the fe|lony and murther afore&s;aid had done, fled, and the a|fore&s;aid <HI>A. B.</HI> then fre&s;hly pur&s;ued from Towne to Town, as farre as four Townes next, and farther, un|till, <HI>&amp;c.</HI> And if the afore&s;aid <HI>E. F.</HI> the felony and murther afore&s;aid done, will deny, then the afore&s;aid <HI>A. B.</HI> is ready the felony and murther afore&s;aid a|gain&s;t them to prove, as the Court here, <HI>&amp;c.</HI> and &s;he found pledges of <HI>Pro&s;ecution</HI> of this Appeale, to wit, <HI>J. D.</HI> and <HI>R. R,</HI> &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>If the Appeale be by the heire of the per|&s;on murthered, then thus.</HEAD>
<P>A. B. <HI>next of blood, and Son and Heire of</HI> C. D. <HI>in proper per&s;on Appeals</HI> E F. <HI>late of</HI> S. <HI>in the County of</HI> Y. <HI>Gent. and</HI> G. H. <HI>late of</HI> R. <HI>in the County afore&s;aid, E&s;quire, in the cu&s;tody of</HI> H. B. <HI>Sheriffe of the County a|fore&s;aid, and to the Barre brought in his owne per&s;on, of the death of the afore&s;aid</HI> C. D. <HI>lately his Father, of that, that where the &s;ame</HI> C. D. <HI>the day of,</HI> &amp;c. <HI>in the yeare,</HI> &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<PB N="299" REF="163">
<HEAD>An Appeale of Mayheim.</HEAD>
<P>A. B. <HI>in his proper per&s;on Appeales</HI> C. D. <HI>of S. in the County of</HI> Yorke <HI>E&s;quire; for that, that where</HI> A. B. <HI>was in the peace of the Common-wealth now at,</HI> &amp;c. <HI>the &s;ame</HI> C. D. <HI>came and made an a&s;&s;ault upon him of fore-thought malice, and armed in &s;uch a manner, cut off the right hand of the &s;aid A. B.</HI> (or with &s;uch &s;taffe &s;truck him upon the head, whereby he pierced the &s;cull of his head; or with a &s;tone &s;truck out his three fore|teeth) <HI>whereby he maymed him feloniou&s;ly, and as &s;oon,</HI> &amp;c. <HI>and if,</HI> &amp;c. <HI>the &s;ame</HI> A. B. <HI>this is ready again&s;t him to prove as the Court,</HI> &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Of wounding, thus.</HEAD>
<P>A. B. <HI>in his proper per&s;on,</HI> &amp;c. <HI>of that, that where the &s;aid</HI> C. D, <HI>&amp;c. the &s;aid</HI> A. B. <HI>with &s;uch a wea|pon &s;trucke him, and wounded him in &s;uch a part of his body, which wound contained &s;o much in length, &s;o much in breadth, and &s;o much in depth; and this wound he gave him feloniou&s;ly, and as &s;oone,</HI> &amp;c. <HI>and if,</HI> &amp;c. <HI>the &s;ame</HI> A. B. <HI>this is ready again&s;t him to prove, as the Court,</HI> &amp;c.</P>
</DIV4>
</DIV3>
<DIV3 TYPE="section">
<HEAD>An inqui&s;ition in Man-&s;laughter.</HEAD>
<P><NOTE PLACE="marg">Middle&s;ex. &s;&s;. </NOTE>AN Inqui&s;ition indented, taken at the Pari&s;h of <HI>S.</HI> in the County of <HI>Middle&s;ex,</HI> the 25th day of <HI>March,</HI> in the yeare of our Lord, 1659. before <HI>T. E.</HI> Gent. one of the <HI>Coroners</HI> of the County a|afor&s;aid
<PB N="300" REF="164">
upon view of the body of <HI>W. F.</HI> then and there lying dead, by the Oaths of <HI>I.W. R.W. H.P. I.A. I.B. L.S. ML. I.K. S.B. W.H. R.G. N.D.</HI> good and lawfull men of the Pari&s;h <HI>afore&s;aid,</HI> and of foure other Townes in the County <HI>afore&s;aid,</HI> the &s;aid Pari&s;h next adjoyning, who be|ing &s;worne to enquire for the <HI>LORD PROTEC|TOR</HI> of the Common-wealth of <HI>England, Scotland,</HI> and <HI>Ireland,</HI> &amp;c. When and by what meanes the &s;aid <HI>W. F.</HI> came to his death, &s;ay upon their Oaths, that the &s;aid <HI>E. L.</HI> late of the Pari&s;h of <HI>S. afore&s;aid,</HI> in the County <HI>afore&s;aid,</HI> Labourer, the twentieth day of <HI>March,</HI> in the year of our Lord, 1659. <HI>afore&s;aid,</HI> not having the feare of God before his eyes, but being mo|ved and &s;educed by the in&s;tigation of the Devill, with force and armes, <HI>&amp;c.</HI> at the Pari&s;h <HI>afore&s;aid,</HI> in the County <HI>afore&s;aid,</HI> in and upon the &s;aid <HI>W. F.</HI> in the peace of God, and in the publique peace then and there being, feloniou&s;ly did make an a&s;&s;ault. And that the &s;aid <HI>E. L.</HI> the &s;aid <HI>W. F.</HI> then and there to the ground did throw and ca&s;t downe, and the &s;aid <HI>E. L.</HI> with the left hand, and both the feet of him the &s;aid <HI>E. L.</HI> the <HI>afore&s;aid W. F.</HI> (&s;o as <HI>afore&s;aid</HI> upon the ground lying) in and upon the brea&s;t fello|niou&s;ly did &s;trike, beate and kicke, giving to the &s;aid <HI>W. F.</HI> then and there with the &s;aid left hand, and both the feete of the &s;aid <HI>E. L.</HI> in and upon the brea&s;t of the &s;aid <HI>W. F.</HI> one mortall brui&s;e of the length of &s;ixe inches, and of the bredth of four inches, of which &s;aid mortall brui&s;e the &s;aid <HI>W. F.</HI> then and there in&s;tantly langui&s;hed, and lived langui&s;hing from the &s;aid nineteenth day of <HI>March,</HI> untill the &s;aid 20th day of <HI>March,</HI> on which &s;aid twentieth day of <HI>March,</HI> in the yeare <HI>afore&s;aid,</HI> the &s;aid <HI>W. F.</HI> at the Pari&s;h <HI>afore&s;aid,</HI> in the County <HI>afore&s;aid,</HI> of the mortall brui&s;e <HI>afore&s;aid</HI> dyed: And &s;o the Iurors <HI>afore&s;aid</HI> up|on their Oaths <HI>afore&s;aid,</HI> do &s;ay that the &s;aid <HI>E. L,</HI> the <HI>afore&s;aid W F.</HI> felloniou&s;ly did kill and &s;lay in manner and forme <HI>afore&s;aid</HI> again&s;t the publique peace. What <HI>Goods</HI> and <HI>Chattels</HI> the &s;aid <HI>E. L.</HI> had at the time of the Felony <HI>afore&s;aid,</HI> in manner and form
<PB N="301" REF="164">
<HI>afore&s;aid</HI> by him done and committed, to the &s;aid Jurors is altogether unknown.</P>
<P><HI>In witne&s;se whereof, as well the Coroner afore&s;aid as the Jurors afore&s;aid to this Inqui&s;ition have &s;et their Seales the day and year fir&s;t above written.</HI></P>
<DIV4 TYPE="subsection">
<HEAD>An Inqui&s;ition in Man-&s;laughter, where one was &s;tarved, and peri&s;hed for want of &s;u&s;tenance.</HEAD>
<P><NOTE PLACE="marg">Middle&s;ex. &s;&s;. </NOTE>AN <HI>INQ&V;ISITION</HI> indented, taken at <HI>Ham&s;tead</HI> in the County of <HI>Middle&s;ex,</HI> the 20th day of <HI>December,</HI> in the yeare of our Lord God, 1658. before <HI>I. G.</HI> Gent. one of the Coroners of his Highne&s;&s;e the <HI>Lord Protector</HI> of the Common-wealth of <HI>ENGLAND,</HI> &amp;c. of the County <HI>afore&s;aid</HI> up|on view of the body of <HI>W.T.</HI> there lying dead and &s;laine. By the Oath of <HI>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.</HI> good and law|full men of <HI>Hamp&s;teed</HI> afore&s;aid, and of foure other Villages in the County <HI>afore&s;aid,</HI> to <HI>Hamp&s;teed</HI> afore|&s;aid next adjoyning, who being charged and &s;worne to enquire how, when, and after what manner the &s;aid <HI>W. T.</HI> came to his death, doe &s;ay upon their Oaths, that <HI>I. B</HI> of <HI>W.</HI> in the County <HI>afore&s;aid,</HI> Taylor, and <HI>S.</HI> his Wife, not having God before their eyes, but being moved and &s;educed by the in&s;ti|gation of the Devill, the 20th. day of <HI>November,</HI> in the yeare of our Lord God 1658. <HI>afore&s;aid,</HI> with Force and Armes, <HI>&amp;c.</HI> at <HI>W. afore&s;aid,</HI> in the County <HI>a|fore&s;aid,</HI> in and upon the &s;aid <HI>W. T.</HI> then the <HI>Appren|tice</HI> of him the &s;aid <HI>I. B.</HI> in the peace of God, and in the publique peace, then and there being, feloniou&s;ly, wilfully, and of their malice <HI>afore-thought</HI> did make an a&s;&s;ault, and that &s;he the &s;aid <HI>S.</HI> then <HI>(that is to &s;ay)</HI> the &s;aid 20th day of <HI>November,</HI> in the yeare <HI>afore&s;aid,</HI> and divers other dayes and times, as well before as af|ter, at <HI>W. afore&s;aid,</HI> in the County <HI>afore&s;aid,</HI> feloniou&s;ly,
<PB N="302" REF="165">
wilfully and of her malice afore-thought, did with|hold and with-draw from him the &s;aid <HI>W. T.</HI> and did not allow and give unto him the &s;aid <HI>W. T.</HI> good and &s;ufficient Foode, &s;u&s;tenance, raiment, lodging, phy&s;icke and other nece&s;&s;aries, with the intent the &s;aid <HI>W. T.</HI> for want thereof, &s;hould mi&s;erably lan|gui&s;h, peri&s;h, and dye, of which &s;aid with-holding and with-drawing from him the &s;aid <HI>W. T.</HI> and not gi|ving and allowing unto him the &s;aid <HI>W. T.</HI> good and &s;ufficient food, &s;u&s;tenance, rayment, lodging, phy|&s;icke and other nece&s;&s;aries by her the &s;aid <HI>S.</HI> the &s;aid <HI>W. T.</HI> from the &s;aid zoth day of <HI>November,</HI> in the yeare <HI>afore&s;aid,</HI> untill the 15th day of <HI>December</HI> then next en&s;uing in the yeare <HI>afore&s;aid,</HI> at <HI>W. afore&s;aid,</HI> in the County <HI>afore&s;aid,</HI> mi&s;erably did langui&s;h, and lan|gui&s;hing mi&s;erably lived; on which &s;aid 15th day of <HI>December,</HI> in the yeare <HI>afore&s;aid,</HI> the &s;aid <HI>W. T.</HI> for want of good &s;ufficient food, &s;u&s;tenance, rayment, lodging, phy&s;icke and other nece&s;&s;aries at <HI>W. afore|&s;aid,</HI> in the County <HI>afore&s;aid,</HI> mi&s;erably peri&s;hed and dyed, and that he the &s;aid <HI>J. B.</HI> together with the &s;aid <HI>S.</HI> his Wife at the time of the Felony and Murder <HI>afore&s;aid,</HI> by the <HI>afore&s;aid S.</HI> in manner and &s;orme <HI>afore&s;aid</HI> done and committed Feloniou&s;ly and wilful|ly, and of his malice afore-thought was pre&s;ent abet|ting, ayding, a&s;&s;i&s;ting, comforting and maintain|ing the &s;aid <HI>S.</HI> the &s;aid <HI>W. T.</HI> in manner and forme <HI>a|fore&s;aid</HI> to kill and murder. And &s;o the Jurors <HI>afore|&s;aid</HI> do &s;ay upon their oath <HI>afore&s;aid,</HI> that they the &s;aid <HI>I. B.</HI> and <HI>S.</HI> his Wife, the &s;aid <HI>W. T.</HI> in manner and forme <HI>afore&s;aid,</HI> &s;eloniou&s;ly, wilfully, and of their malice afore-thought did kill and murther again&s;t the publique peace, <HI>&amp;c.</HI> And &s;o the &s;aid <HI>W. T.</HI> came to his death, and not otherwi&s;e, nor any other manner then is as above&s;aid, what Goods and Chattels, Lands or Tenements the &s;aid <HI>I. B.</HI> and <HI>S.</HI> his Wife at the time of the Felony and Murther <HI>afore&s;aid,</HI> by them the &s;aid <HI>I. B.</HI> and <HI>S.</HI> his Wife in manner and forme <HI>afore&s;aid</HI> done and committed, or any other time afterwards (unto the taking of this Inqui&s;ion) had, they the &s;aid Jury are altogether ignorant of&punc;</P>
<TAILNOTE>
<P><PB N="303" REF="165">
<HI>In witne&s;se whereof, as well the &s;aid Coroner as the &s;aid Jurors to this Inqui&s;ition have &s;et their Seales the day and yeare fir&s;t above written.</HI></P>
</TAILNOTE>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Inqui&s;ition where one is &s;laine by misfor|tune by a Cart loaden with hay.</HEAD>
<P><NOTE PLACE="marg">Middle&s;ex. &s;&s;. </NOTE>AN Inqui&s;ition indented, taken at, <HI>&amp;c.</HI> Who &s;ay upon their Oaths, that the <HI>afore&s;aid A. B.</HI> the tenth day of <HI>May,</HI> in the yeare, <HI>&amp;c. above&s;aid,</HI> at <HI>S. afore&s;aid,</HI> in the County <HI>afore&s;aid,</HI> going with his Cart from <HI>S. afore&s;aid</HI> to <HI>L.</HI> in the &s;aid County, by the way between <HI>S.</HI> and <HI>L. afore&s;aid,</HI> (that is to &s;ay at, <HI>&amp;c. afore&s;aid,</HI> in the County <HI>afore&s;aid,</HI> his &s;aid Cart loaded with Hay, fell upon the body of the &s;aid <HI>A. B.</HI> and &s;o brui&s;ed and brake his body, that of that brui&s;ing and breaking, the <HI>afore&s;aid A. B.</HI> then and there in&s;tantly dyed. And &s;o the Jurors <HI>afore&s;aid</HI> up|on their Oaths <HI>afore&s;aid</HI> &s;ay, that the <HI>afore&s;aid A. B.</HI> in manner and forme <HI>afore&s;aid,</HI> by mi&s;-forture to his death came. And further the Jurors <HI>afore&s;aid,</HI> upon their Oaths <HI>afore&s;aid</HI> &s;ay, that then and there four hor|&s;es with the Cart <HI>afore&s;aid,</HI> and their load of Hay, containing in weight by e&s;timation fourty &s;tone, mo|ved to death the <HI>afore&s;aid A. B.</HI> and that the <HI>afore&s;aid</HI> foure hor&s;es are of the price of eight pounds and ten &s;hillings, and that the <HI>afore&s;aid</HI> Hor&s;es and Cart re|maine in the cu&s;tody of <HI>C. D.</HI> of <HI>S. afore&s;aid,</HI> to wit, the late Wife of the <HI>afore&s;aid A. B.</HI> and that the <HI>afore|&s;aid</HI> fourty &s;tone of Hay, is of the value of fourty five &s;hillings and eight pence, and remaine in the cu&s;tody of <HI>E. F.</HI> of <HI>S. afore&s;aid,</HI> Gent. In te&s;timony whereof, a&s;well the Coroners afore&s;aid as the Jurors, <HI>&amp;c.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<PB N="304" REF="166">
<HEAD>Another, where one by misfortune is &s;lain by the fall off a Scaffold.</HEAD>
<P><NOTE PLACE="marg">Middle&s;ex. &s;s. </NOTE>AN Inqui&s;ition indented, taken, <HI>&amp;c.</HI> who &s;ay upon their Oaths, that the <HI>afore&s;aid P. H.</HI> the 25th day of <HI>Augu&s;t,</HI> in the year, <HI>&amp;c.</HI> above&s;aid at St. <HI>K. afore&s;aid,</HI> in the <HI>afore&s;aid</HI> County, did &s;et up a certaine Scaffold made of Deales, and Fir-poles, to the Hou&s;e of <HI>I. B.</HI> &s;cituate and being at St. <HI>Kathe|rines afore&s;aid,</HI> there to tyle the &s;aid Hou&s;e. And <HI>E. W.</HI> having <HI>M. C.</HI> the Daughter of <HI>W. C.</HI> an Infant in her armes, going in the common High-way by the &s;aid Hou&s;e, and the &s;aid <HI>P. H.</HI> being at worke alone, then and there on the &s;aid Scaffold; And the &s;aid Scaffold being made with rotten Timber, one of the Fir-poles bearing the &s;aid Scaffold did break, &s;o that the &s;aid Scaffold did fall on the head of the &s;aid <HI>M. C.</HI> and the &s;cull of the head of the &s;aid <HI>M. C.</HI> a little a|bove the left eare of the &s;aid <HI>M. C.</HI> then and there did mortally brui&s;e and breake, of the length of two in|ches, and of the breadth of one inch, of which &s;aid mortall brui&s;e and break the &s;aid <HI>M. C.</HI> in&s;tantly lan|gui&s;hed, and lived langui&s;hing from the &s;aid 25th. day of <HI>Augu&s;t,</HI> in the yeare <HI>afore&s;aid,</HI> untill the &s;even and twentieth day of the &s;ame moneth of <HI>Aug,</HI> on which &s;aid &s;even and twentieth day of <HI>Augu&s;t,</HI> in the yeare <HI>afore&s;aid,</HI> the &s;aid <HI>M. C.</HI> at the Liberty <HI>afore|&s;aid,</HI> in the County <HI>afore&s;aid</HI> of the &s;aid mortall brui&s;e and break dyed. And &s;o the Jury <HI>afore&s;aid</HI> upon their Oaths <HI>afore&s;aid</HI> &s;ay, that the &s;aid <HI>H. P.</HI> the &s;aid <HI>M. C.</HI> did &s;lay and kill by misfortune, and again&s;t his will in manner and forme <HI>afore&s;aid.</HI> What <HI>Goods</HI> and <HI>Chattels</HI> the &s;aid <HI>H. P.</HI> had at the time of the Man-&s;laughter my mi&s;-adventure, in manner and forme <HI>a|fore&s;aid</HI> by him committed and done again&s;t his will to the &s;aid Jurors is altogether unknown.</P>
<TAILNOTE>
<P><PB N="305" REF="166">
<HI>In witne&s;se whereof, as well the Coroner afore&s;aid as the Jurors afore&s;aid to this Inqui&s;ition have &s;et their Seales the day and year fir&s;t above written.</HI></P>
</TAILNOTE>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>An Inqui&s;ition, where one drownes him&s;elfe.</HEAD>
<P><NOTE PLACE="marg">Felo de&s;e. </NOTE>AN <HI>IN Q&V;ISITION</HI> indented, taken, <HI>&amp;c.</HI> Who &s;ay upon their Oaths, that the <HI>afore&s;aid A. B.</HI> the &s;econd day of <HI>May,</HI> in the yeare, <HI>&amp;c. afore&s;aid,</HI> about the houre of eight in the Morning of the &s;ame day, not having GOD before his eyes, but by in&s;tigation diabolicall &s;educed and mo|ved, of his malice fore-thought, at <HI>M. afore&s;aid,</HI> in the County <HI>afore&s;aid,</HI> then and there alone being, in a common River there him&s;elfe willingly and fe|loniou&s;ly drowned: And &s;o the Jurors <HI>afore&s;aid,</HI> upon their Oaths <HI>afore&s;aid</HI> &s;ay, that the <HI>afore&s;aid A. B.</HI> in manner and forme <HI>afore&s;aid,</HI> then and there willingly and feloniou&s;ly, as a Felon of him&s;elfe, him&s;elfe flew and murthered, again&s;t the peace, <HI>&amp;c.</HI></P>
<P><HI>In witne&s;&s;e whereof, as well the &s;aid Corouers, as the &s;aid Jurors,</HI> &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>If one hang him&s;elfe, then the In|qui&s;ition, thus.</HEAD>
<P><NOTE PLACE="marg">Middle&s;ex. &s;&s;. </NOTE>AN <HI>IN Q&V;ISITION</HI> indented, (the hour, <HI>&amp;c.)</HI> not having GOD before his eyes, but by the in&s;tigation of the DEVIL feduced and moved at <HI>S. afore&s;aid,</HI> in a certaine Wood or Grove to the &s;aid <HI>S.</HI> adjoyning, then and there alone being, with one Hempen Rope of
<PB N="306" REF="167">
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 a|bout the bough of a certaine Oake tree bound, and him&s;elfe then and there with the rope afore&s;aid wilful|ly and feloniou&s;ly hanged and &s;trangled. And the Jurors afore&s;aid upon their Oaths afore&s;aid &s;ay, <HI>&amp;c.</HI> <NOTE PLACE="marg">No forfeiture of Lands.</NOTE></P>
</DIV4>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<PB N="307" REF="167">
<HEAD>SHERIFFS TOURN AND Court-Leet.</HEAD>
<DIV3 TYPE="section">
<HEAD>Of the Originall of fir&s;t In&s;titution of them.</HEAD>
<P><NOTE PLACE="marg">Lamb. E. 4. c. 4. </NOTE><HI>ALFRED,</HI> Governour of this Common-wealth in the year of mans redemption, 872. was the fir&s;t in&s;titutor of this Court which we now determine to treat of, then called <GAP DESC="foreign">, that is to &s;ay, the A&s;&s;embly of the <HI>Shire, Sheriffs Tourn,</HI> and &s;ometimes called the <HI>Sheriffs moot.</HI> It &s;eems to have the appellation of <HI>Sheriffs Tourn,</HI> of the French word <HI>(Tour,</HI> viz. <HI>Ambitus circuitus, vi|ci&s;situdo)</HI> and is by <HI>Britton</HI> &s;tyled <HI>Tour,</HI> cap. 61. <HI>&s;ub fine capitis,</HI> as if we &s;hould &s;ay, <HI>The Sheriffs cour&s;e,</HI> or perambulation; For (as <HI>Britton</HI> noteth in his 29th. <NOTE PLACE="marg"><HI>Britton</HI> cap. 29. &amp; cap. 61.</NOTE> Chapter) that which before the Sheriffe is called the <HI>Sheriffs Tourne,</HI> is called in the Court of Franchi&s;es and Hundreds, <HI>The view of Frank-pledge:</HI> Wherein enquiry is &s;pecially made of &s;uch as be not in any <HI>Do|zin:</HI> with whom <HI>Fleta</HI> accords: And by <HI>Fleta</HI> it ap|peareth <NOTE PLACE="marg"><HI>Flet.</HI> E. 2. c. 62.</NOTE>
<PB N="308" REF="168">
that this Tourn was the Sheriffs cour&s;e to keep his Tourn in every Hundred, <HI>l. 2. cap. 52. Habet etiam rex eur' &s;uam in turnis, vic' &amp; vicibus Hundred',</HI> &amp;c. <NOTE PLACE="marg">Br. 21. 23.</NOTE> And in many Books it's denomination is the Kings Leet, and Sheriffs Leet. <NOTE PLACE="marg">Powel.</NOTE></P>
<P><NOTE PLACE="marg">Suit reall, what it is. </NOTE>Two Courts were a&s;&s;igned to the Sheriffe (by the &s;aid <HI>Alfred)</HI> by which two Courts the whole County was governed, <HI>viz.</HI> the County or Shire Court, for one man to have remedy again&s;t another, in any mat|ter ari&s;ing between them under fourty &s;hillings. And the <HI>Sheriffes Tourn,</HI> 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 publi&s;hed (or given in charge) whereby they were to be governed; and this was cal|led <HI>Suite reall,</HI> by rea&s;on of their Allegiance; Unto which they were &s;worn to be true and loyall to the King. And it was learnedly &s;poken by a reverend Judge, Ju&s;tice <HI>Flemming,</HI> in a Speech of his concer|ning the nece&s;&s;ity of <HI>Sheriffs Tourns,</HI> and <HI>Law-dayes,</HI> who &s;aid that it was <HI>Schola in&s;igniendi juvenes,</HI> a School to direct and in&s;truct young men in the anci|ent Lawes of the Common-wealth, and to prepare them for greater employment at more great Conven|tions, as the <HI>A&s;size, Gaole-delivery,</HI> or <HI>Se&s;sions of the Peace.</HI></P>
<P><NOTE PLACE="marg">Leets how fir&s;t granted. </NOTE>Now, becau&s;e the people did undergo great trou|ble and vexation in travelling to the Sheriffs Tourn, <HI>Leets,</HI> or <HI>View of Frank-pledge</HI> were granted to Lords of <HI>Mannors</HI> within certain precincts, yet this Court, in who&s;e Mannor &s;oever it is kept, is accounted the <HI>Kings Court,</HI> becau&s;e the authority thereof is originally ap|purtenant to the <HI>Crowne,</HI> and thence derived to infe|riour per&s;ons. And <HI>Dyer</HI> likewi&s;e &s;aith, that this Court <NOTE PLACE="marg">Kitch. fol. 6. Dyer, fo. 64. &amp; 13.</NOTE> was fir&s;t derived from the Sheriffs Tourn.</P>
<P>This Court is a Court of Record in all things that appertain to the <HI>Tourne,</HI> or <HI>Leet,</HI> and Sheriffe of the <HI>Tourne,</HI> or Steward of the <HI>Leet,</HI> are therein Judges of Record. For who&s;oever hath the <HI>Leet,</HI> hath the &s;ame <NOTE PLACE="marg"><HI>Termes of Law.</HI> Co. L 4. 33. &amp; L 6. 12.</NOTE> authority within the Precinct, as the Sheriffe hath within the <HI>Tourn.</HI></P>
</DIV3>
<DIV3 TYPE="section">
<PB N="309" REF="168">
<HEAD>Of the power and authority of the Judge of the CO&V;RT.</HEAD>
<P>THe Steward, or Judge, hath a double power and authority in the Court.</P>
<LIST>
<ITEM>1. Election of Officers.</ITEM>
<ITEM>2. Correction or punition of offenders.</ITEM>
</LIST>
<P>In that of <HI>punition,</HI> a double Act is to be re|&s;pected.</P>
<LIST>
<ITEM>1. <HI>Actus Curiae,</HI> the act of the Court.</ITEM>
<ITEM>2. <HI>Actus Patriae,</HI> the act of the Countrey, or Jury.</ITEM>
</LIST>
<P>The authority of the&s;e two Acts do encounter with two &s;orts of offences or mi&s;demeanors, being furni&s;h|ed with a double weapon</P>
<LIST>
<ITEM>1. Fine.</ITEM>
<ITEM>2. Amerciament.</ITEM>
</LIST>
<LIST>
<ITEM>The one &s;ort of offences are <HI>Extra curiam.</HI></ITEM>
<ITEM>The other &s;ort are <HI>In curia.</HI></ITEM>
</LIST>
<P N="1">1 Now, to oppo&s;e and &s;ubdue tho&s;e extrin&s;icall offences, <HI>viz.</HI> tho&s;e that are <HI>Extra curtam.</HI> The Ju|rors <NOTE PLACE="marg">Extrin&s;ical of|fences.</NOTE> that are &s;worn to pre&s;ent, have peculiar cogni|zance, and therefore authority and power to pre&s;ent them, and to a&s;&s;e&s;s <HI>Amerciaments.</HI></P>
<P N="2">2 The &s;econd weapon to oppo&s;e intrin&s;icall offen|ces, <HI>viz.</HI> tho&s;e that are <HI>in curia,</HI> which offences are <NOTE PLACE="marg">Intrin&s;icall of|fences.</NOTE> either in omitting or neglecting a duty enjoyned, which ought to be performed by the Jurors, Con&s;ta|ble, Bayliffs, <HI>&amp;c.</HI> or in committing &s;ome contempt, and di&s;order in the face of the Court, by any Offi|cer or Suitor.</P>
<P>The Steward hath cognizance, and may puni&s;h it by <HI>Fine,</HI> without enquiry by the Countrey, As,</P>
<P><PB N="310" REF="169">
If a &s;uitor being &s;worn of a Jury, &s;hall refu&s;e to <NOTE PLACE="marg">Co. 8. 38. A Suitor refu&s;ing to make pre&s;ent|ment, or refu|&s;eth to be &s;worn.</NOTE> make a pre&s;entment there: or if he do depart without giving up his Verdict, or if he refu&s;e to be &s;worne, the Sheriffe or Steward may impo&s;e a rea&s;onable <HI>Fine</HI> upon him.</P>
<P>He may impannell a &s;econd Jury to enquire of the defaults and concealments of the fir&s;t, and to <HI>fine</HI> them for their offence.</P>
<P>For default of re&s;ians he may compell a &s;tranger co|ming within the View, to be of the Inque&s;t.</P>
<DIV4 TYPE="subsection">
<HEAD>What may be enquired of in this Court.</HEAD>
<P>THe Steward may enquire of &s;everall particular mi&s;demeanors, comprized and enumerated in the Statute of 18 <HI>E.</HI> 2. even from the highe&s;t Trea&s;on, to the lowe&s;t Tre&s;pa&s;&s;e, though not here puni&s;hable. Which &s;o farre as they may concerne the modern ju|ri&s;diction of our pre&s;ent times, &s;uch as are nei|ther ab&s;olute nor antiquate, you &s;hall finde in this en&s;uing Tract, <HI>viz.</HI> In the charge of this Court.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>What things are not to be enquired of in this Court.</HEAD>
<P>HEe cannot enquire of the Statute of Labourers, or indict one feloniou&s;ly committing a Rape; yet &s;uch Indictments mu&s;t be delivered to the Ju|&s;tices of the Peace, according to the Statute of 1 <HI>Ed. 4. Bract. prae&s;ent. 16. Fitz. Tourne. 3. 4 Edward 4. 8 Edw.</HI> 4. 5.</P>
<P><PB N="311" REF="169">
He cannot commit any man to pri&s;on for his con|tempt, <NOTE PLACE="marg">No commitment to pri&s;on, <HI>&amp;c.</HI> yet he may take a Recognizance for the peace. <HI>Co. In&s;t. 4. fol.</HI> 263. Magna Charta. <HI>cap.</HI> 17.</NOTE> neither can he take recognizance or binde a man to good behaviour, as formerly he might, and as the Sheriffe in his <HI>Tourne</HI> may do. Yet <HI>Co. In&s;tit. 4. fol.</HI> 263. holdeth that he may take a <HI>Recognizance</HI> for the peace.</P>
<P>He cannot hold plea of any thing appertaining to the Crown, nor touching Free-hold or Lands, nor debt, tre&s;pa&s;&s;e, or otherwi&s;e.</P>
<P><NOTE PLACE="marg">No Indictments of felony for death. </NOTE>This Court cannot take Indictment of any Fe|lons for the death of any man, or in any other ca&s;e wherein it hath no cognizance; If it doe it is <HI>Coram non judice,</HI> and voyd, neither can it take a pre|&s;entment of an offence done to a Pari&s;h or a particular man.</P>
<P><NOTE PLACE="marg">28 E. 3. 95. 21 E. 4. 21. 3 H. 7. fo. 1. Br. Leet, 19. &amp; 25. </NOTE>Such things as are Tre&s;pa&s;&s;es by the Statute, or offences again&s;t any Statute, the Sheriffs Of|fice doth not extend to it here, except the Sta|tute doth give in it an expre&s;&s;e authority to the <HI>Tourne</HI> or <HI>Leet;</HI> for <HI>Nulla e&s;t generalis regula &s;ed ad|mittit exceptionem.</HI></P>
<P><NOTE PLACE="marg">Br. Leet. 26. </NOTE>Nothing but <HI>Nu&s;ances,</HI> and <HI>Grievances, Offences</HI> or <HI>Tre&s;pa&s;&s;es,</HI> as are popular and common to many per|&s;ons: And therefore Tre&s;pa&s;&s;es for breaking of Clo|&s;es, nor A&s;&s;aults made to a &s;ole and particular per|&s;on, is here inquirable, except there be blood-&s;hed. <NOTE PLACE="marg">Dyer 234. Fitz. tourn. 1. 4.</NOTE></P>
<P><NOTE PLACE="marg">Styles prac. Reg. </NOTE>It was the occa&s;ion of a very learned Conte&s;t or Ar|gument, <HI>Pa&s;ch. 24 Car. B. R.</HI> whether a Court <HI>Leet</HI> may enquire of private <HI>A&s;&s;aults</HI> and <HI>Batteries,</HI> if there be no blood-&s;hed in the ca&s;e? <HI>Bacon</HI> Ju&s;tice, and <HI>Walker</HI> an Apprentice of the LAW in the Inner TEMPLE, held that a Court <HI>Leet</HI> might en|quire of them; But Ju&s;tice <HI>Roll</HI> held the con|trary, becau&s;e they are actionable at the COM|MON LAW onely, by the party injured, and are not publique offences again&s;t the publique.</P>
<P>Upon all Pre&s;entments and Indictments taken be|fore the Sheriffe in his Tourn, he hath not power to attach, arre&s;t, or put in pri&s;on, nor to levy, nor
<PB N="312" REF="170">
take any <HI>Fines,</HI> or <HI>Amerciaments</HI> of any per&s;on &s;o in|dicted or pre&s;ented betore them, by rea&s;on or colour <NOTE PLACE="marg">Delta. &s;ol. 155.</NOTE> of any Indictment or pre&s;entment taken before them in their Tournes, but the Sheriffe &s;hall bring and de|liver all &s;uch Indictments and Pre&s;entments to the Ju&s;tices of Peace at the Se&s;&s;ions, that &s;hall be holden for the &s;aid County; if not, a forfeiture for every one not delivered 40 <HI>l.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>What things are con&s;iderable in holding Tourns or Leets.</HEAD>
<P>HAving demon&s;trated what things are to be en|quired of here, and what are not. Now, three things are con&s;iderable in the holding of Tourns or Leets, <HI>viz.</HI>
<LIST>
<ITEM>1. Time.</ITEM>
<ITEM>2. Place.</ITEM>
<ITEM>3. Per&s;ons.</ITEM>
</LIST></P>
<P N="1">1. As to the time, it mu&s;t be kept twice a yeare according to <HI>ALFRED, quotannis celeberimus bis conventus agetur,</HI> one moneth after <HI>EASTER,</HI> <NOTE PLACE="marg">Fitz. Leet. 11.</NOTE> and one moneth after <HI>MICHAELMAS,</HI> At the Tourn after <HI>EASTER,</HI> no Actions popular <NOTE PLACE="marg">Stat. 9 H. 3. c. 33.</NOTE> are to be enquired after, <HI>&amp;c.</HI> but onely to take their &s;uite, who are Suitors, and to take the view, <HI>&amp;c.</HI> And at the Tourne after <HI>MICHAEEL|MAS,</HI> then to enquire of &s;uch as are enqui|rable.</P>
<P N="2">2. Now to the place where it is to be holden, and that mu&s;t be within the Precinct and Libertie, <HI>in loco debito &amp; con&s;ueto,</HI> and if it be done other|wi&s;e, what ever is acted in it is voyd, <HI>&amp; coram non judice.</HI></P>
<P N="3"><PB N="313" REF="170">
3. Thirdly, what per&s;ons are to appeare in this Court? they are all the Freeholders within the Pre|cinct or Liberty are obliged to come, by the &s;ervice of their Fees: and all other people above the age of 12 years, and under 60. only, Eccle&s;ia&s;ticall and religious <NOTE PLACE="marg">52 H. 3. c. 2. &amp; 10. Br. Leet 42. Fitz. 160. c. 161.</NOTE> men, all Earles, Barons, Tenants in ancient deme&s;ne, and all women, are excepted, becau&s;e they are never &s;worn upon any Inque&s;t.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Jury, What.</HEAD>
<P><NOTE PLACE="marg">1 R. 3. cap. 4. We&s;tm. 2. 6 H. 4. fol. 1. </NOTE>THere mu&s;t be at the Court twelve (at the lea&s;t) of the mo&s;t di&s;creet and &s;ufficient Freeholders, &s;uch as are of repute and e&s;timation, and have Freehold Lands within the &s;ame County of the value of twenty &s;hillings at the lea&s;t, who ought to be impannelled and &s;worn (by the Sheriff) to enquire of and pre&s;ent all things there inquireable and pre&s;entable: who ought to take all Indictments by their oathes, and mu&s;t de|liver in their rolls and inqui&s;itions indented and &s;ealed between the Sheriff (or Steward) and the Jurors.</P>
<P><NOTE PLACE="marg">2 H. 7. fol. 4. </NOTE>And if there be not twelve to be &s;worn, the Sheriffe or Steward may cau&s;e &s;trangers that come within the view to be of the Inque&s;t.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>How Amerciaments are forfeited, and what &s;hall be cau&s;es to amerce, <HI>&amp;c:</HI></HEAD>
<P><NOTE PLACE="marg">Coo. on Lit. lib. 2. c. 11. p. 194. </NOTE><HI>AMerciament</HI> in Latine is called <HI>mi&s;ericordia,</HI> becau&s;e it ought to be a&s;&s;e&s;&s;ed merci&s;ully, and ought to be moderated by affeerement of his equals (otherwi&s;e a Writ <HI>de moderata mi&s;ericordia</HI> lieth) or becau&s;e the party offending putteth him&s;elfe on the mercy of his Highne&s;&s;e. And the difference betwixt a Fine and an Amerciament is, That <HI>a Fine is a&s;&s;e&s;&s;ed by the Court,</HI> <NOTE PLACE="marg">Co. part. 8.</NOTE> <HI>but Amerciament by the Countrey.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<PB N="314" REF="171">
<HEAD>Of Amerciament.</HEAD>
<P>BUT to demon&s;trate the cau&s;e of Amerciament, <HI>viz.</HI></P>
<P><NOTE PLACE="marg">43 E. 3. 9. A|vowry 80. vi. 11 H. 4. 89. 12 H. 7. 15. </NOTE>The not appearing of a Leet is a good cau&s;e to amerce a Re<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">iant, and the Lord who di&s;trains for the amerciament needs not &s;hew for what he di&s;traineth, before the tenant hath tendered &s;omething for a|mends, although the tenant doth not know the cau&s;e, 45 <HI>E. 3. 9. Avowry 80. vi. 11 H. 4. 89. 12 H.</HI> 7. 15.</P>
<P><NOTE PLACE="marg">11 H. 4. 88. </NOTE>If a man be amercied for a thing done in a Towne wherein he dwelleth, he may be di&s;trained for it in any place within the Hundred or Leet, 11 <HI>H.</HI> 4. 88.</P>
<P>A Suitor at a Leet may be amercied for not pre&s;ent|ting things pre&s;entable, being &s;worne with others, <NOTE PLACE="marg">11 E. 3. 9. A|vowry 155. 10 H. 6. 7. Co. rep. 8. <HI>Grie&s;leys</HI> ca&s;e.</NOTE> and a generall Avowry, but he may &s;ay, that there was nothing to be pre&s;ented, 11 <HI>E. 3. 9. Avowry 155. 10 H. 6. 7. Coo. lib. Enteries. Det. 149. Coo. part.</HI> 8. Grie&s;leys <HI>ca&s;e.</HI></P>
<P><NOTE PLACE="marg">29 E. 3. 36. 41 E. 3. 26. </NOTE>A Re&s;iant was amercied for not clen&s;ing of a Ditch, and a paine levied upon him, that he clen&s;ed it after, and a di&s;tre&s;&s;e taken for not doing of it, &amp;c. 29 <HI>E.</HI> 3 36. 41 <HI>E.</HI> 3. 26.</P>
<P>Re&s;iants and tenants may be amercied in the Leet for refu&s;ing to &s;wear, 38 <HI>E. 3. 18. Conu&s;ance</HI> 23.</P>
<P><NOTE PLACE="marg">9 H. 6. 41. Cu|&s;tome. </NOTE>The Lord of a Leet &s;hall not pre&s;cribe to amerce the petty Jury for their fal&s;e verdict, the &s;ame being &s;ound by the grand Jury, for it is no good cu&s;tome; but they may be amercied for concealing of any thing which is pre&s;entable there, and this is by cu&s;tom, <HI>M. 9. H. 6. 42. Cu&s;tome.</HI></P>
<P>An amerciament in a Leet may be well levied by an action of debt, 12 <HI>H. 2. Ley 43. 10 H.</HI> 6. 7.</P>
<P><NOTE PLACE="marg">A&s;&s;. 13 E. 3. Avowry 105. </NOTE>One was amermercied for brewing Ale, and &s;elling it contrary to the A&s;&s;ize within the Hundred, and it was holden, that although he was re&s;iant within ano|ther
<PB N="315" REF="171">
Leet, yet the amerciament is good where it is made; &s;o it is where one &s;els Bread and Ale in a Mar|ket which is in another Leet, then where it was brewed, &amp;c. <HI>A&s;s. 13 E. 3. Avowry</HI> 105.</P>
<P><NOTE PLACE="marg">47 E. 3. 12. </NOTE>If my Hor&s;e be in the keeping of another man, he may be di&s;trained: if I be amercied in the Leet for &s;topping the High-way, &amp;c. 47 <HI>E.</HI> 3. 12. But if an Inne-holder be amercied, the hor&s;e of a &s;tranger can|not <NOTE PLACE="marg">10 H. 7. 21.</NOTE> be di&s;trained, 10 <HI>H. 7. fol.</HI> 21.</P>
<P>Note that in 8 <HI>R. 2. Avowry</HI> 194. If one be amercied in the Sheriffs tourn, the Sheriff may di&s;train through|out the whole County; and in like manner if the a|merciament be in a Leet, throughout all the precincts of the Leet.</P>
<P><NOTE PLACE="marg">Stat. E. 1. 4. </NOTE>The Statute of 1 <HI>E.</HI> 4. expre&s;ly appoints, that no fine or amerciament in the Tourn or Leet &s;hal be levied, unle&s;&s;e it be certified at the next &s;e&s;&s;ions of the peace by <HI>Indenture</HI> inrolled there, and by proce&s;&s;e made from, the Ju&s;tices of Peace to the Sheriffe or Stew|ard.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>How Pre&s;entments in Leets &s;hall be traver&s;able.</HEAD>
<P><NOTE PLACE="marg">Hill. 21. E. 3. Bar. 271. </NOTE>NOte, <HI>Scard</HI> &s;aith, that if a thing be pre&s;ented at the day in a <HI>Leet,</HI> this is as <HI>Go&s;pel,</HI> if it pa&s;&s;e that day without being repealed: And therefore if a fal&s;e pre&s;entment be made, he &s;hall have an action of fal&s;e impri&s;onment the &s;ame day again&s;t the pro&s;ecutors, but if he &s;tay until another day it is otherwi&s;e: and he who is amercied there for purpre&s;ture, or other Nu|&s;ance in <HI>Avowry,</HI> for the amerciament he &s;hall tra|ver&s;e in no point. <HI>Wilby,</HI> If it be pre&s;ented, that he hath levied a Ditch over the Highway, if the pre|&s;entment be fal&s;e, he &s;hall have tre&s;pa&s;&s;e again&s;t him who throwes it down by force of &s;uch pre&s;entment: And &s;o of my hou&s;e abated, by rea&s;on of &s;uch fal&s;e im|pri&s;onment, <HI>Hil. 21. E. 3. Bar.</HI> 271.</P>
<P><PB N="316" REF="172">
He who is amerced in a <HI>Leet,</HI> may traver&s;e the re&s;ian|cy, but he &s;hall not &s;ay, that the place where, &amp;c. is within another view, 4 <HI>E. 3. 12. 10 E. 3. 5. 41 E.</HI> 3. 26. But if he hath been &s;worn in my <HI>Leet,</HI> he &s;hall not have the traver&s;e, 4 <HI>E. 3. 31. 10 E.</HI> 3. 9.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>The Method of keeping the Sheriffs Tourn, or Court Leet.</HEAD>
<P>LEt the Sheriffe (or Steward) make a Precept unto the Bayliffe, to &s;ummon the Court by a rea&s;ona|ble time: to wit, fifteene or &s;ixteene dayes before the Court be kept (if it be le&s;&s;e time it is &s;ufficient in Law) the Precept mu&s;t be made according to this &s;ub&s;equent Pre&s;ident.</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="precept">
<P>A. B <HI>E&s;quire, Sheriff of the County of</HI> Y. <HI>To the Bay|liffe of the Liberty</HI> (or Weapentake) <HI>of</HI> S. <HI>greeting. I command you, that you diligently &s;ummon the Court, with view of franke-pledge, to be held within the &s;aid Li|berty the &s;ixteenth day of</HI> Augu&s;t <HI>next en&s;uing, about the hour of eight in the forenoon of the &s;ame day, at the common</HI> Tollbooth <HI>of</HI> R. <HI>And this given under the &s;eale of my Office the twenty eighth day of</HI> July, <HI>in the yeare, &amp;c.</HI></P>
<CLOSER><SIGNED>By the Sheriffe.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>If it be a Court Leet held in a particular Hundred, or Mannor of any Lord, then the form of the Precept is thus.</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="precept">
<P>A. B. <HI>Gent. Steward of</HI> I. N <HI>E&s;quire of his Hundred</HI> (or of his Mannor) <HI>of O. to the Bayliffe of the &s;ame Hun|dred</HI> (or Mannor) <HI>greeting. Commanding thee that thou &s;ummon this Court with the view of Frank-pledge of the &s;aid Hundred</HI> (or Mannor) <HI>to be held at the accu&s;tomed place of</HI> S. <HI>the 16. day of</HI> Augu&s;t <HI>next en&s;uing, And this given under my &s;eale the twenty eighth day of</HI> July <HI>in the year, &amp;c.</HI></P>
<CLOSER><SIGNED>By me <HI>A. B.</HI> Steward.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P><PB N="317" REF="172">
After the Steward hath placed him&s;elf in the Court, he mu&s;t fir&s;t enter the title of the Court in the begin|ning of the Court-Roll, with the name of the place where the Court is holden, in this manner:</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="entry">
<P><HI>The entry of the Court &s;s. The view of Frank-pledge with the Court of</HI> A. B. <HI>Sheriffe of the County of</HI> Y. <HI>there held on</HI> Tue&s;day <HI>the 16. day of</HI> Augu&s;t <HI>in the yeare. &amp;c.</HI></P>
<CLOSER><SIGNED>By the Sheriff.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>If In the Lords Court, then thus:</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="entry">
<P><HI>&s;s. The view of Frank-pledge with the Court of</HI> I. N. <HI>E&s;quire there held on</HI> Tue&s;day <HI>the,</HI> &amp;c.</P>
<CLOSER><SIGNED>By <HI>A. B.</HI> Steward.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>Then cau&s;e the Bayliffe to make three Proclama|tions, repeating them after the Steward in this man|ner.</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="proclamation">
<HEAD>Proclamation.</HEAD>
<P>ALL manner of per&s;ons who were &s;ummoned to appear here this day, to &s;erve His Highne&s;&s;e the Lord Protector, and the Sheriffe, <HI>(or the Lord of the Mannor)</HI> for his Court now holden, draw near, and give your attendance, and every one an&s;wer to his name, as he &s;hall be called, upon pain and peril that may fall thereon.</P>
</DIV1>
</BODY>
</TEXT></Q>
<P>After all are called, and tho&s;e that are ab&s;ent be marked to be amercied, then the Steward &s;hall cau&s;e the Bayliff again to make other three Proclamations, <HI>viz.</HI> O yes, &amp;c. cau&s;ing the Bayliff to &s;ay:</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="proclamation">
<HEAD>Proclamation.</HEAD>
<P>IF any man will be <HI>E&s;&s;oyned,</HI> come into Court and you &s;hall be heard, and all &s;uch per&s;ons as were <HI>E&s;&s;oyned</HI> the la&s;t Court let them come in now and war|rant their <HI>E&s;&s;oyns,</HI> otherwi&s;e they will be <HI>amercied.</HI> And if any de&s;ire to be e&s;&s;oyned by the <HI>Tythingman,</HI> or other neighbour, then for the fir&s;t Court they may be e&s;&s;oy|ned.</P>
</DIV1>
</BODY>
</TEXT></Q>
<P>The <HI>E&s;&s;oyn</HI> mu&s;t be entred in this manner:</P>
<Q><P>A. B. <HI>is e&s;&s;oyned by</HI> C. D. <HI>&amp;c.</HI></P></Q>
<P><PB N="318" REF="173">
<NOTE PLACE="marg">Inquiries.</NOTE>Inquire if there be any tenant in the <HI>Mannor</HI> that hath any action or cau&s;e of action, &s;ince the la&s;t Court day, let him put in his plaint <HI>&s;edente curi&acirc;, viz.</HI> the Court &s;itting, and it &s;hall be en|tred.</P>
<P>Inquire if there be any Precepts, attachments, or di&s;tre&s;&s;es depending in the Court rolls, call them openly in the Court, and know, if the Bayliffe have executed them.</P>
<P>Al&s;o if there be any old Plaints depending in the Court Roll before this court holden, cau&s;e the parties to be called, before the inque&s;t be charged.</P>
<P>Then impannel the <HI>Inque&s;t,</HI> comanding the fore-man to lay his hand upon the book, &s;wearing him as follows.</P>
<P><NOTE PLACE="marg">The oath of the fore-man of the Inque&s;t. </NOTE>You &s;hall &s;weare, that you &s;hall diligently inquire, and true pre&s;entment make of all &s;uch things as you &s;hall be charged with, concerning his Highne&s;&s;e the Lord Protector, (or the Lords Court of the Mannor) you &s;hall well and truly keep his Highne&s;&s;es Coun&s;el, your Fellowes and your owne: you &s;hall not conceale nor hide any thing for favour, feare, promi&s;e, or affe|ction you bear to any per&s;on or per&s;ons, or pre&s;ent any thing for hatred or malice you beare to any man: but you &s;hall pre&s;ent and tell the truth, according as things may or &s;hall come to your knowledge by informa|tion, or otherwi&s;e: making a true pre&s;entment thereof without concealment: &s;o helpe you God, <HI>&amp;c.</HI></P>
<P>After the fore-man is particularly &s;worne, cau&s;e foure (at once) of the Inque&s;t to lay their right hands together on the book, &s;wearing them in this manner.</P>
<P><NOTE PLACE="marg">The oath of the re&s;t of the In|que&s;t. </NOTE>The &s;ame oath which <HI>A. B.</HI> your fore-man on his behalfe hath made, you and every of you &s;hall well and truly keep on your behalfes: &s;o help you God.</P>
<P><HI>Swearing the re&s;t accordingly.</HI></P>
<P>After they are all &s;worn, cau&s;e the Bayliffe to num|ber them as the Steward doth read them.</P>
<P>Then command the Bayliffe to make Proclamation, &s;aying after the Steward.</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="proclamation">
<PB N="319" REF="173">
<HEAD>Proclamation.</HEAD>
<P>YOu good men that are impannelled to enquire for his Highne&s;&s;e the Lord Protector, and for the Lord of this Court or Law day, draw near and hear your charge all the re&s;t keeping &s;ilence whil&s;t the charge is in reading, upon pain and peril that &s;hall fall thereon.</P>
</DIV1>
</BODY>
</TEXT></Q>
<P>Before the charge gather the <HI>common fine,</HI> which the tenants do pay every <HI>Leet</HI> or Law day, acording to the cu&s;tome of the Mannor.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>The Exhortation before the Charge.</HEAD>
<OPENER><SALUTE>My Ma&s;ters,</SALUTE></OPENER>
<P>YOU of the Jury, the charge, which you by oath have promi&s;ed to ob&s;erve, toucheth, and concer|neth divers good Lawes and Statutes in&s;tituted and made for the pre&s;ervation of the publick Peace, and al&s;o for the private tranquillity of every one of you, and your po&s;terities, which matters the Sheriffe <HI>(or the Lord of this Franchi&s;e)</HI> con&s;idering and wi&s;hing your &s;ecurity, and de&s;iring likewi&s;e good orders to be ob|&s;erved and kept among you, that right and equity may be admini&s;tred to every of you, hath therefore cau&s;ed his Highne&s;&s;e the Lord Protectors <HI>Leete</HI> to be &s;ummoned 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 autho|rity you are brought hither, and wherein you are ob|liged to ob&s;erve.</P>
<P>The cau&s;es hereof are two.</P>
<P>1. The fir&s;t is, for that his Highne&s;&s;e, and royall predece&s;&s;ors, have given and granted unto the Sheriffe <HI>(or Lord of this Mannor)</HI> authority and power to keep a <HI>Leet,</HI> or Law day, twice in the year, at which <HI>Leet,</HI> or Law-day, all the <HI>Headboroughs, Tithingmen,</HI> &amp; <HI>Dezmers,</HI> and all other per&s;ons that are re&s;ident or inhabiting within the Juri&s;diction of this <HI>Leet,</HI> being above the
<PB N="320" REF="174">
age of twelve yeares, and under the age of &s;ixty, are bound by the Lawes of the <HI>Commonwealth</HI> to appeare: to the intent that the Lawes and Statutes may be there publi&s;hed and declared, &s;o that knowing the dangers of the not ob&s;erving of them, they may avoid divers inconveniences, which otherwi&s;e would have much prejudiced them: and further to inquire of the brea|kers of the &s;ame, and pre&s;ent them, that &s;uch offen|ders may receive condign puni&s;hment.</P>
<P>The other cau&s;e or authority is, for that you being the Lords tenants, are bound by rea&s;on of your tenure at the Lords <HI>Court Baron,</HI> when it &s;hall happen to be kept according to law, that is to &s;ay, at every three weeks end, <HI>(or according as the cu&s;tome is)</HI> and being here by the&s;e two authorities, you are bound to &s;erve in all &s;uch things, as you are legally and joyntly char|ged withall, as well concerning His Higne&s;&s;e the Lord Protectors <HI>Leet,</HI> as the Lords <HI>Court-Ba|ron.</HI></P>
<P>Now, to the intent that you may have better cognizance of your oath; I think it convenient (with your patience) to in&s;i&s;t a little upon it.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>What things are to be con&s;idered by a Jury in &s;wearing.</HEAD>
<P>IN &s;wearing three things are principally to be con&s;i|dered.</P>
<P N="1">1. That you &s;wear, to &s;eclude all favour and affecti|on <NOTE PLACE="marg">The fir&s;t con&s;i|deration.</NOTE> to the parties, not fearing the rich, nor pitying the poor, not con&s;idering the &s;implicity of any per&s;on, nor the &s;mallne&s;&s;e of the offence, but having an affection to truth before your eyes, declare that which is truth to your knowledge, and no fur|ther.</P>
<P N="2">2. The &s;econd is, you mu&s;t &s;wear in righteou&s;ne&s;s, <NOTE PLACE="marg">The &s;econd con|&s;ideration.</NOTE> <HI>viz.</HI> for the very zeal and de&s;ire you have in declaring the truth, <HI>for the executing of ju&s;tice,</HI> for the ob&s;erving of Covenants, hone&s;t promi&s;es, Statutes, Lawes, and good Cu&s;tomes, and having a re&s;pect in doing and
<PB N="321" REF="174">
performing the&s;e things, you do that which tends to the glory of God, the honour of the Lord Protector, the pre&s;ervation of the People and Common-wealth: which kinde of &s;wearing is the mandate of the Almighty. <NOTE PLACE="marg">Deut. c. 6.</NOTE><HI>Thou &s;halt feare the Lord thy God and &s;erve him, and &s;halt &s;weare by his Name.</HI> That is, we mu&s;t onely &s;erve and feare him, acknowledging his holy Name, which is done by a legall &s;wea|ring. It is al&s;o commanded in many places of the divine Writ, but conditionally; (to wit) we mu&s;t &s;weare in truth, in Judgment and righ|teou&s;ne&s;&s;e, &amp;c.</P>
<P N="3">3. In &s;wearing, and taking an <HI>Oath,</HI> you mu&s;t <NOTE PLACE="marg">The third con|&s;ideration.</NOTE> do it with Judgement, not ra&s;hly, nor unadvi&s;ed|ly, but &s;oberly, and with caution, con&s;idering what an oath is, which in briefe I will declare to you.</P>
<P><NOTE PLACE="marg">What an oath is. </NOTE>An <HI>Oath</HI> is, the recording or calling to witne&s;&s;e the name of God; to confirme the truth of that we &s;ay, and which is according to the te&s;timony of St. <HI>Paul. An oath for confirmation is among men an end</HI> <NOTE PLACE="marg">Hebr. cap. 6. v. 16, 17.</NOTE> <HI>of &s;trife.</HI> For in ambiguous and ob&s;cure matters, where the knowledge of men is brittle and fail|eth, we betake our&s;elves to God, that he which is the only Truth may give a Te&s;timony unto the truth, and he that u&s;eth God for a Witne&s;&s;e, doth al&s;o call for revenge of perjury at his hands, if he de|ceive and &s;peak not the truth: now, at the im|po&s;ition of your hands upon the Booke, you &s;weare truly to enquire, and make a true pre|&s;entment of the&s;e things wherewith you are char|ged, and not to let from declaring the truth, ei|ther for favour, fear, affection, or envy of any per&s;on: con&s;ider, that in this Book is recorded Gods eternall verity, whereby we have remi&s;&s;ion of <HI>errors</HI> and offen|ces, and an enjoyment of eternall <HI>&s;alvation.</HI> I am confident of your knowledge of the <HI>plagues</HI> and threats (in the <HI>Go&s;pel)</HI> to the ob&s;tinate, and perjured, bearers of fal&s;e and unju&s;t te&s;timony, condemners of innocent and guiltle&s;&s;e per&s;ons, &s;o that it you voluntarily perjure your &s;elves, you ab&s;olutely deny God, his mercy, truth, and the merits of our <HI>Saviour,</HI>
<PB N="322" REF="175">
betaking your &s;elves, and adhering to that De&s;troyer of mankinde, the <HI>Devil,</HI> the author of all pejury and per&s;idiou&s;ne&s;&s;e: and by for&s;wearing and for&s;a|king the truth, you for&s;ake <HI>Chri&s;t,</HI> the light and truth it &s;elfe. And although that perjury doth e&s;cape &s;ometimes une&s;pied, and puni&s;hed, and be kept &s;e|cret betweene &s;ome of you and others, yet your <HI>hearts</HI> will judge and repute one another fal&s;e, and be &s;u&s;pitious of each others actions. But God <HI>(that faithfull one of I&s;rael)</HI> will not deny him&s;elfe, neither will he &s;uffer the profanation of his <HI>Name</HI> to go unpu|ni&s;hed; when at the la&s;t day the &s;ecrets of all mens <HI>hearts</HI> &s;hall be apparent, then the truth and your <HI>Con|&s;ciences</HI> &s;hall be your accu&s;ers, and <HI>Chri&s;t</HI> the righte|ous <HI>Judge</HI> &s;hall ju&s;tly condemn you to eternall death and damnation. Which &s;in of <HI>perjury</HI> the mo&s;t High by his Prophet hath threatned to puni&s;h. Thus re|ferring <NOTE PLACE="marg">Malac. 3.</NOTE> this to your &s;erious con&s;iderations, and not to trouble you with prolixities, <HI>Verbum &s;at. &s;apienti, a word's enough to the wife.</HI> I will proceed and declare to you the Articles of your charge.</P>
</DIV4>
</DIV3>
<DIV3 TYPE="section">
<PB N="323" REF="175">
<HEAD>The Charge of the Court.</HEAD>
<P>YOu mu&s;t under&s;tand, That <HI>High trea&s;ons, petty trea&s;ons,</HI> and <HI>Felonies,</HI> which are again&s;t His Highne&s;&s;e the LORD PROTECTOR, are to be enqui|red of, and pre&s;ented in this Court; but not puni&s;h|able here, the which offences you mu&s;t &s;et down in writing, indented and &s;ealed, the one part to remain with the <HI>Steward,</HI> the other with the <HI>Jury,</HI> and the &s;ame mu&s;t be delivered to the Ju&s;tices of the next <HI>A&s;|&s;izes</HI> holden within the <HI>County.</HI></P>
<P><TABLE>
<ROW>
<CELL ROLE="label"><HI>The Charge of the Court-Leet.</HI></CELL>
<CELL ROLE="label">Judgment.</CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">High-Trea&s;on.</NOTE> 1. You &s;hall fir&s;t enquire of <HI>High trea&s;ons,</HI> as if there be any among you that do compa&s;s, imagine, or in|tend the death of his high|ne&s;s the Lord Protector, her highne&s;s, or their chil|dren, or of their con&s;en|ters, or to levy <HI>war</HI> again&s;t his Highne&s;&s;e, or be ad|herent to his <HI>enemies.</HI></CELL>
<CELL>Death, <HI>and forfeiture of all their goods, and chattels to his Highne&s;&s;e, as well real as per&s;onall, moveable and unmoveable, corn grow|ing, and all their debts due to them; &s;c. all &s;uch goods and chattels, &amp;c. as they had at the time of their at|tainder.</HI></CELL>
</ROW>
<ROW>
<CELL>2. If any counterfeit the <HI>great &s;eal of England,</HI> or money of this Common-wealth, or do clip, wa&s;h, or round the &s;ame.</CELL>
<CELL>Death, <HI>and lo&s;&s;e of goods; but of Lands during life one|ly, and no corruption of blood, nor forfeiture of</HI> Dower.</CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Petty-Trea&s;on.</NOTE>3. If a <HI>Servant</HI> kill his <HI>Ma&s;ter</HI> or <HI>Mi&s;tre&s;&s;e;</HI> or if a woman kill her husband, it is petty trea&s;on, and here inquirable.</CELL>
<CELL> Death, <HI>the</HI> E&s;cheat <HI>here|of appertains to the</HI> Lord of the Fee, <HI>for &s;uch trea&s;ons touch not his Highne&s;se him|&s;elfe.</HI></CELL>
</ROW>
<PB N="324" REF="176">
<ROW>
<CELL><NOTE PLACE="marg">Felony.</NOTE> 4 If one kill another in his owne defence, or by accident, it is here to be enquired of as blood-&s;hed, <HI>&amp;c. Stamf. 15. a.</HI></CELL>
<CELL><HI>Lo&s;&s;e of goods in both, and charter of pardon mu&s;t be purcha&s;ed for it.</HI> Stat, <HI>of</HI> Gloue. cap. 9.</CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Rape.</NOTE> 5 If any man ravi&s;h a Woman, whether Wife, Widow, or Maid, though &s;he doth afterwards <HI>a&s;sent,</HI> it is here enquirable as Tre&s;pa&s;&s;e. And their ay|ders and abettors are to be enquired of.</CELL>
<CELL>Death, <HI>and the lo&s;&s;e of Goods and Lands, the benefit of Clergy is taken away, by the Stat. of</HI> 18 Eliz. cap. 6. <HI>The ayders and abettors &s;hall receive the like puni&s;h|ment as well as he that com|mitted the fact.</HI></CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Burglary.</NOTE> 6 <HI>Burglary</HI> are tho&s;e, who in the time of peace, or in the night time with a felonious intent to rob or kill, doe breake any hou&s;es, Churches, walls or Gates, it is here inqui|rable. <HI>Stamf.</HI> &s;o. 30. <HI>b.</HI></CELL>
<CELL>Death, <HI>and lo&s;&s;e of lands goods, and &s;o &s;hall their ac|ce&s;&s;ary.</HI></CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Petty Larceny.</NOTE> 7 <HI>Petty Larceny,</HI> is the &s;elonious intent of taking of any thing under the value of 12 pence, as, <HI>Capons, Pigs, Hens,</HI> and &s;uch like, or cloths off hedges, and is here en|quirable.</CELL>
<CELL><HI>The puni&s;hment is corpo|rall, as</HI> whipping, <HI>and lo&s;&s;e of goods if they have any, for the law &s;uffers no offence to e&s;cape unpuni&s;hed.</HI></CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Phi&s;nomy defa|ced.</NOTE> 8 <HI>Putting out of eyes, cutting out of tongues,</HI> or disfiguring any member, to the intent they &s;hould not &s;ee nor &s;peake, is here inquirable, as blood-&s;hed.</CELL>
<CELL><HI>Iudgement of</HI> death, <HI>and lo&s;&s;e of lands and goods,</HI> 5 H. 7.</CELL>
</ROW>
<PB N="325" REF="176">
<ROW>
<CELL><NOTE PLACE="marg">Mi&s;pri&s;ion of Trea&s;on.</NOTE>9 <HI>Mi&s;pri&s;ion of Trea&s;on,</HI> is, if any know of Trea|&s;on, and concealeth it foure and twenty houres, you are to enquire of it.</CELL>
<CELL><HI>Lo&s;&s;e of goods and chat|tels for ever, of lands during life, and perpetuall impri|&s;onment, no baile being ad|mitted.</HI></CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Sorcerers and Conjurers, and Witches.</NOTE>10 You are to enquire of <HI>Conjurers</HI> and <HI>Witches,</HI> and &s;uch as practice <HI>Dia|bolicall</HI> Arts, or any <HI>In|chantments,</HI> whereby a|ny per&s;on &s;hall be killed, de&s;troyed, or con&s;umed, it is <HI>Felony</HI> in them, their abettors and con|cealers.</CELL>
<CELL> Death, <HI>grounded upon the Law of</HI> Mo&s;es, <HI>Exod. 21. 18. &amp; Levit. 20. 27. and lo&s;&s;e both of lands and goods,</HI> 5 Eliz. <HI>Some of our</HI> Pulpit tem|porizers <HI>would make</HI> A|&s;trology <HI>(that &s;ublime &s;ci|ence) one of the number; but the</HI> Law <HI>is not guilty of their</HI> ignorance.</CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Sacriledge.</NOTE>11 The taking away of Ornaments &s;eloniou&s;ly out of <HI>Churches</HI> or <HI>Chap|pels,</HI> is here inquirable as <HI>Felons.</HI></CELL>
<CELL> Death, <HI>no benefit of</HI> Clergy, <HI>Fru&s;tra petit auxi|lium Eccle&s;iae, qui peccat contra Eccle&s;iam.</HI></CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Taking of Doves, young Pigeons, Go&s;|hawks, fi&s;h, Cig|nets, Swans, Peacocks, dome|&s;tick Deere, and Robbery.</NOTE>12 The <HI>felonious</HI> ta|king of <HI>Doves</HI> in Dove|hou&s;es, yong pigeons, <HI>Go&s;|hawkes</HI> out of their ne&s;ts, taking of <HI>Fi&s;h</HI> out of ponds, &s;tews, or trunks, (but in a common River otherwi&s;e) or taking <HI>Cig|nets, Swans</HI> marked, <HI>Pea|cocks,</HI> or any dome&s;ticke <HI>Deere,</HI> knowing it to be &s;o, and &s;etting upon one in the high way, though he take but the value of a penny is <HI>Felony,</HI> and are here inquirable.</CELL>
<CELL> Death, <HI>with the lo&s;&s;e of lands, goods, and chattels, and the like to their acce&s;&s;a|ry.</HI></CELL>
</ROW>
<PB N="326" REF="177">
<ROW>
<CELL><NOTE PLACE="marg">Burning of hou|&s;es or barnes.</NOTE> 13. If any one &s;eloneou&s;|ly burne any dwelling hou&s;e, or barns, or &s;tacks, or mowes of corne in the night-&s;ea&s;on, it is felony at the common-Law, and by you to be inquired of.</CELL>
<CELL>Death, <HI>and lo&s;&s;e of goods and lands.</HI></CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Ace&s;&s;aries.</NOTE> 14. You are to enquire if any one procure or com|mand another to commit the <HI>felony,</HI> though he be not pre&s;ent when it is per|petrated, he is &s;aid to be an acce&s;&s;ary before the fact; or if any receive or aid a <HI>Felon,</HI> having knowledge of the fact which he committed, he is an acce&s;&s;ary after the fact, <HI>Stamf.</HI> 40.</CELL>
<CELL><HI>The Iudgment is the &s;ame as again&s;t the felon, accor|ding to the merit of the fact.</HI></CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">E&s;cape volunta|ry.</NOTE> 15. If any be arre&s;ted for felony, or any other crime, and afterwards the party in who&s;e cu&s;tody he is, tollerates him to go at large, this is a voluntary e&s;cape, and inquireable.</CELL>
<CELL><HI>It &s;hall be adjudged a|gain&s;t him that &s;uffered the e&s;cape, as if he were the offender,</HI> Stamf. <HI>fo.</HI> 33.</CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">E&s;cape negli|gent.</NOTE> 16. If one be arre&s;ted for felony, and e&s;capeth, contrary to the will of the arre&s;ter, and is not follow|ed with fre&s;h pur&s;uit, nor taken before the pur&s;uer lo&s;eth &s;ight of him: this is inquirable.</CELL>
<CELL><HI>Though he be afterwards taken, yet is it finable ac|cording to the quality of the offence.</HI></CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Re&s;cue.</NOTE> 17. If any <HI>re&s;cue</HI> and &s;et at liberty any per&s;on apprehended, and arre&s;ted for felony, it is felony in the Re&s;cuer, and here in|quirable, 1 <HI>H.</HI> 7. 9.</CELL>
<CELL><HI>The &s;ame judgment is as in a voluntary e&s;cape.</HI></CELL>
</ROW>
<PB N="327" REF="177">
<ROW>
<CELL COLS="2">18 <HI>The&s;e things mentioned in this fir&s;t part of the Charge, are here to be enqired of and pre&s;ented, but not puni&s;hable here, but are to be certified by the</HI> Steward <HI>to the</HI> Ju&s;tices <HI>of the Peace, at the</HI> Se&s;&s;ions <HI>next en&s;uing. But the matters contained in the &s;ub&s;equent part of the</HI> Charge, <HI>are here in this</HI> Leete <HI>to be enquired of, pre|&s;ented and puni&s;hed, but not certified, as is the part pre|ceding. And the&s;e are grounded upon the Common and Statute Lawes of this Common-wealth.</HI></CELL>
</ROW>
</TABLE>
<TABLE>
<ROW>
<CELL ROLE="label">Charge of the Leet.</CELL>
<CELL ROLE="label">Judgement.</CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Con&s;tables Tything-men.</NOTE>19 It behoveth you to enquire, if the <HI>Con&s;tables</HI> and <HI>Tything-men</HI> have not been remi&s;&s;e in executing their office upon <HI>Vaga|bonds, Rogues,</HI> and <HI>&s;turdy Beggars,</HI> that have com'n within their Liberty and charge.</CELL>
<CELL><HI>For every &s;uch neglect or default they ought to forfeit</HI> 20 s.</CELL>
</ROW>
<ROW>
<CELL>You ought al&s;o to en|quire of tho&s;e that &s;u&s;tain and feed them.</CELL>
<CELL><HI>The penalty is</HI> 10 s. <HI>for every time they give almes to &s;uch.</HI></CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Stocks.</NOTE>20 You &s;hall enquire if there be in every <HI>Tithing</HI> a pair of good and &s;uffici|ent <HI>&s;tocks</HI> according to the Stat. for the &s;evere puni&s;h|ing of idle per&s;ons.</CELL>
<CELL><HI>If there be not, the Ti|thing</HI> loo&s;eth 5 l.</CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Hue and Cry.</NOTE>21 Whether <HI>Hue</HI> and <HI>Cry</HI> after Theeves and Robbers hath beene duly pur&s;ued, lyes next in your way, to enquire of, pre&s;enting them that made default.</CELL>
<CELL><HI>The penalty or forfeiture of &s;uch default is</HI> 5 l.</CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Common Nu|&s;ance.</NOTE>22 All <HI>Purpre&s;tures</HI> are here enquirable, which are either in <HI>eligendo,</HI> or <HI>de&s;truendo,</HI> either in &s;etting up, or ca&s;ting
<PB N="328" REF="178">
downe any thing which may tend to a publique annoyance, as in levy|ing of Ditches or Hedges, or by making or filling up of Ditches, or if walls, hou&s;es, or pales be made and erected, or thrown downe, or any wayes or paths opened, or &s;topped to the damage of the people; or if any waters be &s;topped or diverted out of their right cour&s;e; or if the com|mon Rivers or watering places for Bea&s;ts be cor|rupted and annoyed with Hemp, Hay, and &s;uch like; or if any encroach|ment be upon the <HI>Kings high way,</HI> or any carrion or unwhol&s;ome thing be ca&s;t into the &s;ame.</CELL>
<CELL><PB N="327" REF="177">
<HI>The party offending for every time &s;o doing forfeit|eth</HI> 20 s. 33 <HI>H.</HI> 8. c. 17.</CELL>
</ROW>
<ROW>
<CELL><PB N="328" REF="178">
<NOTE PLACE="marg">Bridges decayd.</NOTE> 23 Inquiry is to be made of the defect of <HI>Bridges</HI> or <HI>Cau&s;wayes</HI> de|cayed and broken downe, and who ought to repaire them.</CELL>
<CELL><HI>The penalty is according to the di&s;cretion of the Iury upon the view.</HI></CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Common Pounds.</NOTE> 24 Inquiry is al&s;o to be made, if <HI>Common Pounds</HI> be good and clo&s;e to re|tain &s;uch di&s;tre&s;&s;e as &s;hall be brought to them, untill they be delivered thence by order of Law, and to pre&s;ent &s;uch as ought to keep them in &s;uch order if they be taken.</CELL>
<CELL><HI>This is al&s;o referred to the Iuries di&s;cretion.</HI></CELL>
</ROW>
<PB N="329" REF="178">
<ROW>
<CELL><NOTE PLACE="marg">Surveyors of high wayes.</NOTE>25 And fora&s;much as <HI>high wayes</HI> (e&s;pecially in winter) are very trouble|&s;ome to travell in, it was enacted the 1. 2. <HI>Ph. M. c.</HI> 8. That the <HI>Con&s;table</HI> and <HI>Church-wardens</HI> of every Pari&s;h within this Com|mon wealth &s;hould year|ly upon <HI>Tue&s;day</HI> or <HI>Wed|ne&s;day</HI> in <HI>Ea&s;ter week</HI> a&s;|&s;emble a number of the Pari&s;hioners, and elect two hone&s;t men of them to be <HI>Surveyors</HI> of the high ways for one yeare, and that they &s;hall have authority to direct the per&s;ons that &s;hall be appointed for the mending and repairing of them, according to their di&s;cretion, faithfully executing their office.</CELL>
<CELL><HI>Every Surveyor neglect|ing his office, and making default, forfeits</HI> 20 s.</CELL>
</ROW>
<ROW>
<CELL>Every per&s;on for every <HI>plowland</HI> in tillage or pa|&s;ture within the pari&s;h, and every per&s;on there keeping a draught or plough, &s;hall &s;end every day (that the ways are in mending) one Waine or Cart, with all nece&s;&s;aries convenient to carry things, and al&s;o two able men with the &s;ame.</CELL>
<CELL><HI>The penalty for every draught making default, is</HI> 20 s.</CELL>
</ROW>
<ROW>
<CELL>Every other <HI>Hou&s;hold|er, Cottager,</HI> &amp; <HI>Labourer,</HI> not being an hired &s;er|vant by the year, &s;hall by them&s;elves, or one &s;uffi|cient Labourer, upon every of the &s;aid dayes work there.</CELL>
<CELL><HI>The penalty for every one making default every day,</HI> 8 d.</CELL>
</ROW>
<PB N="330" REF="179">
<ROW>
<CELL><NOTE PLACE="marg">Ditches, hedges, and high wayes kept and &s;cour|ed.</NOTE> 26 You &s;hall enquire if any Heyes, Fences, Dikes or Hedges, next adjoyning on every &s;ide, to any high or common wayes, be not from time to time ditched, &s;cour|ed, repaired, and kept, and all trees and bu&s;hes growing in the high-wayes, be cut down by the owners of the ground or &s;oyle, where|by the wayes are opened, and the people may have a more ea&s;ie pa&s;&s;age. <NOTE PLACE="marg">Boundaries'.</NOTE></CELL>
<CELL><HI>Every per&s;on not &s;o do|ing forfeiteth 20 s.</HI> 18 E|liz. 9.</CELL>
</ROW>
<ROW>
<CELL>27 You &s;hall further enquire, if any ancient bounds, or Land-marks be withdrawn and taken away, &s;uch as di&s;tingui&s;h or divide <HI>Hundreds, Pa|ri&s;hes, Tythings, Com|mons. Common-meadows, and Common fields,</HI> to a|void confu&s;ion, and con|&s;equently di&s;&s;ention. 18 <HI>Eliz.</HI> 2.</CELL>
<CELL><HI>Fined according to the di&s;cretion of the Jury.</HI></CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Hedg-breakers.</NOTE> 28 You &s;hall further enquire, if any common breakers of hedges or &s;ences, by which their neighbours ground is made &s;ubject to the in|cur&s;ions of Cattel, which are the grounds of many actions of Tre&s;pa&s;&s;e, to the di&s;turbance of the peace of the Comon|wealth.</CELL>
<CELL><HI>Such offenders are to be &s;tocked and whipped.</HI></CELL>
</ROW>
<PB N="331" REF="179">
<ROW>
<CELL><NOTE PLACE="marg">Pound-breach.</NOTE>29 You &s;hall al&s;o en|quire of the <HI>breach of any common Pownd</HI> to take a|way di&s;tre&s;&s;e out of it, though the di&s;tre&s;&s;e be without cau&s;e. Or if any &s;hall re&s;cue, or take a|way by force any cattell, which is di&s;trained for a|ny rent, amerciament or other cau&s;e, before it be <HI>in cu&s;todia legis,</HI> in the cu&s;tody of the Law, or impounded, it is pre&s;en|table.</CELL>
<CELL><HI>Fineable according to the di&s;cretion of the Iury. Or a Writ <HI>de pareo fra|cto,</HI> lyeth again&s;t him as Common Law. <HI>F. N. B.</HI> 139.</HI></CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Blood-&s;hed.</NOTE> 30 You &s;hall al&s;o en|quire, if any a&s;&s;aults be committed, whereby blood-&s;hed en&s;ueth to the di&s;turbance of the people of this Common wealth, is here inquirea|able. 1 <HI>R. 3. fo.</HI> 1.</CELL>
<CELL><HI>The fine for the offence is accoding to the di&s;cretion of the Iury, but commonly it is</HI> 3 s. 4 d.</CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Re&s;cous.</NOTE> 31 You &s;hall further enquire if any <HI>Re&s;cous</HI> were committed upon the <HI>Sheriffe</HI> or his <HI>Baylifs</HI> in di&s;turbance of them, from the taking and de|taining any per&s;on arre|&s;ted.</CELL>
<CELL><HI>An action lyeth again&s;t the offender at the Common Law.</HI></CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Common Bar|retors.</NOTE> 32 You &s;hall enquire if there be within the precincts of this <HI>Leet</HI> any <HI>Common Barretors,</HI> &s;uch as are common incendiaries of &s;trife, and di&s;cord among&s;t their neighbors, and are ever fi&s;hing in troubled waters, they are of both fexes, <HI>&s;coulds, brawlers, inventers,</HI> and <HI>di&s;per&s;ers</HI> of <HI>calumnies,</HI> and reports, whereby di&s;|cord and inquietude ari|&s;eth in the Countrey.</CELL>
<CELL><HI>Such per&s;ons mu&s;t give &s;ureties for their good be|haviour, being di&s;turbers of the peace.</HI></CELL>
</ROW>
<PB N="332" REF="180">
<ROW>
<CELL><NOTE PLACE="marg">Alehou&s;e-keep|ers.</NOTE> 33 You &s;hall enquire if any <HI>Alehou&s;e-keeper,</HI> &amp;c. have permitted any Inhabitant or Town&s;|man (except labourers and handicrafts men, or per&s;ons invited by Tra|vellers) to continue tip|ling or drinking in any &s;uch hou&s;e.</CELL>
<CELL><HI>The paine or forfeiture of the</HI> Alehou&s;e-keeper, <HI>for every &s;uch offence (to the u&s;e of the poore of the Pari&s;h)</HI> 10 s.</CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Fore&s;taller.</NOTE> 34 You &s;hall enquire if any buy, or cau&s;e to be bought any victuall, or other thing, coming towards any Fair or mar|ket to be &s;old in the &s;ame, or &s;hall make any bargain, contract, or promi&s;e, for the having or buying of the &s;ame, before it &s;hall be in the Market, <HI>&amp;c.</HI> &s;uch &s;hall be judged a <HI>Fore&s;taller.</HI></CELL>
<CELL>He that is convict there|of, is for the fir&s;t time to be impri&s;oned for 2 moneths, and lo&s;se of the value of the thing &s;old. The 2d time impri&s;oned by the &s;pace of halfe a year, and &s;hall loo&s;e the double value of the goods, <HI>&amp;c.</HI> The 3d time during his Highne&s;ses plea&s;ure, and judgement of the <HI>Pillory,</HI> forfeiting all his goods and chattels. See Stat. 5 <HI>E. 6 cap.</HI> 14.</CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Regrator.</NOTE> 35 You &s;hall enquire if any <HI>regrate</HI> any corne, butter, chee&s;e, or other dead or quick victuals what&s;oever, that &s;hall come to any Fair or Market to be &s;old, and doth &s;ell the &s;ame a|gaine in any Faire or Market, holden in the &s;ame place, or within four miles thereof, &s;hall be judged a <HI>Regrator.</HI></CELL>
<CELL><HI>The judgement of a Fore&s;taller.</HI></CELL>
</ROW>
<PB N="333" REF="180">
<ROW>
<CELL><NOTE PLACE="marg">Ingro&s;&s;er.</NOTE> 36 You &s;hall enquire if any do ingro&s;&s;e and get into their hands, or pro|mi&s;e taking, (unle&s;&s;e it be by <HI>demi&s;e, grant,</HI> or <HI>lea&s;e</HI> of Land) any Corne growing in the Fields or otherwi&s;e, butter, chee&s;e, or other dead Victuall, to the intent to &s;ell again, &s;hall be reputed an illegall <HI>Ingro&s;&s;er.</HI></CELL>
<CELL><HI>The &s;ame judgement of a</HI> Fore&s;taller <HI>and</HI> Regra|tor.</CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">A&s;size of bread.</NOTE> 37 You &s;hall enquire if any <HI>Baker</HI> &s;hall make and put to &s;ale any bread which is not of good and &s;ufficient weight, and a&s;&s;ize, according to the rate and prices of come and graine in the Mar|kets adjoyning, or &s;uch as is not whol&s;ome nou|ri&s;hment for <HI>Man.</HI> And that he &s;et his owne <HI>&s;ignet</HI> 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.</CELL>
<CELL>For the fir&s;t, &s;econd, and third time he &s;hall be <HI>amer|ced</HI> according to the merits of the fault, and &s;hall from time to time loo&s;e his bread &s;o found deficient in weight. But if he tran&s;gre&s;&s;e the fourth time, then mu&s;t he in the open Faire or Maket &s;tand upon the <HI>pillory.</HI></CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Brewers.</NOTE>38 You &s;hall likewi&s;e enquire if any <HI>Brewers</HI> or <HI>Tiplers</HI> do not keep &amp; ob|&s;erve the <HI>A&s;size</HI> of <HI>Ale</HI> &amp; <HI>Beer,</HI> and that it be made healthful for mans body, not &s;etting the &s;ame to &s;ale till it be ta&s;ted by the <HI>Officer</HI> (called the <HI>Aleta|&s;ter)</HI> on that behalfe ap|pointed, according to the Laws and Statutes of this <HI>Common-wealth 5 H. 3. 58 Ed.</HI> 3.</CELL>
<CELL><HI>For the fir&s;t, &s;econd, and third time he &s;hall be</HI> amer|ced.
But for the fourth offence he &s;hall goe to the <HI>Tum|brel.</HI></CELL>
</ROW>
<PB N="334" REF="181">
<ROW>
<CELL><NOTE PLACE="marg">Victuallers.</NOTE> 39 You &s;hall further enquire if any <HI>Victualler,</HI> together with <HI>Poulterers, Cookes, Butchers, Bakers,</HI> or <HI>Brewers,</HI> have con&s;pi|red or made oath not to &s;ell any Victuals but at certaine prices; enquiring likewi&s;e of the like con|&s;piracies of <HI>Artificers</HI> and Labourers, to do but cer|taine worke in a day, and that at certain hours.</CELL>
<CELL><HI>Every &s;uch per&s;on &s;o do|ing, being thereof lawfully convicted, &s;hall forfeit for the fir&s;t offence 10 l. within &s;ixe dayes after conviction, or 20 dayes impri&s;onment, having onely bread and wa|ter for his &s;u&s;tenance. For the 2d. offence 20 l. or el&s;e to &s;tand on the</HI> pil|lory.
<HI>And for the 3d. offence</HI> 40 l. <HI>or the</HI> pillory, <HI>and to loo&s;e one of his</HI> eares, <HI>and ever after to be taken as, an infamous per&s;on, and his oath not to be credited in any matters of judgement.</HI></CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Inne-holders.</NOTE> 40 You &s;hall enquire if any <HI>Inne-holders</HI> or <HI>Ho&s;t|lers,</HI> &s;ell their hor&s;e bread, bay, oates, beans, peafe, provender, and all kinde of victuall, both for man and bea&s;t, for rea&s;onable profit, having re&s;pect to the prizes in the market.</CELL>
<CELL><HI>For the fir&s;t offence to be fined according to the quan|tity of the offence. The 2d. conviction, im|pri&s;onment for one moneth without baile,
The 3d. to &s;tand on the</HI> pillory. <HI>And the 4th. after judg|ment of the</HI> pillory <HI>given, he &s;hall be fore-judged from keeping any</HI> Inne <HI>again.</HI></CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Butchers.</NOTE> 41 You &s;hall enquire if any <HI>Butchers</HI> do &s;ell any manner of corrupt victu|als, or any contagious fle&s;h, that dyed of any Murrain or any other di&s;|ea&s;e, or kill or &s;ell the fle&s;h of any <HI>Bull</HI> unbaited, or do puffe and blow up meate with their breath, whereby it proves deceit|full and unwhol&s;ome.</CELL>
<CELL><HI>Fineable.</HI></CELL>
</ROW>
<PB N="335" REF="181">
<ROW>
<CELL>He &s;hall not kill any <HI>Calfe</HI> to &s;ell, being under the age of five weeks.</CELL>
<CELL><HI>The forfeiture for every</HI> Calfe <HI>&s;o killed and &s;old, is 3 s.</HI> 4 d.</CELL>
</ROW>
<ROW>
<CELL>Neither &s;hall he u&s;e the crait or my&s;tery of a <HI>Tan|ner,</HI> during the time he is a <HI>Butcher.</HI></CELL>
<CELL><HI>For everyday, 6 s. 8 d.</HI></CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Fal&s;e weights and mea&s;ures.</NOTE>42 You &s;hall likewi&s;e enquire if any keep and u&s;e any fal&s;e weights and mea&s;ures of bu&s;hels, gal|lons, ells, yards, or fal&s;e weights, ballances, or pounds; or if any u&s;e double weights, the grea|ter to buy with, and the le&s;&s;er to &s;ell with, to de|ceive the Nation.</CELL>
<CELL><HI>To &s;uffer</HI> impri&s;onment <HI>untill he hath made fine to the</HI> Lord Protector <HI>for his offence.</HI></CELL>
</ROW>
<ROW>
<CELL>And if any &s;ell any Corne, Wine or Ale but by a &s;ealed mea&s;ure.</CELL>
<CELL><HI>For the fir&s;t offence, 6 s. 8 d. 
The &s;econd offence 13 s. 4 d.
The third offence 20 s. to be &s;et on the</HI> pillory, <HI>and the mea&s;ure not &s;ealed to be broken.</HI></CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Tanners.</NOTE> 43 You &s;hall al&s;o en|quire if any <HI>Tanner</HI> doth u&s;e the my&s;tery of a <HI>Shoo|maker, Currier,</HI> or <HI>Butcher.</HI></CELL>
<CELL><HI>The pain is to loo&s;e all the hides or skins &s;o wrought, or the value thereof.</HI></CELL>
</ROW>
<ROW>
<CELL>Or if he <HI>fore&s;tall</HI> any <HI>hides</HI> coming to the Mar|ket, or buy any hides in open Market, unle&s;&s;e it be of a Bea&s;t killed for ones own private provi&s;ion.</CELL>
<CELL><HI>For every</HI> hide <HI>&s;o bought he forfeits 6 s.</HI> 8 d.</CELL>
</ROW>
<ROW>
<CELL>Or if he have offered to &s;ell any <HI>Leather</HI> before it be well dried, &s;orted, &amp; marked, or hath tanned any &s;heeps skins, or if he put his <HI>Leather</HI> into any warm <HI>woozes.</HI></CELL>
<CELL><HI>For every offence 10 l. and to &s;tand on the</HI> pillory <HI>three &s;everall Market dayes.</HI></CELL>
</ROW>
<PB N="336" REF="182">
<ROW>
<CELL><NOTE PLACE="marg">Curriers.</NOTE> 44 You &s;hall enquire if any <HI>Currier</HI> doth exer|ci&s;e the mi&s;tery of a <HI>Tan|ner</HI> or <HI>Shoomaker,</HI> during the time he &s;hall exerci&s;e the trade of a <HI>Currier,</HI> or if he &s;hall curry any hide or skin (except it be per|fectly tanned) being not thorowly dry, or &s;hall burn or &s;cald any hide or leather in the currying.</CELL>
<CELL><HI>To forfeit for every hide or skin 6 s.</HI> 8 d. <HI>and the value of every hide or skin &s;poyled by his workman|&s;hip.</HI></CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Shoomakers</NOTE> 45 You &s;hall further enquire if any <HI>Shoomaker</HI> do cau&s;e any boots, &s;hoos, &s;lippers, <HI>&amp;c.</HI> to be made of any Leather, but &s;uch as is well and truly tan|ned, curryed, and &s;ub&s;tan|tially &s;owed.</CELL>
<CELL><HI>The penalty for every paire of &s;hooes, boots,</HI> &amp;c. <HI>made or &s;old otherwi&s;e, 3 s.</HI> 4 d. <HI>and the full value of the &s;ame.</HI></CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Searchers and &s;ealers of lea|ther.</NOTE> 46 You &s;hall enquire if any <HI>&s;earcher</HI> and <HI>&s;ealer</HI> of Leather do refu&s;e with convenient &s;peed to &s;eale any lawfull Leather.</CELL>
<CELL><HI>The penalty for every &s;uch offence is 40 s.</HI></CELL>
</ROW>
<ROW>
<CELL>Or if he receive any <HI>bribe,</HI> or exact any <HI>fee</HI> for the execution of his office (except what is limited by the Statute.)</CELL>
<CELL><HI>For every &s;uch</HI> bribe <HI>or</HI> &s;ee 20 l.</CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">&V;nlawfull games.</NOTE> 47 You &s;hall enquire if any keepe or maintaine any <HI>common hou&s;e, Alley,</HI> or place of <HI>bowling, Card|ing, Dicing,</HI> or any other game prohibited by any Statute, or any other ille|gal game, hereafter to be &s;ound out or invented.</CELL>
<CELL><HI>For every day 40 s.</HI></CELL>
</ROW>
<PB N="337" REF="182">
<ROW>
<CELL>Every per&s;on that is found playing in the faid places or hou&s;es, &s;hall be by you enquired after.</CELL>
<CELL><HI>Forfeiteth for every time 6. s. 8. d.</HI></CELL>
</ROW>
<ROW>
<CELL>All <HI>Con&s;tables, Tything-men, Bayliffs,</HI> &amp;c. ought to &s;earch once every moneth for unlawful games, as well within the <HI>Franchi&s;e,</HI> as without.</CELL>
<CELL><HI>In default thereof, they forfeit for every moneths neglect 40. s.</HI></CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Shooters in handguns Cro&s;howes, &amp;c.</NOTE>48. You &s;hall al&s;o en|quire, of &s;uch as &s;hoot ei|ther in <HI>handguns</HI> or <HI>pi&s;tols, Cro&s;howes</HI> or <HI>&s;tone bowes;</HI> for all are prohibited to &s;hoot in them, (except &s;uch as can di&s;pend 100. l. <HI>per annum)</HI> at any <HI>Herne, Duck, Mallard, Phe|&s;ant, Partridge, Pigion, Heathcock, Teal,</HI> or <HI>Wi|geon.</HI></CELL>
<CELL><HI>Upon pain of</HI> 10. l. <HI>for every time he &s;hoots.</HI></CELL>
</ROW>
<ROW>
<CELL>Or, (1. <HI>Jac.)</HI> he that &s;hoots at any of the &s;aid fowles, or at any <HI>Deere,</HI> or <HI>hare,</HI> and cannot di&s;|pend ten pounds <HI>per an|num</HI> in land, nor is worth two hundred pounds in per&s;onal e&s;tate.</CELL>
<CELL><HI>Forfeits for every &s;hoot 20. s. to the u&s;e of the poor of the pari&s;h, if he neither will nor can pay &s;o much; then 3. monethes impri&s;on|ment, if he can di&s;pend</HI> 10. l. <HI>a year or above then the pain is 40. s. and find|ing &s;ufficient-&s;ureties that he &s;hall not commit the like offence again.</HI></CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Fry of fi&s;h.</NOTE> 49. You &s;hall further enquire of &s;uch as de&s;troy any <HI>fry of fi&s;h,</HI> in the wa|ters, &s;treames or rivers, within the precincts of this <HI>Leete</HI> with any man|ner of <HI>net,</HI> or any devi&s;e or engine, <HI>(angling ex|cepted.)</HI></CELL>
<CELL><HI>The penalty is for every time 20. s. The fi&s;h taken, and the nets, &amp;c.</HI></CELL>
</ROW>
<PB N="338" REF="183">
<ROW>
<CELL><NOTE PLACE="marg">Phe&s;ant and Partridges.</NOTE> 50. You &s;hall al&s;o in|quire if any have de&s;troy|ed any <HI>Phe&s;ants</HI> or <HI>Par|tridges,</HI> with any nets or other devi&s;es in the night time.</CELL>
<CELL><HI>For every</HI> Phe&s;ant 20. <HI>s. and every</HI> Partridge 10. <HI>s. to be paid within 20. daies after conviction, or one moneths impri&s;onment.</HI></CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Hawking or hunting with &s;paniels, &amp;c.</NOTE> 51. Or if any do <HI>hawk</HI> or <HI>hunt</HI> with <HI>&s;panniels,</HI> where corn growes, except it be in his own ground.</CELL>
<CELL><HI>The penalty is</HI> 40. s. <HI>to the party vexed.</HI></CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Tracing of hare.</NOTE> 52. You &s;hall enquire if any do de&s;troy or kill <HI>hares</HI> by traceing in the &s;now, with a <HI>dogg</HI> or otherwi&s;e.</CELL>
<CELL><HI>The penalty to the Lord of the</HI> Leet <HI>for every</HI> hare <HI>is</HI> 6. s. 8. d.</CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Breaking of ponds.</NOTE> 53. You &s;hall likewi&s;e enquire, if any do break any <HI>pond, pool,</HI> or other pits, wherein the Lord of the <HI>Leet</HI> hath fi&s;h, to the intent to de&s;troy and &s;teal them away.</CELL>
<CELL><HI>He &s;hall pay to the Lord treble damages, &s;uffer im|pri&s;onment for 3. moneths, and finde &s;ureties for his good behaviour for &s;even years.</HI></CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Eve&s;dropers.</NOTE> 54. You &s;hall enquire of <HI>Eve&s;droppers,</HI> &s;uch as &s;tand under walls or windowes, by night or day to hear newes, and to carry it to others to make &s;trife and debate among&s;t their neigh|bours, the&s;e are evil members of the Com|monwealth, and here in|quirable.</CELL>
<CELL><HI>Such offendes are puni&s;h|able according to the di&s;|cretion of the Jury.</HI></CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Mu&s;ters.</NOTE> 55. You are to enquire if any refu&s;e to go to <HI>Mu&s;ter,</HI> or ab&s;ent him&s;elf without any lawful impe|diment.</CELL>
<CELL><HI>The penalty is</HI> 40. s. <HI>and ten dayes impri&s;onment.</HI></CELL>
</ROW>
<PB N="339" REF="183">
<ROW>
<CELL><NOTE PLACE="marg">Hor&s;es infected</NOTE> You &s;hall enquire if any have put to pa&s;ture any <HI>&s;toned hor&s;es, gelding</HI> or <HI>mare</HI> infected with the &s;cab, or other infecti|ous or contagious di&s;|ea&s;e, into or upon any Common or Common fieldes.</CELL>
<CELL><HI>The Penalty to the Lord of the Leet (for every &s;uch hor&s;e &s;o infected) is 10. s.</HI></CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Watch and Ward.</NOTE> 57. You likewi&s;e &s;hall enquire if <HI>Con&s;tables</HI> have been dilligent in &s;eeing the peace kept &amp; ob&s;erved <HI>watch</HI> and <HI>ward,</HI> from the day of the <HI>A&s;cen&s;ion</HI> until <HI>Michaelmas</HI> day every night from the &s;etting of the Sun, until its ri&s;e|ing, 13. <HI>E.</HI> 1. c. 4. and if they have been remi&s;s in any thing touching any part of their oath it is pre&s;entable.</CELL>
<CELL><HI>For &s;uch neglect the Con&s;tables are fineable ac|cording to the di&s;cretion of the Jury.</HI></CELL>
</ROW>
<ROW>
<CELL>[Enquire the like of all the re&s;t of the officers, according to the places they are in, as the <HI>Tything|man, Surveyors</HI> of the high wayes, <HI>Searchers</HI> and <HI>Sealers</HI> of Lether, &amp;c.]</CELL>
<CELL>&nbsp;</CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Mortmaine.</NOTE>58. You &s;hall al&s;o en|quire if any man hath given any Lands in <HI>Mort|maine, viz</HI> to any <HI>Cor|porations,</HI> or <HI>Fraternity, Religious hou&s;es,</HI> or <HI>Reli|gious per&s;ons,</HI> without li|cence.</CELL>
<CELL><HI>Such gift or devi&s;e is void, and the Lord &s;hall have it.</HI></CELL>
</ROW>
<ROW>
<CELL><NOTE PLACE="marg">Trea&s;ure trove</NOTE> 59. You &s;hall al&s;o en|quire of <HI>trea&s;ure trove, viz. trea&s;ure found</HI> with|in the precincts of this <HI>Leete,</HI> either within or above the ground, the hiders not being known to any man.</CELL>
<CELL><HI>It appertains to the Lord of the Leete.</HI></CELL>
</ROW>
<PB N="340" REF="184">
<ROW>
<CELL><NOTE PLACE="marg">Waifes, E&s;trayes, &amp;c.</NOTE> 60. You &s;hall likewi&s;e enquire of all <HI>E&s;trayes</HI> and <HI>waifes;</HI> as if there be any Hor&s;es, Mares, or other cattel, or Swans, that have come within the Juri&s;diction, and re|mained there a year and a day, and not claimed, the&s;e are <HI>E&s;trayes.</HI></CELL>
<CELL><HI>The Lord may have them by pre&s;cription.</HI></CELL>
</ROW>
<ROW>
<CELL>And <HI>Waifes</HI> are cattel &s;toln, and waved out of the po&s;&s;e&s;&s;ion of him that &s;tole them, as a thief being pur&s;ued with <HI>hue and cry</HI> to &s;ave him|&s;elf doth delinqui&s;h them, they are called by the <HI>Civillians, bona dere|licta)</HI></CELL>
<CELL><HI>The&s;e</HI> Waifes <HI>appertein to his Highne&s;&s;e, unle&s;&s;e the Lord have them by grant in his</HI> Charter.</CELL>
</ROW>
</TABLE></P>
<P><NOTE PLACE="marg">Conclu&s;ion. </NOTE>But not to charge your patience with prolixities; if there &s;hall be any other matter come to your know|ledge, omitted in the charge, and fitting to be pre&s;ent|ed, you &s;hall enquire and pre&s;ent it with the re&s;t.</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="proclamation">
<HEADNOTE>
<P><HI>Then after the charge is concluded, the Steward &s;hall command the Cryer to make proclamation, and after Proclamation made three times, the Steward &s;hall &s;ay;</HI></P>
</HEADNOTE>
<P><NOTE PLACE="marg">Proclamation. </NOTE>If any can inform the <HI>Steward</HI> or this <HI>Inque&s;t,</HI> of any <HI>Trea&s;on, petty trea&s;on, Felony, petty Larceny, pur|pre&s;ture, breaking of pondes,</HI> or of <HI>Re&s;cou&s;e,</HI> or of any other thing acted again&s;t the peace, or of any mi&s;de|meanor of any officer or other per&s;on here, or of any <HI>waife</HI> or <HI>&s;tray, Trea&s;ure found, Mortmaine</HI> or of any other thing here to be enquired of, come into <HI>Court</HI> and you &s;hall be heard.</P>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="oath">
<HEADNOTE>
<P><PB N="341" REF="184">
<HI>If any come in, and appear, let him be &s;worn thus;</HI></P>
</HEADNOTE>
<P><NOTE PLACE="marg">The Oath. </NOTE>The <HI>Evidence</HI> that you &s;hall give to this <HI>In|que&s;t,</HI> &s;hall be the truth, the whole truth, and nothing but the truth; <HI>So help you God, &amp;c.</HI></P>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="charge">
<HEADNOTE>
<P><HI>Then let the Steward &s;ay to the Jury.</HI></P>
</HEADNOTE>
<P>Go together, and enquire of the matters of your charge, and when you are agreed I &s;hall be ready to take your pre&s;enments.</P>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="adjournment">
<HEADNOTE>
<P><HI>Then adjourn the Court by Proclamation, until af|ter dinner, in this manner.</HI></P>
</HEADNOTE>
<P>All manner of per&s;ons that have any more to do at this Court, may for the pre&s;ent time depart, and appear here again at one of the clock in the afternoon.</P>
</DIV1>
</BODY>
</TEXT></Q>
<Q><TEXT>
<BODY>
<DIV1 TYPE="reconvention">
<HEADNOTE>
<P><HI>After your return from dinner, call the Court by proclamation, and after</HI> O yes <HI>three times, &s;ay,</HI></P>
</HEADNOTE>
<P>All manner of per&s;ons 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 an&s;wer the contrary at their perill.</P>
</DIV1>
</BODY>
</TEXT></Q>
<P>Then take the pre&s;entments of the <HI>Jury</HI> if they be there ready with them; otherwi&s;e, give them a day to bring them in, adjourning the Court till then. At that day call the Court. And then call the <HI>Jury,</HI> every man by his <HI>name,</HI> and if they all appear; take their pre|&s;entments, and ask them if they be all agreed; if
<PB N="342" REF="185">
they &s;ay <HI>Yes.</HI> Then ask them if they be content that their pre&s;entments &s;hall be altered in form, if they grant it, then take them, read them, and a|mend the form if need require; &s;ee that they be brought under their hands and &s;eals for the <HI>Stewards</HI> warrant.</P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="adjournment">
<HEADNOTE>
<P><HI>Then di&s;charging the Court with Proclamation, comand the Cryer to &s;ay, O yes, three times, and &s;ay,</HI></P>
</HEADNOTE>
<P><NOTE PLACE="marg">Adjournment. </NOTE>All manner of per&s;ons that have appeared and have any thing more to do at this Court Leete holden here this day; Let them come forth and they &s;hall be heard, otherwi&s;e they may depart and are di&s;charged of their attendance, and are to keep their day again upon a new <HI>Summons.</HI></P>
</DIV1>
</BODY>
</TEXT></Q>
<P>I &s;hall not need to trouble you with pre&s;idents of pre&s;entments, (&s;eeing that they are &s;o copi|ou&s;ly performed by <HI>Mr. Kitching in his Juri&s;dicti|on of Courts, and Wilkin&s;on in his office of Sheriffs)</HI> onely with three or four for methods &s;ake.</P>
<DIV4 TYPE="subsection">
<HEAD>A Pre&s;entment of Petty Trea&s;on.</HEAD>
<P>FIr&s;t, the <HI>Jury</HI> afore&s;aid &s;ay and pre&s;ent upon their <HI>oath,</HI> That A. B. &amp;c. at <HI>Skipton,</HI> within the Ju|ri&s;diction of this Court, as a <HI>Felon</HI> of his High|ne&s;s the Lord Protector, &amp;c. did make and coyn twenty &s;ilver peeces of money called &s;hillings, and forty &s;ilver peeces of money called half crownes fal&s;ely and felloniou&s;ly (having not fir&s;t gotten his Highne&s;&s;es Letters Patents) again&s;t the peace of his &s;aid Highne&s;&s;e, and his Dignitie, and again&s;t the form of the Statute in this ca&s;e provided and pub|li&s;hed.</P>
</DIV4>
<DIV4 TYPE="subsection">
<PB N="343" REF="185">
<HEAD>A Pre&s;entment of Felony for burning a hou&s;e.</HEAD>
<P>AL&s;o they pre&s;ent, That one A. B. of &amp;c. <HI>gent.</HI> &s;uch a day, &amp;c. at C. within the Juridiction of this Court, by force and Armes, &amp;c. willfully and feloniou&s;ly (of malice by him pretended) did burn the hou&s;e of one E. F. again&s;t his Highne&s;&s;es peace, and the peace of the Commonweall; therefore the Bayliff is commanded to &s;ei&s;e all his lands and tene|ments, goods and chattells, that he may an&s;wer for them to the Lord of this Mannor.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>A Pre&s;entment of a Felon.</HEAD>
<P>AL&s;o they pre&s;ent, That A. B. of &amp;c. Yeoman' &s;uch a day, &amp;c. at S. within the Juri&s;diction of this Court by force and arms, &amp;c. and again&s;t the publick peace, the Clo&s;e of C D. at S. afore&s;aid broke and entred into, and one &s;ilk coat, called Tab|by, of an A&s;h colour, of the goods and chattels of the &s;aid C. D. then and there found, feloniou&s;ly took and carryed away. Therefore it is commanded the Bayliff, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>A Pre&s;entment of an Acce&s;&s;ary.</HEAD>
<P>AL&s;o they pre&s;ent, that A. B. of S. afore&s;aid gent. &s;uch a day, &amp;c. at S. afore&s;aid within the Juri&s;diction of this Court, did councel, provoked, procured, encouraged, and abetted one C. D. &amp;c.
<PB N="344" REF="186">
one Cow of black colour, &amp;c. of the chattel price, &amp;c. of one, &amp;c. then and there found, feloniou&s;ly to &s;teal, take and drive away, and the &s;aid C. D. by vertue of the councel, provocation, procurement, encour|agment and abetment, the afore&s;aid, &amp;c. the &s;aid black Cow &s;uch a day, &amp;c. year, &amp;c. felloniou&s;ly &s;tole, took, and drove away, &amp;c.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>The Oath of the Steward.</HEAD>
<P>YOu &s;hall &s;wear that you well and truly &s;hall &s;erve the Lord of this <HI>Mannor</HI> of S. in the of|fice of <HI>Steward,</HI> and truly to &s;ee all plaints, acti|ons, proce&s;&s;e and matters in the Courts to be hol|den before the Lord of this <HI>Mannor,</HI> and by you or your &s;ufficient deputy, according to the cu&s;tome and Libertyes of the &s;aid <HI>Mannor,</HI> to be entered and recorded as they ought to be, after the be&s;t of your cuning, skill, and power, taking for the &s;ame your due <HI>fees,</HI> and the perqui&s;ites, i&s;&s;ues, profits, and amerciaments of the &s;ame Courts; you &s;hall ju&s;tly and truly write, and yearly extract, for the levying and gathering thereof; and you &s;hall truly and di|ligently do and accompli&s;h all other things apper|taining to your &s;aid office after the be&s;t of your know|ledge, as near as Gods grace &s;hall direct you. <HI>So help you God, &amp;c.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>The Oath of the Bayliff.</HEAD>
<P>YOu &s;hall &s;wear, that you &s;hall well and truly &s;erve his Highne&s;s the Lord Protector, &amp;c. And the Lord of this <HI>Leete</HI> in the office of <HI>Bayliff</HI> for this year en&s;uing, and &s;hall well and truly collect all rents, Revenues and other annual profits, as &s;hall be chargeable, &amp; i&s;&s;uing out to you. And of that you &s;hall
<PB N="345" REF="186">
make and give a lawful account at the end of the &s;ame year, and in every other thing appertaining to your office, well and truly to di&s;charge in your year en&s;uing. <HI>So help you God, &amp;c.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>The Oath of the Con&s;table.</HEAD>
<P>YOu &s;hall &s;wear, that you well and truly &s;hall &s;erve his Highne&s;&s;e the Lord Protector, &amp;c. in the office of <HI>Con&s;table-&s;hip,</HI> and as <HI>Con&s;table</HI> of this Town of S. for and during the &s;pace of one whole year now next en&s;uing; you &s;hall endeavour your &s;elf to the utmo&s;t of your power, to &s;ee the <HI>Publicke Peace</HI> kept and <HI>Watch</HI> and <HI>Ward</HI> ob&s;er|ved and kept in this Town, as hath been accu&s;tomed, and as it ought to be: likewi&s;e you &s;hall endeavour your &s;elf to learn and un|der&s;tand the contents of the Statute of <HI>Winche&s;ter,</HI> and diver&s;e other Lawes and Statutes of this Nation made for the puni&s;hment of <HI>rogues, vagabonds,</HI> and <HI>&s;turdy beggars,</HI> haunting and re&s;orting within the precinct of your office, and puni&s;h the offenders ac|cordingly. Al&s;o you &s;hall puni&s;h all &s;uch per&s;ons, as do or &s;hall play, at any unlawful games, according to the <HI>Statute</HI> in that ca&s;e made and pro|vided. You &s;hall al&s;o have regard for the mainte|nance of <HI>Artilery</HI> within your &s;aid office, and that you &s;hall do and accompli&s;h to the utmo&s;t of your power, So help you God, &amp;c.</P>
<P>The <HI>Tithengman</HI> or <HI>petty Coun&s;tables</HI> Oath is after the &s;ame manner <HI>mutatis mutandis;</HI> onely the <HI>Tith|ingman</HI> is &s;worn to attend on the <HI>Con&s;table</HI> (if he be required) when he &s;hall execute his Office.</P>
</DIV4>
<DIV4 TYPE="subsection">
<PB N="346" REF="187">
<HEAD>Of the Affeerer, and his Oath.</HEAD>
<P>But, fir&s;t let us inquire what he is, and from whence his name is derived. <HI>Min&s;h.</HI> &s;aith, that <HI>Affeerer</HI> cometh of the old French word <HI>Affeur'er,</HI> which is, to <HI>tax or fine,</HI> and in Latine they are called <HI>Affidati,</HI> as it were men put in tru&s;t and appointed to this Office, which do affirm upon their Oathes, what penalty they think in their con&s;cience, the of|fenders have de&s;erved; &s;o that they may mulct &s;uch as have committed any fault, which is arbitrably pun|i&s;hable, and for which no expre&s;&s;e penalty is pre|&s;cribed by &s;tatute. The Oath is as followeth.</P>
<P>You and either of you &s;hall &s;wear, that you will truly and indifferently tax, a&s;&s;e&s;&s;e and affeer all &s;uch <HI>Amer|ciaments</HI> as are pre&s;ented at this Court; wherein you &s;hall &s;pare no man for love, favour, affection or cor|ruption, nor rai&s;e nor inhance upon any man (of ma|lice) more grievous amercements, then &s;hall be thought rea&s;onable, according to the quality of the offence, and the faults committed, and not other|wi&s;e. <HI>So help you God, &amp;c.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>The Oath of the Ale-ta&s;ter.</HEAD>
<P>YOu &s;hall well and truly &s;wear that you &s;hall well and truly &s;erve his Highne&s;&s;e the Lord Protector, &amp;c. and the Lord of this <HI>Leete</HI> in the office. of <HI>Aleta&s;ter,</HI> or <HI>A&s;&s;izor</HI> of this Liberty or Hun|dred for this year to come; you &s;hall duly and tru|ly &s;ee from time to time, that the bread brought to be &s;ould be duly weighed, and that the &s;ame to continue &s;uch weight, according to the prices of <HI>wheat,</HI> as by the Statute in that behalf is provided: likewi&s;e you &s;hall have diligent care, during the time of your being in office, to all the <HI>Brewers</HI> and
<PB N="347" REF="187">
<HI>Tiplers</HI> within your office, that they and every of them, do make good and whole&s;ome <HI>Ale</HI> and <HI>Beer</HI> for mans body, and that the &s;ame be not &s;ould before it be a&s;&s;ayed by you, and then to be &s;old agree|able to the prices limitted and appointed by the <HI>Ju&s;tices of Peace;</HI> and all faults committed or done by the <HI>Bakers, Brewers</HI> or <HI>Tiplers,</HI> or by any of them, you &s;hall make known, and pre&s;ent the &s;ame at this Court, whereby due and condigne puni&s;hment may be inflicted upon them for their offences accordingly, and in every other thing, you &s;hall well and truly be|have your &s;elf in the &s;aid office for this year to come, <HI>So help you God, &amp;c.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Of the Hayward, Beadel, or Greve, and his Oath.</HEAD>
<P><HI>HAyward,</HI> hath its derivation from the French word <HI>Haye, i. e. &s;epes,</HI> a hedge, and <HI>Garde, i. e. cu&s;todia,</HI> a keeper of the hedges. With us it &s;ignifies, one that keepeth the Common heard of the Town: and yet one part of his <HI>office</HI> is to look that they break not the hedges of inclo&s;ed grounds. He is called by the Latines <HI>Bedellus.</HI> i. e. <HI>oppidi vel civitatis &s;ervus.</HI></P>
<P>You &s;hall &s;wear, that you &s;hall well and truly &s;erve his Highne&s;s the Lord Protector, &amp;c. and the Lord of this <HI>Leete</HI> in the office of <HI>Hayward, Beadel,</HI> or <HI>Greve</HI> for this en&s;uing year, and you &s;hall duly and truly execute all <HI>Attachments,</HI> and other proce&s;s to you directed from the <HI>Lord</HI> or <HI>Steward</HI> of this Court, and you &s;hall pre&s;ent all <HI>pound</HI> breaches which &s;hall be made within your office; and al&s;o all Chattels, Strayes and Waifes, and in every other thing, well and truly hold you in the &s;ame office. So help you God, &amp;c.</P>
<P><PB N="348" REF="188">
<HI>It is u&s;uall with Lords to grant their office of Bayli|wick, taking good &s;ecurities in this manner.</HI></P>
</DIV4>
</DIV3>
<DIV3 TYPE="section">
<HEAD>A grant of a Bayliwick.</HEAD>
<P>TO all, to whom this pre&s;ent writing &s;hall come. A. B. of C. in the County of Y. &s;endeth greet|ing. Know ye that I the &s;aid A. B. in the fidelity, cir|cum&s;pection and due diligence of my beloved &s;er|vant E. F. to me and my po&s;terity hereafter to be done and performed, very much relying and confi|ding; Have made, ordained, and by this my pre&s;ent writing con&s;tituted the &s;aid E. F. of Town, Mannor, or Lord&s;hip of S. in the &s;aid County of Y. Collector and Receiver of all and &s;ingular my Rents, Reven|nues, Fines, Amerciaments, and E&s;treates of Court Leets, or viewes of <HI>Frank-pledge</HI> there: And of all other profits by rea&s;on of the &s;aid Court Leet, or view of <HI>Frank-pledge,</HI> any way ari&s;ing, emergent or com|ing: to have, hold, exerci&s;e and occupie the &s;aid office to the &s;aid E. F. by him&s;elf &s;o long as he &s;hall well behave him&s;elf towards me, and &s;hall a true and ju&s;t account of his Receits make unto me, and the &s;ame &s;hall well and truly pay and &s;atisfie. Take|ing of me for his yearly wages 5l. at the Fea&s;ts, &amp;c. by equal portions, by mine own hands after his ac|count and full payment at every half year, and the gifts, rewards, and emoluments to the &s;ame office due and accu&s;tomed. In te&s;timony whereof, &amp;c.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<PB N="349" REF="188">
<HEAD>Curia Dominicalis: OR, COURT-BARON.</HEAD>
<DIV3 TYPE="section">
<HEAD>Of the fir&s;t Original, and In&s;titution of Mannors and of this Court.</HEAD>
<P>IF we labour to inve&s;tigate the Antiquitie of <HI>Court-Baron</HI> we &s;hall finde them as Ancient as <HI>Mannors</HI> them&s;elves; therefore we will inquire what a <HI>Mannor</HI> is, together with the fir&s;t in&s;titution of Mannors.</P>
<P><NOTE PLACE="marg">What a Mannor is? </NOTE>The word <HI>Mannor, Manerium e&s;t nomen collectivum &amp; generale,</HI> it comprehends Hou&s;es, Lands, Gardens, trees, &amp;c. and hath its <HI>Etimologie</HI> (as &s;ome derive it) <HI>a Manendo,</HI> and then it taketh its name either from the <HI>Mannor Hou&s;e</HI> which the Lord maketh his dwel|ling <NOTE PLACE="marg">L. Dyer.</NOTE> place, or el&s;e <HI>a manendo, quia Dominus ac te|nentes in Manerii &s;ui circuitu cobabitant ac manent:</HI> others compute its denomination from the Latin, <HI>Manerium qua&s;i Manurium,</HI> becau&s;e it is laboured with handy work by the Lord him&s;elf, or which the Tenants are obliged to manure, or el&s;e from the Lands remaining in the Tenants hands, which are likewi&s;e tilled and manured: others would have its appellation from the <HI>French word, Manoir, i. e.
<PB N="350" REF="189">
Man&s;ions;</HI> becau&s;e the Lord remaineth there and hath his hou&s;e which is called the principal hou&s;e of the <HI>Mannor,</HI> or from the French word <HI>Me&s;ner,</HI> which &s;ignifies to govern or guide, becau&s;e the Lord of a Mannor hath the guiding and directing of all his Tenants within the limits of his Juri&s;diction, and this is holden (by &s;ome) to be the mo&s;t probable <HI>Eti|mologie,</HI> and mo&s;t con&s;entaneous to the nature of a Mannor: for a Mannor <HI>(hi&s;ce diebus)</HI> &s;ignifieth the Juri&s;diction and Royaltie incorporate, rather then the Lande or Scite:</P>
<P><NOTE PLACE="marg">How Mannors were created. </NOTE>When the pri&s;tine <HI>Kings</HI> of this Commonwealth (who had all the lands of <HI>England</HI> in <HI>Deme&s;ne)</HI> did conferr great quantities of land upon &s;ome great Per|&s;onages with liberty to parcel the land out to other inferior Tenants, re&s;erving &s;uch duties and &s;ervices as they thought convenient: Such lands were called <HI>Mannors;</HI> a <HI>Mannor</HI> con&s;i&s;ting of two parts, <HI>viz.</HI></P>
<LIST>
<ITEM>1. Deme&s;ne,</ITEM>
<ITEM>2. Services,</ITEM>
</LIST>
<P><NOTE PLACE="marg">F. N. B. 3. &amp; 8 </NOTE>And neither of them can make a <HI>Mannor</HI> without the other: for a Me&s;&s;uage or Lands cannot be called <HI>deme&s;nes</HI> without Tenants belonging to them, to pay Rent and do &s;ervices: &s;o on the other part, though a man have Tenants to pay him Rents, and do him &s;ervice, and no Me&s;&s;uage or lands whereupon to keep his <HI>Court.</HI> and to receive his Rents and &s;ervices, this cannot be called a <HI>Mannor,</HI> but onely a <HI>Signtory ingro&s;&s;e,</HI> F. N. B. 3. &amp; 8. Likewi&s;e a <HI>Mannor</HI> mu&s;t be by pre&s;cription, and the &s;ervices by continuance time out of minde, and therefore a Mannor cannot be created at this day by the Protectors <HI>Patent,</HI> it <NOTE PLACE="marg">Leonards Re|ports fir&s;t part 33. Mar&s;h again&s;t Smith.</NOTE> being an hereditament con&s;i&s;ting of many real things and incorporated together, before time of me|mory; then <HI>a multo fortiori,</HI> a &s;ubject cannot creat one; yet may he in &s;ome &s;ort enlarge a Mannor by adding &s;ome &s;ervices unto it, 9. A&s;&s;. pl. 24, <HI>&amp; Br. tit. tenure,</HI> 26.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="351" REF="189">
<HEAD>A Cu&s;tomary Mannor, what it is, and what may be a good Mannor to main|tain Coppy-holders.</HEAD>
<P>NOw though a <HI>Mannor</HI> by his proper nature ought to con&s;i&s;t of</P>
<LIST>
<ITEM>Deme&s;nes <HI>and</HI></ITEM>
<ITEM>Services,</ITEM>
</LIST>
<P>Yet in &s;ome ca&s;es, that may be a <HI>Mannor,</HI> and main|tain <HI>Coppyholders,</HI> and a <HI>Court Baron;</HI> by u&s;uage and cu|&s;tome, which otherwi&s;e by Common law is no <HI>Manor,</HI> nor can be &s;o called, <HI>&amp;c.</HI> As if diver&s;e do hold lands by Coppy of the Mannor of <HI>Dale,</HI> and &s;o have done time out of minde, and the like time there hath been no Freeholders to the &s;aid Mannor, although this be no Mannor in his proper nature, yet by u&s;uage and cu&s;tome it is a good Mannor to maintain Coppy|hoders, <HI>Carthrops Readings</HI> 12.</P>
<P><NOTE PLACE="marg">Cu&s;tomary Mannor, what. </NOTE>And in <HI>Coo.</HI> 11. 17. &amp; 18. <HI>Sr. Henry Nevils ca&s;e,</HI> it is cleerly re&s;olved by the whole Court, that there may be a <HI>Cu&s;tomary Mannor,</HI> and held by <HI>Coppy,</HI> and that &s;uch a Cu&s;tomary Lord may hold Courts, <NOTE PLACE="marg">Co. 11. 17. &amp; 18. Sr. Henry Nevils ca&s;e.</NOTE> and grant Coppies, and that &s;uch a <HI>Cu&s;tomary Mannor</HI> may pa&s;&s;e by <HI>Surrender</HI> and <HI>Admittance,</HI> and that <HI>Fines</HI> &s;hall be paid upon admittance, as well upon alienation, as upon di&s;cent, and there may be al&s;o a <HI>Cu&s;tomary Lord, Me&s;ne,</HI> and a <HI>Cu&s;tomary Tenant,</HI> as in ca&s;e where the Me&s;nalty is a Tenancy at will, at the common law of a Mannor, and al&s;o if &s;uch a <HI>Cu&s;tomary Mannor</HI> be forfeited, the Lord &s;hall have the cu&s;tomes and &s;ervices as appertaining unto the &s;ame, and it is there &s;aid that the Mannor of <HI>Ayle&s;ham</HI> in the County of <HI>Norff.</HI> is held by <HI>Coppy.</HI></P>
<DIV4 TYPE="subsection">
<PB N="352" REF="190">
<HEAD>By what names a Mannor may pa&s;&s;e.</HEAD>
<P><NOTE PLACE="marg">17. E 3. fo. 8. Bol&s;trod. fir&s;t part. fo. 54. Mich. 8. Jac. </NOTE>A Mannor may pa&s;s by &s;everal names; as it may be known by the name of Priory or Chantery as appeareth by the book of 17. <HI>E.</HI> 3. <HI>fo.</HI> 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 u&s;ually carryed the name of Knights fee, and the &s;ame may well pa&s;s by this name, either by Fine or by Feofment; and in another place a Mannor was <HI>cognitum &amp; vocatum</HI> by the name of &s;even yard land as well as by the name of Mannor, and pa&s;&s;ed.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>How Court Barons were fir&s;t In&s;tituted.</HEAD>
<P><NOTE PLACE="marg">Lamb fo. 128. &amp; 146. Camb|den Brit. 1216. Britton. fo. 274 Mirror. cap. 1. Sect. 3. </NOTE>At the Creation of <HI>Mannors,</HI> the <HI>King</HI> delegated Courts to the <HI>Lords,</HI> where they might re|dre&s;s mi&s;demeanors within their precincts, and to puni&s;h offences committed by their Tenants, and to decide and debate controver&s;ies arifing within their Juridiction, and the&s;e Courts were termed Courts Barons, as it appears among&s;t the Lawes of <HI>Edward the Confe&s;&s;or,</HI> where it is &s;aid <HI>Barones vero qui &s;uam habent curiam de &s;uis homi|nibus,</HI> &amp;c. taking its name of the <HI>Baron</HI> who was Lord of the <HI>Mannor,</HI> (or according to <HI>Coo. com. Lit. fo. 58. a.</HI> for that properly in the eye of the Law it hath relation to the <HI>Freeholders,</HI> who are Judges of the Court) becau&s;e in ancient time &s;uch per&s;ons were called <HI>Barons,</HI> and came to the <HI>Par|liament</HI> and &s;ate in the <HI>Upper Hou&s;e;</HI> but when time had wrought &s;uch an alteration; that <HI>Mannors</HI> fell into the hands of inferiour men, and &s;uch as were farre unworthy of &s;o &s;ublime a calling: then
<PB N="337" REF="190">
it grow to a Cu&s;tome, that none but &s;uch as the <HI>King</HI> would, &s;hould come to the <HI>Parliament;</HI> &s;uch as the <HI>King,</HI> for their extraordinary wi&s;dome or quality thought good to call by Writ, which Writ ran <HI>hac vice tantum:</HI> yet though Lords of <HI>Mannors</HI> lo&s;t their names of <HI>Barons,</HI> and were deprived of that dignity, which was inherent to their names, yet their Courts retain &s;till the name of <HI>Court Barons,</HI> becau&s;e they were originally erected for &s;uch per&s;onages as were <HI>Barons,</HI> neither hath time been &s;o injurious as to irradicate the whole memory of their pri&s;tine dignity, in their deno|mination, there are yet &s;tamps left of their nobility, for they are &s;till entituled by the name of Lords.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Court-Baron cannot be &s;eperated from a Mannor.</HEAD>
<P><NOTE PLACE="marg">12 Eliz. Dyer 288. </NOTE>THis <HI>Court-Baron</HI> is the chiefe Prop and Pillar of a <HI>Mannor,</HI> which no &s;ooner faileth, but the <HI>Man|nor</HI> is de&s;troyed, and therefore it cannot be &s;eparated from the <HI>Mannor,</HI> for it is a wealth to a <HI>Mannor</HI> (the like of a Court of <HI>Pypowder</HI> to a Faire, of which more in its proper place) and by granting the princi|pall which is the <HI>Mannor,</HI> the <HI>Court</HI> which is incident to it, pa&s;&s;eth without being named, 12 <HI>Eliz. Dyer</HI> 288. if a <HI>Mannor</HI> be granted <HI>cum pertinentiis</HI> the Court pa&s;|&s;eth,, for it is an incident in&s;eperable to the <HI>Mannor,</HI> and one cannot grant his Court, but he may grant the profits of it, <HI>Brownlows Rep.</HI> 175. Yet though <NOTE PLACE="marg">Brownlows rep. 175.</NOTE> a <HI>Court-Baron</HI> is incident to a <HI>Mannor,</HI> it mu&s;t be under&s;tood of a <HI>Mannor in facto,</HI> in reality and truth, but not to be a <HI>Mannor</HI> only in intendment, and a meer nominall <HI>Mannor, Bol&s;trod, fir&s;t part, fol.</HI> 54. <NOTE PLACE="marg">Bol&s;trod, 1. part fol. 54.</NOTE> <HI>Mich. 8. Jac.</HI></P>
<P><NOTE PLACE="marg">Bol&s;trod, 1. part, fol. 57. </NOTE>And as a <HI>Mannor</HI> at this day cannot be deri|ved out of the <HI>CROWNE,</HI> therefore <HI>ex con&s;e|quente,</HI> neither the <HI>Court-Baron</HI> which is incident to &s;uch a <HI>Mannor,</HI> but a <HI>Court-Leet</HI> is not incident to a <HI>Mannor,</HI> but he which hath a <HI>Mannor</HI> may al&s;o have a <HI>Court-Leet</HI> to be by him held within his <HI>Mannor,</HI>
<PB N="338" REF="191">
but this ought to be by a &s;peciall grant from the <HI>King,</HI> and not otherwi&s;e, and then he may puni&s;h offenders, the which he cannot doe in his <HI>Court-Baron,</HI> he can|not be ou&s;ted of his <HI>Court-Baron</HI> unle&s;&s;e he be ou&s;ted of his <HI>Mannor;</HI> for if he have a <HI>Mannor,</HI> he ought to have &s;uch a <HI>Court-Baron,</HI> for this, (as I have &s;aid) is as an incident, and follows the <HI>Mannor</HI> as a nece&s;&s;ary con&s;equent and adjunct unto the <HI>Mannor,</HI> and there|fore if he have the one <HI>(viz.)</HI> the <HI>Mannor,</HI> he &s;hall al&s;o have the other, <HI>(viz.)</HI> the <HI>Court-Ba|ron.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>What parts a Court-Baron doth con&s;i&s;t of.</HEAD>
<P>THis <HI>Court-Baron</HI> appertaining to a <HI>Mannor</HI> con&s;i&s;t|eth of four &s;peciall parts, <HI>viz.</HI></P>
<LIST>
<ITEM>1. The Lord.</ITEM>
<ITEM>2. The Steward.</ITEM>
<ITEM>3. The Tenant.</ITEM>
<ITEM>4. The Bayliffe.</ITEM>
</LIST>
<P>It is defined to be an a&s;&s;embly of the&s;e parts together within the &s;ame <HI>Mannor;</HI> and it is likewi&s;e duplicate, <HI>viz.</HI></P>
<P N="1">1. The fir&s;t is for the taking care, coun&s;el, and in|quiry of cau&s;es concerning the &s;ame <HI>Mannor:</HI> as for the triall of titles of the land, and the taking and pa&s;|ing of e&s;tates, <HI>Surrenders,</HI> admittances, and grants, and to &s;ee ju&s;tice duly executed, and the Acts and Ordinances there done to be recorded in the Rolls of the &s;ame Court, which <HI>Rolls</HI> are the evidences of all Ordinances, duties, and cu&s;tomes, and conveyances between the Lord and the tenants of the &s;ame <HI>Mannor,</HI> and are to be entred by the <HI>Steward,</HI> or an Officer indifferent between the Lord and his Tenants, and the &s;ame <HI>Rolls</HI> to remain with the Lord, thereby to know his Tenants, his Rents, his Fines, his Cu&s;tomes and
<PB N="339" REF="191">
his &s;ervice. And the particular grant of every Copy-hold, to be copied out of the <HI>Rolls,</HI> and the copies thereof to be delivered to every particular tenant, nei|ther can they make any other title to their &s;aid tenements, but by their &s;aid Copy: And this is called the <HI>Copiholders Court,</HI> and herein the <HI>Steward</HI> is judge.</P>
<P N="2">2. The other is for the triall of actions under the &s;um of forty &s;hillings, of the nature of the <HI>County-Court,</HI> (of which we have copiou&s;ly treated in the fir&s;t part of this worke, and therefore here not nece&s;&s;ary) And herein the <HI>Freeholders</HI> are <HI>Judges.</HI> But to returne to the <HI>Copyholders Court.</HI></P>
<P>And herein, the <HI>Lord,</HI> the <HI>Steward,</HI> the <HI>Freeholders,</HI> the <HI>Copyholders,</HI> and the <HI>Bayliffs</HI> of every <HI>Mannor,</HI> have an intermixt and joynt office, and authority, in &s;ome ca&s;es, and to &s;ome purpo&s;es: and to other purpo&s;es their office is di&s;tinct, and every of them doth occupy &s;everal places, per&s;ons, and parts.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Five things nece&s;&s;arily appertaning to a Mannor.</HEAD>
<P>THere are five things nece&s;&s;arily appurtenant to a <HI>Mannor,</HI> and <HI>Court-Baron, viz.</HI></P>
<LIST>
<ITEM>1. The <HI>Lord</HI> is chiefe to command and appoint.</ITEM>
<ITEM>2. The <HI>Steward</HI> to direct and record.</ITEM>
<ITEM>3. The <HI>Free-holders</HI> to affere and judge.</ITEM>
<ITEM>4. The <HI>Copy-holders</HI> to inform and pre&s;ent.</ITEM>
<ITEM>5. The <HI>Bayliff</HI> to attend, and execute, &amp;c.</ITEM>
</LIST>
<P>And all the&s;e united make a perfect execution of <HI>Ju&s;tice,</HI> and judgment in <HI>Court-Barons,</HI> and without all the&s;e a <HI>Court-Baron</HI> cannot be held in his proper na|ture, in re&s;pect of all cau&s;es appertaining to the perfect juri&s;diction of a <HI>Court-Baron.</HI> But to make a more particular demon&s;tration of their di&s;tinct authorities and offices.</P>
<P N="1"><PB N="340" REF="192">
1. And fir&s;t of the <HI>Lord,</HI> as he is chiefe in place, <NOTE PLACE="marg">Of the Lord.</NOTE> &s;o in authority, and he officiateth three &s;everall places, <HI>viz.</HI> the one of a <HI>Chancellor,</HI> in ca&s;es of equity, the other of <HI>Ju&s;tice</HI> in matter of right, and the third of <HI>him&s;elfe,</HI> in ca&s;es proper and particular to him&s;elf.</P>
<P N="2">2. The <HI>Steward</HI> doth act the part of &s;everal per&s;ons, <NOTE PLACE="marg">Of the Steward.</NOTE> <HI>viz. Iudge</HI> and <HI>Orderer</HI> in ca&s;es of <HI>Copyhold;</HI> and al&s;o a Mini&s;ter and <HI>Regi&s;ter</HI> to Record and enter things into the Court-rolls, and in both the&s;e to be indifferent be|tween the Lord and his tenants.</P>
<P N="3">3. The <HI>Freeholders</HI> do likewi&s;e execute two parts, <NOTE PLACE="marg">The Freehol|ders.</NOTE> that is to affeere, and judge <HI>amerciaments,</HI> and al&s;o to return and certifie judgements.</P>
<P N="4">4. The <HI>Copyholders</HI> hold two di&s;tinct places, <HI>viz.</HI> <NOTE PLACE="marg">The Copyhol|ders.</NOTE> to inform offences committed again&s;t the <HI>Lord</HI> within the <HI>Mannor,</HI> and to pre&s;ent &s;uch things, as &s;hall be gi|ven in charge by the <HI>Steward.</HI></P>
<P N="5">5. The <HI>Bayliffe</HI> officiates two parts, <HI>viz.</HI> to execute <NOTE PLACE="marg">The Bayliff.</NOTE> the proce&s;&s;e, and mandates of the <HI>Court,</HI> and al&s;o to return into the <HI>Court</HI> the execution of the &s;ame proce&s;s, <HI>&amp; quod &s;it ita ju&s;tus, quod ob vindictam vel cupiditatem non quaerat ver&s;us tenentes Domini, vel aliquos &s;ibi &s;ubditos, occa&s;iones inju&s;tas, per quas de&s;trui debeant &s;eu graviter a|merciari.</HI> <NOTE PLACE="marg">Fleata lib. 2. cap. 73.</NOTE></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>The difference betwixt Court-Leet and Court Baron.</HEAD>
<P><NOTE PLACE="marg">Mag. Char. c. 35. 31 E. 3 cap. 15. </NOTE>HAving travelled thus far in this pen-beaten way, we will now inquire the difference between <HI>Court-Leet</HI> and <HI>Court-Baron;</HI> and here the&s;e Courts differ from Court-Leets in divers re&s;pects: and fir&s;t in this, that <HI>Court-Barons</HI> by the Law may be kept once every three weeks, or (as &s;ome thinke) as often as it &s;hall plea&s;e the Lord of the <HI>Mannor,</HI> though for the better ea&s;e both of Lords and tenants, they are kept but very &s;eldome; but a <HI>Court-Leet</HI> by the Statute of <HI>Magna Char|ta cap. 35. 31 E. 3. cap.</HI> 15. is to be kept but twice every year, one time within the Month after <HI>Ea&s;ter,</HI> and ano|ther time within a Month after <HI>Michaelmas.</HI></P>
<P><PB N="341" REF="192">
2. Secondly, in this, that <HI>Court-Barons</HI> may be kept in any place within the Mannor, but a <HI>Court-Leet</HI> by the &s;aid Statute of <HI>Magna Charta</HI> is to be kept <HI>in certo loco ac determinato</HI> within the precinct.</P>
<P>3. Thirdly, in this, that originally <HI>Court-Barons</HI> be|longed unto inferior Lords of <HI>Mannors,</HI> but <HI>Court-Leets</HI> belonged unto the <HI>King</HI> only.</P>
<P>4. Fourthly, in this, that <HI>Court-Barons</HI> are in&s;epe|rably incident to every <HI>Mannor,</HI> &s;o that every Lord of a <HI>Mannor</HI> may keep a <HI>Court-Baron,</HI> but few have <HI>Leets;</HI> for inferior Lords of <HI>Mannors</HI> cannot keep <HI>Court Leets</HI> without &s;peciall pre&s;cription, or &s;ome &s;peciall patent from the King.</P>
<P>5. Fifthly, in this, that in <HI>Court-Barons</HI> the Suitors are Judges; but in <HI>Court-Leets</HI> the <HI>Steward</HI> is Judge.</P>
<P>6. Sixthly, in this, that in <HI>Court-Barons</HI> the Jury con&s;i&s;teth oftentimes of le&s;&s;e then twelve, in <HI>Court-Leets</HI> never, becau&s;e none are impannelled upon the Jury but <HI>Freeholders</HI> in <HI>Court-Barons</HI> of the &s;ame Man|nor; but in <HI>Court-Leets</HI> &s;trangers are oftentimes im|pannelled.</P>
<P>7. Seventhly, in this, that Court-Barons cannot &s;ub&s;i&s;t without two Suitors <HI>ad minimum,</HI> but Court-Leets can well &s;ub&s;i&s;t without any Suitors.</P>
<P>8. Eighthly in this, that Court-Barons enquire of no offences committed again&s;t the Protector, but Court-Leets enquire of all offences under High-Trea|&s;on committed again&s;t the State and dignity of the Protector.</P>
<P>9. In many other re&s;pects they differ, as that a <HI>Writ of error</HI> lieth upon a Judgement given in a Court-Leet, but not in a Court-Baron.</P>
<P>10. So in a Court-Leet a <HI>capias</HI> lieth, but in a Court-Baron, in&s;tead of a <HI>capias</HI> is u&s;ed an <HI>Attach|ment</HI> by goods.</P>
<P><PB N="342" REF="193">
11. So in a <HI>Court-Baron</HI> an action of Debt lieth for the <HI>Lord</HI> him&s;elfe, becan&s;e the <HI>Suitors</HI> are Judges, but in a <HI>Court-Leet</HI> the Lord cannot maintain any action &s;or him&s;elfe, becau&s;e the <HI>Steward</HI> is judge.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Of the time when, and place where this Court is to be kept.</HEAD>
<P>THE u&s;ual and accu&s;tomed time is to keep it once every three weeks, and although no Court hath <NOTE PLACE="marg">Coo. l. 4. 26. &amp; 6. 27. Owens Reports fol. 35. Mic. 13. &amp; 14 Eliz. Leonards Rep. 133. <HI>Mar&s;h</HI> a|gain&s;t <HI>Smith.</HI></NOTE> time out of minde been holden within the <HI>Mannor,</HI> yet it is not thereby extinct and lo&s;t, for it is incident to a <HI>Mannor</HI> of Common right, <HI>Coo. l.</HI> 4. 26. and 6. 27. <HI>a.</HI> And to the place where it is to be kept, it may be kept and holden in any place within the <HI>Mannor,</HI> as the <HI>County Court</HI> in any place within the County, and <HI>Hundred-Court</HI> in any place within the Hundred: for as to every <HI>Mannor</HI> a Court is requi&s;ite and incident to it; &s;o is it tran&s;itory throughout the whole <HI>Man|nor,</HI> and every part of the Deme&s;nes of the <HI>Mannor</HI> is capable of a Court to be holden there. But if it be <NOTE PLACE="marg">Co. 4 fol. 24. <HI>Murrell</HI> and <HI>Smith,</HI> and fo. 27. <HI>Cliftons</HI> ca&s;e.</NOTE> holden out of the <HI>Mannor</HI> it is void, unle&s;&s;e a <HI>Lord</HI> be|ing &s;eized of two or three <HI>Mannors,</HI> and hath u&s;ually time out of minde holden at one of his <HI>Mannors,</HI> Courts for all his &s;aid <HI>Mannors,</HI> there by cu&s;tome &s;uch Courts are &s;ufficient in Law, though they be not hol|den within the &s;everall <HI>Mannors.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>The manner and Method of keeping the Court.</HEAD>
<P><NOTE PLACE="marg">The Stile of the Court. </NOTE>THE <HI>Court-Baron</HI> of <HI>A. B.</HI> E&s;quire, of his <HI>Court-Baron</HI> afore&s;aid, held the 18. day of <HI>October</HI> in the year of our Lord 1658. before <HI>C. D. Steward</HI> there.</P>
<P><PB N="343" REF="193">
After you have entered the <HI>Stile</HI> of the Court, com|mand the Bayliffe to make Proclamation, <HI>O yes,</HI> &amp;c. and &s;ay:</P>
<P><NOTE PLACE="marg">Proclamation. </NOTE>All manner of Per&s;ons that have been &s;ummoned to appear here this day, or have any thing to do at this Court, draw near and give your attendance.</P>
<P>Or if any will be <HI>E&s;&s;oyned,</HI> or enter any plaints, let them come forth and they &s;hall be heard. Which <HI>E&s;|&s;oyn</HI> is thus entred, <HI>viz.</HI></P>
<P><HI>A. B. is E&s;&s;oyned for &s;uit of Court, by C. D.</HI></P>
<P><NOTE PLACE="marg">E&s;&s;oyn. </NOTE>And Plaints are entred in this manner: </P>
<P><NOTE PLACE="marg">Plaint. </NOTE><HI>A. B. complains again&s;t C. D. of a plea of Tre&s;pa&s;&s;e,</HI> debt, or as the ca&s;e requires.</P>
<P>And the proceeds upon plaints are the very &s;ame as in the <HI>County Court.</HI></P>
<P>Call the <HI>Freeholders,</HI> and tho&s;e that make default, let them be amerced in this manner, <HI>viz.</HI></P>
<P><NOTE PLACE="marg">Amerciament. </NOTE>A. B. <HI>E&s;quire, and</HI> C. D. <HI>Yeoman, are</HI> Free-holders <HI>of this Court, and have made default, therefore each of them is amerced, as may appeare upon their heads.</HI></P>
<P>Then enter over their heads thus: <HI>Amerced two pence.</HI></P>
<P>Then command the Bayliffe to call the Jurors.</P>
<P><TABLE>
<ROW>
<CELL><NOTE PLACE="marg">Jurrors.</NOTE>I. D.</CELL>
<CELL ROWS="4">Jur.</CELL>
<CELL>C. D.</CELL>
<CELL ROWS="4">Jur.</CELL>
<CELL>B. A.</CELL>
<CELL ROWS="4">Jur.</CELL>
</ROW>
<ROW>
<CELL>R. R.</CELL>
<CELL>H. I.</CELL>
<CELL>D. C.</CELL>
</ROW>
<ROW>
<CELL>S. T.</CELL>
<CELL>K. L.</CELL>
<CELL>F. E.</CELL>
</ROW>
<ROW>
<CELL>V. W.</CELL>
<CELL>M. N.</CELL>
<CELL>R. P.</CELL>
</ROW>
</TABLE></P>
<P>Then call the <HI>Foreman</HI> to the Booke, and &s;wear him after this manner.</P>
<P><NOTE PLACE="marg">The Foremans oath. </NOTE>You &s;hall &s;wear that you as <HI>Foreman</HI> of this <HI>Homage,</HI> with the re&s;t of your fellowes &s;hall duly inquire, and true pre&s;entment make of all &s;uch articles and things as &s;hall be given you in charge, and therein you &s;hall &s;pare no man, for love, favour, or affection, nor pre|&s;ent any man for malice, hatred, or envy, but accord|ing as things here pre&s;entable, &s;hall or may come to your knowledge, by information or otherwi&s;e: So &s;hall you make there true pre&s;entment without con|cealment, So help you God, &amp;c.</P>
<P><PB N="344" REF="194">
The <HI>Foreman</HI> being &s;worne, call the re&s;t by their names, and &s;weare them by &s;oure at a time, in this manner:</P>
<P><NOTE PLACE="marg">The oath of the re&s;t. </NOTE><HI>The &s;ame oath that</HI> I. D. <HI>your</HI> Foreman <HI>hath taken be|fore you on his part, you and every one of you &s;hall ob&s;erve and keepe of your parts. So helpe you God, &amp;c.</HI></P>
<P>After the Inque&s;t thus impannelled and &s;worn, make another <HI>O yes,</HI> and &s;ay:</P>
<P><NOTE PLACE="marg">Proclamation. </NOTE><HI>You good men that are impannelled, draw near, and you, and all other keep &s;ilence during the</HI> Charge.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>An Exhortation to the Jury.</HEAD>
<OPENER><SALUTE>MY MASTERS:</SALUTE></OPENER>
<P>YOU that be &s;worne, before I give you your <HI>Charge,</HI> I think it nece&s;&s;ary to declare, by what au|thority you are commanded hither, and for what cau&s;e. Chiefely you are appointed to be and ap|peare here, being that you are the <HI>Lords Tenants,</HI> and are obliged by rea&s;on thereof to appeare at the <HI>Lords Court-Baron</HI> when it &s;nall be holden, according to the Law and Cu&s;tome of this Mannor, that is to &s;ay, at every three weekes end, being warned, and being (by the &s;ame authority) there to end and determine in|juries, tre&s;pa&s;&s;es, debts, and other actions, where the debt or damage is under forty &s;hillings. And al&s;o that nothing be acted within the Mannor, which &s;hall be a detriment to the Inheritance of the Lord of this Mannor, which ought to be enquired and pre|&s;ented for the Lord: And that you be the more dili|gent and carefull in enquiring and pre&s;enting the &s;ame, I have mini&s;tred a corporall oath unto you, which is an Invocation, or taking to witne&s;&s;e the name of God, to confirme the truth of that you &s;hall &s;ay and pre&s;ent, minding neither fraud nor deceit, but only the truth, not partial, but &s;eeking the glory of the Al|mighty, the commodity of your neighbours, and the whole Common wealth. Thus much of exhortation in briefe, and now to your Charge.</P>
</DIV4>
<DIV4 TYPE="subsection">
<PB N="345" REF="194">
<HEAD>The Charge.</HEAD>
<P N="1">1. FIr&s;t, you &s;hall enquire of the <HI>Suitors</HI> which owe any Suit to this Court, whether they be heires or no, and pre&s;ent their names that make default, for they which be ab&s;ent ought to be pre&s;ent here as well as you, except they have &s;ome lawfull impedi|ment to the contrary, for they hold their lands a&s;well to do their &s;uit, as to pay their rent; &s;o that if they do not thei~r &s;uit they &s;hall be amerced, or the Lord may have good remedy for the &s;ame: Al&s;o, you &s;hall under&s;tand, that every common Suitor is bound by <NOTE PLACE="marg">The tenants are obliged to ap|peare at every three weeks end at the Lords Court-Baron.</NOTE> the Lawes to appeare at the <HI>Lords Court-Baron</HI> every three weeks: notwith&s;tanding the Lord for your ea&s;e (which he e&s;teemeth more than his own profit) &s;uffer|eth it to be kept but &s;eldome, as appeareth; for which cau&s;e every of the Tenants ought to be more willing to come unto his Court at &s;uch times as are appointed for the holding of it; for if they volunta|rily ab&s;ent them&s;elves, then they render evil for good, for when they did their <HI>Fealty</HI> they were &s;worne to be true tenants unto their Lord, and to pay and doe all manner of &s;uits, cu&s;tomes, and &s;ervices due for their Tenements, at their day a&s;&s;igned, and therefore let every man remember his oath, and duty, and doe his &s;uits and &s;ervices according to the &s;ame, otherwi&s;e he &s;hall fall into the danger afore&s;aid.</P>
<P N="2">2. Next you &s;hall enquire whether there be any te|nants <NOTE PLACE="marg">What tenants are dead &s;ince the la&s;t Court.</NOTE> dead &s;ince the la&s;t Court-day or before, who&s;e death as yet is not pre&s;ented, and you &s;hall pre&s;ent the &s;ame: al&s;o what lands and tenements he holdeth of the Lord of this Mannor at the time of his death, <NOTE PLACE="marg">What lands he held, and by what &s;ervice.</NOTE> and by what &s;ervices, to wit, whether it were by <HI>Knights-&s;ervice, Soccage tenure,</HI> or <HI>Copyhold,</HI> and what advantage the <HI>Lord</HI> &s;hall have by his death, as <HI>Reliefe, E&s;cheat, Fine, Heriot,</HI> &amp;c. and who is his <NOTE PLACE="marg">Who is his next heire.</NOTE>
<PB N="346" REF="195">
next heire, and what age he is of, and in who&s;e cu|&s;tody, and pre&s;ent it. You &s;hall under&s;tand there be divers manner of Tenures but mo&s;t men do hold by <HI>Knights &s;ervice,</HI> or <HI>Soccage Tenure.</HI></P>
<P><NOTE PLACE="marg">Knights &s;ervice what it is. </NOTE><HI>Knights &s;ervice</HI> is when the <HI>Tenant</HI> holdeth of the <HI>Lord</HI> by <HI>E&s;cuage,</HI> that is to &s;ay, by the &s;ervice of the <HI>Shield;</HI> al&s;o to hold by <HI>Ca&s;tle-guard,</HI> to wit, to keep a <HI>Ca&s;tle</HI> or <HI>Tower,</HI> or other place of his Lords upon rea|&s;onable notice, when the Lord heareth that enemies come into <HI>England,</HI> that is <HI>Knights &s;ervice.</HI></P>
<P><NOTE PLACE="marg">Homage, fealty, and E&s;cuage, Knights &s;ervice </NOTE>Al&s;o he that holdeth by <HI>Homage fealty,</HI> and <HI>E&s;cuage,</HI> holdeth by <HI>Knights &s;ervice.</HI> Al&s;o he which holdeth of his Lord to blow a Horne to warne the men of that Courtrey when Enemies do invade <HI>England,</HI> holdeth by <HI>Knights &s;ervice,</HI> and <HI>Knights &s;ervice</HI> ought always to <NOTE PLACE="marg">Knights &s;ervice is done by a man <HI>in propria per|&s;ona.</HI></NOTE> be done by a man in his proper per&s;on, which formerly drew unto it Ward, and Marriage, and at this day <HI>re|liefe:</HI> for when &s;uch a Tenant died &s;ei&s;ed, and his heir male within age and unmarried, the <HI>Lord</HI> and the Land holden of him, and al&s;o the marriage of him untill he were of full age, <HI>viz.</HI> the age of 21 yeares. But if &s;uch a tenant died &s;eized, his heire female being of fourteene yeares or more, then the Lord &s;hould neither have had the Ward&s;hip of the Land, nor of her body, for the Law intendeth that a woman of that age may have a Husband able to do <HI>Knights &s;ervice:</HI> and if &s;he were within fourteene yeares of age and unmarried, then the Lord had the Ward&s;hip of her Land, and al&s;o of her body, until &s;he attained the age of &s;ixteen years; and this at this day is extinct, of which &s;ee more in the <HI>Act</HI> of Parliament <HI>for the taking</HI> <NOTE PLACE="marg">In <HI>Scobels</HI> acts in Wards, &amp;c. See the Act of Parliament for the taking away of the <HI>Court of Wards.</HI></NOTE> <HI>away of the Court of Wards.</HI> And &s;ome &s;uch Tenants do hold by halfe a <HI>Knights &s;ervice,</HI> and &s;ome by halfe a <HI>Fee,</HI> and &s;ome by more and &s;ome by le&s;&s;e, and if &s;uch a Tenant dieth, which holdeth by one <HI>Knights fee,</HI> and his heir being of full age, then the Lord &s;hall have <HI>Homage</HI> and <HI>Fealty,</HI> and al&s;o five pounds for a <HI>Reliefe</HI> (of this fee the &s;aid Act) of him that holdeth by halfe a <HI>Knights fee,</HI> two pounds ten &s;hillings, and he that holdeth by more &s;hall pay more, &amp;c. you &s;hall therefore pre&s;ent whether any &s;uch Tenant died &s;eized of any &s;uch Lands and Tenements &s;o holden, yea or no.</P>
<P N="3"><PB N="347" REF="195">
3. Al&s;o, you &s;hall enquire whether any Tenant <NOTE PLACE="marg">If Tenant by <HI>Knights &s;ervice</HI> made any <HI>Feof|me~t</HI> to his heir. Alenation by collu&s;ion &amp; hol|ding by Knights &s;ervice. Feofment to his u&s;e, the land hol|den in Knights &s;ervice.</NOTE> which held by <HI>Knights &s;ervice,</HI> made any <HI>Feofment</HI> to his Heire, and after died, his Heire being within age.</P>
<P N="4">4. And whether any &s;uch Tenant made any <HI>Alie|nation</HI> of any &s;uch Land &s;o holden to any per&s;on by collu&s;ion, to defeat the Lord of his profits, and pre|&s;ent that.</P>
<P N="5">5. Al&s;o you &s;hal enquire, whether any &s;uch Tenant which held by <HI>Knights &s;ervice,</HI> did make any <HI>Feofment</HI> by Deed to his u&s;e, or any <HI>Recognizance,</HI> by <HI>fine</HI> to his u&s;e, or &s;uffer any <HI>Recovery</HI> again&s;t him to his u&s;e, and after died, and no will by him declared, and pre&s;ent it: for in tho&s;e ca&s;es al&s;o the Lord &s;hall have <HI>Re|liefe,</HI> of his Heire, being of full age, and other duties, as well as if his Tenant had died &s;ei|zed.</P>
<P N="6">6. Al&s;o you &s;hall enquire whether the Heire of &s;uch <NOTE PLACE="marg">Entry for Con|ditions broken.</NOTE> Tenant entred into any &s;uch Lands &s;o holden, for any condition broken, being made by any of his Ance|&s;tors, and pre&s;ent it.</P>
<P N="7">7. Al&s;o you &s;hall enquire if any Tenant which held <NOTE PLACE="marg">Di&s;&s;eizin of the Tenant, and death before any re-entry.</NOTE> by <HI>Knights &s;ervice</HI> was di&s;&s;eized of Lands &s;o holden, that is to &s;ay, 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 pre&s;ent it.</P>
<P N="8">8. <HI>Soccage-tenure</HI> is, where the Tenant holdeth of <NOTE PLACE="marg">What Soccage tenure is.</NOTE> the Lord by <HI>Fealty</HI> and certaine rent for all manner of &s;ervices, or by <HI>Homage</HI> and <HI>Fealty</HI> for all manner of &s;ervices, or to pay a &s;umme of money for <HI>E&s;cuage,</HI> or to pay a certain &s;umme of money for <HI>Ca&s;tleguard:</HI> All &s;uch Tenures are <HI>Tenures in &s;occage:</HI> and all other Te|nures which are not Tenures by <HI>Knights &s;ervice,</HI> are <HI>Tenures in &s;occage:</HI> and where &s;uch tenants die &s;eized of any Lands &s;o holden, the Lord of whom the Land is &s;o holden, after the death of his Tenant can have no more profit but only his <HI>Fealty</HI> and <HI>Reliefe,</HI> that is to &s;ay, as much money and &s;ervice as one years rent doth <NOTE PLACE="marg">Reliefe is as much money as one years rent.</NOTE> amount unto. As if the Tenant held by <HI>Fealty,</HI> and ten &s;hillings for a <HI>Reliefe,</HI> over and be&s;ides the ten &s;hil|lings, which he &s;hall pay for his Rent, and in &s;uch
<PB N="348" REF="196">
ca&s;e after the death of the tenant, &s;uch reliefe is due to the Lords maintenance, &s;o 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 di&s;train immediately after the death of his Te|nants.</P>
<P N="9">9. Al&s;o if a <HI>Copyholder</HI> die &s;ole &s;eized of any Lands <NOTE PLACE="marg">Copyholder.</NOTE> or Tenements &s;o holden, his heire being of the age of fourteene yeares, then he &s;hall pay a fine unto the Lord and do <HI>Fealty,</HI> and be admitted Tenant; but if the heire be within the age of fourteene yeares, then &s;ome Guardian &s;hall be admitted to occupy his <HI>Copyhold,</HI> and to pay and doe his &s;ervice due for the &s;ame, <HI>viz.</HI> If Lands de&s;cend from the Father, then the Mother, or &s;ome of her next kindred &s;hall have the occupation of the &s;ame Lands, untill the Heire be at age, and they &s;hall a little fine for the Guardian|&s;hip, and the Heire at his entry &s;hall pay the whole <HI>fine,</HI> you &s;hall enquire thereof and pre&s;ent the &s;ame.</P>
<P N="10">10. Al&s;o you &s;hall enquire whether any Tenant <NOTE PLACE="marg">If tenant by Socage made any feofment to his u&s;e.</NOTE> which held by <HI>Soccage Tenure</HI> did make any <HI>Feof|ment in fee</HI> to his u&s;e, and died &s;eized of the u&s;e, his Heire being within age, and no will by him declared of the u&s;e, and pre&s;ent it, for that the Lord &s;hall have his <HI>Reliefe,</HI> as well as if he had died &s;eized of the &s;ame Lands.</P>
<P N="11">11. Al&s;o you &s;hall inquire whether any <HI>Freeholder</HI> <NOTE PLACE="marg">Whether any Freeholder hath aliened any of his freehold Lands.</NOTE> hath aliened or &s;old away his Free hold Lands or Te|nements, or any parcel of them, and pre&s;ent it; for he which hath purcha&s;ed the Land, before he en|ter, ought to come and give notice unto the Lord, that he hath purcha&s;ed the &s;ame, and &s;o the Lord &s;hall know his Tenant, and the &s;ervice which the for|mer paid unto the Lord, &s;hall be apportioned accord|ing unto the value of the Lands.</P>
<P N="12">12. Al&s;o you &s;hall enquire, whether any that held <NOTE PLACE="marg">Herriot &s;ervice, Herriot cu&s;tom.</NOTE> by <HI>Herriot &s;ervice,</HI> or <HI>Herriot cu&s;tome</HI> died &s;eized of
<PB N="349" REF="196">
any Lands or Tenements &s;o holden, and pre&s;ent it, for their &s;ervice &s;hall be apportioned: al&s;o the Lord &s;hall have of every of their &s;everall parts divers <HI>Herriots</HI> at their &s;everall deaths. Al&s;o if one man have two &s;everall parcels of Lands holden by <HI>Herriot-&s;ervice,</HI> and by two &s;everall titles, and dieth &s;eized of the &s;ame, the Lord &s;hall have after his death two <HI>Herriots.</HI></P>
<P N="13">13. Al&s;o you &s;hal enquire if any <HI>Copyholder</HI> died &s;eized <NOTE PLACE="marg">Whether any Copyholder died &s;eized of any &s;uch Lands.</NOTE> of any Lands &s;o holden, and pre&s;ent it, al&s;o whether any <HI>Copyholder</HI> hath made any <HI>Lea&s;e</HI> of his Copyhold, or otherwi&s;e aliened or &s;old the &s;ame, and pre&s;ent it, for it is a forfeiture of his Copyhold; for if a Copy-holder will alien or &s;ell away his Copyhold, he ought to come into the Court and &s;urrender the &s;ame, into the hands of the Lord, to the u&s;e of him who &s;hall have the E&s;tate, or el&s;e out of the Court he ought to <NOTE PLACE="marg">How a Copyhol|der ought to &s;ur|render his Copy-hold.</NOTE> &s;urrender it unto the <HI>Bayliffe,</HI> or to &s;ome of the Te|nants of the Lord-&s;hip to the u&s;e of him who &s;hall have the e&s;tate, and they to whom the &s;urrender is made, ought to pre&s;ent the &s;ame at the next Court, and then pay his fine for the &s;ame, and take it to his u&s;e in the Court, and do his endeavour to be admitted, and if he be not at the &s;ame Court, then the Lord &s;hall have the meane profits of the &s;ame Lands, all the rent|&s;ervices and repairations being deducted, until he be amerced of his fine, according to his duty.</P>
<P N="14">14. Al&s;o you &s;hall enquire if any Copyholder <NOTE PLACE="marg">Whether any Copyholder hath made any &s;ur|render.</NOTE> hath made any Surrender of his Copyhold, or any part thereof &s;ince the la&s;t Court-day, or before, and pre&s;ent it, and into who&s;e hands it was made, and in who&s;e pre&s;ence, or to who&s;e u&s;e: for at every &s;urrender the Lord ought to have a fine, and the party into who&s;e hands the &s;urrender is made, ought to come to the next Court, and pre&s;ent the &s;ame, and to yield up his right into the Lords hands to the u&s;e of the alienee, according to the tru&s;t repo&s;ed in him, or otherwi&s;e he forfeiteth his Copyhold, except he have a
<PB N="350" REF="197">
trea&s;onable excu&s;e: for that he doth as much as in him lies to defeat the Lord of his <HI>Fine,</HI> and al&s;o to defeat the other party; to who&s;e u&s;e the &s;urrenderd was made.</P>
<P N="15">15. Al&s;o you &s;hall enquire if any Tenant of the <NOTE PLACE="marg">Mortmain.</NOTE> Lord&s;hip have given any lands into <HI>Mortmain,</HI> and pre|&s;ent it.</P>
<P><NOTE PLACE="marg">What Mortmain is. </NOTE><HI>Mortmain</HI> is, if a man give or &s;ell any lands to any Hou&s;e of Religion, or to any other which be corpo|rate by the <HI>Knights grant:</HI> al&s;o if one make a <HI>Foefment</HI> upon tru&s;t to the u&s;e of a Religious Hou&s;e, or to the u&s;e of a Fraternity corporate, that is <HI>Mort|main.</HI></P>
<P>Al&s;o if one exchange Lands with a body corporate, this is <HI>Mortmain.</HI></P>
<P>Al&s;o if a Religious per&s;on, or other body corporate, doth hold of any man by <HI>Knights &s;ervice,</HI> and he re|lea&s;e unto him, this is <HI>Mortmain,</HI> and then the Lord may enter, and &s;hall hold the &s;ame by force: you &s;hall therefore pre&s;ent them that have given any Lands or tenements in <HI>Mortmain.</HI></P>
<P N="16">16. Al&s;o you &s;hall enquire, whether any tenant for term of life or years, or any Copiholder of this Lord-&s;hip <NOTE PLACE="marg">Wa&s;te.</NOTE> hath committed any <HI>wa&s;te,</HI> or &s;uffered any <HI>wa&s;te</HI> to be committed upon their Lands or Tone|ments.</P>
<P><NOTE PLACE="marg">What wa&s;te is, and how the &s;ame is commit|ted. </NOTE><HI>Wa&s;te</HI> is, when any tenant for terme of life, yeares, or any <HI>Copyholder,</HI> pulleth downe any hou&s;e, or cutteth down any timber trees, or &s;uffereth the hou&s;e willing|ly to fall, being on their Copyhold Tenements, or if any of the Tenants plow up any Meadow ground, or if they &s;uffer any wall or pale which were covered to be uncovered, by rea&s;on whereof the &s;ame <HI>wall</HI> or <HI>pale</HI> falls into decay, or if any of them dig coals, chalk, or &s;and, or make any <HI>Mines</HI> in their grounds, this is <HI>wa&s;te.</HI> Al&s;o if they cut downe a tree to the value of three &s;hillings four pence, this is admitted <HI>wa&s;te:</HI> but if a man cut down timber to repair the old hou&s;es that &s;tand upon parcel of the &s;ame ground, and therewith doth repair them, then it is no <HI>wa&s;te:</HI> but if he with the timber build a new hou&s;e, then the cutting down of &s;uch timber is <HI>wa&s;te:</HI> Or if he cut down any
<PB N="351" REF="197">
timber to &s;ell, to repaire &s;uch hou&s;es which are fallen into decay, &s;uch is <HI>wa&s;te.</HI> But if <HI>wa&s;te</HI> be done with a tempe&s;t, no tenant &s;hall be puni&s;hed for &s;uch <HI>wa&s;te:</HI> but if <HI>wa&s;te</HI> be done by any danger, the tenant &s;hall be puni&s;hed for &s;uch <HI>wa&s;te.</HI> Al&s;o it is no <HI>wa&s;te</HI> to &s;ell in a rea&s;onable time &s;uch trees as have been &s;elled within twenty yeares before: But if Tenants cut downe &s;uch trees to burn upon their Tenements, where they have wood &s;ufficient, this is <HI>wa&s;te.</HI> Al&s;o a <HI>Copyholder</HI> may not cut down wood to &s;ell, but he may to burne upon his tenement, or to make reparations as afore|&s;aid.</P>
<P N="17">17. Al&s;o you &s;hall enquire whether any tenant in <NOTE PLACE="marg">Whether any te|nant in po&s;&s;e&s;sio~ or rever&s;ion di|ed &s;eized with|out any heir.</NOTE> po&s;&s;e&s;&s;ion or rever&s;ion died &s;eized of any Land or Te|nements holden of this Lord&s;hip, having no heire at the time of his death, yea or no, and pre&s;ent it, for then the Lord &s;hall have the Land holden of him by <HI>E&s;cheat.</HI> You &s;hall under&s;tand that none &s;hall have Lands in <HI>Fee-&s;imple,</HI> as heirs unto any man, unle&s;&s;e he be heire of the whole bloud: for if a man have i&s;&s;ue two &s;ons by divers women, and dieth &s;eized of the &s;ame Land, and the elde&s;t entereth and dieth without i&s;&s;ue, the yonge&s;t &s;hall not have the Land as heire un|to his brother, becau&s;e he is of the halfe bloud, but another heire of the fathers &s;ide &s;hall inherit the &s;ame Land, and if he have no heire on the Fathers &s;ide, then the next hiere on the Mothers &s;ide &s;hall not have the Land, but the Lord of whom the Land is holden &s;hall have it by <HI>E&s;cheat;</HI> and &s;o when Land de&s;cendeth on the Mothers &s;ide, the heir on the Mothers &s;ide &s;hall inherit, and not the heirs of the Fathers &s;ide. Al&s;o you &s;hall under&s;tand, that <HI>filius in adulterio conceptus, viz.</HI> a <HI>Ba&s;tard</HI> can never be heire unto any man, nor have heire unto him&s;elfe: Therefore if any <HI>Ba&s;tard,</HI> or any <NOTE PLACE="marg">A Ba&s;tard may not inherit.</NOTE> other Tenant have died &s;eized without heirs, you &s;hall pre&s;ent.</P>
<P N="18">18. Al&s;o you &s;hall inquire if any Tenant was &s;eized <NOTE PLACE="marg">Whether any te|nant died, being put out of his land by one that had no right to</NOTE> 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 &s;hall have his <HI>E&s;|cheat</HI> as well as if his Tenant had died &s;eized.</P>
<P N="19"><PB N="352" REF="198">
19. Al&s;o you &s;hall enquire, whether any Tenant of <NOTE PLACE="marg">Petty Trea&s;on, felony, or mur|der committed of any Tenant, for which he was hanged, or had judgment to be hanged.</NOTE> this Lord&s;hip hath committed any <HI>Petty trea&s;on, felonies,</HI> or <HI>murthers,</HI> for the which he was hanged, or for the which he had Judgement to be hanged, though afterwards he payd his Charge, and was de|livered to the Ordinary, and pre&s;ent it. And whe|ther any Tenant hath committed any <HI>Petty trea|&s;on, felony,</HI> or <HI>murther,</HI> for the which he hath ab|jured the Land, for which he was outlawed, or by death, and pre&s;ent it: For in all tho&s;e ca&s;es the Lord of whom the Lands are holden, &s;hall have them by <HI>E&s;cheat,</HI> and al&s;o the evidences con|cerning the &s;ame.</P>
<P N="20">20. Al&s;o you &s;hall enquire if there be any Rents, <NOTE PLACE="marg">Whether there be any rents lo&s;t, or &s;ervices with-drawn.</NOTE> Cu&s;tomes, or Services withdrawne from the Lord-&s;hip, which of right ought to be done, and pre|&s;ent it, and what Rents, Cu&s;tomes, 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.</P>
<P><NOTE PLACE="marg">Whether the Te|nants do uphold and repair their tenements. </NOTE>Al&s;o you &s;hall enquire whether the <HI>Copyholders,</HI> or Fermers of this Lord&s;hip do uphold and repair their Tenements yea, or no, and pre&s;ent them. You &s;hall under&s;tand that every Tenant is obliged to three things <HI>viz.</HI></P>
<LIST>
<ITEM>1. That he be a true tenant to his Lord.</ITEM>
<ITEM>2. That he &s;ufficiently repair his tenements.</ITEM>
<ITEM>3. That he pay and do all &s;uits, Cu&s;tomes, and Services at his dayes a&s;&s;igned: for he tooke upon him to do &s;o when he did <HI>Fealty,</HI> and if he do not pay his Suits, Cu&s;tomes, and Services the Lord &s;hall have good remedy and recover the &s;ame with his damages: and if he be a Copyholder, and do the contrary, he forfeits his Copyhold.</ITEM>
</LIST>
<P N="21">21. Al&s;o you &s;hall enquire if any tenant of this <NOTE PLACE="marg">Whether any tena~t hath with-drawn his &s;ervi|ces.</NOTE> Lord&s;hip, which is obliged by rea&s;on of his tenure to do &s;uit unto the Lord, will do the &s;ame, yea or no, and pre&s;ent it: and whether any have u&s;ed to with-drawn their &s;uit from the Lords <HI>Mill,</HI> in not grinding their corn there, and pre&s;ent it.</P>
<P N="22"><PB N="353" REF="198">
22 You &s;hall al&s;o enquire whether any <HI>Waif</HI> or <HI>Stray</HI> <NOTE PLACE="marg">Waife and &s;tray.</NOTE> is, or was within the <HI>Lord&s;hip,</HI> and whether the Lord be an&s;wered of the &s;ame; if not, pre&s;ent by whom they are conveyed away: Al&s;o you &s;hall enquire if any <HI>He|riot</HI> be conveyed away, and by whom, and pre&s;ent it.</P>
<P N="23">23. You &s;hall al&s;o enquire whether per&s;on have <NOTE PLACE="marg">Re&s;cous.</NOTE> made <HI>Re&s;cous</HI> again&s;t the Lord, or any other Officer, and pre&s;ent it.</P>
<P><NOTE PLACE="marg">What it is. </NOTE><HI>Re&s;cous</HI> is, when the Lord di&s;traineth in the land holden of him for his Rent, or &s;ervices in arrear, or if the Lord come upon the lands and would di&s;train, and the Tenant or &s;ome other will not &s;uffer him, this is <HI>Re&s;cous.</HI> Likewi&s;e if the Lord di&s;train for &s;ervice be|hinde, or for damage-Fea&s;ant, and in driving cattell to pownd, the Bea&s;ts enter into the hou&s;e of the own|er, if he that di&s;traineth pray deliverance, and the po&s;|&s;e&s;&s;or will not deliver them, this is a <HI>Re&s;cous,</HI> therefore if <HI>Re&s;cous</HI> have been made, you &s;hall pre&s;ent it.</P>
<P N="24">24. Al&s;o you &s;hall enquire whether any per&s;on <NOTE PLACE="marg">Breach of pownd.</NOTE> hath broken the Lords pownd, that is, to have taken away a Di&s;tre&s;&s;e put in, and pre&s;ent it. You &s;hall un|der&s;tand, that if the Lord do di&s;train any Tenant for Rent or Service in arrear, he may impownd the &s;ame Di&s;tre&s;&s;e in a <HI>Common pownd</HI> if he will, or in his owne ground, or in his neighbours if he will, by the li|cence of his neighbour, and all tho&s;e places in which the Lord doth impound any Cattell, are called the Lords pownd, but not &s;o when another doth im|pound any Di&s;tre&s;&s;e in his own pownd, or in his neighbours: It behoveth him to give notice to the o|ther party; for that if the Di&s;tre&s;&s;e be quick he may give it meate; and then if the Bea&s;t die for want of &s;u|&s;tenance, he that was di&s;trained &s;hall be at the lo&s;&s;e, and then he that di&s;trained before may di&s;train againe for the &s;ame rent or duty. </P>
<P N="25"><NOTE PLACE="marg">Whether any Tenant hath let any Farm fall to decay, <HI>viz.</HI> not maintained for husbandry, as before.</NOTE> 25. You &s;hall al&s;o enquire, if any Tenant within the precincts of this <HI>Mannor,</HI> hath &s;uffered any Farme or Hou&s;e to fall to decay, which at any time &s;ince the fir&s;t yeare of the Reigne of <HI>Henry</HI> 7. hath beene let with twenty acres of land, and pre&s;ent it: For if
<PB N="354" REF="199">
they &s;uffer their hou&s;es to fall to decay, the Lord may take and di&s;train for halfe of the i&s;&s;ues and profits of the &s;ame, and keep to his owne u&s;e, untill &s;uch time as the hou&s;es &s;hall be &s;ufficiently builded and repaired, <HI>viz.</HI> maintained again for husbandry.</P>
<P N="26">26 Al&s;o you &s;hall inquire if any inhabitants or <NOTE PLACE="marg">If any have o|vercharged the common, or high wayes, or put Cattel in them before the dayes agreed upon.</NOTE> <HI>Commoners</HI> have over-charged the <HI>Common</HI> or High wayes, or your <HI>Common fields,</HI> by putting in more Cattell then they ought to do, and whether any of them have put their Cattel in any the <HI>Commons</HI> afore|&s;aid, before the dayes agreed upon, and pre&s;ent it; for the Lord (as it &s;eems) may di&s;train the &s;urplu&s;age da|mage fea&s;ant, or el&s;e you may make among your &s;elves orders and lawes for your owne profit, that none &s;hall do upon certaine penalties, <HI>&amp;c.</HI> and by &s;uch Lawes the Inhabitants and <HI>Commoners</HI> &s;hall be bound, <HI>&amp;c.</HI></P>
<P N="27">27 You &s;hall al&s;o enquire if any per&s;ons have made <NOTE PLACE="marg">If any per&s;ons have made pits in the high wayes, breaking of hedges, <HI>&amp;c.</HI> Stopping of wayes, waters, <HI>&amp;c.</HI></NOTE> any pits in the high wayes, and whether any per&s;on do commonly break hedges, and &s;uffer any Hogs to go unyoaked or unringed, to the annoyance of their neighbors.</P>
<P N="28">28 You &s;hall al&s;o enquire whether any per&s;ons have drained or &s;topped any wayes, waters, ditches, paths, or turned any of them into a wrong cour&s;e, and pre|&s;ent it.</P>
<P N="29">29 Al&s;o if any have incroached any Land of the Lords, <HI>viz.</HI> Land, Meadow, Pa&s;ture, Wood, Heath, <NOTE PLACE="marg">Whether any have encroach|ed.</NOTE> Moor, or any other vacant land without licen&s;e of the Lord, by &s;etting of his hedge, pale, or otherwi&s;e, and pre&s;ent the &s;ame.</P>
<P>Note that all the vacant and wa&s;te land within the <HI>Mannor,</HI> belongeth to the Lord of the <HI>Mannor.</HI></P>
<P N="30">30 You &s;hall al&s;o enquire, whether any per&s;on hath <NOTE PLACE="marg">Whether any have removed any marks.</NOTE> plowed up, or removed away any Mere marks, baulks, or limits between one piece of Land and another, and pre&s;ent it.</P>
<P N="31">31 Al&s;o you &s;hall enquire if any have &s;talked with a bu&s;h or bea&s;t to kill <HI>Deere</HI> which is in the Lords Clo&s;e <NOTE PLACE="marg">Whether any have &s;talked with bu&s;h or bea&s;t.</NOTE> or Parke, and pre&s;ent it.</P>
<P N="32"><PB N="355" REF="199">
32 You &s;hall al&s;o enquire if any per&s;on hath, con|cealeth, <NOTE PLACE="marg">Whether any have or do keep away any Evi|dences.</NOTE> or keepeth away any Evidences, Charters; or Court Rolls, Cu&s;tomary terres, or any other evidence which concerns the Lord&s;hip, or any parcel thereof, and pre&s;ent it.</P>
<P N="33">33 Al&s;o you &s;hall enquire if any per&s;on have fi&s;h|ed, <NOTE PLACE="marg">Whether any have fi&s;hed, fow|led, <HI>&amp;c.</HI> Whether any have taken any Fea&s;ants, <HI>&amp;c.</HI></NOTE> fowled, hawked or hunted in this Lord&s;hip, or Lords Warren, and pre&s;ent it.</P>
<P N="34">34 You &s;hall enquire al&s;o if any per&s;on have taken any Fea&s;ant, Partridges with net, &s;nare, or other En|gine upon the Free-Hold of the Lord of this <HI>Mannor,</HI> and pre&s;ent it.</P>
<P N="35">35 Al&s;o you &s;hall enquire if any have taken away <NOTE PLACE="marg">Swans, or &s;wans eggs.</NOTE> any <HI>Swans, Signets,</HI> or eggs of the Lords Swans out of their ne&s;ts, and pre&s;ent it.</P>
<P N="36">36 You &s;hall likewi&s;e enquire if any lands of the <NOTE PLACE="marg">Concealed land.</NOTE> Lord be concealed or kept back, or occupied by any without the licen&s;e of the Lord: Al&s;o what land it is, and how much land hath been &s;o occupied, and of what value by the yeare the &s;ame is. and pre&s;ent it.</P>
<P N="37">37 Al&s;o you &s;hall enquire if any Tre&s;pa&s;&s;e be done <NOTE PLACE="marg">Tre&s;pa&s;s in the corne, gra&s;s, <HI>&amp;c.</HI></NOTE> in any of the Lords liberty, <HI>viz.</HI> in his Corne, Gra&s;&s;e, Meadows, Pa&s;ture, Woods, Hedges, Waters, or Pounds; or if any take Hawks, or ayre of Hawks, or &s;uch like tre&s;pa&s;&s;e, and pre&s;ent them.</P>
<P N="38">38 You al&s;o &s;hall enquire if any Land be inclo&s;ed, <NOTE PLACE="marg">For inclo&s;ing in &s;everal grounds without the L. licence, <HI>&amp;c.</HI></NOTE> and the &s;ame kept in &s;everalty, which ought to lye open, without licence of the Lord and other Free-holders, you &s;hall pre&s;ent it; for no Tenant of the Lord&s;hip &s;hall loo&s;e the Common in the &s;ame.</P>
<P N="39">39 Al&s;o if any <HI>Copyholder</HI> let his <HI>Copyhold</HI> Land for longer time then a yeare and a day, without licence, <NOTE PLACE="marg">A Copyholder may not let lon|ger then a yeare and a day.</NOTE> except it be by Cu&s;tome that he may let for longer time, and if he do, it is forfeiture, and pre&s;ent the &s;ame.</P>
<P N="40">40 You &s;hall al&s;o enquire whether any Tenant for <NOTE PLACE="marg">Granting great|er e&s;tates.</NOTE> yeares or life, have granted any greater or larger e&s;tate then they had in their Lands or Tenements, and pre&s;ent it, for that is a forfeiture of their e&s;tate.</P>
<P N="41"><PB N="356" REF="200">
41. Likewi&s;e you &s;hall enquire if the <HI>Bayliff, Head|borough,</HI> <NOTE PLACE="marg">Whether the, Baylifs, <HI>&amp;c.</HI> do execute their office. Whether the de|faults &amp; plaints be amended.</NOTE> <HI>Con&s;table,</HI> and <HI>Hayward,</HI> and all other Officers have well and truly executed their offices, and pre|&s;ent it.</P>
<P N="42">42. You &s;hall likewi&s;e enquire whether all the <HI>de|faults</HI> and <HI>plaints</HI> that were pro&s;ecuted at the la&s;t Court be &s;ufficiently amended, and whether all the orders and Lawes heretofore made be ob&s;erved and kept, and pre&s;ent it.</P>
<P N="43">43. To conclude, you &s;hall enquire of all other <NOTE PLACE="marg">Conclu&s;ion.</NOTE> things by me omitted, which you know to appertain to your charge; and by the <HI>Oaths</HI> that you have taken, you &s;hall truly and diligently enquire of all the premi&s;|&s;es, and plainly without concealing of any fault, and make a return of your pre&s;entment, &s;ub&s;cribed with your hands, and &s;ealed with your &s;eals, by three a clock in the afternoon.</P>
<P>Then command the <HI>Bayliffe</HI> to make proclamation, <HI>O yes,</HI> and adjourn the Court till after dinner, in this manner.</P>
<P><NOTE PLACE="marg">Adjournment. </NOTE>All manner of per&s;ons 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.</P>
<P>After your return from <HI>Dinner,</HI> if any <HI>&s;urrenders</HI> or <HI>admittances</HI> be to be made, or Actions to be tried, let them be done: Otherwi&s;e call the Jury for their pre|&s;entments, if they be ready, and &s;wear two <HI>affeerers</HI> to <HI>affer</HI> them as before at the <HI>Leet.</HI> Then di&s;charge the Court, the <HI>Bayliffe</HI> making an <HI>O yes,</HI> thus.</P>
<P><NOTE PLACE="marg">The di&s;charge of the Court. </NOTE>All manner of per&s;ons that have any more to do at this Court holden here this day, let them come forth and they &s;hall be heard, otherwi&s;e they &amp; every one el&s;e may for this time depart, and keep their day here upon a new warning. And &s;o God &s;ave the <HI>Lord Protector,</HI> and the Lord of this <HI>Mannor.</HI></P>
</DIV4>
</DIV3>
<DIV3 TYPE="section">
<PB N="357" REF="200">
<HEAD>Some &s;elect ca&s;es out of the new Reports, and others, concerning the <HI>Lord, Copyhold|er,</HI> and <HI>Copyholds, Surrenders, Forfeitures,</HI> &amp;c.</HEAD>
<DIV4 TYPE="subsection">
<HEAD>Fir&s;t, of the Lord.</HEAD>
<P>HEe that is a <HI>Lord</HI> to grant and allow a <HI>Copyhold,</HI> mu&s;t be &s;uch a one as by <HI>Littletons</HI> definition, is &s;ei&s;ed of a <HI>Mannor,</HI> &s;o that he mu&s;t be in po&s;&s;e&s;&s;ion at the time of the grant; for though he have good right and title, yet if he be not in po&s;&s;e&s;&s;ion of the <HI>Mannor,</HI> it will not &s;erve. And on the other &s;ide, if he be in po&s;&s;e&s;&s;ion of the <HI>Mannor,</HI> though he have neither right nor title thereunto, yet in many ca&s;es the grant and allowance of &s;uch a <HI>Copy</HI> is good, as he is <HI>Dominus de facto &s;ed non de jure.</HI> Calthrop 48.</P>
<P><NOTE PLACE="marg">A Copyhold granted by a Di&s;&s;ei&s;or, may be avoyded by the Di&s;&s;ei&s;ee. </NOTE>A <HI>Copyhold</HI> granted by a Di&s;&s;ei&s;or, or any other who hath the <HI>Mannor</HI> of which it is parcell by wrong, &s;hall be avoyded by the Di&s;&s;ei&s;ee, or any other who hath right to the <HI>Mannor</HI> by his entry or recovery of the <HI>Mannor. Pophams Rep. fo.</HI> 71. Yet it was agreed, that admittance upon <HI>&s;urrenders</HI> of <HI>Copyholders</HI> in <HI>fee,</HI> to the u&s;e of another; or if an heire in ca&s;e of a di&s;&s;ent of a <HI>Copyhold</HI> were good, being made by a Di&s;&s;ei&s;or of a <NOTE PLACE="marg">But admittance upon &s;urren|ders, <HI>&amp;c.</HI> good. Owen. Rep. fol. 115. Trin. 1 Iet. rot. 853.</NOTE> <HI>Mannor,</HI> or any other who hath it by Tort, becau&s;e the&s;e are acts of nece&s;&s;ity, and for the benefit of a &s;tran+ger, <HI>viz.</HI> of him who is to have the Land by the &s;urren|der, or of the heire: And al&s;o Grants made by Copy by the <HI>Feoffee,</HI> upon Condition of a <HI>Mannor,</HI> before the Condition broken, are good, becau&s;e he was law|fully <HI>Dominus protempore. ibid.</HI></P>
<P><NOTE PLACE="marg">None can pa&s;se it larger e&s;tate then he hath. </NOTE>If a <HI>Lord</HI> grant a Copy in <HI>Fee,</HI> having but an e&s;tate for life in the <HI>Copyhold,</HI> no larger e&s;tate &s;hall pa&s;&s;e then he him&s;elfe hath, <HI>Quia nemo pote&s;t plus juris in alte|num transferre, quam ip&s;e habet. Co.</HI> of <HI>Copy-holds. fol.</HI> 96.</P>
<P><PB N="358" REF="201">
If the <HI>Lord</HI> of a <HI>Mannor</HI> taketh a Wife, and after <NOTE PLACE="marg">Copyhold e&s;tates not to be avoyd|ed for <HI>dower.</HI></NOTE> maketh <HI>Copyhold</HI> e&s;tates, according to the Cu&s;tome, and dyeth, though the <HI>Feme</HI> hath this <HI>Mannor</HI> a&s;&s;igned unto her for her <HI>Dower,</HI> yet cannot &s;he avoyd the <HI>Co|pyhold</HI> e&s;tates, becau&s;e the <HI>Copyholders</HI> are in by a title paramount, the title of the <HI>Feme, viz.</HI> by Cu&s;tome. <HI>Co.</HI> of <HI>Copyholds,</HI> 45.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Secondly, of the Copy-holder.</HEAD>
<P>HE is <HI>Tenant by copy of Court-roll,</HI> being admitted of Lands or Tenements within a <HI>Mannor,</HI> that time out of minde by u&s;e and cu&s;tome of the &s;aid <HI>Mannor</HI> have been demi&s;eable and demi&s;ed to &s;uch as will take the &s;ame in <HI>Fee,</HI> in <HI>Fee-taile,</HI> for <HI>life,</HI> yeares, or at will, according to the cu&s;tome of the &s;aid <HI>Mannor by Copy of Court roll</HI> of the &s;ame <HI>Mannor. We&s;t. part 1. Sym.</HI> lib. 2. &s;ect. 646.</P>
<P><NOTE PLACE="marg">What per&s;on is &s;ufficient to be a Copyholder. <HI>Eliz. Dyer.</HI> 301.</NOTE>And that per&s;on is &s;ufficient to be a <HI>Copyholder</HI> who is of him&s;elfe able, or by another to do the &s;ervice of  a <HI>Copyholder;</HI> as an Infant may be a <HI>Copyholder</HI> for his <HI>Guardian,</HI> and <HI>prochein amy</HI> may doe the &s;ervice; But a Lunatick, or Idiot cannot be a <HI>Copyholder,</HI> becau&s;e they cannot do the &s;ervice them&s;elves, nor depute any other: and the Lord &s;hall retain the <HI>Copyhold</HI> of an <HI>Ideot. Carthrop</HI> fo. 52. Nor a man cannot be a <HI>Copy-holder</HI> unto a <HI>Mannor</HI> whereof he him&s;elfe is Lord, al|though he be but <HI>Dominus pro termino annorum,</HI> or in <HI>jure &V;xoris. ibidem.</HI></P>
<P><NOTE PLACE="marg">What intere&s;t a Copyholder hath in his e&s;tate. </NOTE>Let us enquire what intere&s;t <HI>Copyholders</HI> have in their e&s;tates, and that will appeare to be very &s;trenu|ous; for although Cu&s;tomary Tenants are termed in Law <HI>Tenants at will,</HI> yet are they not &s;imply &s;o, nor meerly Tenants at will, for every <HI>Copyholder</HI> is but only <HI>Tenant at will, &s;ecundum con&s;uetudinem Manerii,</HI> which cu&s;tome warrants his po&s;&s;e&s;&s;ion, and therefore it is a more certaine e&s;tate then an e&s;tate at will, for the <HI>Co|pyholder</HI> may ju&s;tifie again&s;t his Lord, &s;o cannot a <HI>Tenant at will,</HI> who&s;e e&s;tate is determined at the will
<PB N="953" REF="201">
and plea&s;ure of his Le&s;&s;or: And although his e&s;tate is but by cu&s;tome, and by no conveyance the &s;tate is rai|&s;ed, it is as materiall, &s;o as it be an e&s;tate: and this e&s;tate being &s;upported by cu&s;tome is known in Law an e&s;tate, and &s;o attainted in Law; and the &s;ame Law hath notably di&s;tingui&s;hed Copyhold Tenancies by cu&s;tome, and Tenancies at will by the Common Law; for a <HI>Copyholder</HI> &s;hall do <HI>fealty,</HI> &s;hall have ayde of his Lord in an Action of Tre&s;pa&s;&s;e, &s;hall have and main|taine an Action of Tre&s;pa&s;&s;e again&s;t his Lord, his Wife &s;hall be endowed, the Husband &s;hall be Tenant by the Courte&s;ie without new admittance: And it was adjudged in the Common Pleas, 8 <HI>Eliz.</HI> <NOTE PLACE="marg">8 Eliz.</NOTE> That if a <HI>Copyholder</HI> &s;urrender to the u&s;e of another for yeares, the Le&s;&s;ee dieth, his Executors &s;hall have the re&s;idue of the terme without any admittance. <HI>Mic.</HI> 14 and 15 <HI>Eliz.</HI> A <HI>Copyholder</HI> made a Lea&s;e for yeares by Indenture warranted by the cu&s;tome, it was adjudged that the Le&s;&s;ee &s;hould maintain <HI>Ejectione firmae,</HI> al|though it was objected, that if it were &s;o, then if the <NOTE PLACE="marg">Leonards <HI>rep.</HI> fir&s;t part. <HI>fo.</HI> 8. Mich. 25. <HI>&amp; 26 Eliz.</HI></NOTE> Plaintiff doth recover he &s;hall have <HI>Habere facias po&s;|&s;e&s;sionem,</HI> and then <HI>Copyholds</HI> &s;hould be ordered by the Lawes of the Land, 10 <HI>Eliz.</HI> Lord and Copyholder for life, the Lord grants a Rent-charge out of the <HI>Mannor,</HI> whereof the Copyhold is parcell, the <HI>Copy-holder</HI> &s;urrenders to the u&s;e of <HI>A.</HI> who is admitted ac|cordingly, he &s;hall not hold it charged; but if the <HI>Copyholder</HI> dyeth, &s;o that his e&s;tate is determined, and the Lord granteth to a &s;tranger <HI>de Novo,</HI> to hold the &s;aid lands by Copy, this new Tenant &s;hall hold the Land charged. <HI>Leonards rep. fir&s;t part.</HI> fo. 8. Mich. 25. &amp; 26 <HI>Eliz.</HI></P>
<P><NOTE PLACE="marg">Copyholder and Tenant at will. </NOTE><HI>Tenant by Copy of Court Roll,</HI> hath an Inheritance by the cu&s;tome; but when he doth that which is contrary to the Cu&s;tome, he &s;hall be then in no better condi|tion then a bare Tenant at will, <HI>Bol&s;trod. 1 part. fo</HI> 51. &s;o that performing the duties and &s;ervices according to <NOTE PLACE="marg">Bol&s;trod. <HI>fir&s;t part.</HI> fo. 51.</NOTE> the Cu&s;tome, doth &s;o e&s;tabli&s;h and fixe the e&s;tate, that the &s;ame by the Cu&s;tome of the <HI>Mannor</HI> is de&s;cen|dable, and his heires &s;hall inherit the &s;ame; and therefore his e&s;tate is not meerly (as I have &s;aid before) <HI>ad voluntatem Domini,</HI> but <HI>ad voluntatem Domini &s;ecun|dum
<PB N="360" REF="202">
con&s;uetudinem Manerii,</HI> &s;o that the cu&s;tome of the <HI>Mannor</HI> is the &s;oule and life, and al&s;o the chiefe ba&s;is upon which &s;tands the whole fabrick of <HI>Copy-hold</HI> e|&s;tates; for without cu&s;tome, or if they break their cu|&s;tome, they are &s;ubject to the Lords will. And by cu&s;tome a <HI>Copyholder</HI> is as well inheritable to have his land according to the Cu&s;tome as he who hath a <HI>Free-hold</HI> at the Common Law, for <HI>con&s;uetudo e&s;t altera lex,</HI> cu&s;tome and u&s;age time out of minde, <HI>&amp;c.</HI> may create and con&s;olidate Inheritances, <HI>Con&s;uetudo vincit legem,</HI> 7 E. 4. <HI>Danby</HI> chiefe Ju&s;tice &s;aid, that a <HI>Copyholder</HI> is <NOTE PLACE="marg">7 E. 4.</NOTE> a&s;well inheritable to have his Land according to the Cu&s;tome, as he who hath <HI>Free-hold</HI> at the Common Law. <HI>Co.</HI> 4. 21.</P>
<P><NOTE PLACE="marg">Tenant may have an action of Tre&s;pa&s;s again&s;t the Lord. Husband to a woman Copy-holder &s;hall not be tenant by the Curte&s;ie without &s;peciall cu&s;tome. The heire of a Copyholder not bound to come to any Court du|ring his nonage. </NOTE>If Tenant by cu&s;tome paying his &s;ervices be ejected by his Lord, he may have an action of Tre&s;pa&s;&s;e. 21 <HI>E. 4. 80. Co.</HI> 4. 22.</P>
<P>If a woman <HI>Copyholder</HI> in Fee have a Husband, who hath I&s;&s;ue, and the Wife dyeth, the Husband &s;hall not be Tenant by the Courte&s;ie without &s;peciall cu&s;tome. <HI>Co</HI> 4. 22.</P>
<P>If a <HI>Copyholder</HI> 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 <HI>Fine.</HI> Al&s;o if the death of the Ance&s;tor be not pre&s;ented, nor Pro|clamation, he is not at any detriment, although he be of full age. <HI>Leonards rep. fir&s;t part.</HI> fol. 128. Pa&s;ch. 30 <HI>Eliz. B. R.</HI></P>
<P><NOTE PLACE="marg">Whether or no a Copyholder may lop trees. </NOTE><HI>Brownloes Rep. fir&s;t part fol. 231. Swain</HI> and <HI>Becket,</HI> a que&s;tion was, that whereas there is a <HI>Mannor</HI> where|in are <HI>Copyholders</HI> for life, who u&s;ed to lop Trees, growing upon the <HI>Copyholds,</HI> for their nece&s;&s;ary fire, and repaire of their cu&s;tomary Tenements; the Lord of the <HI>Mannor</HI> maketh a Lea&s;e of the <HI>Mannor</HI> for yeares, excepting the Trees: The Le&s;&s;ee of the <HI>Mannor</HI> gran|teth a Copy for life, the <HI>Copyholder</HI> loppeth his trees growing in his <HI>Copyhold,</HI> whether or no he might doe it by Law was the doubt of the <HI>Iury.</HI> And it was held by all the Court. <HI>Hill. 6 Jac.</HI> that the <HI>Copyholder</HI> might lop the Trees, becau&s;e he is in by the cu&s;tome
<PB N="361" REF="202">
which is above the Lords e&s;tate after he is admitted, and that the <HI>Copyhold</HI> depends not upon the Lords in|tere&s;t: And that the trees excepted, and the &s;oyle re|mained parcel of the <HI>Mannor</HI> becau&s;e the Lea&s;e was but for yeares: but if the Lea&s;e had been for life, it had been otherwi&s;e, becau&s;e it had been &s;evered from the <HI>Mannor.</HI></P>
<P><NOTE PLACE="marg">Copyholder for life cannot claim cu&s;tome to cut downe and &s;ell trees. </NOTE>But note, that in Ju&s;tice <HI>Crooks Rep.</HI> fir&s;t part. <HI>fol.</HI> 160. That a <HI>Copyholder</HI> for life may cut downe and &s;ell Timber trees, and di&s;po&s;e of them at his plea&s;ure, is a voyd and unrea&s;onable cu&s;tome, and not allowable by Law; for it is a de&s;truction of the Inheritance, and again&s;t the nature of a <HI>Copyholder</HI> for life. For a <HI>Copyholder</HI> hath but a particular e&s;tate in the Land, and &s;o he hath in the Trees: And it is unrea&s;onable, that he &s;hould cut downe, &s;ell, and de&s;troy the In|heritance, and it would be to the great prejudice of tho&s;e who &s;ucceeded, for they &s;hould not have to maintain the hou&s;e and the plough. And it is again&s;t the nature of the e&s;tate of a <HI>Copyholder,</HI> that he &s;hould do Acts in de&s;truction of his e&s;tate; therefore cu&s;toms which maintaine them are allowable, but not <HI>&egrave; con|ver&s;o.</HI> Vide 24 <HI>E. 3. Barr. 77. 21 H. 7. 40. 11 H. 7. 14. 9 H. 4. Wa&s;t.</HI> 59.</P>
<P><NOTE PLACE="marg">No tenant by the Curte&s;ie nor Dower &s;hall be of Copyhold lands. Leonard rep. 1 part. 126. </NOTE>If a <HI>Copyholder</HI> of inheritance grant his Copy-hold to one and his heires, this &s;hall de&s;cend, and no Te|nant by the <HI>Courte&s;ie,</HI> nor yet <HI>Dower</HI> &s;hall be thereof, without a &s;peciall cu&s;tome for the &s;ame. <HI>Bol&s;trod. &s;e|cond part,</HI> fo. 275. <HI>Mich. 12 Jac.</HI></P>
<P>If I give all my Lands, Tenements, and Heredita|ments in <HI>D.</HI> my Copyholds do not pa&s;&s;e, <HI>Leonard Rep.</HI> fir&s;t part, 126.</P>
<P><NOTE PLACE="marg">An e&s;tate tayle cannot be of Co|pyhold lands without u&s;e. Crook. 1 part. fo. 31. &amp; 32. Poph. fol. 38. </NOTE>An e&s;tate <HI>tayle</HI> cannot be of <HI>Copyhold</HI> Lands, un|le&s;&s;e it be in ca&s;e where it hath been u&s;ed, for the Statute <HI>De donis conditionalibus</HI> &s;hall not enure to &s;uch cu&s;tomary Lands, but to Lands which are at Common Law, and therefore an e&s;tate tayle can|not be of the&s;e cu&s;tomary Lands, but in ca&s;e where it hath beene u&s;ed time out of minde. <HI>Popham.</HI> fol. 34. And it was holden afterwards, that an e&s;tate tayle is wrought out of <HI>Copyhold Land</HI> by the equity of the Statute <HI>De donis conditionalibus,</HI> for otherwi&s;e it
<PB N="362" REF="203">
cannot be that there can be any e&s;tate taile of Copy-hold land, for by u&s;age it cannot be maintained, be|cau&s;e that no e&s;tate tayle was known in Law before this Statute, but all were <HI>Fee-&s;imple,</HI> and after this Statute it cannot be by u&s;age, becau&s;e this is within the time of limitation, after which an u&s;age cannot make a pre&s;cription, as appeareth, 22 and 23 <HI>Eliz.</HI> in <HI>Dyer.</HI> And by 8 <HI>Eliz.</HI> a cu&s;tome cannot be made after <HI>We&s;tmin&s;t. 2d.</HI> And what e&s;tates are of Copyhold land, appeareth expre&s;ly by <HI>Littleton</HI> in his Chap. of <HI>Tenant by Copyhold,</HI> &amp;c. And in <HI>Brook, tit. Tenant by Copyhold,</HI> &amp;c. 15 <HI>H.</HI> 8. In both which it appears that a Plaint lyeth in Copyhold land in the nature of a <HI>Formedon</HI> in the <HI>Di&s;cender</HI> at the Common Law, and this could not be before the Statute <HI>De donis conditionalibus</HI> for &s;uch land, becau&s;e that before that Statute there was not any <HI>Formedon</HI> in the <HI>Di&s;cender</HI> at Common Law, and therefore the Statute helps them for their remedy for intayled Land, which is but cu&s;tomary by equity. And if the Action &s;hall be given by equity for thy land, why &s;hall not the Statute by the &s;ame equity worke to make an e&s;tate in tayle al&s;o of this nature of the land? <HI>Poph. ibidem.</HI> And Copyholds are now become by u&s;age by &s;uch e&s;tates, that Law allows them to be good again&s;t the Lords them&s;elves, they performing their cu&s;tomes and &s;ervices, and therefore are guided by the guides and rules of the Common Law, <HI>Dyer Trin. 12 Eliz.</HI> And to &s;ay, that e&s;tates of Copyhold land are not warranted but by cu&s;tome, and every cu|&s;tome lyes in u&s;age; and without u&s;age a cu&s;tome cannot be, is true, but in the u&s;age of the greater, the le&s;&s;er is alwayes implyed, <HI>Omne majus in &s;e conti|net minus:</HI> As by u&s;age 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 cu&s;tome; for the u&s;e of the greater number of lives warrants the le&s;&s;er number, but not <HI>&egrave; conver&s;o</HI></P>
<P>If the <HI>Copyholder</HI> by his letter of Attorney appoint <NOTE PLACE="marg">A Copyholder may a&s;signe one to <HI>e&s;&s;oyn</HI> for him, but not to do his &s;ervice.</NOTE> the &s;on of his Farmer his Attorney, to do the &s;ervices for him due for his Copyhold: Such a per&s;on &s;o con|&s;tituted and appointed may <HI>E&s;soyne</HI> for the <HI>Copyhol|der,</HI>
<PB N="363" REF="203">
but not do the &s;ervices for him, for none can do the &s;ame, but the Tenant him&s;elf. <HI>Leonard,</HI> fir&s;t part. <HI>fo.</HI> 139.</P>
<P><HI>Copyhold</HI> land is not extendable upon a <HI>Statute-Staple,</HI> <NOTE PLACE="marg">Copyhold not extendible by Stat. Stap. but it is upon the Stat. of Bank|rupts, not lyable to any charge of the Lord, <HI>&amp;c.</HI></NOTE> but upon the <HI>Statute of Bankrupts</HI> it is extenda|ble, <HI>Brownlows</HI> fir&s;t part, 34. As long as a Copyhold of Inheritance is in the Tenants hands, it is not lyable to any e&s;tate or charge of the Lord, as <HI>Dower, Curte|&s;ie, Elegit, Statute,</HI> &amp;c. But when it is in the Lords hands it is liable. <HI>Co.</HI> 4. 22. But a cu&s;tome in this ca&s;e may make it chargeable. <HI>Calthr.</HI> 88, 89. 92, 93.</P>
<P>We will now declare &s;omething of <HI>Surrenders.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>Of Surrenders, what are good, and what not.</HEAD>
<P><NOTE PLACE="marg">Upon a &s;urren|der action lies not again&s;t the Lord for refu|&s;ing admittance. </NOTE>LOrd and Tenant, <HI>Copyholder</HI> by <HI>Surrender,</HI> or by nomination by force of a Cu&s;tome precedent, de|&s;ires his Lord at his Court to admit him to the Co|pyhold e&s;tate, and offers him his <HI>Fine,</HI> the Lord refu&s;es, he cannot take the profits before admittance, here is <HI>damnum &amp; injuria,</HI> whether for refuall he may have an action of the Ca&s;e or not? And it was re&s;olved, <HI>Pa&s;ch. 13 Jac. P. R.</HI> That an Action of the Ca&s;e lies not again&s;t the Lord for his refu&s;all to admit him, without a &s;peciall cu&s;tome, or pre&s;cription for the &s;ame, <HI>Omnis innovatio plus novitate perturbat quam utilitate prode&s;t;</HI> for if upon every &s;uch refu&s;all an Action &s;hall be brought, this will introduce many inconveniencies. <HI>C.</HI> 4. 22. in <HI>Brownes</HI> ca&s;e. But note that in all ca&s;es of Mini&s;teriall offices, if they refu&s;e to <NOTE PLACE="marg">In mini&s;teriall offices action lies again&s;t him that will not do his office, but not &s;o in ca&s;es of tru&s;t.</NOTE> do their offices, Actions upon the ca&s;e &s;hall well lye a|gain&s;t them, as again&s;t the <HI>Clarke of the Inrollments,</HI> if he refu&s;eth to inroll a <HI>Deed,</HI> an Action upon the ca&s;e lyeth again&s;t him for this, but it &s;hall not be &s;o in ca&s;es of tru&s;ts, <HI>Bol&s;trod. &s;econd part,</HI> fol. 337, 338. <HI>Foords</HI> ca&s;e. <HI>Hill. 12 Jac.</HI></P>
<P><PB N="364" REF="204">
If a <HI>Surrender</HI> be to the Lord generally, without &s;ay|ing <NOTE PLACE="marg">A &s;urrender to the Lord good. A &s;urrender to the u&s;e of ano|ther, <HI>&amp;c.</HI> In a &s;urrender it matters not if the party to whom it is be preci&s;ely ex|pre&s;sed, <HI>&amp;c.</HI></NOTE> to who&s;e u&s;e, it is good enough. <HI>Kitch.</HI> 81.</P>
<P>If the <HI>Copyholder</HI> &s;urrender to the u&s;e of another, and the Lord grant it to the <HI>Ce&s;tuy que u&s;e,</HI> not naming the &s;urrender; this is good enough by <HI>Calthr. fo</HI> 99.</P>
<P>In a <HI>&s;urrender</HI> it matters not, if the party to whom it is, be preci&s;ely expre&s;&s;ed, if by any circum&s;tance he may be known: And therefore to <HI>&s;urrender</HI> to the <HI>Ma|jor</HI> of <HI>Yorke,</HI> next of his kin, or next of his blood, his Brother, Si&s;ter, or his &s;onne, 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 <HI>Yorke&s;hire;</HI> But a &s;urrender to the u&s;e of ones Cou&s;in or Friend, is voyd for incertainty, &s;o it is if it be to the u&s;e of <HI>A. B.</HI> or <HI>C. Coo.</HI> 4. 29. of <HI>Copy-hold</HI> 96.</P>
<P>If a <HI>&s;urrender</HI> be made to the Lord in generall, with|out <NOTE PLACE="marg">Surrender to the Lord, <HI>&amp;c.</HI></NOTE> expre&s;&s;ing to what u&s;e, it &s;hall be taken to the Lords u&s;e <HI>Kitch.</HI> 81.</P>
<P>If a <HI>Copyhold</HI> be &s;urrendred to the u&s;e of <HI>A. B.</HI> and <NOTE PLACE="marg">Surrender to <HI>A. B.</HI> until be marry <HI>C. D.</HI> &amp;c. Surrender to the u&s;e of a &s;tranger, <HI>&amp;c.</HI></NOTE> his heires, till he marry <HI>C. D.</HI> and then to the u&s;e of them two in &s;peciall tayle; this is valid, and &s;hall en|ure accordingly, <HI>Calth. fo.</HI> 22.</P>
<P>If a <HI>Copyholder</HI> &s;urrender to the u&s;e of a Stranger, in con&s;ideration that the &s;tranger &s;hall marry his daughter before &s;uch a day; In this ca&s;e if the marri|age &s;ucceeds not, the &s;tranger &s;hall take nothing by the &s;urrender. But if the con&s;ideration be, that the &s;tranger &s;hall pay &s;uch a &s;umme of money, at &s;uch a day, although the money be not paid, yet the &s;urrender is valid. <HI>Calth.</HI> fo. 37.</P>
<P>If the <HI>Copyholder</HI> &s;urrender his land to the u&s;e of <HI>A.</HI> <NOTE PLACE="marg">Surrender to <HI>A. B's</HI> u&s;e, if he pay 20 l. at a day, <HI>&amp;c.</HI> Surrender to the Lord to the u&s;e of <HI>I. S.</HI> pay|ing 100 l. <HI>&amp;c.</HI></NOTE> <HI>B.</HI> &s;o that <HI>A. B.</HI> pay 20 <HI>l.</HI> at &s;uch a day if he plea&s;e; this is an ab&s;olute, not a conditionall &s;urrender. <HI>Calth. fol.</HI> 39.</P>
<P>If a <HI>Copyholder</HI> &s;urrender his Coyphold of Inheri|tance into the hands of the Lord, to the u&s;e of <HI>I. S.</HI> paying one hundred pounds to his Executors within &s;uch a time after his death, he to who&s;e u&s;e this &s;ur|render is made, takes by force of this pre&s;ently. <HI>Bol&s;tr. 2d. part. fo. 275. Mich. Jac.</HI> 12.</P>
<P><PB N="365" REF="204">
If a <HI>Copyholder</HI> &s;urrender to the u&s;e of one for life, <NOTE PLACE="marg">Surrender to the u&s;e of one for life, <HI>&amp;c.</HI></NOTE> who is admitted and dyeth, he in the Rever&s;ion may enter without a new admittance. <HI>Leonard. fir&s;t part. Rep.</HI> 144.</P>
<P><NOTE PLACE="marg">Copyhold may be extingui&s;hed without an a|ctual &s;urrender. </NOTE>If a <HI>Copyholder</HI> bargain and &s;ell his Copyhold to the Lord of the <HI>Mannor,</HI> which hath the <HI>Mannor</HI> in lea&s;e for yeares, the Copyhold e&s;tate is thereby extingui&s;h|ed: And if a <HI>Copyholder</HI> come into Court, and &s;ayes that he is weary of his Copyhold, and reque&s;ts the Lord to take it, this is a &s;urrender; for between the Lord and the Tenant, a conveyance &s;hall not need to be according to the cu&s;tome, for the <HI>Copyholder</HI> hath no other u&s;e of the Cu&s;tome, but onely to convey the Land to another. <HI>Vide Co.</HI> 4. in his Copyhold ca|&s;es, that a <HI>Relea&s;e</HI> by him who hath right to a Copy-hold, to one who is admitted Copyholder, extingui&s;h|eth the right of the Copyhold by Deed: And if a <HI>Co|pyholder</HI> relea&s;e to the Lord, that extingui&s;heth the Copyhold, although it be contrary to the nature of a <NOTE PLACE="marg">Huttons <HI>Rep.</HI> fo. 65. Blemer|ha&s;sets <HI>ca&s;e.</HI></NOTE> relea&s;e to give a po&s;&s;e&s;&s;ion. <HI>Huttons Rep.</HI> fo. 65. <HI>Ble|merha&s;sets</HI> ca&s;e.</P>
<P><NOTE PLACE="marg">Leonard. fir&s;t part. 133. </NOTE>If the <HI>Copyholder</HI> &s;urrender to the u&s;e of his right heires, the Land &s;hall remaine in the <HI>Lord</HI> untill the death of the <HI>Copyholder,</HI> for then his heire is known, <HI>&amp;c.</HI> See <HI>Dyer. 99. Leonards fir&s;t part.</HI> rep. 133.</P>
<P><NOTE PLACE="marg">Leonard. fir&s;t part. 124. </NOTE>If a man &s;ei&s;ed of Copyhold land in the right of his Wife, or Tenant in taile of a <HI>Copyhold</HI> doth &s;urrender to the u&s;e of another in Fee, the &s;ame doth not make any di&s;continuauce, but that the i&s;&s;ue in tayle, and the Wife may re&s;pectively enter, <HI>Leonards</HI> fir&s;t Rep. <HI>fo.</HI> 124.</P>
<P><NOTE PLACE="marg">Poph. fol. 39. </NOTE>An In&s;ant who &s;urrenders his <HI>Copyhold</HI> land within age, may enter at his full age, without being put to any &s;uit for it. <HI>Poph.</HI> Rep. <HI>fol.</HI> 39. </P>
<P>It was re&s;olved by all the <HI>Barons</HI> of the <HI>Ex|chequer, Pa&s;ch. 4. Iac.</HI> That if a <HI>Copyholder</HI> &s;ur|render to the u&s;e of a younger &s;onne, and dyes, that this younger &s;onne cannot bring an Action till admit|tance; but if the Copyhold be di&s;cended to the heire, he may have an Action before admittance. See <HI>Co. 4. fol. 22. Copyhold ca&s;es,</HI> it was likewi&s;e &s;aid, That all <HI>Copyholders</HI> of the <HI>KINGS Mannors</HI> may
<PB N="366" REF="205">
now have admittance into their Copyhold e&s;tates well enough, and the order for the &s;tay of their admit|tances, which was made heretofore is now di&s;&s;olved and qua&s;hed. <HI>Lanes Rep. fol.</HI> 20. <NOTE PLACE="marg">Lanes Rep. 20.</NOTE></P>
<P><NOTE PLACE="marg">A &s;urrenderer of a Copyhold cannot &s;urren|der before ad|mittance. </NOTE>A <HI>Copyholder</HI> &s;urrendred out of Court according to the Cu&s;tome of the <HI>Mannor,</HI> which at the next Court was pre&s;ented, and entry thereof made by the <HI>Steward,</HI> viz. <HI>Compertum e&s;t homagium,</HI> &amp;c. but no admittance; and afterwards <HI>Ce&s;tuy que u&s;e</HI> &s;ur|renders before admittance, and the fir&s;t <HI>Copyholder</HI> &s;urrenders to the Plaintiffe; and in this ca&s;e there was two que&s;tions.</P>
<P>Fir&s;t, whether he may &s;urrender before admit|tance?</P>
<P><NOTE PLACE="marg">Poph. fo. 128. No &s;urrender by an Attorney without deed, but an admit|tance may be. </NOTE>The &s;econd was, who &s;hall have the land? whether the <HI>Copyholder</HI> or the <HI>Lord?</HI> and it was held that he could not &s;urrender before admittance, and the entry of the &s;urrender doth not make admittance, for this being the &s;ole act of the <HI>Steward</HI> &s;hall not binde the <HI>Lord;</HI> and it is not like to the u&s;uall forme of an ad|mittance, <HI>viz. Dat domino de Fine fecit fidelitatem &amp; admi&s;sus e&s;t inde tenens,</HI> and it was agreed to, and &s;aid that in <HI>Hare</HI> and <HI>Bricklegs</HI> Ca&s;e, the admittance of a <HI>Copyholder</HI> was compared to the induction to a Bene|fice which gives the po&s;&s;e&s;&s;ion, <HI>Poph. fol.</HI> 128. </P>
<P>A Copyhold cannot be &s;urrendred to another by an Attorney without Deed, but one may be admitted to a Copyhold e&s;tate by <HI>Attorney</HI> without a Deed. For there is a difference betwixt the pa&s;&s;ing of an e&s;tate and the receiving of an e&s;tate pa&s;&s;ed. <HI>Prac. Regi&s;t. tit. Surrender 2. Apr. 1650. B. R.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>VVhat &s;hall be &s;aid a rea&s;onable <HI>Fine</HI> for a <HI>Copyholder</HI> to pay upon his admittance.</HEAD>
<P><HI>HIl. 5 Car. Rot. 125. Dow</HI> and others again&s;t <HI>Gol|ding</HI> in tre&s;pa&s;&s;e upon a <HI>Demurrer,</HI> and the que|&s;tion was, whether the <HI>Lord</HI> of a <HI>Mannor</HI> may a&s;&s;e&s;&s;e two years and a half value of land according to racked
<PB N="367" REF="205">
Rent for a <HI>Fine</HI> 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 impro|ved is high enough; and the De&s;endant a&s;&s;e&s;&s;ing two yeares and a halfe, it is unrea&s;onable, and therefore <NOTE PLACE="marg">Crook, fir&s;t part. <HI>fo.</HI> 142.</NOTE> the Plaintiffe might well refu&s;e the payment thereof, and con&s;equently the entry of the Defendant for a for|feiture not ju&s;tifiable. <HI>Crook</HI> 1 part. <HI>fol.</HI> 142.</P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>VVhat &s;hall make a Forfeiture of Co|pyhold estates, and what not.</HEAD>
<P>WEe now de&s;cend to <HI>Forfeitures of Copyhold e&s;tates,</HI> both what &s;hall be, and what &s;hall not be for|feited.</P>
<P>Fir&s;t, In a <HI>Forfeiture</HI> of a Copyhold e&s;tate, by ma|king of a Lea&s;e of his Copyhold land contrary to the cu&s;tome, there ought to be very direct and certaine proof made, of a certaine Lea&s;e, with a certaine beginning and ending of it, and likewi&s;e of any o|ther thing &s;uppo&s;ed to be acted and done by a Copy-holder, and contrary to the cu&s;tome of the Mannor, thereby to make a forfeiture of his Copyhold e&s;tate, it mu&s;t al&s;o appeare certaine to the Court; for if a &s;tranger &s;hall come and make oath to this purpo&s;e, it &s;hall not be of any force or effect to prove a forfei|ture, e&s;pecially if the <HI>Copyholder</HI> &s;till continue in po&s;&s;e&s;&s;ion, and &s;o dyes &s;ei&s;ed of his Copyhold e&s;tate, and never came in que&s;tion till after his death. And <NOTE PLACE="marg">28 H. 8. Dyer. fo. 24. pl. 151. Plow. fo 273. b. in <HI>Say</HI> &amp; <HI>Ful|lers</HI> ca&s;e, <HI>&amp;</HI> 14 H. 8. <HI>fo.</HI> 14. b. <HI>&amp;</HI> Coo. 6. 35. Bol&s;trod. <HI>fir&s;t part.</HI> &s;o. 50.</NOTE> if &s;uch a pre&s;entment &s;hall be allowed in the <HI>Lords Court</HI> upon an oath made by a &s;tranger, as to make a Copyhold e&s;tate, every <HI>Copyholder</HI> might be in danger to lo&s;e his Copyhold e&s;tate. Or if a <HI>Copy-holder</HI> did promi&s;e to make a Lea&s;e, and it is not proved in <HI>facto,</HI> that he did make the &s;ame, this is no <HI>forfeiture</HI> of his Copyhold e&s;tate. Or if a <HI>Copy-holder</HI> do make a lea&s;e of his Copyhold land, and &s;o a <HI>forfeiture</HI> being contrary to the cu&s;tome of the
<PB N="368" REF="206">
<HI>Mannor,</HI> if after this he continues &s;till in po&s;&s;e&s;&s;ion, and the Lord of the <HI>Mannor</HI> dyes, and afterwards his Widow, or he who hath the <HI>Mannor,</HI> doth receive Rent from the <HI>Copyholder,</HI> he &s;hall never, after accep|tance of Rent, take any benefit or advantage of the for|feiture. <HI>Bol&s;trod. fir&s;t part.</HI> fo. 50.</P>
<P>If a <HI>Le&s;see</HI> for life build a hou&s;e upon his land, and <NOTE PLACE="marg">A forfeiture to build and pull down again. No good cu&s;tom to pull downe hou&s;es, or cut down trees, <HI>&amp;c.</HI></NOTE> afterwards pulls it downe again, this is a forfeiture of the <HI>Copyhold, ibid fol.</HI> 50.</P>
<P>If a cu&s;tome be that a <HI>Copyholder</HI> may pull downe hou&s;es, &s;uch a cu&s;tome is not good, if the cu&s;tome be for a <HI>Copyholder</HI> to cut downe trees, in this for the warranting of &s;uch a cu&s;tom, the difference will be this, if he be a <HI>Copyholder</HI> of inheritance, then &s;uch a cu|&s;tome to cut down trees for &s;uch a <HI>Copyholder</HI> will be a good cu&s;tome; but otherwi&s;e it is if he be a <HI>Copyholder</HI> <NOTE PLACE="marg">Bol&s;trod. <HI>fir&s;t part.</HI> fo. 51. &amp; 52.</NOTE> for life, there &s;uch cu&s;tome is not good. <HI>Ibid. fol.</HI> 51. If a <HI>Copyholder</HI> erect a hou&s;e, and pull it down again, it is a cleare forfeiture of his Copyhold e&s;tate. <HI>I|bidem</HI> 52.</P>
<P><NOTE PLACE="marg">A Copyholder by the common law, without &s;pecial cu&s;tome, cannot make a Lea&s;e for one yeare, but it is a forfeiture. </NOTE>By the Law of the Land every <HI>Copyholder</HI> may make a Lea&s;e for a yeare without forfeiture: Yet admit it be a <HI>forfeiture,</HI> if the Lord take a <HI>&s;urrender,</HI> and en|ters not for the <HI>forfeiture,</HI> but makes a Lea&s;e for yeares, his Le&s;&s;ee &s;hall not enter for the <HI>forfeiture,</HI> for the Le&s;&s;ee cannot when the Lord allows thereof. Yet to the Lea&s;e for one yeare it was an&s;wered, That he mu&s;t have a &s;peciall cu&s;tome, or el&s;e it is not good, unle&s;&s;e it be for a tryall of a Title, which hath been allowed, becau&s;e it is for reducing a Rite, and for the Lords benefit. And to the &s;econd it was &s;aid, that admitting it is a <HI>forfieture,</HI> yet the Lords acceptance of the <HI>&s;urrender,</HI> not knowing of the <HI>forfei|ture,</HI> is no di&s;pen&s;ation therewith, and con&s;equently that the Lords Le&s;&s;ee hath a good e&s;tate and right in him, for which his entry is lawfull, this was approved good by the Court, and the fir&s;t part over-ruled. <HI>Crook</HI> <NOTE PLACE="marg"><HI>Crook. fir&s;t</HI> rep. fo. 169.</NOTE> Rep. <HI>fo.</HI> 169.</P>
<P>A <HI>COPYHOLDER</HI> made a Lea&s;e for one <NOTE PLACE="marg">A lea&s;e for one year by a Copy-holder, <HI>&amp;c.</HI> a forfeiture.</NOTE> yeare, <HI>Et &s;ic de anno in annum,</HI> during the life of the <HI>Copyholder</HI> (excepting one day at the end of every year for the <HI>Copyholder</HI> to enter, and this
<PB N="369" REF="206">
onely for to avoid a forfeiture) but it was cleerly re|&s;olved, <HI>Mic. 8. Jac. B. R. rot</HI> 602. that this is <NOTE PLACE="marg">Bol&s;trod rep. fir&s;t part. f. 215.</NOTE> a forefeiture of his Copyhold e&s;tate; for if a Lea&s;e be made <HI>de anno in annum</HI> this mu&s;t of nece&s;&s;ity be a Lea&s;e for <HI>twenty</HI> and two years, and &s;o is <HI>Potkins ca&s;e in</HI> 14. <HI>H. 8. fo</HI> 14. As to the re&s;ervation of one day, at the end of every year to make his lea&s;e but for one year, and &s;o to be warrantable by the cu&s;tome, it <NOTE PLACE="marg">Lutterels ca&s;e, Mich. 8 Jac. B. R. rot. 602.</NOTE> will nothing avail him, though he had excepted a moneth at the end of every year it would have been to no purpo&s;e, for by this invention he hath a pur|po&s;e to cheat and deceive his Lord, but he is de|ceived him&s;elf <HI>Bol&s;trod. 1. part, fo. 215. Iutterels ca&s;e Mic 8. Jac. B. R. rot.</HI> 602.</P>
<P><NOTE PLACE="marg">Hetleyes rep. fo. 122. </NOTE>If a <HI>Copyholder</HI> make a Lea&s;e for years, to comence at <HI>Michaelmas;</HI> it is a forfeiture pre&s;ently, <HI>Hetleys rep. fo.</HI> 122.</P>
<P><NOTE PLACE="marg">A Copyholder may inclo&s;e where it hath been formerly inclo&s;ed; and may digg Ma<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">l, but it mu&s;t be laid upon the &s;ome land. Winches rep. fo. 8 The heir may take the profits before admit|tance, and make a lea&s;e, &amp;c. Poph. rep. fo. 39 </NOTE>A <HI>Copyholder</HI> may hedge and inclo&s;e, but not where it was never inclo&s;ed before, and he may dig for marl without any danger of forfeiture, but he ought to lay the &s;aid marl upon the &s;ame Copyhold land, and not upon other Land, <HI>Ea&s;ter, 19. Jac. Winch. rep. fo.</HI> 8. But if land be digged to make a banck, and if more be digged then is nece&s;&s;ary it is wa&s;t, and if it be not ca&s;t down for the land might be made barren, 41. <HI>E. 3. Wa&s;t.</HI> 82.</P>
<P>The heir before admittance may enter and take the profits, and make a Lea&s;e according to the cu&s;tome, or bring an action of trea&s;pa&s;e again&s;t him who di|&s;turbes him? But if the <HI>Lord</HI> require his <HI>Fine</HI> or his <HI>&s;ervices,</HI> and the heir refu&s;e to do them, this may be a forfeiture of his <HI>Copyhold;</HI> But until lawful &s;ei&s;in made by the Lord (becau&s;e it belongeth to him) the heir may intermeddle with the po&s;&s;e&s;&s;ion, though he be not admited by the Lord where it is an E&s;tate of inhetance by the cu&s;tome, <HI>Pophams rep. fo.</HI> 39.</P>
<P><NOTE PLACE="marg">To refu&s;e to pay a Fine certain, is a forfeiture. Or refu&s;e to ap|pear at his Lords Court. </NOTE>It is a forfeiture of a Copyhold, for the Copyholder to refu&s;e to pay his <HI>Fine,</HI> if it be a <HI>Fine certain;</HI> but if he refu&s;e to pay a <HI>Fine incertain,</HI> after it is &s;et, <HI>quaere</HI> whether it be <HI>a forfeiture</HI> or not, for that <HI>Fine</HI> may be unrea&s;onable, See before <HI>forfit.</HI> Or if he refu&s;e to appear at his Lords <HI>Court,</HI> and to do
<PB N="370" REF="207">
his &s;ervice there <HI>Prac. Regi&s;t. tit. fo. forfit. Trin. 24. Car.</HI> R. B. yet if the Copyholders dwell in a Town far di&s;tant from the Mannor, a general warning with|in the Mannor is not &s;ufficient, but there ought to be to the per&s;on notice of the day when the Court &s;hall be holden, &amp;c. For his not coming in &s;uch ca&s;e <NOTE PLACE="marg">Some excu&s;ive rea&s;ons why he may not appear at the Lords Court.</NOTE> cannot be called a voluntary refu&s;al: &s;o if a man be of that debility in body, as he cannot travel without danger, &s;o if he have a great office, &amp;c. the&s;e are good and &s;trenuous cau&s;es of excu&s;e: It was likewi&s;e holden, that if a Copyholder makes de|fault at the Court, and be there amerced, although that the amerciament be not e&s;treated, or levyed, yet <NOTE PLACE="marg">A general war|ning of the Court within the pari&s;h is &s;ufficient. Leonards fir&s;t part fo. 133. Hetleys rep. fo. 7.</NOTE> it is a di&s;pen&s;ation of the forfeiture. But note that a general warning within the pari&s;h is &s;ufficient, for if the tenant him&s;elf be not re&s;ident upon his Copy-hold but el&s;ewhere, his Farmer may &s;end notice to him of the Court, <HI>Leonards rep. fir&s;t part fo.</HI> 133. And note further by <HI>Hetly</HI> in his <HI>rep. fo. 7. Pa&s;c. 3 Car.</HI> C. B. that if a Copyholder be &s;ummoned to the Court, by <HI>Common Proclamation,</HI> or expre&s;&s;e notice, and he does not appear, it is no forfeiture, becau&s;e it is but a fai|ler of &s;ervice, and no denyal, and for the neglect he may be puni&s;hed and fined.</P>
<P><NOTE PLACE="marg">One &s;ei&s;ed in the right of his wife, &s;urren|ders it, and dyes, no di&s;|continuance to the wife. Co. rep. 4. 23 </NOTE>If a man &s;ei&s;ed of Copyhold land in the right of his wife, &s;urrendreth the &s;ame to the u&s;e of ano|ther, and the Husband dyeth, it is no di&s;conti|nuance to the Wife; but that the Wife may en|ter, and &s;hall not be put to a <HI>Cui in vita,</HI> nor the heir to &s;ue a <HI>Cui in vita. Coo.</HI> 4. 23. And if a Copyholder for Life &s;urrendreth to the u&s;e of ano|ther in Fee, it is no forfeiture, for it pa&s;&s;eth by &s;ur|render to the Lord, and not by Livery, and Copyhold E&s;tates &s;hall not have &s;uch qualities as E&s;tates at Common Law have without &s;pecial cu|&s;tome. <HI>Ibidem.</HI></P>
</DIV4>
</DIV3>
<DIV3 TYPE="section">
<PB N="371" REF="207">
<HEAD>Of the Office and Dutie of the Steward.</HEAD>
<P><NOTE PLACE="marg">Co. &s;uper lit. fo. 61. a. b. </NOTE><HI>STeward,</HI> in the Latine is called <HI>Sene&s;challas,</HI> and is derived from the French word <HI>Sein</HI> a hou&s;e or place, and <HI>Schale,</HI> an Officer or Governour, &s;ome &s;ay that <HI>Sen</HI> is an ancient word for Ju&s;tice, &s;o as <HI>Sene|&s;chal,</HI> &s;hould &s;ignifie <HI>officiarius ju&s;ticiae.</HI> As to the word <HI>Steward,</HI> it &s;eemeth to be compounded of <HI>Stew</HI> and <HI>Ward,</HI> and is a word of many applications: yet alwaies &s;ignifieth an Officer of chief account with|in the place of his &s;way. In this place it &s;ignifieth an officer of <HI>Ju&s;tice, viz.</HI> a <HI>keeper of Courts,</HI> &amp;c. therefore for the prevention of many inconveniencies, it would be no di&s;advantage to Lords to elect and con&s;titute &s;uch as are exerci&s;ed in the &s;tudies of the Provincial Lawes of this Commonwealth, and the cu&s;tomes of <HI>Mannors. Fleta lib. 2. cap.</HI> 26. de&s;cribes the office <NOTE PLACE="marg">Fleta. lib. 2. cap. 26.</NOTE> of a <HI>Steward,</HI> and councelleth Lords of <HI>Mannors</HI> and Liberties to provide (or elect) their <HI>Stewards</HI> in the&s;e words; <HI>Provideat &s;ibi Dominus de &s;ene&s;challo circum|&s;pecto, &amp; fideli, viro provido, &amp; di&s;creto &amp; gratio&s;o; humili, pudico, pacifico &amp; mode&s;to qui in legibus con|&s;uetudinibu&s;que provinciae &amp; officio &s;ene&s;challiae &s;e cog|no&s;cat, &amp; jura Domini &s;ui in omnibus teneri affectet, &amp;c. cujus officium e&s;t curias tenere</HI> Maneriorum <HI>&amp; de &s;ub&s;tra|ctationibus con&s;uetudinum, &s;ervitiorum, reddituum, &s;ecta|rum ad curiam, mercata, molendina domini, &amp;</HI> advi|&s;us Franci-plegiorum <HI>aliarumque libertatum Domino pertinentium inquirat, &amp;c.</HI> By which de&s;cription it is ob&s;erved that he ought to have a double qualification, <HI>viz.</HI></P>
<LIST>
<ITEM>1. In Moralibus.</ITEM>
<ITEM>2. In Judicialibus.</ITEM>
</LIST>
<P N="1">1. <HI>In moralibus,</HI> he mu&s;t be qualified with the&s;e properties, <HI>viz.</HI> Circum&s;pection, fidelity, providence, di&s;cretion, &amp;c. which may be reduced to two general heads, to wit, <HI>(verity</HI> and <HI>Indu&s;try.)</HI></P>
<P N="2"><PB N="372" REF="208">
2. <HI>In Judicialibus,</HI> and therein he mu&s;t be at|tended by the property of <HI>Knowledge,</HI> as to be expert in the lawes of the Countrey, and the cu&s;tomes of the <HI>Mannor,</HI> and have ability to in&s;truct and direct the <HI>Bayliffs,</HI> and other mini&s;ters in dubious things.</P>
<P><NOTE PLACE="marg">How he may be retained. </NOTE><HI>Let us now de&s;cend to demon&s;trate his retainer into office, &amp;c.</HI> </P>
<P><NOTE PLACE="marg">Co. rep. 4. 30. Dyer. 8. Eliz. 248. </NOTE>A Lord of a <HI>Mannor</HI> may by <HI>parol</HI> retain one to be <HI>Steward</HI> of his <HI>Mannor,</HI> and to hold the <HI>Courts</HI> thereof, as well as a <HI>Bayliff</HI> may be, and that by word, and this retainer &s;hall be as effectual in all points be|fore di&s;charge, as the mo&s;t effectual in&s;titution by <HI>Pa|tent;</HI> yet mo&s;t commonly they have patents for their offices. <HI>Co.</HI> 4. 30. and therewith accorderh 8 <HI>Eliz Dy|er</HI> 248. Likewi&s;e it was adjudged in the common pleas in the <HI>Lady Julian Holcrofts</HI> ca&s;e, that whereas one was generally retained by the Lord of a <HI>Mannor</HI> by <HI>parol</HI> to be <HI>Steward</HI> of a <HI>Mannor,</HI> and to keep his <HI>Courts,</HI> that &s;uch <HI>Steward</HI> may take &s;urren|der of cu&s;tomary tenants out of the <HI>Court</HI> or make voluntary admittances or any other act incident to the office of a <HI>Steward,</HI> for till &s;uch <HI>Steward</HI> be di&s;|charged, he is <HI>Steward</HI> of the <HI>Mannor,</HI> as well by the retainer by word, as if he had a <HI>grant</HI> thereof by <HI>Pa|tent Leon. fo.</HI> 309. <NOTE PLACE="marg">Leonards fir&s;t part fo. 309.</NOTE></P>
<P><NOTE PLACE="marg">Co. 4. of Copy-holds, fo. 143. </NOTE>He repre&s;ents the per&s;on of the <HI>Lord</HI> in many things, for in the ab&s;ence of the <HI>Lord</HI> he &s;itteth in <HI>Court</HI> as <HI>Judge</HI> to puni&s;h offences, to determine con|trover&s;ies, redre&s;&s;e injuries, &amp;c. he acts &s;ome things in the Lords name and not in his own name; for if the <HI>Steward</HI> admit any <HI>Copyholder,</HI> or by &s;pecial Authority or particular cu&s;tome, licence a <HI>Copyholder</HI> to Alien, this admittance and licence &s;hall be made in the <HI>Lords</HI> name, and the entery in the <HI>Roll</HI> &s;hall be <HI>Quod dominus per &s;ene&s;callum admi&s;is, &amp; licentiavit, &amp;c. Co. of Copyholds fo.</HI> 143.</P>
<P><NOTE PLACE="marg">Carthrop. &s;c. 47. </NOTE>He mu&s;t take care to <HI>Record</HI> and <HI>Enrol</HI> all the Con|veyances of e&s;tates; for it hath behn holden by &s;ome, That if the <HI>Lord</HI> in open <HI>Court</HI> grant a Copyhold e&s;tate, and no entry is made thereof in the Court <HI>Rolls</HI> that the grant is inavlid, and that no collateral will make it valid. <HI>Carthrop. fo.</HI> 47. But if the tenant 
<PB N="373" REF="208">
have no Copy, or lo&s;e his Copy, the roll of the Court is a good evidence, And if the wills be lo&s;t, it is thought cleerly it may be &s;upplyed by proof, <HI>ibidem.</HI></P>
<P><NOTE PLACE="marg">2 H. 4. 24. </NOTE>At every <HI>Court</HI> he is to &s;wear &s;ome of the Tenants (which is called the <HI>Homage)</HI> the&s;e he chargeth with the <HI>Articles</HI> before mentioned, and upon them they do pre&s;ent; and upon this pre&s;entment, the <HI>Steward</HI> is to proceed as upon the pre&s;entment in a <HI>Leet,</HI> &s;ave onely that (as it is &s;aid) the <HI>Lord</HI> cannot bring an action of debt, but is onely to di&s;traine for the <HI>amer|ciament</HI> in this Court, 2 <HI>H.</HI> 4. 24. For by the Com|mon <NOTE PLACE="marg">Leonards fir&s;t part fo. 299.</NOTE> Law he hath no authority to a&s;&s;e&s;&s;e <HI>amerciaments</HI> or <HI>Fines</HI> in a <HI>Court-Baron,</HI> but the <HI>&s;uitors,</HI> for they are the <HI>Judges</HI> and not the <HI>Steward. Leonards rep. fir&s;t part</HI> 299.</P>
<P><NOTE PLACE="marg">How he may forfeit his of|fice. </NOTE>If the <HI>Steward</HI> take a bribe, or u&s;e partiallity in any ca&s;e depending before him, (of which crime ma|ny are too culpable) or if by his <HI>Patent</HI> he be obliged to keep <HI>Court</HI> at certain times of the year, and failes thereof, the Lord receiving prejudice thereby, (not otherwi&s;e) or if he be by his <HI>Patent</HI> obliged to keep <HI>Court</HI> upon demand or reque&s;t to be made by the <HI>Lord,</HI> <NOTE PLACE="marg">Co. 4. rep. of Copyholds, fo. 146.&amp;c.</NOTE> and upon reque&s;t and demand by the <HI>Lord</HI> he refu|&s;eth; the&s;e and the like ca&s;es will make him &s;ubject to a <HI>forfeiture, Co. of Copyholds, fo. 146. &amp;c.</HI></P>
<DIV4 TYPE="subsection">
<HEAD>Of the Fees of the Court-Baron.</HEAD>
<P>AS for the <HI>Fees</HI> of this Court they much differ, and are by Law what they have been by cu&s;tome; time out of minde. For &s;ome take the &s;ame <HI>Fees</HI> as are taken in the <HI>County court.</HI> And other <HI>Courts</HI> take the <HI>Fees</HI> which follow.</P>
<P><TABLE>
<HEAD>The Stewards Fees.</HEAD>
<ROW>
<CELL>FOr entring every E&s;&s;oyne</CELL>
<CELL>00-00-02</CELL>
</ROW>
<ROW>
<CELL>Entering every action</CELL>
<CELL>00-00-02</CELL>
</ROW>
<ROW>
<CELL>Every Order entered</CELL>
<CELL>00-00-04</CELL>
</ROW>
<ROW>
<CELL>Entering a Declaration, if it be large then more</CELL>
<CELL>00 00-04</CELL>
</ROW>
<ROW>
<CELL>Every Proce&s;&s;e</CELL>
<CELL>00 00 04</CELL>
</ROW>
<ROW>
<CELL><PB N="374" REF="209">
Entering every plea or an&s;wer</CELL>
<CELL>00-00 04</CELL>
</ROW>
<ROW>
<CELL>Every Continuance</CELL>
<CELL>00-00-02</CELL>
</ROW>
<ROW>
<CELL>Every wager of Law and entry</CELL>
<CELL>00 00-02</CELL>
</ROW>
<ROW>
<CELL>Warrants for witne&s;&s;es and &s;ummoning Juries</CELL>
<CELL>00-00-04</CELL>
</ROW>
<ROW>
<CELL>Every Non-&s;uite and detraxit</CELL>
<CELL>00 00-04</CELL>
</ROW>
<ROW>
<CELL>Entering the Judgement</CELL>
<CELL>00 00-04</CELL>
</ROW>
<ROW>
<CELL>Satisfaction acknowledged</CELL>
<CELL>00-00 02</CELL>
</ROW>
<ROW>
<CELL>For removing and certifying a cau&s;e</CELL>
<CELL>00-06-08</CELL>
</ROW>
</TABLE>
<TABLE>
<HEAD>The Bayliffs Fees.</HEAD>
<ROW>
<CELL>FOr every Summons and entrance</CELL>
<CELL>00-00-08</CELL>
</ROW>
<ROW>
<CELL>For executing every Proce&s;&s;e</CELL>
<CELL>00-00-04</CELL>
</ROW>
<ROW>
<CELL>For every &s;hilling upon Judgment</CELL>
<CELL>00-00-01</CELL>
</ROW>
<ROW>
<CELL>For &s;ummoning the Jury</CELL>
<CELL>00-01-00</CELL>
</ROW>
<ROW>
<CELL>For &s;ummoning of Wit|ne&s;&s;es upon a Warrant</CELL>
<CELL>00 00-04</CELL>
</ROW>
<ROW>
<CELL>For every Oath</CELL>
<CELL>00 00-02</CELL>
</ROW>
</TABLE>
<TABLE>
<HEAD>If there be Attorneyes, then their Fees are,</HEAD>
<ROW>
<CELL>FOr every cau&s;e if it be heard</CELL>
<CELL>00-01-00</CELL>
</ROW>
<ROW>
<CELL>For drawing the Declaration</CELL>
<CELL>00-00-06</CELL>
</ROW>
<ROW>
<CELL>For every Court the cau&s;e de|pendeth after he is reteined</CELL>
<CELL>00-00-06</CELL>
</ROW>
</TABLE></P>
<P><HI>See more in the Fees of the County Court.</HI></P>
</DIV4>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The Oath of the Bayliff of a Mannor.</HEAD>
<P>YOu &s;hall &s;wear that you &s;hal well and truly &s;erve his Highne&s;s the Lord Protector and the Lord of this Monnor for the year to come, in the Office of <HI>Bayliff</HI> of the &s;ame Mannor; and you &s;hall duly and truly gather, all &s;uch rents, re|venues,
<PB N="375" REF="209">
or other yearly profits as &s;hall be extract|ed out unto you, and therefore you &s;hall make and yield up a true account at the end of the &s;aid year, and in every thing you &s;hall well and ho|ne&s;ty behave your &s;elf in the &s;aid office, during the time afore&s;aid. So help you God, &amp;c.</P>
<P><HI>The Bayliff mu&s;t be &s;worn before the Court end.</HI></P>
<P><NOTE PLACE="marg">Mr. Kitchin in his Juri&s;diction of Courts, &amp;c. </NOTE><HI>The form and method of</HI> Pre&s;entments <HI>(which are to be drawn by the</HI> Steward) <HI>I &s;hall not trouble you with, being copiou&s;ly performed by</HI> Mr. Wilkin&s;on <HI>in his office of</HI> Sheriffs, <HI>fo.</HI> 218, 219, 220, &amp;c. <HI>onely take the&s;e &s;ub|&s;equent for methods &s;ake.</HI></P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The finding of the death of a Tenant, and of a Surrender made to the u&s;e of his Will, with an admi&s;&s;ion of the Tenant according to the Will.</HEAD>
<P>THe Homage do further pre&s;ent, that A. B. the elder Copyhold tenant of this Mannor, dyed after the la&s;t Court, and that he the &s;aid A. B. before his death, that is to &s;ay, the tenth day of May in the year, &amp;c, did &s;urrender into the hands of the Lord of this Mannor, by the hands of C. D. Copyhold Tenant of the &s;aid Mannor, all and &s;ingular his Co|pyhold lands, Tenements and Hereditaments hol|den of this Mannor, to the behoofe and u&s;e of his Te|&s;tament and la&s;t Will. And now at this Court came E. F. the elde&s;t &s;on of the &s;aid A. B. and doth bring here into the Court the Te&s;tament and la&s;t Will of the &s;aid A. B. bearing date, &amp;c. before G. H. Depu|ty Commi&s;&s;ary of I. A. in and through the whole Arch Deaconry of W. approved; the tenor of which &s;aid Will as to the Copyhold lands, doth follow in the&s;e words, that is to &s;ay, <HI>Item,</HI> I give unto E. my Son, &amp;c. as by the &s;aid Te&s;tament and la&s;t Will of the &s;aid A. B. more at large appeareth. And he doth crave of the grace of the Lord to be admitted to all and
<PB N="376" REF="210">
&s;ingular the afore&s;aid premi&s;es, that is to &s;ay to two peeces of land Copyhold, lying in the field called R. containing by e&s;timation eight acres, one peece of land, lying next the land called D. on the South part, and the lands, &amp;c. which &s;aid two peeces of land, the afore&s;aid 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 Thur&s;day the 18th. day of Augu&s;t in the year, &amp;c. more at large appeareth, to which &s;aid E. &s;ei&s;in is de|livered to him thereof, to him and his heires, under the Condition and in manner and form as in the &s;aid la&s;t Will is &s;pecified by the <HI>Rod,</HI> at the will of the Lord, by the &s;ervice and rent of 2. <HI>s.</HI> by the year, and &s;uite of Court, &s;aving the right, &amp;c. and he doth give the Lord for a Fine, &amp;c. and doth therefore Fealty, &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The finding of the death of a Tenant.</HEAD>
<P>ITem, they &s;ay upon their Oathes, that A. B. after the la&s;t Court, dyed &s;ei&s;ed of and in two Roods of land lying in a Pightel called R. holden of this Man|nor by Fealty, and the yearly rent of <HI>4d.</HI> by the year; and that E. F. is the Son and next heir of the &s;aid A. B. and of full age, who now doth therefore to the Lord Fealty.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Paines found and &s;et upon Tenants for want of &s;uite of Court.</HEAD>
<P>Item, they &s;ay upon their Oathes, that I. W. S. and I. I. &amp;c. Copyhold Tenants of this Mannor do owe &s;uite to this Court, and now at this day have made default, and therefore every one of them in mercy, &s;ix pence.</P>
<DIV4 TYPE="subsection">
<PB N="377" REF="210">
<HEAD>The like.</HEAD>
<P>ANd that A. B. and C. D. are Tenants of the Lord of the <HI>Mannor</HI> by demi&s;e, and do owe &s;uite to this Court now at this day, and have made default thereof, therefore either of them are in mercy, as over their heads 3. <HI>d.</HI></P>
</DIV4>
<DIV4 TYPE="subsection">
<HEAD>The like.</HEAD>
<P>ANd that E F. G. H. and I. K. are Free Tenants of this <HI>Mannor</HI> and owe &s;uit of Court, and now at this day have made default thereof, therefore each of them are in mercy, as over their heads 6. <HI>d.</HI></P>
</DIV4>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The pre&s;entment of a Surrender made out of Court into tenants hands with the admi&s;&s;ion of the tenant accordingly.</HEAD>
<P>ANd that L. M. the younger, out of the Court, af|ter the la&s;t Court did &s;urrender into the hands of the Lord of this Mannor, by the hands of N. O. Copyholder tenant of this Mannor, in the pre&s;ence of L. M. and P. R. likewi&s;e Copyhold tenants of this Mannor, all their Copyhold lands: and tenements holden of this Mannor with the appurtenances, to the behoof and u&s;e of S. T. the elder and his heires and a&s;&s;ignes: And now came the afore&s;aid S. T. the elder, and craveth of the grace of the Lord, to be ad|mitted tenant to all and &s;ingular the premi&s;&s;es; that is to &s;ay, to one parcel of pa&s;ture containing half an acre, be it more or le&s;s, with the apurtenances, late parcel of one Cu&s;tomary tenement, and eleven acres of land called C. tenement in C. afore&s;aid, which the &s;aid L. M. did lately take up to him and his heires, af|ter the &s;urrender thereof made by one S. T. at the Court general with the Leet here holden, on Munday
<PB N="378" REF="211">
next after, &amp;c. more plainly appeareth: And he is admitted Tenant thereunto, and &s;ei&s;in is thereof de|livered to him, to hold to him, his heires, and a&s;&s;ignes by the <HI>Rod,</HI> at the will of the Lord according to the cu&s;tome of Mannor, &amp;c. by the &s;ervices and cu&s;tomes, &amp;c. and the rent of &s;ix pence by three years, &s;aving the right, &amp;c. And doth give to the Lord a Fine, &amp;c. and hath done to him therefore Fealty, &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The finding a Surrender made into Tenants hands, to the u&s;e of a mans will.</HEAD>
<P>ANd that A. B. Copyhold Tenant of this Mannor, out of Court, after the la&s;t Court; that is to &s;ay, the 24th: day of May la&s;t pa&s;t, before the Title of this Court, did &s;urrender into the hands of the Lord of this Mannor, by the hand of C. D. Copyhold Te|nant of the &s;ame Mannor in the pre&s;ence of I. A. &amp; S. A. likewi&s;e Copyhold Tenants of the &s;aid Mannor, all his Copyhold lands and tenements holden of this Mannor, to the behoof and u&s;e of his Te&s;tament and la&s;t Will.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The finding of the death of a Tenant, and of the lands, and that the younge&s;t &s;on is next heir, according to the cu&s;tome, &amp;c. with his admi&s;&s;ion.</HEAD>
<P>ANd that W. D. Copyhold tenant of this Mannor dyed after the la&s;t Court; &s;olely &s;ei&s;ed of and in onetenement inclo&s;ed, called L. containing by e&s;tima|tion five acres lying in F. which the &s;aid 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 Bapti&s;t in the year, &amp;c. appeareth. And of and in five acres of Copyhold land with the
<PB N="379" REF="211">
appertenances, holden of the &s;ame Mannor called B. which &amp;c. And that W. D. his younger &s;on is next heir of the &s;aid W. according to the cu&s;tome of this Mannor; who now doth come, and craveth of the grace of the Lord to be admitted to the premi&s;es with the appurrenances, according to the cu&s;tome of the Mannor afore&s;aid, and he is admitted thereto Te|nant, to whom &s;ei&s;in is thereof delivered, by the <HI>Rod</HI> at the will of the Lord, according to the cu&s;tome of the &s;ame Mannor, by the &s;ervices and cu&s;tomes and rents for five acres, &amp;c. at 4. <HI>s.</HI> by the year, and for the other &s;aid five acres of land at the rent of 5. <HI>s.</HI> by the year, &amp;c. &s;aving the Right, &amp;c. And he doth give the Lord for a Fine, &amp;c. And doth Fealty to the Lord, &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The finding of a Sale made of Freehold lands, with a di&s;tre&s;s to the Bayliff to di&s;trian for want of taking it up.</HEAD>
<P>AL&s;o they &s;ay upon their oathes, that I. A. after the la&s;t Court did &s;ell to R. A. one tenement called T. with the Apurtenances, containing by e&s;timation two acres, holden free of this Mannor in Free Soccage by Fealty, and the yearly rent of <HI>3d.</HI> by the year, and &s;uit of Court, which &s;aid R. A. doth not come, &amp;c. There|fore it is commanded to the Bayliff that he di&s;train the afore&s;aid R. A. again&s;t the next Court to do Fe|alty, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The acknowledgment in the Court of a Legacy paid.</HEAD>
<P>ANd that I. B. in full Court, did acknowledge him|&s;elf to be &s;atisfied and fully paid by N. B. his Bro|ther of his Legacy of ten pounds to the &s;aid I. B. by the Te&s;tament and la&s;t Will of his Father bequeath|ed, according to the form and effect, and the true intent of the &s;aid Te&s;tament and la&s;t Will of his fa|ther.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="380" REF="212">
<HEAD>A pre&s;entment of a Surrender made out of Court with the admi&s;&s;ion of the tenant.</HEAD>
<P>THE Que&s;t of Office do pre&s;ent upon their oathes, that I. S. Copyhold Tenant of this <HI>Mannor</HI> out of Court, that is to &s;ay, the tenth day of May in the year, &amp;c. did &s;urrender into the hands of the Lord of this <HI>Mannor</HI> by the hands of S. N. Copyhold Te|nants of this <HI>Mannor,</HI> in the pre&s;ence of I. G. and G. F. likewi&s;e Copyhold. Tenants of the &s;aid <HI>Mannor</HI> all his Copyhold lands and tenements with the ap|purtenances holden of this <HI>Mannor</HI> to the behoof and u&s;e of R. K. and of his heires &amp; a&s;&s;ignes for ever, who now came here into Court &amp; craveth of the Grace of Lord to be admitted to all and &s;ingular the afore&s;aid premi&s;&s;es with the appurtenances; that is to &s;ay, to one <HI>Me&s;&s;uage</HI> decayed, with certain lands in C. con|taining by e&s;timation four acres, be it more or le&s;&s;e with the appurtenances, parcel of one Cottage and three acres of Land of the Tenement of H. with the appurtenances, in the &s;ame of <HI>Skipton,</HI> in the Tenement of <HI>Maydens</HI> late W. K. which the &s;ame I. S. lately took up to him, his heires, and a&s;&s;ignes at a Court, for the <HI>Mannor</HI> afor&s;aid holden, after the &s;urrender thereof made by I C. as at a Court, for the <HI>Mannor</HI> afore&s;aid holden on Thur&s;day the 17th. day of <HI>May</HI> in the year, &amp;c, more plainly appeareth: And he is admitted thereto Tenant, to whom &s;ei&s;in is thereof delivered, to hold to him, his heires and a&s;&s;ignes by the <HI>Rod</HI> at the will of the Lord, according to the cu&s;tome of the <HI>Mannor</HI> afore&s;aid, by the &s;er|vices, &amp;c. and Rent of 2 <HI>s,</HI> by the year, &s;aving the Right, &amp;c. And he doth give to the Lord for a Fine, &amp;c, and doth do to the Lord Fealty, &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="381" REF="212">
<HEAD>A Pre&s;entment made in Court of an agreement made between a &s;on and his mother touching her Dower, and the mothers relea&s;e of her Dower.</HEAD>
<P>AND afterwards in this Court came the &s;aid N. B: and E. B. widow, relict of the &s;aid R B. and do give here intelligence to the Court, that they are a|greed between them&s;elves of and for the Dower of the &s;aid E B. in the premi&s;es, according to the cu|&s;tome of the <HI>Mannor</HI> afore&s;aid, whereupon the &s;aid E B. pre&s;ent here in Court doth remi&s;e and relea&s;e into the hands of the Lord afore&s;aid, all her Dower and title of Dower, and demand, which to her doth belong according to the cu&s;tome of the <HI>Mannor</HI> of and in all and &s;ingular the <HI>Copyhold</HI> land and tene|ments holden of this <HI>Mannor,</HI> which late were the &s;aid R B. &s;ometimes her husband, to the behoof and u&s;e of N B. (in his full and peaceable po&s;&s;e&s;&s;ion thereof now being) and of his heires and a&s;&s;ignes for ever; &s;o, that is to &s;ay, that the &s;aid E B. from henceforth may not require, claim and challenge any Dower, of, in, or to the premi&s;es, or any parcel thereof, according to the cu&s;tome of the &s;aid <HI>Man|nor,</HI> but thereof, and of and from all action and demand of &s;uch Dower concerning the premi&s;es, &s;hall be for ever barred and excluded by this inrolment. And for this remi&s;e and relea&s;e, the &s;aid N B. doth give to the &s;aid E B. 210 l. of lawful money of <HI>Eng|land:</HI> And he gave to the Lord for a Fine, &amp;c. for the relea&s;e afore&s;aid, &amp;c.</P>
<P><NOTE PLACE="marg">A pain &s;et for an incroach|ment. </NOTE>The Que&s;t of Office do &s;ay upon their Oath, that T G. hath incroached with his ditch upon the Com|mon of H. G. towards the milking yard of his Me&s;|&s;uage; therefore he is in mercy as it is over his head.</P>
<P><NOTE PLACE="marg">A pain &s;et for the amending of the &s;ame, &amp;c. </NOTE>And it is commanded him to reform the &s;aid in|croachment on this &s;ide the Fea&s;t of <HI>St. Michael;</HI> the Archangel next coming; upon pain as over his head.</P>
<P><PB N="382" REF="213">
Al&s;o they &s;ay that S. A. hath forfeited his pain of <NOTE PLACE="marg">The finding of a pain forfeit|ed.</NOTE> 5 <HI>s.</HI> upon him impo&s;ed at the la&s;t Court, for that he after the la&s;t Court, and after notice to him to the contrary given by the Bayliff of this Mannor, hath &s;uffered his &s;wine to go out and pa&s;ture upon the Common pa&s;ture of H. again&s;t command thereof to him to the contrary given.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>A pre&s;entment for an offence done, and a charge to the Jury to enquire, and further day given for giving their verdict.</HEAD>
<P>WHereas W. S. and G. B. Lords of the Mannor of R. have lately cut down one Oak lately growing at the We&s;t end of a certain Pightel called B. Pightel of the <HI>Deme&s;ne</HI> of this <HI>Mannor,</HI> in the <HI>Copyhold</HI> 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 premi&s;es. The &s;ame homage do de&s;ire day for giving in their verdict until the next Court, for that they are not yet thereof advi&s;ed, <HI>&amp;c.</HI> And they have, <HI>&amp;c.</HI></P>
<P>I. A. <HI>Copyhold</HI> Tenant of this Mannor doth de&s;ire to be admitted to a Fine for re&s;pite of Suite of Court to be done, and he is admitted for 4. <HI>d.</HI></P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>A Fine de&s;ired for re&s;pite of &s;uite to be done.</HEAD>
<P>WHereas at the la&s;t 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 We&s;t end of a certain pightel called B. pightel of the <HI>Deme&s;nes</HI> of this Mannor in the Copyhold tenure of F. W. by W. S. and G. B. Lords of the Mannor of R. late be|fore that time cut down, and at the &s;aid Court day was further given until this Court; the Jurors of this Inqui&s;ition do now &s;ay upon their oathes that as well by the te&s;timony of R. A, one of the Tenants of this
<PB N="383" REF="213">
Mannor to this &s;pecialy &s;worn, as of the certain know|ledge <NOTE PLACE="marg">The verdict of homage touch|ing their former charge.</NOTE> of &s;ome of the homage now &s;worn, that the afore&s;aid F. W. and all tho&s;e who&s;e e&s;tate the &s;aid F. hath in the afore&s;aid Copyhold pightel from time to time by the &s;pace of &s;ixty years now la&s;t pa&s;t, have quietly and without contradiction cut, taken, car|ryed away, and enjoyed all the wood from time to time by the &s;pace of &s;ixty years, growing on the part of the way, and at the We&s;t end of the &s;aid pightel; and that the hedges of the &s;aid pightel afore&s;aid by all the &s;aid &s;pace were placed and did ad|joyn to the &s;aid Oak, and that the greater part of the thickne&s;s of the Oak did reach it &s;elf towards the &s;aid way; and further they &s;ay, that there never was any ditch where the Oak afore&s;aid did grow; And they further &s;ay of the te&s;timony of the &s;aid R. A. that the &s;aid R. A. in times pa&s;t, having in his occu|pation the pightel afore&s;aid from time to time by di|ver&s;e years did gather and had the Acrons of the Oak afore&s;aid without any contradiction. To the Court came I. W. and R. his Wife, and pre&s;ent here in Court in their proper per&s;on, and the &s;aid R. by the Steward of the &s;aid Court, being &s;olely and &s;ecretly <NOTE PLACE="marg">A Surrender and remi&s;e of lands made in Court before the Steward, and the exami|nation of the wife.</NOTE> examined and con&s;enting, did &s;urrender into the hands of the Lord of the &s;ame Mannor, and did re|mi&s;e, relea&s;e, and altogether for them their heires, and a&s;&s;ignes, quit claim to the behoof and u&s;e of S. N. and his heires, all their right, title, &s;tate, u&s;e, inte|re&s;t and demand what&s;oever, which they ever had, now have, or hereafter may have, or they or either of them may have, according to the cu&s;tome of the &s;ame Mannor of, in, or to &s;even Acres of land with one Me&s;&s;uage, parcel of the tenement called <HI>S.</HI> and of, in, and to two acres of Copy-hold land of the Tenement of W. &amp;c. which &s;aid premi&s;es the &s;aid 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 Wedne&s;day the 21. day of March in the year &amp;c. more at large appear|eth to the behoof and u&s;e of the afore&s;aid S. <HI>N</HI> and of his heirs, &s;o, that is to &s;ay, that neither the afore&s;aid I. W. and <HI>R.</HI> nor either of them, nor their heirs, nor
<PB N="384" REF="214">
the heirs of either of them, from henceforth may re|quire, claim, or challenge any e&s;tate, Right, title, Dower, and demand thereof to be had, from hence|forth &s;hall be altogether barred and excluded, and ei|ther of them is barred and excluded by this pre&s;ent &s;urrender, relea&s;e, and quit claim; and for this &s;ur|render, remi&s;e and relea&s;e, the &s;aid S. doth give a Fine to the Lord, &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>A Surrender of Copyhold in Court, with the admi&s;&s;ion of the tenant accordingly.</HEAD>
<P>TO this Court came A B. gent. <HI>Copyhold</HI> Tenant of this <HI>Mannor</HI> and pre&s;ent here in Court did &s;ur|render into the hands of the Lord of the &s;ame <HI>Man|nor</HI> two acres and a half of land lying in two pieces in C. be it more or le&s;s, whereof the fir&s;t peece doth lye between, &amp;c. and the other peece is accounted for half an acre, and lyeth, <HI>&amp;c.</HI> which &s;aid two acres and a half the &s;aid A. B. late in the Court did take up to him, his heires and a&s;&s;ignes, after &s;urrender made thereof by I W. as at the <HI>Court</HI> here holden on Friday the &s;ixteenth day of <HI>May</HI> in the year, <HI>&amp;c.</HI> more plainly appeareth, to the behoofe and u&s;e of I. W. and R. his wife, and the heires of the &s;aid I. W. which &s;aid I W. and R. pre&s;ent here in <HI>Court,</HI> do de|&s;ire of the grace of the Lord, to be admitted to the afore&s;aid two acres &amp; half of land; according to the form and effect of the Surrender afore&s;aid; and they are thereunto admitted tenants, to whom &s;ei&s;in there|of is delivered to hold to the &s;aid I. W and R. and to the heires of the &s;aid I W. of the Lord of the <HI>Man|nor</HI> afore&s;aid, by the <HI>Rod,</HI> of the will of the Lord, ac|cording to the cu&s;tome of the <HI>Monnor</HI> afore&s;aid, by the &s;ervices, <HI>&amp;c.</HI> and the rent of 2 <HI>s</HI> by the year, &s;aving the Right, &amp;c. and he doth give to the <HI>Lord</HI> a Fine; and the &s;aid I W. hath done Featly to the Lord, &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="385" REF="214">
<HEAD>A &s;urrender, and Lea&s;e made in Court, with the examination of the Wife.</HEAD>
<P>AND afterwards at this Court came the afore&s;aid <HI>I. S.</HI> and <HI>M.</HI> his Wife, and pre&s;ent here in Court, and the &s;aid <HI>M.</HI> being &s;olely and &s;ecretly examined by the Steward of the &s;ame Court, and con&s;enting, did &s;urrender, remi&s;e, and relea&s;e into the hands of the Lord of the Mannor afore&s;aid, all their right, &s;tate, title, po&s;&s;e&s;&s;ion, Dower, and demand of them the &s;aid <HI>I. S.</HI> and <HI>M.</HI> of, in, and to all and &s;ingular the premi&s;|&s;es afore&s;aid, with the appurtenances to the behoo&s;e and u&s;e of the &s;aid <HI>R. K.</HI> and his heires and a&s;&s;ignes for ever (in his full and peaceable po&s;&s;e&s;&s;ion of the premi&s;|&s;es now being) &s;o, that is to &s;ay, that neither the &s;aid <HI>I. S.</HI> and <HI>M.</HI> or either of them, from henceforth &s;hall require, claime, or challenge any right, title, Dower, or demand, of, in, or to the premi&s;&s;es, or any part or parcel thereof; but of, and from all action, right, ti|tle, Dower, or demand thereof to be had for ever, here|after &s;hall be barred and excluded by this inrollment. And the &s;aid <HI>I. S.</HI> for the &s;aid remi&s;e and relea&s;e, doth give to the Lord a fine, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>A Surrender of Lands made in Mortgage, upon condition for the payment of money, with the admi&s;&s;ion of the Mortgagee by her Attorney, and the Fealty re&s;pited.</HEAD>
<P>AND immidiatly after the &s;ame Court, the afore|&s;aid <HI>N. B.</HI> pre&s;ent here in Court, did &s;urrender into the hands of the Lord afore&s;aid, by the hands of his Steward of the &s;ame Mannor, one piece of Land containing (by e&s;timation) two acres of arable Land, lying between the Lands of the Mannor of <HI>R.</HI> late
<PB N="386" REF="215">
of <HI>N. B.</HI> of the We&s;t part, and the lands, &amp;c. together with the wayes and pathes to the &s;ame belonging and u&s;ed, which &s;aid piece of Land, <HI>R. B.</HI> the Father of the &s;aid <HI>F.</HI> who&s;e heire he is, late had to him, his heires and a&s;&s;ignes among&s;t other things, after the Surrender thereof made by <HI>W. B.</HI> and <HI>E.</HI> his Wife, as at a generall Court with a Leet there holden on <HI>Thur&s;|day</HI> next after, &amp;c. in the yeare, &amp;c. appeareth to the behoofe and u&s;e of <HI>F. D.</HI> one of the daughters of <HI>N. D.</HI> Gent. and of the heirs and a&s;&s;ignes of the &s;aid <HI>F.</HI> under this forme and condition, that if the &s;aid <HI>N. B.</HI> his heirs, executors, or admini&s;trators, or any of them &s;hall pay or cau&s;e to be payd to the &s;aid <HI>F. D.</HI> her heires, executors, admini&s;trators, or a&s;&s;ignes, at the man&s;ion hou&s;e of the &s;aid <HI>R. B.</HI> in <HI>H.</HI> in the County of <HI>York</HI> Gent. the &s;umme of twenty pounds of good, &amp;c. in, or upon the twenty eighth day of <HI>October</HI> next following, after the title of this Court, that then the &s;aid &s;urrender &s;hall be void and of none effect or ver|tue; and that then al&s;o it &s;hall be lawfull for the &s;aid <HI>N.</HI> B. his heires and a&s;&s;ignes to re-enter into the &s;aid piece of Land, and the &s;ame as in his former e&s;tate to have againe, repo&s;&s;e&s;&s;e, and re-enjoy; the &s;aid &s;ur|render, or any thing to the contrary notwith&s;tanding; and upon this the &s;aid <HI>F.</HI> by <HI>C. W.</HI> her Attorney, in this behalfe is admitted thereto tenant, and Sei&s;in is delivered to the &s;aid <HI>F.</HI> her heires and a&s;&s;ignes under the condition afore&s;aid, and in manner and forme afore&s;aid, by the Rod at the Will of the Lord, according to the cu&s;tome of the Mannor afore&s;aid, by the &s;ervices, &amp;c. &s;aving the right, &amp;c. And he doth give the Lord for a fine, &amp;c. and Fealty is re|&s;pited untill, &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="387" REF="215">
<HEAD>A Surrender of Lands made pre&s;ently in Court.</HEAD>
<P><NOTE PLACE="marg">A Surrender made by one to his mother of lands for her life, the rever|&s;ion to the Son againe and his heires. </NOTE>ANd afterwards &s;itting in the &s;ame Court, the afore&s;aid <HI>F. W.</HI> pre&s;ent in Court, did &s;urren|der into the hands of the Lord of the &s;ame Mannor, in the afore&s;aid Clo&s;e, containing by e&s;timation five acres called <HI>L.</HI> to the behoofe and u&s;e of <HI>C. W.</HI> his Brother, and to the heires and a&s;&s;ignes of the &s;aid <HI>C.</HI> to which &s;aid <HI>C.</HI> &s;ei&s;in thereof is delivered, to hold to him his heires and a&s;&s;ignes by the Rod, at the will of the Lord according to the Cu&s;tome of the &s;ame Man|nor, by the &s;ervices, &amp;c. &s;aving the right, &amp;c. And he doth give to the Lord for a fine, &amp;c. And doth therefore Fealty to the Lord; and the &s;ame <HI>F. W.</HI> pre&s;ent here in Court doth &s;urrender into the hands of the Lord, by the hands of the Steward of the &s;ame Mannor, the afore&s;aid &s;even acres of Land in one Clo&s;e, now in two parts divided with hedge and dike, to the behoofe and u&s;e of <HI>I. VV.</HI> Widdow, his Mother, and of her a&s;&s;ignes in form afore&s;aid, for terme of the natural life of her the &s;aid <HI>I. VV.</HI> to whom &s;eizin there|of is delivered to the &s;aid <HI>I. VV.</HI> and her a&s;&s;ignes in forme afore&s;aid, the rever&s;ion thereof to the &s;aid <HI>F. VV.</HI> and of his heires and a&s;&s;ignes by the rod, &amp;c. at the will of the Lord, &amp;c. according to the cu&s;tome of the Mannor afore&s;aid, &s;aving right, &amp;c. And he doth give to the Lord for a fine, &amp;c. And doth there|fore fealty to the Lord, &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="388" REF="216">
<HEAD>A Relea&s;e of Land made in Court.</HEAD>
<P>AT this Court came <HI>S. B.</HI> and pre&s;ent in Court, did &s;urrender, remi&s;e, and relea&s;e, into the hands of the Lord according to the Cu&s;tome of this Mannor, all his right, title, &s;tate, po&s;&s;e&s;&s;ion, intere&s;t, and demand of, and in all tho&s;e parcels of the land, parcel of the Orchard of the &s;aid <HI>N.</HI> called the old, or further Orchard, next adjoyning to the <HI>Pightel</HI> or Clo&s;e of Pa&s;ture of him the &s;aid <HI>S.</HI> called the <HI>Bean-clo&s;e,</HI> as it is now divided from the &s;aid <HI>Pightel</HI> or Clo&s;e, with the door-&s;takes put upon the Front of the Dike of the &s;aid old Orchard to the be|hoofe and u&s;e of <HI>N. B.</HI> his Brother (in full and peacea|ble po&s;&s;e&s;&s;ion thereof now being) and to his heirs and a&s;&s;ignes for ever; &s;o, that is to &s;ay, that neither the &s;aid <HI>S.</HI> nor his heires from henceforth may challenge, crave, or demand, any right, title, &s;tate, claime, or de|mand of or in the &s;aid piece of land. But from all action, right, title, &s;tate, u&s;e, intere&s;t, and demand thereof to be had, from henceforth &s;hall be utterly barred and excluded, and every of them &s;hall be for ever barred and excluded by this pre&s;ent inrollment. And the &s;aid <HI>N.</HI> for the &s;aid remi&s;e and relea&s;e doth give to the Lord a fine, &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>A Lea&s;e made by the Lord of parcell of his Lands.</HEAD>
<P>AT this Court the Lord here in full Court did de|mi&s;e to farme to <HI>I. A.</HI> one Garden containing halfe a Rod, lying, &amp;c. and halfe an acre of land in <HI>F.</HI> of the Deme&s;nes of the Mannor, to hold to him, his Executors and a&s;&s;ignes for the terme of
<PB N="389" REF="216">
five yeares next following after the title of this Court, paying therefore yearly for every yeare during the &s;aid terme one penny at the Fea&s;t, &amp;c. And he doth give to the Lord for a fine, &amp;c. And doth therefore Fealty to the Lord, &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The Admi&s;&s;ion of the yonger Son to Lands according to the cu&s;tome.</HEAD>
<P>AT this Court came <HI>F. W.</HI> the yonger Son, and next heire of <HI>I. W.</HI> decea&s;ed; 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 e&s;timation three acres of land, of which &s;aid parcel of late there is made a dike, which &s;aid parcel of land <HI>I. W.</HI> the Grandfather of the &s;aid <HI>F. W.</HI> lately had to him, his heires and a&s;&s;ignes of the &s;urrender of <HI>L. A.</HI> as at a Court for the Mannor afore&s;aid holden the 24. day of <HI>May</HI> in the yeare, <HI>&amp;c.</HI> appeareth, as to his right and inheritance, for that the &s;aid <HI>I. VV.</HI> died thereof &s;eized, and the &s;ame parcel of land by and after the death of the &s;aid <HI>I. VV.</HI> according to the cu&s;tome of the <HI>Mannor</HI> afore&s;aid, did de&s;cend to the &s;aid <HI>F. VV.</HI> the Father of the &s;aid <HI>F. VV.</HI> and from the &s;aid <HI>F. VV.</HI> the right of the &s;aid parcel did de&s;cend to the &s;aid <HI>F. VV.</HI> the yonger; and he is thereunto admitted tenant to whom &s;ei&s;in is thereof delivered to hold to him, his heirs and a&s;&s;ignes, by the rod, at the will of the Lord, according to the cu&s;tome of the Mannor afore&s;aid by rent of two pence, &amp;c. and the &s;ervices, &amp;c. &s;aving right &amp;c. And he doth give to the Lord for a fine, &amp;c. And doth therefore fealty to the Lord, &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<PB N="390" REF="217">
<HEAD>A Licen&s;e by a Lord of a Mannor to a Copy-holder to pull downe hou&s;es &s;tanding on Copyhold lands.</HEAD>
<P>TO all and &s;ingular Survayors, Bayliffs, and other Officers what&s;oever within my Mannor of <HI>Skipton,</HI> in the County of <HI>Y.</HI> I, <HI>E L.</HI> of B. &s;end greeting: Whereas I am informed, that <HI>H. G.</HI> hath lately pur|cha&s;ed of <HI>T. C.</HI> certaine old hou&s;es within my &s;aid Mannor being Copihold, and that the &s;aid <HI>T. C.</HI> hath &s;urrendred the &s;ame hou&s;es, to the u&s;e of the &s;aid <HI>H. G.</HI> and his Heires, according to the cu&s;tome of the &s;aid Mannor: Now my will and plea&s;ure is, and I do by the&s;e pre&s;ents give and grant unto the &s;aid <HI>H. G.</HI> his heirs and a&s;&s;ignes, full licen&s;e and ab&s;olute liberty, power and authority to pull downe, and to take and carry away the &s;aid hou&s;es, and every of them, or any part of them to and for the u&s;e of the &s;aid <HI>H G.</HI> and his heires and a&s;&s;ignes from time to time as to him or them or any of them &s;hall &s;eeme meet; Any cu&s;tome or u&s;age what&s;oever within the &s;aid Mannor (if any &s;uch be, or heretofore hath beene had or u&s;ed) to the contrary thereof in any wi&s;e notwith&s;tanding: And I will and command you and every of you, that the &s;aid <HI>H. G.</HI> and his a&s;&s;ignes may quietly have and enjoy the full and whole benefit of my &s;aid grant and licen&s;e without any deniall, let, or impediment of you or any of you. In witne&s;&s;e whereof, &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>A Letter of Attorney to &s;urrender a Copyhold.</HEAD>
<P>BE it knowne unto all men by the&s;e pre&s;ents, that I <HI>A. B.</HI> one of the cu&s;tomary or Copyhold tenants of the Mannor of <HI>H.</HI> in the County of <HI>M.</HI> have made,
<PB N="991" REF="217">
ordained, con&s;tituted, and appointed; and by the&s;e pre&s;ents, do make, ordaine, con&s;titute, and appoint, my tru&s;ty and well beloved friends <HI>C. D.</HI> and <HI>F. F.</HI> two cu&s;tomary or Copyhold Tenants of the Mannor afore|&s;aid, my lawfull Attorneys and Attorney joyntly and &s;everally for me, and in my name joyntly and &s;eve|rally by lawfull wayes and means, to &s;urrender into the hands of the Lord or Lords, Lady or Ladies, Farmers, owners, or proprietors of the &s;aid Mannor of <HI>H.</HI> afore&s;aid, all that cu&s;tomary or Copyhold Me&s;&s;uage or Tenement, with the appurtenances &s;ci|tuate, lying, and being in <HI>H.</HI> afore&s;aid, parcel of the cu&s;tomary lands of the &s;aid Mannor: And all my e&s;tate, right, title, intere&s;t, claim, po&s;&s;e&s;&s;ion, and de|mand, of, in, to, and out of every part and parcel thereof, to the u&s;e and behoofe of <HI>T. VV.</HI> his heires and a&s;&s;ignes for ever; and I the &s;aid <HI>A. B.</HI> do hereby give and grant unto them the &s;aid <HI>C. D.</HI> and <HI>E. F.</HI> joyntly and &s;everally, and to either of them full power and authority to do, execute, and performe any other lawfull act and acts what&s;oever, needfull or nece&s;&s;a|ry to be done in, for, or about the better effecting of the premi&s;&s;es, as fully and amply to all intents and purpo&s;es as I my &s;elfe might do in per&s;on or otherwi&s;e, and what&s;oever my &s;aid Attorneyes, or either of them, &s;hall joyntly or &s;everally do in the premi&s;&s;es, according to the true intent and meaning of the&s;e pre&s;ents; I do hereby allow of, ratifie, and confirme. In wit|ne&s;&s;e, &amp;c.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>The Grant of a Steward&s;hip.</HEAD>
<P>TO all to whom the&s;e pre&s;ents &s;hall come <HI>A. B.</HI> Knight, &s;endeth greeting Know ye, that I the &s;aid <HI>A. B.</HI> for divers good cau&s;es and con&s;iderations me thereunto moving, have, for me, my heires and a&s;&s;ignes, given and granted, and by the&s;e pre&s;ents do give and grant unto <HI>John Pre&s;ton</HI> of B. Gent. the Of|fice of chiefe Steward, and the place and execution of
<PB N="392" REF="218">
the Steward&s;hip of my Mannor of <HI>Skipton</HI> in <HI>Craven</HI> in the County of <HI>York.</HI> And the holding and keeping of all Courts, Court-Leets, viewes of Frank-pledge, and of all other Courts of what kinde &s;oever the &s;ame be, to the &s;aid Mannor belonging or in any wi&s;e ap|pertaining: To have, hold, execute, and enjoy the afore&s;aid Office of chiefe Steward, and the place and execution of chiefe Steward&s;hip, and the holding and keeping of all manner of Courts u&s;ually held and kept within the &s;ame; together with all manner of fees, wages, rewards, profits, advantages, and emoluments, to the &s;aid office of chiefe Steward or Steward&s;hip of the &s;aid Mannor or Lord&s;hip belonging or appertain|ing, or at any time heretofore accu&s;tomed and u&s;ed to be paid, rendered to, or received, by the chiefe Steward or Stewards there for the time being, for, or by rea&s;on of the &s;aid office of chiefe Steward or Stewards there for the time being, from henceforth, for and during the naturall life of him the &s;aid <HI>Iohn Pre&s;ton,</HI> In witne&s;&s;e, &amp;c.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<PB N="393" REF="218">
<HEAD>THE COURT OF Pypowders.</HEAD>
<DIV3 TYPE="section">
<HEAD>The definition of it, what it is, and why it was in&s;tituted, together with its juri&s;diction.</HEAD>
<P>THis word <HI>Pypowder,</HI> hath its definition from the <NOTE PLACE="marg">The definition of <HI>Pypowder.</HI></NOTE> French words <HI>pied,</HI> i. <HI>pes,</HI> and <HI>puldreux,</HI> i. <HI>pulve|rulentus,</HI> or as <HI>Skene de verb. &s;ignificat. Pede pul|vero&s;us,</HI> du&s;ty feet, a Vagabond, Pedder, or Scotch Merchant, who hath no certaine dwelling place, and by whom Fares are u&s;ually kept, to whom ju&s;tice &s;hould be &s;ummarily mini&s;tred within three flowings and ebbings of the Sea; or as &s;ome define it to be <HI>curia parvi ponderis,</HI> and this is to be <HI>pedis-pul|verizati,</HI> and &s;o the Lord chiefe Ju&s;tice <HI>Ander&s;on</HI> did u&s;e to define it, for the &s;peed and celerity there u&s;ed, in the pre&s;ent di&s;patch of bu&s;ine&s;&s;e.</P>
<P><NOTE PLACE="marg">8 H. 7. fol. 4. b. </NOTE>This Court of <HI>Pypowders</HI> is a Court of Record, in&s;tituted and &s;et up for the &s;peedy and &s;udden di&s;|patch of matters and differences ari&s;ing in a <HI>Fare</HI> or <HI>Market,</HI> and for the &s;peedy doing of Ju&s;tice, and this in ca&s;e of nece&s;&s;ity, for the &s;ole benefit of Trade&s;|men and Merchants, and for the pre&s;ent determina|tion
<PB N="394" REF="219">
of all doubts and que&s;tions there then ari&s;ing, and that only upon &s;ales 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 ari&s;ing <HI>in pleno Mercato,</HI> or <HI>in plenaferia, 8 H. 7. fol. 4. b.</HI></P>
<P>This Court is of two kindes, <HI>viz.</HI></P>
<LIST>
<ITEM>1. Either by pre&s;cription, and this is an ab&s;olute juri&s;diction.</ITEM>
<ITEM>2. To be in a Fare and Market, and to this a Court of <HI>Pypowders</HI> is incident.</ITEM>
</LIST>
<P>And here two things are requi&s;ite, <HI>viz.</HI></P>
<LIST>
<ITEM>1. This Court to be for matters ari&s;ing in the Fare or Market.</ITEM>
<ITEM>2. The matters to be determined there, within, <NOTE PLACE="marg">St. 17. E. 4. c. 2. &amp; 1. R. 3. c. 6.</NOTE> and during the continuance of the Fare and Mar|ket; and this appeares to be &s;o by the Statutes of 17 <HI>E. 4. cap.</HI> 2. and 1 <HI>R. 3. cap.</HI> 6. and this is in a Court of <HI>Pypowders</HI> annexed unto a Fare or Market: But in a Court of <HI>Pypowders</HI> which one hath by Pre&s;cription, there they may heare <NOTE PLACE="marg">Bol&s;trod. 2. part. fol. 21. Cro. 1. part, fol. 33.</NOTE> and determine matters done before, <HI>Bol&s;trod 2. part. fol.</HI> 21. Good&s;on <HI>again&s;t</HI> Duffill, <HI>Cro, fir&s;t part, fol.</HI> 33.</ITEM>
</LIST>
<P><NOTE PLACE="marg">Pre&s;cription. </NOTE>For in ca&s;e of a Pre&s;cription &s;uch a Court may well be without a Fare, from time to time, and from day to day, 13 <HI>E. 4. fol. 8. b.</HI> it was &s;o adjudged in point <NOTE PLACE="marg">13 E. 4. fo. 8. b.</NOTE> of a Writ of <HI>Error,</HI> where the error a&s;&s;igned to rever&s;e a judgment given <HI>in curia pedis pulverizali,</HI> there al|ledged to be held, <HI>&s;ecundum con&s;uetudinem eju&s;dem civitatis,</HI> the Error in&s;i&s;ted upon was, becau&s;e he &s;hewed not, that the matter upon which the action was brought was <HI>in pleno Mercato,</HI> or <HI>in plena feria,</HI> it is there expre&s;ly adjudged, that this was no <HI>Error,</HI> be|cau&s;e the &s;ame was layd to be held <HI>&s;ecundum con&s;uetudi|nem civitatis;</HI> &s;o that &s;uch a Court may be held with|out a <HI>Fare</HI> or <HI>Market,</HI> and that the King may well
<PB N="395" REF="219">
grant &s;uch a Court to be held from day to day, and &s;uch a Court may well be held by Cu&s;tome without any Fare or Market, and its proper denomination is from the &s;peedy di&s;patch of bu&s;ine&s;&s;e there; &s;o that the juri&s;diction of this Court held by pre&s;cription, may be extended unto all contracts and bonds, to actions of tre&s;pa&s;&s;e, and actions upon the Ca&s;e, and to this purpo&s;e was the ca&s;e, betweene <HI>Chambers</HI> Plaintiffe again&s;t <HI>Pert</HI> Defendant, <HI>Hill. 33. Eliz. Rot.</HI> 124. where <NOTE PLACE="marg">Hil. 33 Eliz. Rot. 124.</NOTE> an action of tre&s;pa&s;&s;e for an a&s;&s;ault and battery was brought in a Court of <HI>Pypowders,</HI> for an a&s;&s;ault done long before, and well maintainable as it was held.</P>
<P>But this Court held by pre&s;cription doth much differ from the ordinary Court of <HI>Pypowders,</HI> and that by many circum&s;tances: This Court may be thus u&s;ed and held, <HI>viz.</HI></P>
<LIST>
<ITEM>1. Either by way of Grant.</ITEM>
<ITEM>2. By way of confirmation. <NOTE PLACE="marg">Pypowders by way of grant &amp; confirmation.</NOTE></ITEM>
</LIST>
<P><NOTE PLACE="marg">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. ac|count in Execu|tion pl. 3. </NOTE>And being thus held, it differs from the ordinary Court of <HI>Pypowders,</HI> which is incident to every Fare, as appeareth by 12 <HI>H. 7. fol. 16. b.</HI> and 13 <HI>H 7. fol.</HI> 19. And the &s;ame Court is thus incident to a Fare, and that of common right, as it appears, 13 <HI>E. 4. fol. 8. b. Old book of Entr. fol. 168. Fit. dette en Gailor. placito, 1 f. 18. Fit. account in Execution placito</HI> 3. If one will de|clare upon a matter in this Court in <HI>Fare,</HI> there in &s;uch a ca&s;e of nece&s;&s;ity he ought to &s;et forth in plead|ing, that the &s;ame was done <HI>in pleno ferio,</HI> or <HI>in plena Mercata,</HI> otherwi&s;e not good. But it is not &s;o in ca&s;e where a man hath, and holdeth this Court by pre|&s;cription, in which Court they may heare and deter|mine actions upon the ca&s;e for words, but not &s;o in an ordinary Court held during the time of the Fare: And by 6 <HI>E. 4. fol. 3. b.</HI> If a man in his Fare hath <NOTE PLACE="marg">6 E. 4. fol. 3. b. The Steward is Judge.</NOTE> 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 <HI>Faux judgment</HI> lieth not, but a Writ of <HI>Error,</HI> and with this agrees 7 <HI>E. 4 fol.</HI> 23. <NOTE PLACE="marg">7 E. 4. fol. 23.</NOTE> And where one claims to hold this Court by pre&s;crip|tion,
<PB N="396" REF="220">
and al&s;o by Charter; if the Charter be not con|trary to the pre&s;cription, this &s;hall be good by way of confirmation.</P>
<P>As a Court-Baron is incident to a Mannor, &s;o a <NOTE PLACE="marg">This Court is incident to a Fare or Market, and by a grant of them it pa&s;|&s;eth, 19 H. 8. <HI>Brookes</HI> ca&s;e, fol. 2. pl. 7. &amp; <HI>Brook</HI> tit. inci|dents, pl. 34. 2, 3 <HI>Phil.</HI> and <HI>Mar. Dyer.</HI> fol. 133. pl. 80. Co. 10. fol. 73.</NOTE> Court of <HI>Pypowders</HI> is incident to a Fare, and by the <HI>Grant</HI> of the <HI>Fare</HI> this doth pa&s;&s;e, and with this accords, 19 <HI>H. 8. Brooks ca&s;e, fol. 2. placito,</HI> 7. and <HI>Brook, tit. inci|dents placito</HI> 34. and not to be fevered from them, nei|ther by grant nor by re&s;ervation, 2 &amp; 3 <HI>Phil. and Mar. Dyer fol. 133 pla.</HI> 80. the Plaintiffe in a Court of <HI>Py|powder</HI> doth count of a contract made in the la&s;t Fare before, where no plaint was then begun, nor any judgment of Amerciament of the Defendant then gi|ven, and this was held a good <HI>Error</HI> in both by all the Ju&s;tices of both Benches, <HI>Mich.</HI> 42. and 43 <HI>Eliz. B. R. Co. 10 fo.</HI> 73. in the ca&s;e of the <HI>Mar&s;hal&s;ea,</HI> where <HI>Hall</HI> braught a Writ of <HI>Error</HI> again&s;t <HI>Jones,</HI> to rever&s;e a Judgment given again&s;t him in the Court of <HI>Pypow|ders</HI> of the Market in the City of <HI>Gloce&s;ter,</HI> for that that <HI>Hall</HI> had publi&s;hed &s;landerous words of him, <HI>(viz.)</HI> Mr. <HI>Jones and his Clerk have by colour of his office, extor|ted and gotten 300 l.</HI> per annum <HI>by unlawfull meanes, for many years together, above their ordinary fees, for proving of Te&s;taments and granting of Admini&s;trations,</HI> the which judgement was rever&s;ed for two <HI>Errors, viz.</HI>
<Q><P N="1">1. Becau&s;e words did not concern any matter touch|ing the <HI>Market,</HI> and therefore the Court had no juri&s;diction of it; but if one &s;lander any with Trades, and Merchandizeth in the <HI>Market,</HI> in any thing which concernes his Trade, there an action for this well lieth.</P>
<P N="2">2. It appeares in the Count, that the words were &s;poken before the <HI>Market,</HI> and not during the time of the <HI>Market:</HI> for as this Court hath no juri&s;diction, but in matters concerning the <HI>Market,</HI> &s;o the &s;ame Court hath no juri&s;diction, for matters concerning the <HI>Market,</HI> unle&s;&s;e they were acted and done during the time of the <HI>Mar|ket.</HI> Bracton, <HI>lib. 5. fo. 335. a. De brevi de recto.</HI> 1. <NOTE PLACE="marg"><HI>Bracton,</HI> lib. 5. fol. 335. De bre|vi de recto 1.</NOTE> <HI>de diver&s;itate, &amp; divi&s;ione &s;ummonitionis,</HI> It is there &s;aid, <HI>per quindecim dies, ante diem quo comparere
<PB N="397" REF="220">
debeat &s;ummonitio,</HI> ought to be, <HI>Et talis &s;ummo|nitio, dici debeat legitima. Si minus &s;patium con|tineat, po&s;sit illigitimam judicari; ni&s;i ob cau&s;am legitimam, minus tempus &s;tatuatur, ut propter per|&s;onas, qui celerem habere debeant ju&s;titiam, &s;icut &s;unt Mercatores, quibus exhibetur ju&s;titia, Pe|poudrous,</HI> by the Statute of 17 E. 4. <HI>capi|te</HI> <NOTE PLACE="marg">17 E. 4. cap. 2.</NOTE> 2.</P></Q></P>
<P><NOTE PLACE="marg">No plea &s;hall be holden in this Court, unle&s;&s;e the Plaintiffe or his Attorney do &s;weare that the contract was made during the time of the Faire. Stat. 1. R. 3. cap. 6. </NOTE>And in this Court no Steward, or other Mini&s;ter, &s;hall hold plea upon any action, at the &s;uit of any per&s;on unle&s;&s;e the Plaintiffe or his Attorney, in pre|&s;ence of the Defendant, do &s;weare that the contract in the Declaration, &amp;c. was had and made, during the time of the Fare, and within the juri&s;diction of the Fare (but this oath &s;o taken) &s;hall not conclude the Defendant for pleading in abatement of the action, and to the juri&s;diction of the Court, this by the Statute of 1 <HI>R. 3. cap.</HI> 6. is made perpetual in this prin|cipal ca&s;e here, the Defendant in the Court at <HI>Ro|che&s;ter,</HI> was condemned in an action of debt for 300 l. upon a Bond and Contract formerly made, and en|tered into, and for this cau&s;e the judgment was er|roneous.</P>
<TAILNOTE>
<P><NOTE PLACE="marg">Note.</NOTE>Note that in this Court the <HI>Steward</HI> is Judge, be|cau&s;e there are no Suitors there, neither can the Steward delegate a Deputy, 6 <HI>E. 4. fol. 3. 7 E. 4. fol.</HI> 23.</P>
</TAILNOTE>
</DIV3>
</DIV2>
</DIV1>
</BODY>
<BACK>
<DIV1 TYPE="indexes">
<PB REF="221">
<PB REF="221" MS="y">
<HEAD>A TABLE OF THE PRINCIPALL MATTERS contained in the BOOKE.</HEAD>
<DIV2 N="general" TYPE="index">
<LIST>
<HEAD>A</HEAD>
<ITEM><HI>A Merciament,</HI> in the County Court, 6</ITEM>
<ITEM>How they are forfeited in Court-Leet, and what &s;hall be cau&s;es to amerce, &amp;c. 313</ITEM>
<ITEM>Of Amerciament, 314</ITEM>
<ITEM><HI>Attorneys,</HI> in the County Court, 10
<LIST>
<ITEM>how qualified, 11</ITEM>
</LIST></ITEM>
<ITEM><HI>Actions,</HI> within what time they mu&s;t be brought, 12</ITEM>
<ITEM>Who may bring Actions, and who not, 13</ITEM>
<ITEM><PB REF="222">
<HI>Appearance,</HI> what it is, 14</ITEM>
<ITEM><HI>An&s;wer,</HI> what, 17</ITEM>
<ITEM><HI>Accompts</HI> of the Sheriff, with a particular of &s;ome u&s;ual charges or fees paid by him at the rendring of them up 224, 225</ITEM>
<ITEM><HI>Appeals,</HI> 295</ITEM>
<ITEM>The Sheriff &s;hal have Counter-rolls of Appeals &amp;c. 297</ITEM>
<ITEM><HI>Acce&s;&s;aries,</HI> who, 326</ITEM>
<ITEM><HI>Alehou&s;e</HI> keepers, 332</ITEM>
<ITEM><HI>A&s;&s;ize</HI> of bread, 333</ITEM>
</LIST>
<LIST>
<HEAD>B</HEAD>
<ITEM><HI>BAyliffs,</HI> in the County Court, 11
<LIST>
<ITEM>how qualified <HI>ibid.</HI></ITEM>
</LIST></ITEM>
<ITEM>Burglary, what, 324</ITEM>
<ITEM><HI>Bond,</HI> taken by the Sheriffe upon a <HI>Fieri facias</HI> for the payment of money in Court, not with|in the Stat. of 9 <HI>E.</HI> 4. 50. 185</ITEM>
<ITEM><HI>Burning</HI> of hou&s;es or Barns, 326</ITEM>
<ITEM><HI>Bail,</HI> what it is, 212</ITEM>
<ITEM>Any per&s;on making a warrant, &amp;c. without original proce&s;&s;e, upon examination, &amp;c. &s;hall be committed without bail, 214</ITEM>
<ITEM>Such as are in Execution, &amp;c. not to be bailed, <HI>ibid.</HI></ITEM>
<ITEM>None to be bailed that are prohibited by the Statute of <HI>We&s;t. 1. cap.</HI> 15. he cannot bail a|ny &s;u&s;pect of felony as formerly, <HI>ibid.</HI></ITEM>
<ITEM>The Sheriff cannot refu&s;e to baile one bailable, upon tender of &s;ufficient &s;ureties, <HI>ibid.</HI></ITEM>
<ITEM>Traytors or Felons not bailable, 215</ITEM>
<ITEM>In the &V;pper Bench the baile not chargeable,
<PB REF="222">
till default a&s;&s;igned in the principal, &amp;c. <HI>ibid.</HI></ITEM>
<ITEM>The new rules concerning speciall bail, <HI>ibid.</HI> and 216</ITEM>
<ITEM>Bridges decayes, 328</ITEM>
<ITEM>Boundaries, 330</ITEM>
<ITEM>Blood&s;hed, 331</ITEM>
<ITEM>Barretors, <HI>ibid.</HI></ITEM>
<ITEM>Brewers, 333</ITEM>
<ITEM>Butchers, 334</ITEM>
<ITEM>Breaking of Pownds, 338</ITEM>
<ITEM>Beadel, why &s;o called, 347</ITEM>
<ITEM>Ba&s;tard may not inherit, 351</ITEM>
</LIST>
<LIST>
<HEAD>C</HEAD>
<ITEM><HI>COunty Court,</HI> when in&s;tituted, 3</ITEM>
<ITEM>Now the Sheriffs Court, <HI>ibid.</HI></ITEM>
<ITEM>By whom fir&s;t exerci&s;ed, <HI>ibid.</HI></ITEM>
<ITEM>What action may be brought in it, 4, 5, 6, 12</ITEM>
<ITEM>The time when it is to be holden, 5</ITEM>
<ITEM>Where it is to be kept, 6</ITEM>
<ITEM>What actions will not lie in it, <HI>ibid.</HI></ITEM>
<ITEM>Proceedings in it, 14</ITEM>
<ITEM>The manner of keeping the Court, 23, 24, 25</ITEM>
<ITEM>Proce&s;&s;e of the Court 
<LIST>
<ITEM>Original, 37</ITEM>
<ITEM>Judicial, 43</ITEM>
</LIST></ITEM>
<ITEM><HI>County Clerk,</HI> how to be qualified, 7</ITEM>
<ITEM>He cannot practi&s;e as an Attorney, 8</ITEM>
<ITEM>Can act nothing without the Suitors, 9</ITEM>
<ITEM>His care in deputing Bailiffs, 9</ITEM>
<ITEM>How he mu&s;t enter plaints, <HI>ibid.</HI></ITEM>
<ITEM>How he is puni&s;hable, <HI>ibid.</HI></ITEM>
<ITEM><PB REF="223">
<HI>Count,</HI> what it is, 16</ITEM>
<ITEM><HI>Continuance,</HI> what, 17</ITEM>
<ITEM>Challenge of Jurors, What are good cau&s;es, 21</ITEM>
<ITEM><HI>Capias ad &s;atisfac:</HI> where it lies, 71, 174</ITEM>
<ITEM><HI>Cap.</HI> lies not after an <HI>Elegit,</HI> and Why, 179</ITEM>
<ITEM>Note where it lies after an <HI>Elegit,</HI> 178</ITEM>
<ITEM>What it is, 179</ITEM>
<ITEM>One taken upon it mu&s;t be kept <HI>in &s;alva &amp; arcta cu&s;todia, ibid.</HI></ITEM>
<ITEM>This Writ lies where a <HI>Capias</HI> lies in the origi|nall, <HI>ibid.</HI></ITEM>
<ITEM>Nothing but the body can be taken by this Writ, 180</ITEM>
<ITEM>A man in the cu&s;tody of the Sheriffe, and a &s;e|cond writ is delivered to him, he &s;hall be in his cu&s;tody upon it, although not actually arre&s;ted, <HI>ibid.</HI></ITEM>
<ITEM>Two bound in an obligation, joyntly and &s;eve|rally, both may be &s;ued and taken in Execu|tion, <HI>ibid.</HI></ITEM>
<ITEM>This Writ lies not for damages in a Writ of Dower, <HI>ibid.</HI></ITEM>
<ITEM>No return is required upon it, <HI>ibid.</HI></ITEM>
<ITEM><HI>Capias pro Fine,</HI> what it is, 181</ITEM>
<ITEM>An <HI>Elegit</HI> &s;ued after one is taken for the Pro|tectors fine, he &s;hall go at large, <HI>ibid.</HI></ITEM>
<ITEM>No one taken upon it in tre&s;pa&s;&s;e, &amp;c. <HI>ibid.</HI></ITEM>
<ITEM><HI>Capias ut legatum,</HI> what it is and where it lies, 181, 182</ITEM>
<ITEM><HI>Capias ut legat. &amp; inquiras de bonis &amp; catal|lis,</HI> What it is, 182</ITEM>
<ITEM><HI>Capias ad valentiam,</HI> what it is, and Where it lies, <HI>ibid.</HI></ITEM>
<ITEM><HI>Coroners</HI> office, how derived, 279</ITEM>
<ITEM><PB REF="223">
When fir&s;t e&s;tabli&s;hed, <HI>ibid.</HI></ITEM>
<ITEM>His office is duplicate, <HI>viz.</HI> general, and &s;pecial, 280, and 281</ITEM>
<ITEM>What per&s;on ought to be a Coroner, and how qualified, 281, 282, 283</ITEM>
<ITEM>Of the number of Coroners in each County, 284</ITEM>
<ITEM>Of the power and juri&s;diction of Coroners, <HI>ibid.</HI></ITEM>
<ITEM>What per&s;ons are to be of the Coroners Inque&s;t, and how qualified, 286, 287</ITEM>
<ITEM>The Method of keeping the Coroners Court, 287, 288, 289, 290, 291, 292, 293</ITEM>
<ITEM>His Mini&s;terial power, 294</ITEM>
<ITEM>His Fees <HI>ibid.</HI></ITEM>
<ITEM><HI>Cu&s;tome,</HI> to pull downe hou&s;es and cut downe trees, not good, 368</ITEM>
<ITEM><HI>Con&s;tables,</HI> 327</ITEM>
<ITEM><HI>Cro&s;&s;ebows,</HI> 337</ITEM>
<ITEM><HI>Copiholder</HI> may not let longer then a year and a day, 355</ITEM>
<ITEM><HI>Copihold</HI> granted by a di&s;&s;ei&s;or may be avoided by the di&s;&s;ei&s;ee, 357</ITEM>
<ITEM>But admittance upon &s;urrenders, good, <HI>ibid.</HI></ITEM>
<ITEM>None can pa&s;&s;e a larger e&s;tate then he hath, <HI>ibid.</HI></ITEM>
<ITEM><HI>Copiholder,</HI> What per&s;on is &s;ufficient to be a Copiholder, 358</ITEM>
<ITEM>What intere&s;t he hath in his e&s;tate, <HI>ibid.</HI> 359</ITEM>
<ITEM>Husband to a woman Copiholder, &s;hall not be tenant by the Curte&s;ie without &s;peciall cu|&s;tome, 360</ITEM>
<ITEM>The heire of a Copyholder not bound to come to any Court during his non-age, <HI>ibid.</HI></ITEM>
<ITEM>Whether a Copyholder may lop trees, <HI>ibid.</HI></ITEM>
<ITEM>Copyholders for life cannot claim cu&s;tome to cut down and &s;ell trees, 361</ITEM>
<ITEM><PB REF="224">
No tenant by the Curte&s;ie or Dower &s;hall be of Copyhold lands 361</ITEM>
<ITEM>An e&s;tate taile cannot be of Copyhold lands with|out u&s;e <HI>ibid.</HI></ITEM>
<ITEM>Copyholder may a&s;&s;igne one to e&s;&s;oin for him, but not to do his &s;ervice 362</ITEM>
<ITEM>Copy-hold not extendable by Statute-Staple, but it is upon the Statute of Bankrupts not lyable to any charge of the Lord 363</ITEM>
<ITEM><HI>Common</HI> Nu&s;ance 327</ITEM>
<ITEM><HI>Common</HI> Pownds 328</ITEM>
<ITEM><HI>Common</HI> Barretors 331</ITEM>
<ITEM><HI>Curriers</HI> 336</ITEM>
<ITEM><HI>Court-Baron</HI> 349</ITEM>
<ITEM>How <HI>Court-Barons</HI> were fir&s;t in&s;tituted 352</ITEM>
<ITEM>VVhat parts a <HI>Court-Baron</HI> doth con&s;i&s;t of 338</ITEM>
<ITEM><HI>Court-Baron</HI> cannot be &s;eparated from a Man|nor 337</ITEM>
<ITEM>The difference between <HI>Court-Leet</HI> and <HI>Court-Baron</HI> 340 341</ITEM>
<ITEM>Of the time When, and the place Where the Court is to be kept 342</ITEM>
<ITEM>The manner of keeping the Court <HI>ibid.</HI> and 343 344</ITEM>
<ITEM>The charge of the Court 345</ITEM>
</LIST>
<LIST>
<HEAD>D</HEAD>
<ITEM><HI>DUces tecum,</HI> What 14</ITEM>
<ITEM><HI>Declaration,</HI> What it is 14 15</ITEM>
<ITEM><HI>Modo &amp; forma</HI> 15</ITEM>
<ITEM><HI>Demurrer,</HI> what 18</ITEM>
<ITEM><HI>Di&s;tre&s;s,</HI> what good, and What not 26 27 28 29 30 31</ITEM>
<ITEM><PB REF="224">
<HI>Ditches,</HI> hedges and high-Wayes kept and &s;cou|red 330</ITEM>
<ITEM><HI>Di&s;continuance,</HI> one &s;eized in the right of his wife, &s;urrenders it and dies, no di&s;conti|nuance to the wife 370</ITEM>
</LIST>
<LIST>
<HEAD>E</HEAD>
<ITEM><HI>ES&s;oin,</HI> what it is 14</ITEM>
<ITEM><HI>Execution</HI> in the County Court, and What goods may be taken upon it, and what not 32 33 34</ITEM>
<ITEM>Where the under Sheriffe ju&s;tified the breaking of three doors to do execution 185</ITEM>
<ITEM><HI>Elegit,</HI> Where it lies 71 174</ITEM>
<ITEM>What it is 176</ITEM>
<ITEM>The Sheriffe may take a moyety of the Lands of the Conu&s;or, and all his goods and chattels, and the valuation of the goods and lands mu&s;t be found by inqui&s;ition <HI>ibid.</HI></ITEM>
<ITEM>He mu&s;t return the extent, and that he hath delivered the Lands 177</ITEM>
<ITEM>Term of years delivered in execution upon <HI>Ele|git</HI> good, and al&s;o rents <HI>ibid.</HI></ITEM>
<ITEM>The Sheriffe mu&s;t return the moyety di&s;tinctly, unle&s;&s;e they be tenants in common <HI>ibid.</HI></ITEM>
<ITEM>He cannot deliver a Lea&s;e at another value then What the Iury had found it at <HI>ibid.</HI></ITEM>
<ITEM>Goods cannot be &s;old by the owner after the <HI>Te|&s;te</HI> of the <HI>Elegit ib.</HI></ITEM>
<ITEM>An execution valuable Without &s;atisfaction, <HI>ibid.</HI></ITEM>
<ITEM>VVhere a <HI>Cap.</HI> lies after an <HI>Elegit</HI> 178</ITEM>
<ITEM><PB REF="225">
Lands &s;old after judgement &s;hall be liable to &s;a|tisfie it, <HI>ibid.</HI></ITEM>
<ITEM>Two Writs of <HI>Elegit</HI> delivered to the Sheriff at one time, how to be executed, <HI>ibid.</HI></ITEM>
<ITEM>Several <HI>Elegits</HI> may i&s;&s;ue into Counties, <HI>ibid.</HI></ITEM>
<ITEM>No <HI>Cap. ad &s;at.</HI> nor <HI>fieri fac,</HI> doth lie after an <HI>Elegit,</HI> and why 179</ITEM>
<ITEM>An <HI>Elegit</HI> &s;ued after one is taken for the Prote|tectors fine, he &s;hall go at large, 181</ITEM>
<ITEM><HI>E&s;capes,</HI> 208</ITEM>
<ITEM>What an E&s;cape is, <HI>ibid.</HI></ITEM>
<ITEM>For felony, it is felony in him that &s;uffers the e&s;cape, <HI>ibid.</HI></ITEM>
<ITEM>If a pri&s;oner e&s;cape, yet upon fre&s;h &s;uit, and ta|ken, he &s;hall be in execution, <HI>ibid.</HI></ITEM>
<ITEM>One in execution cannot go out of the Goale, though with the a&s;&s;ent of the Sheriffe, <HI>ibid.</HI></ITEM>
<ITEM>The Protector cannot command without Writ, to free a man, &amp;c. <HI>ibid.</HI></ITEM>
<ITEM>If the Sheriffe die and one breakes the Goale, no e&s;cape, 209</ITEM>
<ITEM>If a <HI>woman-Goaler</HI> marry a Pri&s;oner, adjud|ged an e&s;cape, <HI>ibid.</HI></ITEM>
<ITEM>It is no e&s;cape if Pri&s;oners be removed out of the County, that they may be removed to another place within the &s;ame County, but not for their ea&s;e, for then it is an e&s;cape, <HI>ibid.</HI></ITEM>
<ITEM>The Sheriff upon fre&s;h &s;uit may take a pri&s;oner in another County, <HI>ibid.</HI></ITEM>
<ITEM>No felony in the Goaler to kill a pri&s;oner that attempteth to e&s;cape, <HI>ibid.</HI></ITEM>
<ITEM>All that come into the Goale ought to be kept clo&s;e and &s;afe, <HI>ibid.</HI></ITEM>
<ITEM>One taken upon a <HI>Cap.</HI> by a wrong name, &amp;c. a
<PB REF="225">
<HI>Te&s;tat.</HI> i&s;&s;ued out again&s;t him by his right name, and was taken in Execution, and &s;uf|fered him to e&s;cape, and the Sheriffe was judged an&s;werable for the e&s;cape, 210</ITEM>
<ITEM>A mans wife taken in execution, and &s;uffered to go at large before the debt &s;atisfied, adjud|ged an e&s;cape, <HI>ibid.</HI></ITEM>
<ITEM>A repri&s;all by fre&s;h &s;uit before the action brougt, excu&s;able, but a repri&s;all after the action brought, no excu&s;e, 211 212 213</ITEM>
<ITEM><HI>Exigents</HI> and <HI>Proclamations</HI> to be proclaimed five County dayes, 10</ITEM>
<ITEM><HI>Extendi facias,</HI> what, 168</ITEM>
<ITEM><HI>Election</HI> of Parliament men, how and when they are to be elected, 216</ITEM>
<ITEM>Who may be electors, 217</ITEM>
<ITEM>Time when they are to be elected, <HI>ibid.</HI></ITEM>
<ITEM>What per&s;ons are elegible, and what not, 218</ITEM>
<ITEM>Puni&s;hment of Sheriffes for their negligence in elections or returnes, 219</ITEM>
<ITEM>Penalties on Counties and places for not elect|ing, <HI>ibid.</HI></ITEM>
<ITEM><HI>E&s;cape</HI> voluntary, what, 326</ITEM>
<ITEM><HI>E&s;cape</HI> negligent, what, <HI>ibid.</HI></ITEM>
<ITEM>Eve&s;droppers, 338</ITEM>
<ITEM>E&s;trayes, 340</ITEM>
</LIST>
<LIST>
<HEAD>F</HEAD>
<ITEM><HI>FEes,</HI> to the County Clerke, 54</ITEM>
<ITEM>To the Attorney in the County Court, 55</ITEM>
<ITEM>To the Bayliffe for executing Proce&s;&s;e out of the County Court, 55 56</ITEM>
<ITEM>Fees of the Sheriff, 221 222 223</ITEM>
<ITEM><PB REF="226">
VVhat fees the &V;nder Sheriffe of <HI>Middle&s;ex</HI> u|&s;eth to take 223</ITEM>
<ITEM>Fees payd by the Sheriffe in rendring his ac|compts into the Exchequer 225 226 227</ITEM>
<ITEM>Fees of the Coroner 294</ITEM>
<ITEM>Fees of the Court-Baron 373 374</ITEM>
<ITEM><HI>Fieri facias,</HI> where it lies 71 174</ITEM>
<ITEM>VVhat it is 183</ITEM>
<ITEM>The Sheriff mu&s;t be cautious in executing this Writ, &amp;c. <HI>ibid.</HI></ITEM>
<ITEM>If he, for a debt of twenty pounds takes goods and &s;ells them for forty pounds, he may keep the &s;urplu&s;age till the Defendant demand it of him <HI>ibid.</HI></ITEM>
<ITEM>Sale upon a <HI>Fi. fa.</HI> &s;hall &s;tand, though judgment be after rever&s;ed 184</ITEM>
<ITEM>&V;pon a judgment again&s;t an Executor or Ad|mini&s;trator no <HI>Cap. ad &s;at.</HI> lies, but a <HI>Fi. fa.</HI> &amp;c. but if a <HI>Deva&s;t.</HI> be returned, then a <HI>Cap. ad &s;at.</HI> or a <HI>Fi. fa. de benis propriis,</HI> &amp;c. <HI>ibid.</HI></ITEM>
<ITEM>After <HI>Scire fac.</HI> no <HI>Elegit</HI> lies, until the tenant be warned, but a <HI>Fi. fa.</HI> doth <HI>ibid.</HI></ITEM>
<ITEM>Goods taken upon a <HI>Fi. fa.</HI> and no buyers found, an order to levy the goods and lands of the Bayliffe <HI>ibid.</HI></ITEM>
<ITEM>If no goods be found, the Sheriffe may &s;ell a Lea&s;e for years, &amp;c. <HI>ibid.</HI></ITEM>
<ITEM>A <HI>Scire facias</HI> i&s;&s;ued out again&s;t an old Sheriffe (after a new one elected) for money levied by him &amp;c. 185</ITEM>
<ITEM>Bond taken by the Sheriff, not within the Stat. <HI>ibid.</HI></ITEM>
<ITEM><PB REF="226">
VVhere the &V;nder-Sheriffe ju&s;tified the break|ing of three doores to doe execution, &amp;c. <HI>ibid.</HI></ITEM>
<ITEM>The Sheriffe may &s;ell a Lea&s;e for years without taking inqui&s;ition of them 186</ITEM>
<ITEM>Four rea&s;ons Why no returne is required upon a <HI>Fi. fa. ibid.</HI></ITEM>
<ITEM><HI>Felony,</HI> he that flies for it forfeits his goods, chattels, and the profits of his lands 162</ITEM>
<ITEM>&V;tlawes goods for felony 163</ITEM>
<ITEM>Felony, What 324</ITEM>
<ITEM>Fore-&s;taller 332</ITEM>
<ITEM>Frie of fi&s;h 337</ITEM>
<ITEM><HI>Fine,</HI> What &s;hall be &s;aid rea&s;onable for a Copy-holder to pay upon his admittance </ITEM>
<ITEM><HI>Forfeitures,</HI> What &s;hall make a forfeiture of Copyhold e&s;tates, and What not 367</ITEM>
<ITEM>Forfeiture, to build and pull down again 368</ITEM>
<ITEM>A Copyholder by the Common-law cannot make a Lea&s;e for one yeare, but it is a forfeiture <HI>ibid.</HI></ITEM>
<ITEM>A Lea&s;e for one yeare by a Copyholder, &amp;c. a forfeiture <HI>ibid.</HI></ITEM>
<ITEM>A Copyholder may inclo&s;e where it hath been formerly inclo&s;ed, &amp;c. and not forfeiture, 369</ITEM>
<ITEM>The heir may take the profits before admittance, and make a Lea&s;e, &amp;c. <HI>ibid.</HI></ITEM>
<ITEM>To refu&s;e to pay a fine certaine, a forfeiture, or refu&s;e to appeare at his Lords Court, <HI>ibid.</HI> and 370</ITEM>
</LIST>
<LIST>
<PB REF="227">
<HEAD>G</HEAD>
<ITEM><HI>GEnerall i&s;&s;ues,</HI> what 18</ITEM>
<ITEM><HI>Goaler,</HI> the Sheriffe mu&s;t be cautions in electing of him 208</ITEM>
</LIST>
<LIST>
<HEAD>H</HEAD>
<ITEM><HI>HAbere facias &s;ei&s;inam,</HI> what it is, and where it lies 188</ITEM>
<ITEM><HI>Habere fac. po&s;&s;e&s;&s;ionem,</HI> what it is, and where it lies <HI>ibid.</HI></ITEM>
<ITEM><HI>High trea&s;on,</HI> what 323</ITEM>
<ITEM>Hue and crie 327</ITEM>
<ITEM>Hedge-breakers 330</ITEM>
<ITEM>Hand guns 337</ITEM>
<ITEM>Hawking and hunting with Spaniels, 338</ITEM>
<ITEM>Hares tracing <HI>ibid.</HI></ITEM>
<ITEM>Hor&s;es infected 339</ITEM>
<ITEM>Hayward, why &s;o called 347</ITEM>
<ITEM>Herriot &s;ervice and herriot cu&s;tome 348</ITEM>
</LIST>
<LIST>
<HEAD>I</HEAD>
<ITEM><HI>IS&s;ues generall,</HI> what 18</ITEM>
<ITEM><HI>Jurors,</HI> and what are good cau&s;es of challenge 21</ITEM>
<ITEM><HI>Ingro&s;&s;er</HI> 333</ITEM>
<ITEM><HI>Inne-</HI>holders 334</ITEM>
</LIST>
<LIST>
<PB REF="227">
<HEAD>K</HEAD>
<ITEM><HI>KNights-&s;ervice,</HI> what it is 346</ITEM>
<ITEM>Homage, E&s;cuage, and fealty is Knights-&s;ervice <HI>ibid.</HI></ITEM>
<ITEM>Knights-&s;ervice is done by a man <HI>in propria per&s;ona ibid.</HI></ITEM>
</LIST>
<LIST>
<HEAD>L</HEAD>
<ITEM><HI>LEvari facias</HI> 174</ITEM>
<ITEM>What it is 187</ITEM>
<ITEM>Part of the &s;um levied, a <HI>Sicut alias Levari fac.</HI> may i&s;&s;ue out for the re&s;idue 187</ITEM>
<ITEM><HI>Leet,</HI> what it is, and the fir&s;t in&s;titution of it 307</ITEM>
<ITEM>The power and authority of the Iudge of the Court 309</ITEM>
<ITEM>What may be enquired of in this Court 310</ITEM>
<ITEM>What things are not to be inquired of in this Court 310</ITEM>
<ITEM>What things are con&s;iderable in holding Tourns and Leets 312</ITEM>
<ITEM>Iury, what 113</ITEM>
<ITEM>The method of keeping Court-Leet 316</ITEM>
<ITEM>Exhortation before the charge 319</ITEM>
<ITEM>What things are to be con&s;idered by a Iury in &s;wearing 320 321</ITEM>
<ITEM>The charge of the Court 322</ITEM>
<ITEM>Lord of the Mannor, how qualified 357</ITEM>
</LIST>
<LIST>
<PB REF="228">
<HEAD>M</HEAD>
<ITEM><HI>MOdo &amp; forma</HI> 14 15</ITEM>
<ITEM><HI>Mayor</HI> of a Staple, hath power to hold pleas done there 170</ITEM>
<ITEM><HI>Mi&s;pri&s;ion</HI> of trea&s;on, what 325</ITEM>
<ITEM>Mea&s;ures and weights fal&s;e 335</ITEM>
<ITEM>Mu&s;ters 338</ITEM>
<ITEM>Mortmain 339</ITEM>
<ITEM>Mannor, what it is 349</ITEM>
<ITEM>Of the fir&s;t originall and in&s;titution of it <HI>ibid.</HI></ITEM>
<ITEM>The definition of the word <HI>ibid.</HI> &amp; 350</ITEM>
<ITEM>How <HI>Mannors</HI> were fir&s;t created 250</ITEM>
<ITEM>Of what parts a <HI>Mannor</HI> doth con&s;i&s;t <HI>ibid.</HI></ITEM>
<ITEM><HI>Cu&s;tomary Mannor,</HI> what it is, and what may be a good <HI>Mannor</HI> to maintain Copyhol|ders 351</ITEM>
<ITEM>By what names a Mannor may pa&s;&s;e 350</ITEM>
<ITEM>Five nece&s;&s;arily appertaining to a Mannor 339</ITEM>
<ITEM><HI>Mortmain,</HI> what it is 350</ITEM>
</LIST>
<LIST>
<HEAD>N</HEAD>
<ITEM>Non-&s;uit, how 16</ITEM>
<ITEM><HI>Not informed,</HI> what 18</ITEM>
<ITEM><HI>Nihil dicit,</HI> what <HI>ibid.</HI></ITEM>
<ITEM>Nu&s;ance 327</ITEM>
</LIST>
<LIST>
<HEAD>O</HEAD>
<ITEM><HI>OFfice</HI> of County Clarke 6 7</ITEM>
<ITEM><HI>Office,</HI> of Coroner in the County Court 9 10</ITEM>
<ITEM>Office and duty of the Steward in a Court-Ba|ron 371</ITEM>
<ITEM><PB REF="228">
<HI>Order</HI> of the Judges of A&s;&s;ize at <HI>York,</HI> concer|ning <HI>E&s;&s;oins,</HI> illegally returned into the County Court 56 57</ITEM>
</LIST>
<LIST>
<HEAD>P</HEAD>
<ITEM><HI>PLedges</HI> in the County Court 13</ITEM>
<ITEM><HI>Proceedings</HI> in the County-Court 14</ITEM>
<ITEM>&V;pon the Writs of <HI>Recordare, Pone, Writ of fal&s;e Judgment,</HI> &amp;c. in the Common-pleas after removall out of the County Court 69 70 71 72</ITEM>
<ITEM><HI>Pleas</HI> &s;pecially to be pleaded 19 20</ITEM>
<ITEM><HI>Parliament men,</HI> how and when they are to be elected 216</ITEM>
<ITEM>Who may be Electors 217</ITEM>
<ITEM>Time when they are to be elected <HI>ibid.</HI></ITEM>
<ITEM>What per&s;ons are eligible, and who not 218</ITEM>
<ITEM>Puni&s;hment of Sheriffes for their negligence in elections or returns 219</ITEM>
<ITEM>Penalties on Counties, and places for not ele|cting <HI>ibid.</HI></ITEM>
<ITEM><HI>Pre&s;entments</HI> in Leets, how traver&s;able 315</ITEM>
<ITEM><HI>Petty Trea&s;on,</HI> what 323</ITEM>
<ITEM><HI>Petty Larceny,</HI> what 324</ITEM>
<ITEM>Phy&s;nomy defaced <HI>ibid.</HI></ITEM>
<ITEM>Pownd-breach 331</ITEM>
<ITEM>Phea&s;ants and Partridges 338</ITEM>
<ITEM>Pond breaking <HI>ibid.</HI> 353</ITEM>
<ITEM><HI>Pypowders,</HI> the Court, the definition of it, what it is, together with its Juri&s;diction 393 &amp; 394</ITEM>
<ITEM>By way of Grant and confirmation 395</ITEM>
<ITEM>The Steward is Iudge <HI>ibid.</HI></ITEM>
<ITEM><PB REF="229">
This Court is incident to a Faire or Market, and by a grant of them it pa&s;&s;eth 396</ITEM>
<ITEM>No plea &s;hall be holden in it unle&s;&s;e the Plain|tiff or his Attorney do &s;weare that the Con|tract was made, during the time of the Fare 397</ITEM>
</LIST>
<LIST>
<HEAD>R</HEAD>
<ITEM><HI>RUle,</HI> what 17</ITEM>
<ITEM><HI>Replication</HI> what <HI>ibid.</HI></ITEM>
<ITEM>Rejoynder, what <HI>ibid.</HI></ITEM>
<ITEM>Replevin, with the Proceeds upon it, 34 35 36 37</ITEM>
<ITEM><HI>Recognizance,</HI> what it is 174</ITEM>
<ITEM>The manner of proceeding upon it <HI>ibid.</HI></ITEM>
<ITEM>Proceeds again&s;t the Sureties 175</ITEM>
<ITEM>Execution upon it of all the goods and chattels, and a moyety of the Land <HI>ibid.</HI></ITEM>
<ITEM>Execution of the Land, which the Reconu&s;or had at the time of the Reconu&s;ance <HI>ibid.</HI></ITEM>
<ITEM>Two &s;ued in Execution, the money delivered to the Attorney of the one, and to the other him&s;elfe good <HI>ibid.</HI></ITEM>
<ITEM>The beir charged <HI>ibid.</HI></ITEM>
<ITEM>Execution upon the Statute, and findes baile, and doth not appeare at the day <HI>ibid.</HI></ITEM>
<ITEM>Two &s;ue execution, and one dies before the ex|tent, yet the lands &s;hall be extended, but o|therwi&s;e upon a Stat. Merchant <HI>ibid.</HI></ITEM>
<ITEM>Three bound in a Statute joyntly and &s;everally, he &s;hall have execution again&s;t one or all, but not again&s;t two 176</ITEM>
<ITEM><HI>Rape,</HI> what 324</ITEM>
<ITEM><PB REF="229">
<HI>Reliefe,</HI> is as much money as one yeares rent 347</ITEM>
<ITEM><HI>Re&s;cous,</HI> what it is 353</ITEM>
<ITEM><HI>Returns</HI> of writs, and fir&s;t what return is 189</ITEM>
<ITEM>Return of a <HI>Cepi corpus</HI> for one, and a <HI>Non e&s;t inventus</HI> for others, by one that was not She|riffe <HI>ibid.</HI></ITEM>
<ITEM>Four rea&s;ons why no return is required upon a <HI>Fieri fac.</HI> 186</ITEM>
<ITEM>Surplu&s;age no hurt to the return of a writ 190</ITEM>
<ITEM>A Proclamation upon <HI>Exigent</HI> returned by a Sheriffe out of office, void 191</ITEM>
<ITEM>Re&s;cous upon a <HI>Latitat,</HI> no good return, <HI>ibid.</HI></ITEM>
<ITEM><HI>Cepi corp.</HI> returned upon a <HI>Cap. ad &s;at.</HI> and hath not the body at the day, an e&s;cape, &amp;c. <HI>ibid.</HI></ITEM>
<ITEM>In all writs of execution (except an <HI>Elegit</HI>) no return is required, but an <HI>Elegit</HI> mu&s;t be returned <HI>ibid.</HI></ITEM>
<ITEM>To &s;ay that the party will not pay his fees, no return <HI>ibid.</HI></ITEM>
<ITEM>The Sheriffe mu&s;t &s;et to his returnes his name of Bapti&s;m and &s;irname 192</ITEM>
<ITEM>Imperfect returns corrigible <HI>ibid.</HI></ITEM>
<ITEM>To &s;ay that the Bayliff will make no deliverance, no good return <HI>ibid.</HI></ITEM>
<ITEM>He &s;hall not be charged for in&s;ufficient returns by Bayliffs of Liberties <HI>ibid.</HI></ITEM>
<ITEM>Every return mu&s;t exactly an&s;wer the writ <HI>ibid.</HI></ITEM>
<ITEM>The omi&s;&s;ion of words makes the return invalid <HI>ibid.</HI></ITEM>
<ITEM>Return of Re&s;cous invalid, &amp;c. 193</ITEM>
<ITEM>No good return where the Sheriffs name is wan|ting <HI>ibid.</HI></ITEM>
<ITEM><PB REF="230">
Note that the word <HI>exacteth</HI> amounts to as much as the <HI>within named ibid.</HI></ITEM>
<ITEM>The Sheriffe amerced twenty pounds becau&s;e he did not take <HI>po&s;se com.</HI> to execute a <HI>Hab. fac. &s;ei&s;in. ibid.</HI></ITEM>
<ITEM>VVhat returne upon <HI>wa&s;te</HI> good, and what not <HI>ibid.</HI></ITEM>
<ITEM>Returne of a <HI>Precept</HI> for <HI>Writ,</HI> not good <HI>ibid.</HI></ITEM>
<ITEM>A bad return 194</ITEM>
<ITEM>A return by the Sheriffe in the third per&s;on, no good return <HI>ibid.</HI></ITEM>
<ITEM>Fal&s;e impri&s;onment lies again&s;t the Sheriffe for not returning a <HI>Cap.</HI> in proce&s;&s;e, &amp;c. but o|therwi&s;e in a <HI>Cap. ad &s;at. ibid.</HI></ITEM>
<ITEM>VVhere one hath liberty to returne writs, the Sheriffe cannot enter to make execution of any proce&s;&s;e, <HI>ibid.</HI></ITEM>
<ITEM>In a <HI>Scire fac.</HI> the Sheriffe mu&s;t returne the names of the &s;ummoners, &amp;c. <HI>ibid.</HI></ITEM>
<ITEM>The Sheriffe may take <HI>po&s;. com.</HI> upon a Replev. <HI>ibid.</HI></ITEM>
<ITEM>A <HI>Scire fac.</HI> again&s;t a Husband and his wife, to &s;ay they are divorced, no good return 195</ITEM>
<ITEM>A <HI>Fi. fac.</HI> again&s;t Executors, no good returne to &s;ay the goods were &s;old before the writ pur|cha&s;ed <HI>ibid.</HI></ITEM>
<ITEM><HI>Nulla bona</HI> returned upon a <HI>Fi. fa.</HI> again&s;t Exe|cutors, an enquiry of wa&s;te, and found that divers goods were wa&s;ted, upon which a <HI>Sci. fa.</HI> awarded and upon two <HI>nihil's</HI> returned exe|cution awarded <HI>ibid.</HI></ITEM>
<ITEM>Outlawry returned in <HI>Lond</HI> where not good <HI>ibid.</HI></ITEM>
<ITEM>The County omitted in the return of an <HI>Exigent</HI> erroneous 196</ITEM>
<ITEM><PB REF="230">
&V;pon an <HI>Exigent</HI> returned, that the party hath rendred him&s;elfe, and not &s;o, not good <HI>ibid.</HI></ITEM>
<ITEM><HI>Cepi corpus</HI> upon a <HI>Capias ad &s;atisfaciendum,</HI> and not &s;o, erroneous <HI>ibid.</HI></ITEM>
<ITEM>Proce&s;&s;e again&s;t the husband and wife, and the wife appeares not at the day, not good <HI>ibid.</HI></ITEM>
<ITEM>&V;pon an enquiry of damages, return of damages no hurt to the Sheriff, and why <HI>ibid.</HI></ITEM>
<ITEM>&V;pon accompt or debt, where the Sheriffe re|turned no lands found, and he had lands, &amp;c. not good <HI>ibid.</HI></ITEM>
<ITEM>To &s;ay upon a <HI>Replevin,</HI> that there is no goods, &amp;c. not good, the like in <HI>detinue,</HI> &amp;c. or up|on a <HI>Hab. fac. &s;ei&s;in. ibid.</HI></ITEM>
<ITEM>If the Sheriffe return <HI>Cepi corpus,</HI> he &s;hall be chargeable with the body, at the day of the return 197</ITEM>
<ITEM><HI>Return of Jurors</HI> 206</ITEM>
<ITEM>If two &s;ufficient Hundreders do appeare, it is &s;ufficient <HI>ibid.</HI></ITEM>
<ITEM>None are to be returned above the age of &s;even|ty years <HI>ibid.</HI></ITEM>
<ITEM>None &s;hall be impannelled out of their proper County, except, &amp;c. <HI>ibid.</HI></ITEM>
<ITEM>None to be returned but &s;uch as have 40 l. <HI>per annum</HI> 207</ITEM>
<ITEM>Twenty and foure Jurors mu&s;t be returned o|therwi&s;e error <HI>ibid.</HI></ITEM>
<ITEM>He mu&s;t &s;ummon the grand Iuries to the A&s;&s;i|zes, and Iuries for the quarter Se&s;&s;ions, &amp;c. <HI>ibid.</HI></ITEM>
<ITEM>None mu&s;t be returned upon an Indictment but, &amp;c. <HI>probi &amp; legales homines ibid.</HI></ITEM>
<ITEM><HI>Return of i&s;sues</HI> 207</ITEM>
<ITEM><PB REF="231">
The Sheriff mu&s;t return good i&s;&s;ues <HI>ibid.</HI></ITEM>
<ITEM><HI>Re&s;cue,</HI> what 326</ITEM>
<ITEM>Re&s;cous 331</ITEM>
<ITEM>Regrator 332</ITEM>
</LIST>
<LIST>
<HEAD>S</HEAD>
<ITEM><HI>SHire,</HI> what it is 1</ITEM>
<ITEM>By whom in&s;tituted <HI>ibid.</HI></ITEM>
<ITEM><HI>Sheriff,</HI> why &s;o called 2</ITEM>
<ITEM>In&s;tituted Governor of his Shire <HI>ibid.</HI></ITEM>
<ITEM>He only hath power to delegate the office of County Clerk 7</ITEM>
<ITEM><HI>Cu&s;tos vitae Reipub. Cu&s;tos vitae Ju&s;titiae, Cu&s;tos vitae Legis</HI> 157</ITEM>
<ITEM><HI>His Judicial power</HI> 158</ITEM>
<ITEM>To enquire of wa&s;t, and execute a writ of Re|di&s;&s;ei&s;in 159</ITEM>
<ITEM>He may commit a di&s;&s;ei&s;or to pri&s;on <HI>ibid.</HI></ITEM>
<ITEM><HI>His Mini&s;terial power ibid.</HI></ITEM>
<ITEM>The new Sheriff is to take notice who are in exe|cution 160</ITEM>
<ITEM>He is to pre&s;erve the Protectors right, &amp;c. 160</ITEM>
<ITEM>He mu&s;t levy his Highne&s;&s;e debts, &amp;c. 161</ITEM>
<ITEM>He is to gather up amerciaments and fines, &amp;c. <HI>ibid.</HI> and 162</ITEM>
<ITEM>He is to &s;eize no goods of Felons, till they be lawfully forfeited 162</ITEM>
<ITEM>But take Sureties he may, that the goods &s;hall not be imbezelled <HI>ibid.</HI></ITEM>
<ITEM>He mu&s;t receive all Writs and execute them 163</ITEM>
<ITEM>He may command his Bayliffe to execute tem either by word or precept <HI>ibid.</HI></ITEM>
<ITEM>He mu&s;t not di&s;pute the authority of the Judges
<PB REF="231">
that &s;end writs to him, but mu&s;t execute them 164</ITEM>
<ITEM>His Bayliffe need not &s;hew his writ when he exe|cutes it, but a &s;pecial Bayliff mu&s;t &s;hew his warrant <HI>ibid.</HI></ITEM>
<ITEM>An arre&s;t by an old Sheriff after his di&s;charge tortious 165</ITEM>
<ITEM>He cannot execute proce&s;&s;e on the Sabbath day <HI>ibid.</HI></ITEM>
<ITEM>He may break open a door to execute proce&s;&s;e concerning his highne&s;&s;e, but not in ca&s;e of a common per&s;on <HI>ibid.</HI></ITEM>
<ITEM>He mu&s;t proclaim the Statute of <HI>Winche&s;ter</HI> four times a year 166</ITEM>
<ITEM>And al&s;o the Statute again&s;t unlawfull games, <HI>ibid.</HI></ITEM>
<ITEM><HI>Steward</HI> of Court-Baron, how he ought to be qualified 371</ITEM>
<ITEM>How he may be retained 372</ITEM>
<ITEM>How he may forfeit his office 373</ITEM>
<ITEM><HI>Sur-rejoinder,</HI> what 17</ITEM>
<ITEM><HI>Suit-royall,</HI> what it is 161</ITEM>
<ITEM><HI>Suit-&s;ervice,</HI> what <HI>ibid.</HI></ITEM>
<ITEM><HI>Statute-Merchant,</HI> what it is <HI>ibid.</HI></ITEM>
<ITEM>How to &s;ue out execution upon it <HI>ibid.</HI></ITEM>
<ITEM>All the Fee-&s;imple Lands of the Conu&s;or, at the time of the Statute acknowledged, &s;hall be liable to the &s;aid Statute 169</ITEM>
<ITEM>Copyhold lands are not lyable, nor Lea&s;e for life, but Lea&s;e for term of years &s;hall be ex|tended, &amp;c. Goods pawned or pledged may not be taken, nor goods di&s;trained for rent, &amp;c. <HI>ibid.</HI></ITEM>
<ITEM>If the Conu&s;or die in execution, the Conu&s;ee may have execution of his Lands and goods,
<PB REF="232">
or if the Conu&s;or e&s;cape, his goods and Lands &s;hall be extended <HI>ibid.</HI></ITEM>
<ITEM><HI>Non e&s;t invent</HI> returned upon the fir&s;t Certifi|cate, a &s;econd not grantable <HI>ibid.</HI></ITEM>
<ITEM>Severall Certificates in divers Courts upon one Stat. Execution &s;ued in the one &s;hall not &s;tay that in the other 170</ITEM>
<ITEM>A Stat. certified for the Te&s;tator, &s;hall be cer|tified for the Executor <HI>ibid.</HI></ITEM>
<ITEM><HI>Non e&s;t inventus</HI> returned upon a <HI>Cap.</HI> in the Common Pleas, <HI>Cap.</HI> and <HI>Extendi facias</HI> &s;hall not i&s;&s;ue out there without &s;hewing the Sta|tute to the Ju&s;tices, &amp;c. <HI>ibid.</HI></ITEM>
<ITEM>Statute mu&s;t be &s;hewed at the day of the return <HI>ibid.</HI></ITEM>
<ITEM>A &s;tranger may have Execution where the Re|cognu&s;ee is dead, or if a Stat. be made to two, yet one may have Execution, &amp;c. 171</ITEM>
<ITEM><HI>Executors</HI> mu&s;t &s;ue out a <HI>Scire fac.</HI> before they can have Execution <HI>ibid.</HI></ITEM>
<ITEM>Execution upon the Statute &s;ued into divers Counties upon <HI>Nihil</HI> returned in one Coun|ty, he &s;hall have execution of the whole in the other <HI>ibid.</HI></ITEM>
<ITEM>Stat. &s;ued of parcel of the Lands in the name of all, &s;hall never extend the re&s;t <HI>ibid.</HI></ITEM>
<ITEM>Three bound to one in a Statute &s;everally, Exe|cution may be again&s;t one or all <HI>ibid.</HI></ITEM>
<ITEM>Infant bound in a Statute may avoid it during his minority, &amp;c. the like by <HI>Dures impri|&s;onment</HI> 172</ITEM>
<ITEM><HI>Statute-Staple,</HI> what it is <HI>ibid.</HI></ITEM>
<ITEM>The manner of proceeding upon it <HI>ibid.</HI> and 173</ITEM>
<ITEM><PB REF="232">
<HI>Scire facias</HI> i&s;&s;ued out again&s;t the old Sheriffe (after a new one elected) for money levied by him, &amp;c. 185</ITEM>
<ITEM><HI>Sorcerers, Conjurers,</HI> and <HI>Witches</HI> 325</ITEM>
<ITEM><HI>Sacriledge ibid.</HI></ITEM>
<ITEM><HI>Stocks</HI> 327</ITEM>
<ITEM><HI>Surveyors</HI> of high-wayes 329</ITEM>
<ITEM>Shoomakers 336</ITEM>
<ITEM>Searchers, and &s;ealers of Leather <HI>ibid.</HI></ITEM>
<ITEM><HI>Soccage tenure,</HI> what it is 347</ITEM>
<ITEM><HI>Surrenders,</HI> what are good, and what not 363</ITEM>
<ITEM>&V;pon a Surrender, action lies not again&s;t the Lord for refu&s;ing admittance <HI>ibid.</HI></ITEM>
<ITEM>A &s;urrender to the Lord, good 364</ITEM>
<ITEM>A Surrender to the u&s;e of another, &amp;c. <HI>ibid.</HI></ITEM>
<ITEM>In a Surrender it matters not if the party to whom it is be preci&s;ely expre&s;&s;ed <HI>ibid.</HI></ITEM>
<ITEM>Surrender to the Lord, &amp;c. <HI>ibid.</HI></ITEM>
<ITEM>Surrender to <HI>A. B.</HI> until he marry <HI>C. D.</HI> &amp;c <HI>ibid.</HI></ITEM>
<ITEM>Surrender to the u&s;e of a &s;tranger <HI>ibid.</HI></ITEM>
<ITEM>Surrender to <HI>A. B.</HI>'s u&s;e, if he pay 20 l. at a day <HI>ibid.</HI></ITEM>
<ITEM>Surrender to the Lord to the u&s;e of <HI>S.</HI> paying 100 l. &amp;c. <HI>ibid.</HI></ITEM>
<ITEM>Surrender to the u&s;e of one for life 365</ITEM>
<ITEM>Copyhold may be extingui&s;hed, without an actu|all Surrender <HI>ibid.</HI></ITEM>
<ITEM>A Surrender of a Copyhold, cannot &s;urrender before admittance 366</ITEM>
<ITEM>No &s;urrender by an Attorney without Deed, but an admittance may be <HI>ibid.</HI></ITEM>
</LIST>
<LIST>
<PB REF="233">
<HEAD>T</HEAD>
<ITEM>TYthing men 327</ITEM>
<ITEM>Tanners 335</ITEM>
<ITEM>Tracing of hares 338</ITEM>
<ITEM>Trea&s;ure trove 339</ITEM>
<ITEM><HI>Tenants</HI> by Copy of Court-Roll, are obliged to appear at every three weeks end at the Lords Court-Baron 345</ITEM>
<ITEM>Tenant at will and Copyholder 359</ITEM>
<ITEM>Tenant may have an action of Tre&s;pa&s;&s;e again&s;t the Lord 360</ITEM>
<ITEM>No tenant by the Curte&s;ie or Dower &s;hall be of Copyhold lands 361</ITEM>
</LIST>
<LIST>
<HEAD>V</HEAD>
<ITEM><HI>VErdict</HI> ambiguous and incertain, no judg|ment ought to be given upon it 25</ITEM>
<ITEM>Part of the i&s;&s;ue found, and nothing for the re|&s;idue, in&s;ufficient <HI>ibid.</HI></ITEM>
<ITEM><HI>Under-Sheriff,</HI> what he is 210</ITEM>
<ITEM>He hath power to execute all the ordinary offices of the Sheriff, that may be transferred by the Law, <HI>&amp;c. ibid.</HI></ITEM>
<ITEM>The Sheriff mu&s;t take good &s;ecurity of him, <HI>&amp;c. ibid.</HI></ITEM>
<ITEM>Victuallers 334</ITEM>
<ITEM>Vnlawfull gains 336</ITEM>
</LIST>
<LIST>
<PB REF="233">
<HEAD>W</HEAD>
<ITEM><HI>WItne&s;&s;es,</HI> who are &s;uficient to give evi|dence, and who are not 22</ITEM>
<ITEM><HI>Withernam,</HI> what, with the proceedings upon it 35</ITEM>
<ITEM>Weights and Mea&s;ures fal&s;e 335</ITEM>
<ITEM>Watch and ward 339</ITEM>
<ITEM>Waifes 340 353</ITEM>
<ITEM>Wa&s;t, what it is, and how it is committed 350</ITEM>
</LIST>
</DIV2>
<DIV2 N="precedents" TYPE="index">
<PB REF="234">
<HEAD>A TABLE OF ALL THE PRESIDENTS Contained in this BOOK.</HEAD>
<LIST>
<HEAD>A</HEAD>
<ITEM><HI>ARticles</HI> betwixt the high Sheriff, and a Bayliff of a Weapentake or Hundred 266</ITEM>
<ITEM><HI>Appeale</HI> of Murther by the wife of him that is &s;lain 297</ITEM>
<ITEM>Appeale by the heir of the per&s;on murthered 298</ITEM>
<ITEM>Appeale of Mayhme 299</ITEM>
<ITEM>Appeal of wounds <HI>ibid.</HI></ITEM>
<ITEM>Admi&s;&s;ion of the younger &s;on to lands, according to the cu&s;tome 389</ITEM>
</LIST>
<LIST>
<HEAD>B</HEAD>
<ITEM><HI>BArgain</HI> and &s;ale of Goods made by the She|riff, by vertue of his Office 277</ITEM>
<ITEM><HI>Bond</HI> upon a Replevin, <HI>vide Obligation.</HI></ITEM>
<ITEM><HI>Bond</HI> for the appearance in the County Court, <HI>vide Obligation</HI></ITEM>
<ITEM><PB REF="234">
<HI>Bond,</HI> to the Sheriff for ones appearance in the Common-Bench; and another in the &V;pper-Bench, <HI>vide Obligation.</HI> </ITEM>
</LIST>
<LIST>
<HEAD>C</HEAD>
<ITEM><HI>CA&s;e,</HI> for not delivering of a pawn upon ten|der of the money borrowed 102</ITEM>
<ITEM>Again&s;t a Carrier for lo&s;&s;e of goods delivered to him 103</ITEM>
<ITEM>For Coals, promi&s;ing to pay &s;o much as they &s;hould rea&s;onably be worth 104</ITEM>
<ITEM>For a hor&s;e &s;old, warranted to be &s;ound 105</ITEM>
<ITEM>For a hor&s;e lent promi&s;ing to deliver him <HI>ibid.</HI></ITEM>
<ITEM>For adgy&s;ting of bea&s;ts 106</ITEM>
<ITEM>For curing a wound 107</ITEM>
<ITEM>For laborious hire 108</ITEM>
<ITEM>In con&s;ideration that the Plaintiffe would deli|ver unto one <HI>E. L.</HI> certain mercery wares, if he did not pay for them the Defendant would 109</ITEM>
<ITEM>Slander for calling the Plaintiffe Thiefe, &amp;c. 110</ITEM>
<ITEM>Same for calling the Plaintiff Bankrupt 111</ITEM>
<ITEM>In con&s;ideration that the Plaintiff would marry <HI>E. R.</HI> the Defendant promi&s;ed to make him worth 200 l. 113</ITEM>
<ITEM>For &s;topping up of anothers light 114</ITEM>
<ITEM>For teaching the Defendants childe the Latine tongue 115</ITEM>
<ITEM>For Dyet, and time given for payment of the debt 116</ITEM>
<ITEM>&V;pon an <HI>A&s;&s;ump&s;it</HI> to &s;ave one harmle&s;&s;e upon an Obligation 117</ITEM>
<ITEM><PB REF="235">
For keeping a dog accu&s;tomed to bite &s;heep 118</ITEM>
<ITEM>Another <HI>ibid.</HI></ITEM>
<ITEM>Again&s;t an Inn-keeper for a hor&s;e lo&s;t <HI>ibid.</HI></ITEM>
<ITEM>&V;pon a hor&s;e-race 119</ITEM>
<ITEM>Another upon a hor&s;e-race 122</ITEM>
<ITEM>For keeping a child, and finding it meat, drink, and apparrel 123</ITEM>
<ITEM>For breach of Articles <HI>ibid.</HI></ITEM>
<ITEM>&V;pon a promi&s;e for the loan of a Mare, which was killed in riding 125</ITEM>
<ITEM>&V;pon a promi&s;e to &s;ave harmle&s;&s;e a Surety a|gain&s;t a Bond 126</ITEM>
<ITEM>Detinue 128</ITEM>
<ITEM><HI>Condition,</HI> the form of it for the performance of the Indentures between the high-Sheriff and under-Sheriff 258</ITEM>
<ITEM>Another 259 and 260</ITEM>
<ITEM>Condition for executong of a Goaler&s;hip 263</ITEM>
<ITEM>Another 265</ITEM>
<ITEM><HI>Condition,</HI> that the Sheriff executing a writ, may detain out of the goods and lands exten|ded &s;o much money, <HI>&amp;c.</HI> 276</ITEM>
</LIST>
<LIST>
<HEAD>D</HEAD>
<ITEM><HI>DI&s;tringas,</HI> or County warrant 37</ITEM>
<ITEM><HI>Duces tecum</HI> 38</ITEM>
<ITEM><HI>Decem tales</HI> 50</ITEM>
<ITEM>Deputation for a Bayliffe of a Hundred 53</ITEM>
<ITEM><HI>Di&s;charge</HI> to the Sheriff (for a Pri&s;oner) from him to whom the Pri&s;oner is indebted 275</ITEM>
<ITEM>Another <HI>ibid.</HI></ITEM>
<ITEM><HI>Declarations</HI> in debt 88</ITEM>
<ITEM>Executor again&s;t an Executor <HI>ibid.</HI></ITEM>
<ITEM><PB REF="235">
&V;pon a Bill to be paid at the day of Marriage, and i&s;&s;ue upon it 89 90 91</ITEM>
<ITEM>&V;pon retainder for &s;heoing of hor&s;es 91</ITEM>
<ITEM>&V;pon an Accompt 92</ITEM>
<ITEM>Money lent by joynt partners for a certain time, and to be paid to the &s;urvivor <HI>ibid.</HI></ITEM>
<ITEM>For rent in arrear 93</ITEM>
<ITEM>For &s;ervants wages 94</ITEM>
<ITEM>For not &s;etting forth of Tithes <HI>ibid.</HI></ITEM>
<ITEM>&V;pon an award 95</ITEM>
<ITEM>For Attorneys Fees 96</ITEM>
<ITEM>&V;pon a Lea&s;e for Tithes 97</ITEM>
<ITEM>&V;pon a Bond, where one is bound to two, and one dies before the commencement of the Suite 98</ITEM>
<ITEM>Another upon the &s;ame <HI>ibid.</HI></ITEM>
<ITEM>&V;pon a Bond for an Executor again&s;t Si&s;ters as Co heirs, one of them being married 99</ITEM>
<ITEM>&V;pon a Bond again&s;t an Admini&s;trator during the minority of the Executor of an Executor 100</ITEM>
</LIST>
<LIST>
<HEAD>F</HEAD>
<ITEM><HI>FIeri facias</HI> again&s;t an Executor 44</ITEM>
<ITEM>&V;pon a non &s;uit for co&s;ts <HI>ibid.</HI></ITEM>
<ITEM>&V;pon a Verdict for the Defendant 45</ITEM>
<ITEM>After a <HI>Scire facias</HI> again&s;t an Admini&s;trator, upon a Verdict had again&s;t the inte&s;tate <HI>ibid.</HI></ITEM>
<ITEM><HI>Fine</HI> (in Court-Baron) de&s;ired for re&s;pite of &s;uit to be done 382</ITEM>
</LIST>
<LIST>
<HEAD>G</HEAD>
<ITEM><HI>GRant</HI> of a Bayliwick 348</ITEM>
<ITEM><HI>Grant</HI> of a Steward&s;hip 341</ITEM>
</LIST>
<LIST>
<PB REF="236">
<HEAD>I</HEAD>
<ITEM><HI>INdor&s;ement</HI> of &s;uch writs as are turned over to the new Sheriffe by the old Sheriffe 160</ITEM>
<ITEM><HI>Indenture</HI> by a high-Sheriff, deputing one to be his under-Sheriff 237</ITEM>
<ITEM>Another 246</ITEM>
<ITEM><HI>Indenture,</HI> for the &s;etting over of Pri&s;oners and Writs between two Sheriffs 261</ITEM>
<ITEM>Indenture for the Knights of the Parliament 262</ITEM>
<ITEM>Indenture upon choo&s;ing a Burge&s;&s;e to &s;erve in Parliament 263</ITEM>
<ITEM>Indenture of Covenants to a Sheriff to &s;ave him harmle&s;&s;e for returning of a <HI>Deva&s;tavit</HI> a|gain&s;t an Executor 272</ITEM>
<ITEM><HI>Inqui&s;ition</HI> in man-&s;laughter 299</ITEM>
<ITEM><HI>Inqui&s;ition</HI> in man&s;laughter, where one was &s;tarved, and peri&s;hed for want of &s;u&s;tenance 301</ITEM>
<ITEM>Inqui&s;ition where one is &s;lain by misfortune by a Cart loaden with hay 303</ITEM>
<ITEM>Inqui&s;ition where one by misfortune is &s;lain by the fall of a &s;caffold 304</ITEM>
<ITEM>Inqui&s;ition where one drowns him&s;elfe 305</ITEM>
<ITEM>Inqui&s;ition, where one hangs him&s;elfe <HI>ibid.</HI></ITEM>
</LIST>
<LIST>
<HEAD>L</HEAD>
<ITEM><HI>LIberate,</HI> To deliver goods taken upon ori|ginal or mean proce&s;&s;e 50</ITEM>
<ITEM><PB REF="236">
<HI>Lea&s;e</HI> and Surrender made in Court with the examination of the Wife 385</ITEM>
<ITEM><HI>Lea&s;e</HI> made by the Lord of parcel of his Lands, 388</ITEM>
<ITEM><HI>Licence</HI> by a Lord of a Manner to a Copyholder to pull down hou&s;es &s;tanding upon Copyhold lands 390</ITEM>
<ITEM><HI>Letter</HI> of Attorney to &s;urrender a Copyhold <HI>ibid.</HI></ITEM>
</LIST>
<LIST>
<HEAD>O</HEAD>
<ITEM><HI>OAth</HI> of the Jury in the County-Court, and of the witne&s;&s;es 24</ITEM>
<ITEM>Oath of the Coroner 51</ITEM>
<ITEM>Oath of an Attorney in the County Court 52</ITEM>
<ITEM>Oath of the <HI>Sheriff</HI> 235</ITEM>
<ITEM>Oath of the Foreman of a Coroners Inque&s;t 289</ITEM>
<ITEM>Oath of witne&s;&s;es before the Coroner 291</ITEM>
<ITEM>Oath of the Foreman of the Inque&s;t in a Court-Leet 318</ITEM>
<ITEM>Oath of a Steward in a Leet 344</ITEM>
<ITEM>Oath of the Bayliffe in a Leet <HI>ibid.</HI></ITEM>
<ITEM>Oath of a Con&s;table in a Leet 345</ITEM>
<ITEM>Oath of the Affeerer in a Leet 346</ITEM>
<ITEM>Oath of the Aleta&s;ter, &amp;c. <HI>ibid.</HI></ITEM>
<ITEM>Oath of the Hayward, Beadle, or Greve 347</ITEM>
<ITEM>Oath of the Foreman of the Inque&s;t in a Court-Baron 343</ITEM>
<ITEM>Oath of the Bayliffe of a Mannor 374</ITEM>
<ITEM><HI>Obligation</HI> upon a Replevin 41 42</ITEM>
<ITEM><HI>Obligation,</HI> for an appearance in the County Court 52 53</ITEM>
<ITEM><PB REF="237">
<HI>Obligation</HI> entred to a Sheriff for ones appear|ance in the Common Bench 271</ITEM>
<ITEM>Another in the &V;pper-Bench <HI>ibid.</HI></ITEM>
<ITEM><HI>Order</HI> of the Judges of A&s;&s;ize at <HI>York,</HI> concer|ning e&s;&s;oins illegally returned into the County Court 56</ITEM>
</LIST>
<LIST>
<HEAD>P</HEAD>
<ITEM><HI>PLeas,</HI> He owes nothing 133</ITEM>
<ITEM>He made no &s;uch promi&s;e, and Replication <HI>ibid.</HI></ITEM>
<ITEM>He made no &s;uch promi&s;e within &s;ix yeares <HI>ibid.</HI></ITEM>
<ITEM>Never Executor 134</ITEM>
<ITEM>Fully admini&s;tred, and Replication <HI>ibid.</HI></ITEM>
<ITEM>Not guilty 135</ITEM>
<ITEM>Bar, by which in age <HI>ibid.</HI></ITEM>
<ITEM>Payment upon a Bill, and a Relea&s;e produced <HI>ibid.</HI></ITEM>
<ITEM>Free-hold 136</ITEM>
<ITEM>No action to cau&s;e one to render an accompt, will lie in this Court <HI>ibid.</HI></ITEM>
<ITEM>In arre&s;t of Judgment <HI>ibid.</HI></ITEM>
<ITEM>Conditions performed, and Replication 137 138</ITEM>
<ITEM>Rejoynder <HI>ibid.</HI></ITEM>
<ITEM>Detain he doth not <HI>ibid.</HI></ITEM>
<ITEM>Bar by a generall acquittance, and replication <HI>ibid.</HI></ITEM>
<ITEM>Ju&s;tification of &s;candalous words 139</ITEM>
<ITEM>Tender of amends in Replevin <HI>ibid.</HI></ITEM>
<ITEM>Part of the debt paid, the re&s;idue tendered be|fore
<PB REF="237">
&s;uit, and refu&s;ed, and Replication 140 141</ITEM>
<ITEM>Not his Deed 141</ITEM>
<ITEM>By threats, and Replication <HI>ibid.</HI> and 142</ITEM>
<ITEM>By hardne&s;&s;e of impri&s;onment, and Replication <HI>ibid.</HI></ITEM>
<ITEM>The a&s;&s;ault made by the Plaintiff, and Repli|cation 143</ITEM>
<ITEM>The Defendant pleadeth the Plaintiff within age to bring his Action; and &s;hould have brought it by Guardian, and not by Attorney 144</ITEM>
<ITEM>To a tre&s;pa&s;&s;e in walking not guilty, and as to the re&s;idue of the trespas, tender of amends, and Replication, and Rejoynder 144 145</ITEM>
<ITEM>Mi&s;nomer in Bapti&s;m pleaded in abatement of the writ of <HI>Ju&s;ticies</HI> 146</ITEM>
<ITEM>Plea in abatement, for that the Plaintiff hath one name in the writ, and another in the De|claration <HI>ibid.</HI></ITEM>
<ITEM>The Defendant ju&s;tifies, for hor&s;e meat not &s;a|tisfied, in an&s;wer to a Declaration in trover for the &s;ame hor&s;e 147</ITEM>
<ITEM>The Defendant plead leaves and liberty granted to him by the Plaintiff, to enter and feed his cattle 148</ITEM>
<ITEM>The Defendant ju&s;tifies (in replevin) the taking of the cattle for rent in arrear 149</ITEM>
<ITEM>The Defendant &s;aith that the goods were taken as a pawn or pledge for money lent 150</ITEM>
<ITEM>Replication that he took them <HI>injuria &s;ua pro|pria,</HI> without &s;uch a cau&s;e 151</ITEM>
<ITEM>Concord in a&s;&s;ault and battery <HI>ibid.</HI></ITEM>
<ITEM><PB REF="238">
Replication, No &s;uch concord or agreement made 152</ITEM>
<ITEM>The Defendant &s;aith, that as to the taking of the Oxe, that he tooke it by the name of an Herriot <HI>ibid.</HI></ITEM>
<ITEM>Ju&s;tification in tre&s;pa&s;&s;e for want of reparation of the hedges by the Plaintiffe 153</ITEM>
<ITEM>The Defendant ju&s;tifies (upon a Replevin) the taking of the Cattel, doing damage-fea&s;ant 154</ITEM>
<ITEM>Mi&s;nomer in the writ of <HI>Ju&s;ticies ibid.</HI></ITEM>
<ITEM><HI>Non cepit</HI> to a Replevin 155</ITEM>
<ITEM>Poverty <HI>ibid.</HI></ITEM>
<ITEM>Demurrer <HI>ibid.</HI></ITEM>
<ITEM>Joyning in Demurrer 156</ITEM>
<ITEM><HI>Pre&s;entment</HI> (in a Leet) of petty Trea&s;on 342</ITEM>
<ITEM><HI>Pre&s;entment</HI> of felony for burning a hou&s;e 343</ITEM>
<ITEM><HI>Pre&s;entment</HI> of a Felon <HI>ibid.</HI></ITEM>
<ITEM>Pre&s;entment of an Acce&s;&s;ary <HI>ibid.</HI></ITEM>
<ITEM><HI>Pre&s;entments</HI> in Court-Baron 375</ITEM>
<ITEM>The finding of the death of a Tenant, and of a <HI>Surrender</HI> made to the u&s;e of his will, with an admi&s;&s;ion of the Tenant according to the will <HI>ibid.</HI></ITEM>
<ITEM>The finding of the death of a Tenant 376</ITEM>
<ITEM>Pains found, and &s;et upon tenants for want of &s;uit of Court <HI>ibid.</HI> &amp; 377</ITEM>
<ITEM>The pre&s;entment of a <HI>Surrender</HI> made out of Court into tenants hands, with the admi&s;&s;ion of the tenant accordingly 377</ITEM>
<ITEM>The finding of a <HI>Surrender</HI> made into tenants hands, to the u&s;e of a mans will 378</ITEM>
<ITEM><PB REF="238">
The finding of the death of a tenant, and of the lands, and that the younge&s;t &s;on is next heir, according to the cu&s;tom, &amp;c. with his admi&s;|&s;ion <HI>ibid.</HI></ITEM>
<ITEM>The finding of a &s;ale made of Freehold lands, with a di&s;tre&s;&s;e to the Bayliffe to di&s;train for want of taking it up 379</ITEM>
<ITEM>The acknowledgement in the Court of a Legacy paid <HI>ibid.</HI></ITEM>
<ITEM>A pre&s;entment of a Surrender made out of Court with the admi&s;&s;ion of the tenant 380</ITEM>
<ITEM>A pre&s;entment made in Court of an agreement made between the Son and his mother touch|ing her Dower, and the mothers relea&s;e of her Dower 381</ITEM>
<ITEM>A pain &s;et for an incroachment <HI>ibid.</HI></ITEM>
<ITEM>A pain &s;et for the amending of the &s;ame <HI>ibid.</HI></ITEM>
<ITEM>A pre&s;entment for an offence done, and a charge to the Jury to enquire, and further day gi|ven for giving their Verdict 382</ITEM>
</LIST>
<LIST>
<HEAD>R</HEAD>
<ITEM><HI>REplevin</HI> 39 132</ITEM>
<ITEM><HI>alias</HI> Repl. 40</ITEM>
<ITEM><HI>Plures</HI> Repl. <HI>ibid.</HI></ITEM>
<ITEM><HI>Return</HI> of a Tolt 43</ITEM>
<ITEM><HI>Return</HI> of a <HI>Recordare fac. Lo.</HI> 58 59
<LIST>
<ITEM>of a <HI>Pone</HI> 59 60</ITEM>
<ITEM>of a writ of <HI>Fal&s;e judgment</HI> 61 62 63</ITEM>
<ITEM>of an <HI>Accedeas ad curiam</HI> 65 66</ITEM>
<ITEM>of a Writ for the Election of a Coroner after the death of another 66</ITEM>
<ITEM><PB REF="239">
of an <HI>Exigent</HI> 66 67 68</ITEM>
<ITEM>of a <HI>Proclamation</HI> 69</ITEM>
<ITEM>of a <HI>Non e&s;t inventus</HI> 197</ITEM>
<ITEM>of a <HI>Cepi corpus</HI> in the Common Pleas <HI>ibid.</HI></ITEM>
<ITEM>of a <HI>Cepi corpus</HI> in the &V;pper-Bench <HI>ibid.</HI></ITEM>
<ITEM>of a <HI>Cepi corpus</HI> and <HI>Non e&s;t inventus ibid.</HI></ITEM>
<ITEM>of a <HI>Cepi corpus</HI> and <HI>Languidus in pri&s;ona</HI> 198</ITEM>
<ITEM>of a <HI>Mandavi Ballivo libertatatis,</HI> where the Bayliff makes no returne of the Sheriffs warrant, or where he makes an in&s;uffi|cient return 198</ITEM>
<ITEM>and al&s;o where he returneth to the She|riffe, he hath taken the body, and the like, in ca&s;e the Bayliffe returneth a <HI>Lan|guidus in pri&s;ona,</HI> or as he &s;hall certified the Sheriff by his returne <HI>ibid.</HI></ITEM>
<ITEM>of a <HI>Scire facias,</HI> where a <HI>Scire facias</HI> is returned <HI>ibid.</HI></ITEM>
<ITEM>of a <HI>Nihil</HI> to a <HI>Scire facias ibid.</HI></ITEM>
<ITEM>of <HI>Scire facias</HI> for one, and <HI>Nihil</HI> for the other 199</ITEM>
<ITEM>of an Attachment and Proclamation in Chancery <HI>ibid.</HI></ITEM>
</LIST></ITEM>
<ITEM>A <HI>Nihil</HI> returned of a <HI>Venire facias</HI> upon an Indictment, pre&s;entment, or information, and &s;ummons returned of the like <HI>ibid.</HI></ITEM>
<ITEM>The Return of a <HI>Di&s;tringas nuper vic.</HI> or <HI>Balliv. ibid.</HI>
<LIST>
<ITEM>of a <HI>Venire facias jur.</HI> 200</ITEM>
<ITEM>of a <HI>Di&s;tringas,</HI> or <HI>Hab. corp. Jur. ibid.</HI></ITEM>
<ITEM><PB REF="239">
of an Exigent where one bringeth a <HI>Super|&s;ed.</HI> one rendereth him&s;elfe, the other appeareth not <HI>ibid.</HI></ITEM>
<ITEM>of a Proclamation 201</ITEM>
<ITEM>of an <HI>Allocat. ibid.</HI></ITEM>
<ITEM>of a <HI>Tarde ibid.</HI></ITEM>
<ITEM>of a <HI>Hab. corp.</HI> where the Defendant was ta|ken by a former Sheriff 202</ITEM>
<ITEM>of a <HI>Pone ibid.</HI></ITEM>
<ITEM>of a <HI>Scire fac.</HI> for the relea&s;e of Pri&s;oners <HI>ibid.</HI></ITEM>
<ITEM>of <HI>Nihil</HI> to a <HI>Scire fac.</HI> again&s;t the heir and ter-tenants <HI>ibid.</HI></ITEM>
<ITEM>of a Summons in Dower <HI>ibid.</HI></ITEM>
<ITEM>of a <HI>Cap. in manus</HI> in Dower 203</ITEM>
<ITEM>of a Summons upon an originall again&s;t an heir <HI>ibid.</HI></ITEM>
<ITEM>of a <HI>Habere facias po&s;&s;e&s;&s;ionem &amp; Cap.</HI> where judgement is &s;igned with co&s;ts <HI>ibid.</HI></ITEM>
<ITEM>of a <HI>Liberate</HI> out of Chancery 204</ITEM>
<ITEM>of an <HI>Acced. ad cur. ibid.</HI></ITEM>
<ITEM>of a <HI>Re. fa. lo. ibid.</HI></ITEM>
<ITEM><HI>averia elongat,</HI> and <HI>Cepi corp.</HI> for damages 205</ITEM>
<ITEM>of a Re&s;cous <HI>ibid.</HI></ITEM>
<ITEM>of a <HI>Deva&s;tavit</HI> 228</ITEM>
<ITEM>of a <HI>Nulla bona &amp; Deva&s;tavit</HI> by inqui&s;ition <HI>ibid.</HI></ITEM>
<ITEM>of a <HI>Fieri fac.</HI> 229</ITEM>
<ITEM>of a <HI>Fieri fac.</HI> where part of the debt is le|vied, and for the re&s;idue a <HI>Nulla bona</HI> 230</ITEM>
<ITEM>another of a <HI>Fi. fa. ibid.</HI></ITEM>
<ITEM><PB REF="240">
of a writ where the Sheriffe dieth after execution thereof, and &s;o returned <HI>prout indor&s;at.</HI> by the pre&s;ent She|riffe <HI>ibid.</HI></ITEM>
<ITEM>of an <HI>Elegit</HI> where lands are in the Kings hands 231</ITEM>
<ITEM>of an <HI>Extent</HI> in the Exchequer 232</ITEM>
<ITEM>of a <HI>Scire fac.</HI> again&s;t the heir and ter-tenants where notice is given 234</ITEM>
<ITEM>of a &s;ummons in Dower 235</ITEM>
</LIST></ITEM>
<ITEM><HI>Records</HI> upon a writ of <HI>Fal&s;e judgement</HI> and <HI>Accedeas ad curiam</HI> 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87</ITEM>
<ITEM><HI>Recognizance</HI> of a Coroner to binde witne&s;&s;e to appear at the next a&s;&s;izes 290</ITEM>
<ITEM>Relea&s;e of Lands made in a Court Baron 388</ITEM>
</LIST>
<LIST>
<HEAD>S</HEAD>
<ITEM><HI>SCire facias, po&s;t diem &amp; annum</HI> 47
<LIST>
<ITEM>again&s;t an Executor, after Judgement again&s;t the Te&s;tator <HI>ibid.</HI></ITEM>
<ITEM>after marriage 48</ITEM>
</LIST></ITEM>
<ITEM><HI>Subpoena,</HI> or a Warrant to &s;ummon wit|ne&s;&s;es 50</ITEM>
<ITEM><HI>Sale</HI> of Goods to the Plaintiffe levied up|on a <HI>Fieri facias</HI> by the Sheriffes Baliffe 53</ITEM>
<ITEM>Sale of Goods made by the Sheriffe by vertue of his Office 277</ITEM>
<ITEM><PB REF="240">
<HI>Surrender,</HI> and remi&s;e of Lands made in Court before the Steward, and the exa|mination of the Wife 383</ITEM>
<ITEM><HI>Surrender</HI> of Copyhold in Court, with the admi&s;&s;ion of the tenant accordingly 384</ITEM>
<ITEM><HI>Surrender</HI> and Lea&s;e made in Court with the examination of the wife 385</ITEM>
<ITEM><HI>Surrender</HI> of Lands made in Mortgage, up|on condition for the payment of money, with the admi&s;&s;ion of the Mortgagee by her Attorney, and the Fealty re&s;pited <HI>ibid.</HI></ITEM>
<ITEM><HI>Surrender</HI> of Lands made pre&s;ently in Court 387</ITEM>
</LIST>
<LIST>
<HEAD>T</HEAD>
<ITEM><HI>TOit</HI> 42</ITEM>
<ITEM><HI>Trover</HI> and Conver&s;ion 127</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e,</HI> for breaking down the Plaintiffs &s;tall, being &s;et up in the Market 129</ITEM>
<ITEM>For breaking the Plaintiffs clo&s;e <HI>ibid.</HI></ITEM>
<ITEM>For a Dog biting a Mare, &s;o that &s;he dyed 130</ITEM>
<ITEM>For cha&s;ing of hogs with dogs <HI>ibid.</HI></ITEM>
<ITEM>For pa&s;turing &s;heep in a rotten pa&s;ture, by rea|&s;on whereof they died <HI>ibid.</HI></ITEM>
<ITEM>For digging and plowing the Plaintiffs ground, and taking away his corn 131</ITEM>
<ITEM>For taking away a po&s;t <HI>ibid.</HI></ITEM>
<ITEM>For eating the gra&s;&s;e, cutting the hedges, and a&s;&s;aulting the Plaintiff <HI>ibid.</HI></ITEM>
<ITEM><HI>Tre&s;pa&s;s</HI> and <HI>a&s;&s;ault</HI> 132</ITEM>
<ITEM>A&s;&s;ault upon one at under age <HI>ibid.</HI></ITEM>
</LIST>
<LIST>
<PB REF="241" MS="y">
<HEAD>V</HEAD>
<ITEM>VEnditioni exponas 45 46</ITEM>
<ITEM>Venire facias Jurator. 49</ITEM>
</LIST>
<LIST>
<HEAD>W</HEAD>
<ITEM><HI>WArrant</HI> upon a Writ of <HI>Ju&s;ticies</HI> 39</ITEM>
<ITEM><HI>Warrant</HI> upon a <HI>Proclamation</HI> 51</ITEM>
<ITEM>Warrant of Attorney for an appearance in the County Court 52</ITEM>
<ITEM>Warrant upon <HI>Accedeas ad Curiam</HI> 64</ITEM>
<ITEM>Warrant of a Coroner for the impannelling of a Jury 288</ITEM>
<ITEM>Warrant to &s;ummon a Leet 316</ITEM>
<ITEM><HI>Withernam</HI> 40</ITEM>
<ITEM><HI>Alias capias in Withernam</HI> 41</ITEM>
</LIST>
<TRAILER>FINIS.</TRAILER>
</DIV2>
</DIV1>
<DIV1 TYPE="publisher's advertisements">
<PB REF="241" MS="y">
<HEAD>Courteous Reader,</HEAD>
<P><HI>The&s;e Books following are Printed for</HI> John Place, <HI>and are to be &s;old at his Shop at</HI> Furnivals-<HI>inne Gate in</HI> Holborn.</P>
<DIV2 N="folio" TYPE="publisher's advertisement">
<HEAD>Books in Folio.</HEAD>
<LIST>
<ITEM>1. THe Hi&s;tory of the World, by Sir <HI>Walter Raleigh,</HI> Knight.</ITEM>
<ITEM>2. Ob&s;ervations on <HI>Cae&s;ars</HI> Commentaries, by Sir <HI>Clement Edmunds,</HI> Knight.</ITEM>
<ITEM>3. <HI>Sheppards</HI> Epitomy of the Law.</ITEM>
<ITEM>4. The Reports of the learned Judge <HI>Popham,</HI> &s;ometime Lord chie&s;e Ju&s;tice of <HI>England.</HI></ITEM>
<ITEM>5. The Reports of the Learned Judge <HI>Owen,</HI> chiefe Iu&s;tice of the Common Pleas</ITEM>
<ITEM>6. <HI>Londinopolis,</HI> or a Hi&s;tory of the Cities of <HI>London</HI> and <HI>We&s;tmin&s;ter,</HI> by <HI>James Howell.</HI></ITEM>
<ITEM>7. The Hi&s;tory of <HI>Swedes, Goths,</HI> and <HI>Vandals,</HI> by <HI>Olaus Magnus</HI> Bi|&s;hop of <HI>&V;p&s;all.</HI></ITEM>
<ITEM>8. The Reports of the learned Sarjeant <HI>Bridgeman.</HI></ITEM>
<ITEM>9. <HI>Cowells</HI> Interpreter of hard words in the Law, <HI>&amp;c.</HI></ITEM>
<ITEM>10. Maximes of Rea&s;on, or the Rea&s;on of the Common Law, by <HI>Edward Wingate</HI> E&s;quire, late one of the Benchers of <HI>Grays-Inne.</HI></ITEM>
<ITEM>11. The Hi&s;tory of <HI>Edward</HI> the Fourth, of the Wars between the Hou&s;es of <HI>York</HI> and <HI>Lanca&s;ter,</HI> by <HI>W. H.</HI> E&s;quire.</ITEM>
<ITEM>12. The Mini&s;ter of State, wherein is &s;hewed the true u&s;e of Poli|cy, by <HI>Mon&s;ieur de Siton,</HI> Secretary to Cardinal <HI>Richlew,</HI> Engli&s;hed by Sir <HI>Henry Herbert</HI> Knight.</ITEM>
</LIST>
</DIV2>
<DIV2 N="quarto" TYPE="publisher's advertisement">
<HEAD>Books in Quarto.</HEAD>
<LIST>
<ITEM>1. The Compleat Clerk, or Scriveners Guide, containing the Draughts of all manner of Pre&s;idents, of A&s;&s;urances, and In&s;truments now in u&s;e, as they were penned by the mo&s;t eminent Lawyers.</ITEM>
<ITEM>2. Commentaries on the Original Writs, in <HI>Natura brevium.</HI></ITEM>
<ITEM>3. An exact Abridgment of the Common-Law, with the Ca&s;es thereof, drawn out of the old and new Books of the Law: both by <HI>William Hughes</HI> of <HI>Grays-Inne,</HI> E&s;quire.</ITEM>
<ITEM>4. An exact Abridgment of the Acts &amp; Ordinances of Parl. begin|ing at the fourth year of King <HI>Charls,</HI> to the year 1656.</ITEM>
<ITEM>5. Declarations and Pleadings, <HI>&amp;c.</HI> in the Upper-Bench. by <HI>Will. Small</HI> of <HI>Furnivals Inne,</HI> late one of the Clerks in the Upper-Bench.</ITEM>
<ITEM>6. Declarations, Counts and Pleadings in the Common Pleas, by <HI>Ric. Brownlow</HI> <ABBR>E&s;q</ABBR> late Prothonotary: The &s;econd part.</ITEM>
<ITEM><PB REF="242">
7. <HI>Regni argumenta Con&s;ilii,</HI> or a collection of Authentick Argu|ments in Parliament, humbly pre&s;ented to the view and u&s;e of this pre&s;ent Se&s;&s;ion.</ITEM>
<ITEM>8. The floating I&s;land, by Dr. <HI>Strowd,</HI> acted at <HI>Oxford.</HI></ITEM>
<ITEM>9. The Tragedy of the fair <HI>I ene</HI> the Greek, by <HI>Gilbert Sumhoe</HI> <ABBR>E&s;q</ABBR></ITEM>
</LIST>
</DIV2>
<DIV2 N="octavo" TYPE="publisher's advertisement">
<HEAD>Books in Octavo.</HEAD>
<LIST>
<ITEM>1. The Iuri&s;diction of Courts, by <HI>John Kitchin of Barnards</HI> Inne.</ITEM>
<ITEM>2. Books of Entries of all manner of Judgments in the Upper-Bench and Common-Pleas.</ITEM>
<ITEM>3. The Grounds and Maxims of the Law, by <HI>Michael Haulk</HI> of the <HI>Middle Temple.</HI></ITEM>
<ITEM>4. A perfect Guide for a &s;tudious young Lawyer, by <HI>Thomas Fidell</HI> of <HI>Furnivals</HI> Inne Gent</ITEM>
<ITEM>5. The Arraignment of the Anabapti&s;ts, in a Di&s;pute at <HI>Aber|gavenny</HI> in <HI>Monmouth&s;hire,</HI> by <HI>Iohn Cragge</HI> M. A.</ITEM>
<ITEM>6. A Cabinet of Jewels, wherein Gods Mercy, Mans mi&s;ery, <HI>&amp;c.</HI> is &s;et forth in S Sermons, with an Appendix of the nature of Tithes, and expedience of Marriage, by a lawful Mini&s;ter, by <HI>Iohn Cragge,</HI> M. A.</ITEM>
</LIST>
<LIST>
<ITEM>1. The Abridgment of the Lord <HI>Dyers</HI> Reports, by Sir <HI>Tho. Ireland.</HI></ITEM>
<ITEM>2 Ob&s;ervations on the Office of a Lord Chancellor, by the Lord <HI>El&s;emore,</HI> late Lord Chancellor.</ITEM>
<ITEM>3. The Laymans Lawyer, or the &s;econd part of the Practick part of the Law, by <HI>Tho. Fo&s;ter,</HI> Gent.</ITEM>
</LIST>
<LIST>
<ITEM>1. The Laws of Corporations, Fraternities, and Guilds, by <HI>W. Sheppard</HI> Sarjeant at Law.</ITEM>
<ITEM>2. Tran&s;actions of the High Court of <HI>Chancery,</HI> by <HI>W. Tochel.</HI></ITEM>
<ITEM>3. <HI>Brooks</HI> Ca&s;es in Engli&s;h, by <HI>I. Mar&s;h</HI> of <HI>Grayes</HI> Inn Barre&s;ter.</ITEM>
<ITEM>4. Poems by <HI>Matthew Steven&s;on.</HI></ITEM>
<ITEM>5. <HI>Perkins</HI> of the Lawes of <HI>England.</HI></ITEM>
<ITEM>6. An exact Abridgment of <HI>Doctor</HI> and <HI>Student.</HI></ITEM>
<ITEM>7. Invi&s;ible World, and the My&s;tery of Godline&s;&s;e.</ITEM>
<ITEM>8. Impo&s;ition of Hands: both by <HI>Io&s;eph Hall</HI> Bi&s;hop of <HI>Norwich.</HI></ITEM>
<ITEM>9. <HI>Clara&s;tella,</HI> by <HI>R. Heath,</HI> E&s;quire.</ITEM>
<ITEM>10. Doctor <HI>Pre&s;tons</HI> Saints Infirmities.</ITEM>
<ITEM>11. A Catechi&s;m, containing the Principles of Chri&s;tian Religion, written by <HI>Mo&s;es Wall.</HI></ITEM>
<ITEM>12 The whole Survey of a Ju&s;tice of Peace his Office, by <HI>W. S.</HI> Sarjeant at Law.</ITEM>
</LIST>
</DIV2>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BACK>
</TEXT>
</EEBO>
</ETS>
