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Pacis Conſultum: A DIRECTORY To the Publick Peace: Briefly deſcribing, The Antiquity, Extent, Practice and Juriſdiction Of ſeveral Countrey-Corporation-Courts; Eſpecially, The Court Leet. An Exact and Perfect Method to keep a Court of Survey for the ſetting forth and bounding of the Mannors, Lands, and Tenements; with the Articles to be therein given in charge: a work moſt uſeful: of which Subject, never was any thing printed before. An Abſtract of the Penal Statutes, uſeful for all men to know. Alſo ſome difficult Queſtions in Law, propoſed unto, and reſolved

By Judge Jenkings.

Printed at London, by J. C. for H. Fletcher, at the three gilt-cups, neer the weſt-end of Pauls 1657.

To the READER.

Reader,

IF any actions of men may be though praiſe worthy; certainly it muſt be their endeavours for the publicke good; and above all, the preſervation of the common Peace, and propriety of meum and tuum, one amongſt another; for which end and aim only, the Law was ordained; and to that very intent and purpoſe, was this enſuing Treatiſe compoſed; not thereby to gain applauſe, but that others may by it reap profit.

For if the Country-Courts were duely kept as they ought to be, both Court-Leet and Court-Baron in every Mannor, the common people need not ſo complain for the want of due Adminiſtration of Juſtice, as they do; nor be forced to ſeek ſo far, and trouble the Superior Courts with ſo many petty Actions, wherein the damage can never countervail the charge.

And for the Court of Survey, as there is nothing more neceſſary, ſo would it appear in the end, there can be nothing more profitable: if the Lords and Tenants would agree together in their ſeveral Mannors, and cauſe Surveys and Terrars to be made of every one's Eſtate, with the Title; and this keep as a Record amongſt themſelves; thouſands of tedious Suits, touching Titles of Land, to the undoing of many Families, might be avoided, and the right Heir and Owner peaceably enjoy his own, if this courſe were taken but once in an age.

I the rather put down the Abſtract of Penal Statutes, becauſe of the daily breach of them, to direct thoſe that will, how to puniſh the Offenders: and the voluminous bulk of the Statutes themſelves come not to the view of every one. Gratefully therefore take this ſmall Branch, every one that wiſhes well to the Peace of Engliſh Sion; for the Head and Members whereof, remains a daily Orator,

27 April, 1657.

Ph. Ag.

Courteous Reader, Theſe books following are printed for, and ſold by Henry Fletcher, at the three Gilt-Cups in St. Pauls Church-yard neer the Weſt-End.

A Diſpenſatory, with the whole Body of Phyſick: wherein is diſcovered the Natures, Properties, and Vertues of Vegetables, Minerals, and Animals; by the learned Renodaeus, chief Phyſitian to the King of France: Engliſhed and reviſed by Richard Tomlinſon of London, Apothecary: in Fol.

A Martyrology, containing a Collection of all the Perſecution that hath befallen the Church of England ſince the firſt Plantation of the Goſpel to the end of Queeh Maries Reign; with the Lives of many Eminent Perſons: by Samuel Clearck. Fol.

An Explication of the 110 Pſalm: wherein the ſeveral heads of Chriſtian Religion therein contained, are largely explained and applied: by Edward Reynolds D. D: 4^0.

A plain and eaſie Caleulation of the Name, Mark and Number of the〈◊〉of the Beaſt, by Nathanie•Ste•e•••••niſter in Leiſterſhire: a learned〈◊〉in 4^0.

Paracti••his Chymical Tranſ••••ation of Metals and Minerals, with the Experiments of Raymund Lully, containing the right Compoſition of both Elixirs: in 8^0.

Enchiridion of the Art of Phyſicks by John Sadler, D. in Phyſick: 8^0.

Time well improved, or Meditations on Heavens glory, Earths vanity, and Hells horror, with Prayers for moſt••caſtent: and other verſes uſed by the Bell man of London; 12^0.

England's Balm, or P••p•fals by way of Grievance and Remedy, to the Lord Protector and Parliament, for a Regulation of the Law by William Sheppard, Sergeant at Law: in 8^0.

Playes. The old Law; by Middleton in 40. Acteon and Diana, acted many times lately at the Red-Bull, in 4^0. both new.

The Antiquity, Extent, and Power OF Court-Leets; And the form of keeping them.

IF Antiquity may offer it ſelf in plea for Authority, then good cauſe hath this Court to challenge equality, if not preheminence above any in the Commonwealth of England: for it was eſtabliſhed long before the Conqueſt, and in thoſe days held Plea of all matters in difference either for meum and tuum, the two greateſt Adverſaries in the world, or pro placitis Coronae, which intends generally the keeping of common peace and welfare in a Nation, which is the crown, and dignity thereof; and the breach thereof is aptly2 called Crimen leſae Majeſtatis.

And ſo duely and impartially in thoſe days were the Liberties and Laws of this Court obſerved, that it is yet, and ever wil be recorded amongſt our Legenda aurea; that in thoſe days a child might travel ſafely in the Road with a bag of gold, without danger; and then the Ways were more dangerous in regard of woods; being more full of Woods, but I think not ſo well ſtored with Thieves as now; ſo that we have deſtroyed the one, and yet in too much plenty reſerved the other.

But to avoid digreſſions, and prolixity toe, we ſhall proceed to the formality of proceeding in a Court-Leet as now it is: and by the way, obſerve, that all manner of Crimes, from the higheſt Treaſon, to the loweſt Treſpas, are here enquirable, though not puniſhable; of which in order you ſhall have a perfect deſcription.

A Court-Leet is at moſt kept but twice a year, in ſome places but once, and in ſome lazie Lordſhips not at al, but left as a thing obſolete and uſeleſs

The manner thereof is, firſt about fourteen days before the Court is to be kept,3 for the Bayliff to give notice thereof by vertue of a Precept to be by the Steward of the Court pro tempore exiſtente to him directed; which uſually runs after this form.

The Summons for a Court-Leet.

H•ſſ. A. B. Gent. Steward of the Mannor, or Hundred, or Leet aforeſaid To the Bayliff thereof, greeting: I command you, that you ſummon and warn all the tenants of the ſaid Mannor, as well reſidents as not reſidents, and all cuſtomary tenants of the Mannor aforeſaid, that they be before me at H. aforeſaid on Thurſday the 26 day of March next coming, to do their Suit unto the View of Frankpledge, and all things thereunto belonging, &c. Dated, &c.

Then the Steward ought to enter on the Court-Roll the Style of the Court; which is uſually after this manner.

The Entry of a Court-Leet, together with a Court-Baron.

H•ſſ. The view of Frank-pledge, with the Court-Baron of C. L. Eſq Lord of the ſame, there held the 20 day of March, &c. By A. B. Steward there.

Then make three Proclamations when you call the Court; and then a Proclamation for Eſſoi•s, and profers of Suit and P•ea: which if any be, enter them in the Court-Roll, and afterwards proceed to impanne•and ſwear the Jury for the Inqueſt. Swear firſt the Fore-man by himſelf, and then the reſt by two or three at a time. The Oath is uſually the ſame in ſubſtance, and not differing much in form from the Oath of the Fore-man to a grand Inqueſt in Aſſizes and Seſſions, and might be omitted: but leſt the young Tyroes might want it. I will in inſert the method thereof, thus:

The form of the Oath to the Fore man of an Inqueſt at a Court-Leet.

You ſhall diligently enquire, and truepreſentment5 make of all ſuch matters as ſhall be given you in charge: the councill for the Lord Protector (Commonwealth, King, or other Title of the ſupream Magiſtra•e as the Law commands) your fellows and your own, you ſhall well and truly keep: you ſhall not conceal any thing for favour, fear, promiſe, or affection, nor preſent any thing for lucre, hatred or malice; but in all•hings you ſhall preſent the truth, the whole truth, and nothing but the truth, according to your evidence ▪ So help you God, and by the contents of this Book.

The Oath of the reſt may follow, in this manner.

All ſuch Oath as A. B. your Fore-man hath taken on his part, you and every of you ſhall well and truly take, keep, and perform. So help you God.

This being done, and Proclamation made for every one to keep ſilence and give attention, the Steward is to proceed to give the Charge, which is to conſiſt of theſe particulars.

The Charge of a Court-Leet conſiſts of two parts: one is, things there to be enquired of, but not puniſh•ble there, and the other, ſuch offe•ces as are three preſentable, and puniſhable by Fine, Amerciament, &c.

Know then, that, to avoid needleſs circumſtances, we ſhall briefly tell you, that a very proper compariſon may be made between the diſpoſure of a Commonwealth and a natural Body, as between the Macrocoſmus and the Microcoſmus. The Commonwealth is a Politick Body, conſiſting of a head and members, the one ſubſervient to the other in his proper office, as the members of the natural body are; which maintains a mutual harmony, and a flouriſhing condition in the whole. But as the natural body is ſubject to infirmities ſo alſo is the Politick and muſt be purged, the one by the Phyſitian, the other by the Magiſtrate.

As in the natural body ſome diſeaſes are mortal, ſtriking at the head thereof; ſome cannot be cured but by Blood-letting; others ſo malignantly Gangreous, as the whole member muſt be cut off to preſerve the ſound part: ſo in the body Politick7 there are ſome mortal diſeaſes, ſtriking at the head, as Treaſons and Petty-treaſons, as ſhall now be declared; ſome deadly, wounding the members, as Murders, Manſlaughters, &c. ſome gangrenging, as Robberies, F•lonios, Bu•glaries, and the like, as follow.

Orderly then; to eſcape confuſion, we ſhal declare what offences are here at this Court-Leet enquirable and preſentable, and not here puniſhable, but are by the Steward to be certified to the next Aſſize or Seſſions of the County; and then what offences are here to be preſented, puniſhed and determined.

The firſt of all preſentable here, are High-treaſons and Petty-treaſons, which are diſeaſes ſtriking at the head, and thereby, if effected, to deſtroy the whole body.

Preſentment therfore is here to be made of all High and Petty Treaſons; which, together with ſome other crimes incurable but by taking off the peccant member, are to be ſet down in writing intended; one part whereof is to remain with the Steward and the other with the Jury, and is to be delivered to the Juſtices of Aſſize at the next general goal delivery holden for the8 County. Stamford; Pl. Coron. lib. 2. cap. 24, and Lambert Juſtice of Peace, lib. 4. cap. 6.

The Jury therefore is to enquire of all High-treaſons; that is, if any do compaſs, imagine, intend, or go about to procure the death of the Lord Protector, and do declare the ſame by word, writing, or any open act; or ſhall go about to make war againſt the ſaid Lord Protector and this Commonwealth; or ſhall adhere to, or hold intelligence with any of the Enemies of this Commonwealth: This is High-treaſon.

If any perſon ſhall counterfeit, clip, file, waſh, or otherwiſe counterfeit or falſifie any of the Coyn or Money of this Commonwealth, or the Coyn of any other Nation which is currant in this Commonwealth; this is High-treaſon, and enquirable here.

If any ſhall counterfeit the Privy Seal, Signet, or Signe Manual of the Lord Protector, the great Seal of England, or any of the mean Seals of the Common Pleas, Upper Bench, or Exchequer: Theſe are High-treaſons, and to be enquired of here as Felonies.

Petty-treaſons are, if any man kill his Maſter or Miſtreſs, or a woman her husband ▪ this is to be enquired of here as Felony.

In the next place follows an unnatural wicked Crime to be enquired of, and that is Murder. If any one ſhall out of malice prepenſed or fore-thought, kill another; this is wilful Murther.

Man-ſlaughter is alſo a ſpecies of Murder, and here to be enquired of: which is if two perſons fall out ſuddenly, without any prepenſed malice, and fight, and the one kill the other; the Defendant in this caſe ſhall have the book for his life, but loſeth his goods as in the caſe of Murder: ſo ſhall alſo the Defendant loſe his goods, which kills another ſe defendendo, or in his own defence: and the ſame Law is, if it be per infortunium by miſ-fortune: and this is here to be enquired of, as Bloodſhed.

Rape is alſo here to be enquired of; that is, if any man lie with, or carnally know any woman forcibly againſt her will, if ſhe exceed the age of ten years, although ſhe conſent afterwards; this is Felony by the Statute, 22 Edw. 4. And if10 there be any ayders or aſſiſters therin, they are alſo adjudged Raviſhers, as well as he that committed the act.

Carnally to know any woman child under the age of ten years, though ſhe do conſent, it is Felony.

But in Rape there muſt be Rem in re, penetration, as well as emiſſiô ſeminis; otherwiſe it is no Felony. A Jury ought to be very Carefull herein, and not find a bill upon any Sluts oath.

Adultery is alſo to be enpuired of as Felony. If any man carnally know anothers wife, and it be proved either by confeſſion or two witneſſes, it is Felony: but the confeſſion of one party is no evidence againſt the other, nor a husband againſt his wife, nor a wife againſt her husband.

The horrendum peccatum non nominandum of man with man, or with beaſt, is alſo Felony.

Defacing of a mans Phyſiognomy, as cutting off his noſe, putting out of eyes, or cutting out of a mans tongue, is Felony.

Robbery is alſo here to be enquired of; that is, if any one take any thing from the perſon of another violently, though it be but the value of a penny; it is Felony.

If one be purſued by another, & the perſon in his flight throw his purſe or any other goods into a buſh or other place, and the other comes and takes it, this is Felony as wel as if he took it from his body, becauſ he parts with his goods for fear of his life.

Burning of a houſe, or barn adjoyning to a houſe, is alſo Felony, and here to be enquired of. Burglaries are alſo here enquirable; that is, if any perſon do break any houſe, Church, wall or gate, in the nighttime feloniouſly, though he carry nothing out of the houſe, yet this is Felony, becauſe every mans houſe is his Caſtle wherein he ought to repoſe himſelf for his ſafety, and out of which he is not bound to flee.

If any one ſhall diſcharge a Piſtol or any Gun in at a window, this is Burglary.

Alſo, robbing of Churches or Chappels, and taking any of the ornaments or other goods out of the ſame, this is Felony.

Taking of Doves out of a Dove-houſe in the night-time feloniouſly, is Felony, and here to be enquired of.

Alſo, taking of young Pigeons of Goſshawks in their n•ſts; or taking of fiſh feloniouſly out of ponds or trunks, is felony; but if out of a River, it is but Trſpaſs.

Felonious taking of tame Dear, Swans marked, is alſo Felony.

Alſo, if any one receive a Felon, knowing of the Felony he hath done ▪ or if any reſcue any one that is taken for Felony, it is Felony, and here to be enquited of.

Acceſſaries are alſo here to be enquired of, which are of two ſorts, both in Felony and Murder: that is, an Acceſſary before, and an Acceſſary after the fact. An Acceſſary before is; if any one ſhall procure, command abet, or conſent to another to do a Felony, hough he be not preſen: when he doth it, yet he is acceſſary before the fact.

Acceſſary after the fact, is, when one conſenteth to it afterwards, either by receiving of the Felon or his goods, knowing them to be ſtollen.

Eſcapes are alſo here to be enquired of; which are of two ſorts, voluntary and negligent. Eſcape voluntary is, where one taketh another for Felony, and afterwards permits him to go at large whether he will: this is Felony.

A negligent Eſcape is, when one is arreſted for Felony, and afterwards eſcapas, through the negligence, though againſt the will of his Goaler or Keeper: and if he be13 not freſhly purſued and taken, before they loſe the ſight of him, the Goaler ſhall therefore ſuffer a Fine.

Petty Larceny is alſo here to be enquired of; which is the felonious taking of any thing under the value of 20 d as Hens, Geeſe Piggs; or pilfering things of ſmall value out of wincows: theſe things are here to be enquired of For theſe offences, The houſe of Correction were mere proper for the offendor, then the Goal and puniſhment uſed: & ſo likewiſe more ſatisfactorily might all Felonies be expiated by the Felons labour till reſtoration be made, then by death; For tex talion is, it the moſt juſt law in the world; bloud requires blood and nothing elſe; it is more precious then to be ſpilt as to often it is.

But while it is as it is, you are to enquire what Goods or Chattels, Lands and Tenements any Felon hath at the time of the Felony committed: for the perſons ſo offending forfeit their goods to the Lord of the Leer, and their lands are to eſcheat to the Lord of whom it is holden.

And thus mach concerning ſuch matters and offences as are to be enquired of and preſented a a Court-Leet, and to be certified to the Juſtices of Aſſize. In the next14 place follows ſuch things as are here to be preſented and puniſhed.

This being a Court of Record, here may be brought Informations upon all penal Statutes, or an action of Debt, at the election of the Plaintiff or Informer.

Offences of this nature in this Nation, do at this time too much abound; parly by the Ignorance of ſuch as would proſecure them, but know not the Law, nor the encouragement; and chiefly by the countenance of thoſe that ſhould take cognizance of them and puniſh them but they are more apt to incline to take the Delinquents part then the Proſecutors. Know therefore, that amongſt theſe Caterpilers of the Commonwealth, the Gameſter is the principal Verb: by which wicked practice, how many Families and perſons are utterly ruined! And yet none ſo much favoured and defended theſe.

But to prevent this deſtructive evill, the Law hath provided, that if any man ſhall keep, either in his houſe, yard, or backſide any playing, or ſufferany to play at Tables, Cards or Dice, Coits, Claſh, Loggets or Nine-pins, Shove-groat, otherwiſe called Slide-thriſt, or ſhall keep any Bowling-green15 or alley, and ſhall ſuffer any perſon to play therat, or at any other unlawfull game, either now invented, or to be invented; every ſuch perſon and perſons ſhal forfeit 40 s a day for every day wherein he kept ſuch gameing as aforeſaid: And all perſons that ſhall play at any ſuch games, forfeit every one the ſum of 6 s. 8 d. for every day that they ſhall play at any ſuch games as aforeſaid: one moyty of all ſuch Forfeitures ſhall go to the uſe of the Lord Protector, the other moyety to any perſon that will ſue for the ſame (non conſtat, what he is worth per annum, as ſome pretend) in any Court or Cours of Record, either by action of Debt, Bill of Indictment, Plaint, Suit, or Information; wherein no wager of Law, Eſſoyn or other protection is to be allowed the Defendant. Therefore in this Court, an Information, action of debt, or Plant, lies againſt gaming-houſes, and players therat, if any ſuch there be within the Juriſdiction of the Leet (as there are few places free from them) And the Jury is alſo to inquire of theſe offences, & preſent them.

In the next place, (and indeed, be ought to be a the upper end of the board) for he's the ringleader of all wickednes) comes16 Mr. Ale-houſe keeper, or Mr. Victualer, as he calls himſelf: This is one that is ſeldom guilty of one fault alone; yet he's ſo elevated with the vapours of his Ale, that he'll bid defiance to the law, and them that proſecute it: and many times the Conſtable, or him that is ſworn to preſent his Abuſes, dares not, becauſe out of the fluſhes of his eaſie gains, he lends him money.

But the Jury, at every Leet and other Inqueſt is ſworn to enquire and preſent, if any one ſell Beer or Ale without licenſe. It will not ſerve their turns, to pretend they are free Cooks, or free Inholders: for the ſtatute excuſes none. The puniſhment for an unlicenſed Alehouſe-keeper is at the diſcretion of the Judge or Juſtice, either by the thee Statute of 5 Ed. 6. wherein the penalty is 20 s. to the uſe of the poor (deducting a third part to the Informer, if it be by information) of the pariſh where the offence is committed; or in default of paiment thereof, the Ale Merchant is to be publickly whipt. Another penalty by the Statute of 3 Car. is three days Impriſonment without Bayl: and for Mainprize, and afterwards until he ſhall put in ſufficient ſecurity not to Victual any more without Licenſe.

Alſo, if any Alehouſe-keeper, litenſed or unlicenſed ſhall ſell Beer or Ale in unſealed Meaſures, a•Cans, ſtone-Juggs, black Pots or the like, or in any other unſealed Meaſures, or ſhall ſell leſs then a full Ale-quart of the beſt Ale or Beer for a peny, or take above a peny for a full ſealed quarr; he forfeits for every ſuch offence 20 s. one third part thereof to the proſecutor, and two parts to the poor of the Pariſh.

Honeſt then might well employ themſelves to puniſh theſe Offenders: and doing it impartially, without reſpect of perſons, may do much good to the Commonwealth, preventing theſe fellows from growing from bad to worſe, by putting their ill-gotten, gains to Uſury; maugre their calling of them Promoting knaves. And I doubt not but I ſhall have ſuch prayers as the Chaplains of their Calling nſe, for my pains.

If any Al-houſe keeper ſhall ſuffer any perſons to ſit tipling in his houſe above the ſpace of an hour ▪ he forfeits Ten ſhillings, and the Tiplers Ten groats a piece:

If any Alehouſe-keeper ſuffer any one to be drunk in his houſe, the Drunkard forfeits 5 s. the Alehouſe-keeper 10 s.

Every Alehouſe-keeper is to keep at leaſt one lodging-bed in his houſe, for the entertainment of Arangers: that is the intent of Alehouſes.

Neither is the Alehouſe-keeper to take any goods to pawn, of ſtrangers or wayfaring men; nor to entertain any ſuſpicious perſons, but to give notice thereof to the Conſtable or next Juſtice of peace.

Fore-ſtallers, Regrators, and Ingroſſors, are here alſo to be preſented or informed againſt.

If any one ſhall buy corn upon the ground, or other dead victuals, with an intent to ſell it again out of any Fayr or Market, he forfeits the value of the goods ſo bought, and two months impriſonment of his body, without Bayl or Mainprize.

There is alſo an Act of Parhament lately made concerning Corn and Meal, That if any perſon ſhall ſell or put to ſale any Meal or Flour, in his houſe or ſhop, or otherwiſe then in the open & publike Market; be forfeits the treble value of the Meal or Flour ſo ſold: one half of which forfeitures go to the poor of the Pariſh where the offence is committed; the other half to any one that will ſue for the ſame in any Court of19 Record by Information, Indictment, or Action of Debt. &c. And moreover; the Meal-man is to ſuffer impriſonment of his body the ſpace of one month, without Bayl or Mainprize.

If any one ſhall ſell wine without Licenſe, he forfeits five pounds a day for every ſuch offence; one half to the Protector, the other half to the Proſetutor.

If any one ſhall uſe any Art, Myſtery, or Manual Occupation, having not been brought up Apprentice thereunto by the ſpace of ſeven years, he forfeits fourty ſhillings a month for every month he ſhall ſo uſe it; one half of the Forfeiture to the Protector, the other to the Proſecutor.

If any perſon, of the age of ſixteen years or more, ſhall wilfully abſent himſelf from his Pariſh-Church, and ſhall not repair thereunto or ſom other lawful Pariſh-Church or Chappel, during the ſpace of a month, he forfeits for every month he ſhall ſo refuſe going to Church, and not having a lawful excuſe to the contrary, the ſum of 20 l. the Forfeiture to be divided in three equal parts; one third part thereof to go to the Lord Protector, the other third part to the Poor of the Pariſh where the offence is20 committed, and the other third part to the Informer; to be recovered in any Court of Record, by any perſon that will ſue for the ſame, by Action of debt, Indictment, Bill, Plaint, or Information. I ſee noreaſon why Anabaptiſts; and thoſe called Quakers and Rantors to, ſhould be exempted from the penalty of this Statute, any more then Papiſts. But further to proceed to our Charge.

The Jury is to enquire alſo, if all Conſtables, Headburroughs, Deoimers or Tythingmen, and all other Suitors that owe any Suit unto this Court, be preſent here or not, to do their Suit and Service; and to preſent the names of all that are abſent, or make default.

They are alſo to enquire if any Cuſtoms or Services due unto this Court be concealed or holden back, how or by whom the ſame are ſo detained; and in what Bayliffs time the ſame was; and preſent the ſame.

Enquiry is alſo to be made, if any Purpreſtures be made upon the land, wood, or water, with blocks, ſtaves, ditches, hedges, or by or with any other thing, manner or way done to the common annoyance of the people; and preſent it.

Alſo, if any Walls, Houſes, Pale•, or Hedges, be made or erected within the Juriſdiction of this Court, to the annoyance of the people: this is to be here preſented.

If any High ways, Waters, Ditches or Paths be turned aſide out of their andient courſes; this is to be enquired of, and preſented.

The Jury is alſo to enquire if any encroachments be made on the High ways, or upon any of the Lords ſoil or common, or one neighbour upon another; and preſent the ſame.

If any Layſtalls be made or any carrion be caſt in High-wayes; this is enquirable.

Common diſturbers of the peace, or ſuch as make Frays in diſturbance of the people or breach of the peace; this is to be preſented.

If there be any common Barretors within the juriſdiction of this Leet, common Scolds, or makers of debate, to the annoyance and diſturbance of their neighbours; this is enquirable.

Enquiry is alſo to be made of all Pound, breakers, ſuch as break the common Pound, to take any Diſtreſs out of the ſame; their names are to be preſented.

Alſo, the Jury is to enquire, if any perſons ſhall make any Outcries againſt the Law, (where no cauſe is) to the diſturbance of the people; and preſent their names.

Alſo if any Reſcous be made within the juriſdiction of this Court, upon the Sheriff, or any of his Bayliffs, or any other Officers, in the execution of their Office; this is to be enquired of and preſented.

Enquire alſo if any Eves-droppers, that is. ſuch as ſtand under walls, windows, at dors or other places, to hear the diſcourſe of others, and to carry tales thereof to others, thereby to make debate or ſtrife amongſt their neighbours; preſent their names ▪ All ſuch offenders are to put in good ſ•ourity for their good behaviour; the offence highly deſerving it.

Breakers of hedges, and ſuch as walk by night and ſleep by day, are here to be enquired of.

All ſuch as keep houſes of Bawdry, or ill orders in their houſes, to the breach o the peace, or diſturbance of their neighbours, their names are to be preſented.

All common hannters of Taverns or Ale houſes, having not viſible eſtates ſufficient to live upon, they are here to be enquired23 of, and preſented, that they may give an account by what means they live. And under this Article, being well and duly examined to the purpoſe, you will finde many Thieves and Gameſters; from which number, my hoſt himſelf is ſeldom to be excluded.

Alſo, if any go in any meſſuage for Thieves, knowing them to be Thieves, they are to be enquired of.

If any perſon have watered any Hemp or Flax in any river, running water, ſtream or brook, or common Pond. where cattel uſe to drink, they are to be enquired of: they forfeit for every ſuch offence 20 s. the one moyty to the party grieved, or any man that will ſue for the ſame in the Court-Leet, by Action of debt, Bill, Plaint, or Information.

But note, that if ſuch an offence be preſented by the Jury in a Court-Leet, the penalty cannot be levied, but the offender is there to be amerced, and the Amerciament eſtreated, and ſo levied: but it may be puniſhed in the Leet, upon the Action or Information of any perſon againſt the offender.

If any perſons have or uſe any falſe, counterfeit, or unſealed Weights, Scales or24 Meaſures; or if any uſe double or two ſorts of Weights or Meaſures, that is, one to ſell by, and another greater Weight to buy by, which is a deceit to the people; this is to be enquired of••n.

The Aſſize of Bread is alſo to be enquired of; and it wants diligent enquiry whether Bakers do make their bread of a due ſize according to the Statute, and the rate and price of corn; and preſent the defaulters.

Alſo, if Butchers, Fiſhmongers, or any other Victuallers, ſell any corrupt, or offer to put to ſale any corrupt or unwholeſome fleſh or fiſh, it is to be enquired of. Alſo, that all perſons that ſell Victuals, ſell the ſame at reaſonable prices, according to the price of the Market adjoyning: and they that ſell otherwiſe, and are thereof convicted, ſhall pay double what they receive, to the party that is damnified: this is therefore to be enquired of.

Euquity is alſo to be made of Hoſtiers, that they ſell not Hay or Oats but at reaſonable prices; and that they do not take for the buſhel of Oats but an half-penyover the common price in the Market; and that they take nothing for the Litter.

An Inne-keeper may bake his bread for horſes, in his houſe, in any thorowfare-Town, which is no City where any common Bakers dwell. Provided that he make the ſame according to the prices of grain: otherwiſe it is preſentable and puniſhable in Leet.

If any Millers take exceſſive Toll, they are to be enquired of. A Miller ought to take but the twentieth, or the four and twentieth grain, according to the cuſtom, or the ſtrength of the water.

Alſo, if any Miller change the corn or grain he hath ground, it is here enquirable and puniſhable.

If any Artificers uſe any deceit in their work to the deceiving of the people, it is here to be enquired of, and their names p•eſented.

Alſo, if any Conſtable, Ale-taſter, Bayliffs, or any other Officers within his juriſdiction of this Court, have not well and truly done their Officers, or neglected the ſame, it is to be enquired of and preſented.

Whether the Conſtables and Tythingmen have done their endeavors to ſee the peace kept, and duly to keep watch and ward as the Law requires; it is to be be enquired of here and preſented.

The Jury is alſo to enquire of Treaſuretrove; that is if any Money, or Plate, or other treaſure be found, that was hid in the ground, and no man knows the owner, that is, who hid the ſame; this is the King's, unleſs the Lord have it by a ſpecial Grant or Preſcription.

Enquiry is alſo to be made of Eſtrays; that is, if any Horſe, Piggs, Hoggs or other•attel, or Swans have come into this Lordſhip, and have been there a year and a day, and not claimed; then the ſame is the Lord's by Preſcription: but the ſame ought firſt to be impounded in a lawful Pound, and proclaimed in three Markets next adjoyning: and if one claim them, then they ſhall be ſeized, and ought to be put into ſome ſeveral land, which is open and publike, and not into any covert, or wood, where the owner cannot finde them: for if they be in covert the property is not changed, though they be there a year and a day

Waifs are alſo to be enquired after; that is to ſay, Whether any Thief upon Hue and Cry, purſuit or otherwiſe, doth waif his goods, that is, throw away or forſake his goods or any part thereof in his flight, ſuch27 goods are called Waifs, and the Lord of the Leet is ſeized thereof: therefore it ought to be enquired of, and preſented here at this Court. Alſo, if any Officer ſeize upon any Thieves goods, though there be no purſuit; in this caſe, the Lord of the Leet ſhall have theſe goods.

If any〈◊〉for Felony or Murder; that is, if any be indicted for Felony or Murder; though he be acquitted, yet if it be found that he fled for the fact, he forfeits his goods and chattels to the King, or to the Lord by Charter: and this is enquirable.

If any horſe or mare that is ſcabbed, mangie, or hath any infectious diſeaſe, be put into any Common or waft grounds; the owner thereof ſhall forfeit to the Lord of the Leet 10 s. this therefore is to be enquired of.

If any perſon be outlawed in Debt, Treſpaſs, or other perſonal Action, his goods are forfeited, and the King ſhall have them, unleſs they be granted unto the Lord by Ch•rter ▪ this is alſo here enquirable.

The Jury are alſo to enquire whether the common Fyne is duly gathered by the Bayliff or Headborough, and paid according to the cuſtom of the Court, and common

They are alſo to enquire whether there be within the Leet a Pilloty, and•umbrel, and Stocks, to puniſh offenders according to Law. In every town where there is a Leet, there ought to be Stocks; and in default thereof, the Town ſhall forfeit, 5 l.

If any Baker, Butcher, Brewer, Alehouſekeeper, or the like, dot ake exceſſive gain for their Victuals, or do promiſe, covenant or conſpire together, not to ſell Victuals but at a certain price, this is to be here enquired of and preſented.

Likewiſe, enquiry is to be made if any Artificers, Workmen•or Labourers have promiſed, covenanted, or conſpired together that they will not make or do their works but at a certain price, and not to finiſh what another hath begun, or that will do but certain work in a day; they are to be preſented, and puniſhed according to the Statnte of 24 H. 8, cap. 12.

Alſo, enquiry is to be made if any Tanner have put to ſale any Hide of Ox, Bul•or Cow, that is gaſhed or out: he ſhall forfeit for every Hide ſo ſold, 12. d. Alſo, no Curryer ought to curry any Leather in a Shoo•makers houſe, nor to curry any Leather that is evil tanned.

Enquiry is to be made in all Leets in Country-towns and Villages, if there be any Crow-nets to deſtroy Crows and Rooks, if they do not deſtroy the Crows neſts then they begin to breed: in default hereof, the Town is to be amerced.

You are alſo to enquire in the Leet, if any perſon hath by any means taken or killed the young Spawn or Fry of any Fiſh, in any ſtream, river, brook, floud-gate, or in the Tayl of any Mill; or whether any perſon hath taken in any of the ſaid places any Salmons or Trouts out of ſeaſon, or any Pikes not being in length ten Inches, or any Barbel not being in length twelve inches, or any Salmons not ſixteen inches, or Trouts not eight inches: all ſuch offenders are here to be enquired of, preſented and puniſhed.

The Jury ſhall alſo enquire, if any perſon ſhall either by day or by night break down the head or dam of any Pond, Pool or Moat, wherein the Lord hath fiſh, with an intent to ſteal or deſtroy the ſaid Fiſh; he ſhall pay to the Lord treble damages, and be impriſoned three months, and be bound to the good behaviour for ſeven years.

Hunters and ſtealers of Deer are here to be•nquired of and preſented.

No ſtone horſe, being of the age of two years, ſhall be put into any common, Foreſt, or Chaſe to paſture, except he be fourteen handfulls high, in pain to forfeit the ſaid horſe. Alſo, the ſaid Commons ought to be driven at Micha•lmas, or within fifteen days after, upon pain of 40 s. and if upon the ſam driving there be found any Mare Foal, or Gelding, not likely to be able to bear foals, or do other profitable ſervice, the ſame ſhall be ſlain and buried. 32 H. 8. cap 13.

You ſhall alſo enquire whether Hue and Cry, and freſh Suit be duly made and purſued, after Robbers and Felons, according to the Statute of Weſt••. 13 Ed. 1. cap. 2. For if any man be robbed in the day-time, and the Thief eſcape, and is not taken within fourty days after the Robbery, for lack of Hue and Cry, the Burrough or Hundred ſhall anſwer to the party for his damages. Alſo, if any perſon be killed in the day-time in a Town, & the Murderer or Manſlayer eſcape, the Townſhip ſhall be fined for his eſcape 18 Edw. 2.

If any perſons, to the number of twelve or above, ſhall make any unlawfull aſſembly,31 to break any Banks, Incloſures, Parks, Barns, Houſes, and ſuch like, and Proclamations be made by the Sheriff or Juſtice of Peace that they depart, and yet if they remain together an hour after ſuch Proclamation is made, every ſuch attempt is Felony.

Alſo, every Copy-holder, being a Yeoman, Husbandman or Labourer, of the age of 18 years, and under 60, not ſick, not having a reaſonable excuſe, and being required by the Juſtice, Sheriff &c. to apprehend ſuch riotous perſons as aforeſaid, and refuſe, ſhall forefeit his eſtate during life, and his Lord may enter. Alſo, the Farmer being a Yeoman, and refuſing, forfeits to his Landlord, and he may enter.

Alſo, it is Felony, if any perſon, without compulſion, bring, ſend or diliver any Money, Ammunition or Victuals to any perſon aſſembled in ſuch manner. Alſo, the Juſtice of Peace, or other Officer, may raiſe a power to ſuppreſs them. And if any Officer kill any ſuch Riotous or rebellious perſons, he ſhall go free.

And if any perſon know of any ſuch pretended rebellion, & do not openly declare the ſame within twenty, hours next32 after ſuch knowledge, he ſhall be impriſoned three months without Bayl or Mainprize: and alſo, he that hindereth Proclamation that it cannot be made, commits Felony.

If any ſhall trace in the Snow, kill or deſtroy any Hare or Leveret with dogs or otherwiſe, he ſhall forfeit 6 s. 8 d. 13 H. 8. cap. 11.

If any Jury ſworn and charged to enquire concerning theſe offences, do wilfully conceal the ſame, then the Steward hath authority to impannel and charge another Jury to enquire of ſuch concealment. And if ſuch concealment be found and preſented by the ſaid Jury, then every one of the firſt Jury ſhal forfeit for every concealment of every offence 20 s. one moyety thereof to the Lord of the Leet, the other moyety to any one that will ſue for the ſame by Action of debt, Bill, Plaint, Suit, or Information: wherein no wager of Law, Eſſoyn, or Protection is to be allowed. Provided the Suit be commenced within ſix months; otherwiſe the offender to be diſcharged thereof. 33 H. 6.16.

Stewards in Leets have power to enquire concerning the erecting of Cottages, and maintaining of Inmates, and to puniſh by33 Diſtreſs al offences committed againſt the Sta••te touching Inmates and Cottages. 31 Eliz cap. 7.

Stewards in Leets have alſo power to enquire, hear and determine all offences touching the making of Malt. 2 Ed. 6.16. Ed. 2.35. Eliz. 7.

Stewards in Count-Leets ſhall enquire of, hear and determine al offences committed within their Liberties againſt the Stature for the preſervation of Pheſants and Partridges. 23: Eliz. 6.23. Eliz 10.

Nevertheleſſe, with a ſalvo jure to all Corporations and Bodies Politick, of all their rights and priviledges, to enquire and puniſh any of the ſaid offences 1 Eliz. 17.35 Eliz. 7.

Articles to be given in charge to Conſtables and Headboroughs, at Leets and Seſſions both of Cities, Towns, and Country Corporations; moſt neceſſary for the preſervation of Peace, to which our preſent ſcope intends only: and this Direction well followed, will perfectly conduce thereunto, if ſuch a preſervative for the health of men can be attained unto under Heaven.

Therefore I ſay, Theſe enſuing Article ought ſpecially to be enquired of, returned and preſented by all Conſtables, Headboroughs, Tythingmen, Decimers and all ſworn officers, who are enjoyned by Oath to preſerve the Peace in their own perſons, and in all others as much as in them lies; then to diſcharge their own duties, let them, diligently obſerve and proſecute what follows, viz.

Inprimis, They are to enquire and return al ſuch perſons as ſhal continue tipling or drinking in any Innes or Alehouſes, at any time above the ſpace of an hour, and more eſpecially upon the Sabbath-days: and ſuch perſons as they ſhall find drunk, and alſo ſuch In keepers and Alehouſe-keepers as ſhall entertain them.

2. They are alſo to return the Names, Sirnames, Additions of Names and Qualities of all Popiſh Recuſants; (as wel houſkeepers, as Lodgers) dwelling or reſiding in any of their Pariſhes, Precincts, or Liberties.

3. The Names of ſuch perſons as ſhall profanely ſwear or curſe, with the number35 of their Oaths or Curſings immediately after the committing of ſuch offence.

4. Item, Such as uſe victualling or ſelling Beer or Ale without Licenſe.

5. Such perſons as ſuffer any unlawful Games in their houſes, backſides, or Gardens: and alſo the Names of any that ſhall play at any of the ſaid Games. This is a gangrene and ſpreading leproſie in this Commonwealth, a Vice abhorent to Chriſtianity; yet (the mores the pitty) moſt favoured by them that ſhould ſeek to ſuppreſs it, I mean, in plain Engliſh, the Profeſſors of the Law: inſomuch, that an honeſt cauſe ſhal never have any countenance or defence like one of theſe: and no perſons are ſo much vilified; nay, a Felon ſhall have more favor then a lawful Proſecutor, I mean an Informer againſt theſe Caterpillers: Sed tu domine uſque quo? But nolens, volens, (yet I hope to ſee the contrary), Mr. Alehouſe-keeper will be the beſt man; yet I hope to ſee the tide run the contrary way, if men could but once learn wit enough to know, That charity begins at home; The Alehouſekeeper knows it very well: he'll be ſure to look how the reckoning goes: and wiſe36 men will keep reckoning at home, and not let him keep it for them; knowing that two pence a day is above fifty ſhillings per annum, and out of two pence the Tapmerchant gets a penny. Then judge what he gets by all the Flyes he catches in his Web. Certainly, did people once conſider this, the Ale wife would have few Companions better then her ſelf, yet now ſhe thinks the beſt ſcarce good enough for her, though the Cauſers of it have little thanks for their pains: when ſhe hath gotten their money, it's ſeldom but they have a ſcoff or jeer into the bargain, becauſe they ſhould not complain of an unkind Hoſteſs: And the worſt miſchief of all, is, That men very often inſnare themſelves to their, utter undoing by the Alehouſe-keepers and his Compurgators Eveſdropping of their diſcourſe. And certainly none but fools will go to game for what is already their own, nor no Chriſtian endeavour to come by, or enjoy by playing for what is anothers. And becauſe the Fort and Fountain of Gameſters is the Alehouſe, I made this Digreſſion ſoberly to adviſe three ſorts of men•

The one is in general all honeſt people to37 wiſh them (if they be not worſe then Infidels) to avoid the Alehouſe; for under that notion I conclude the gaming houſe too, knowing them to be inſeparable companions. And therefore I ſay again, It were well if it were ordained, That every Alehouskeeper ſhould have at his door the ſign of the Begger; for from that ſpring, the Alehouſekeeper original comes when he firſt enters into his order; and before he leaves, he makes all Beggers that frequent his company: therefore ſuch a ſign might give warning to others to let him alone, and keep his beggerly condition to himſelf, which might enforce him to work for his living as honeſt men do, and not grow ſo fat by the ſweat of other mens brows.

The ſecond ſort of people I would ſpeak to, in my intended hopeful Inſtrument of Reformation, is the Profeſſors and Practiſers of the Law; theſe ſhould ſeek to puniſh vice rather then promote it; Ergo, I would deſire them to honor their profeſſion ſo far as not ſo earneſty defend as they too much do, the Deſtroyers of the publick Good; that is, the gameſters and Alehouſekeepers and all breakers of penal Statutes. Well,38 Semel dictum ſapienti ſat oſt, I'll ſay no more, for Iexpect little thanks for this: R. T. Rhadamanthus.

The third ſort I would adviſe is, ſuch men as take upon them, or will undertake the proſecution of all penal Laws and Statutes againſt the contemners and breakers therof; which perſons are uſually called Promoters and Informers &c. Be ſure, let me adviſe you to ſhoot home where you begin let no fair tongues enſnare you; promiſes nor hopes of reward entice you,•obe caught in their nets; when, for the lucre of a ſmall Fee (which they al generally ſeek to enſnare you with) you releaſe them, and un•oe your ſelves. But, I ſay, draw your Arrow to the head, and he will flie to the mark: if you proſecute the Law to the utmoſt without favor or affection, you do that the Law intends you for, and ſhall being profit and tranquillity to the Commonwealth in general, and to your ſelves as good members thereof in particular, maugre all opponents; doubt not but our Law-makers and Keepers, whom God hath now raiſed to protect us, wil defend you in the execution of Juſtice: and the better to direct you, I wil immediately lay39 down, and declare to you the heads of the penal ſtatutes, as ſoon as I have done with my enſuing Articles.

6. Conſtables and Headboroughs are alſo to preſent ſuch perſons as do refuſe or neglect to do their duty of watching or warding.

7. Item, Such perſons as divide their Houſes into ſeveral Tenements; and ſuch as do entertain Inmates, who may be an annoyance to their Neighbors, or likely to bring charges upon the Pariſh.

8. Item, The Defaults of petty Conſtables Headboroughs, and Tythingmen (theſe are the ſame in Nature, though different in Name) for not cauſing Rogues, Vagabonds, and Beggers to be duly apprehended, puniſhed and paſſed, according to the Statute.

9. Item, All maſterleſs men and women living at their own hands, ſuch as are idle and will not labor, and can give no good account how they get their living: all ſuſpicious perſons, Whores, Night-walkers, and mothers of Baſtards, which may be chargeabe to the Pariſh.

10. Item. The Names of ſuch Perſons as refuſe to take to Apprentice, poor Pariſh40 children, to Husbandry, and other Callings according to Law.

11. Item, All ſuch as neglect to make due rates and collections for the relief of the poor in every pariſh, and that cannot give a juſt account of the imployment of the rent and ſtock of the poor.

12. Item, The Defects of the Highways and Bridges, with the names of ſuch as ſhould repair them, and have neglected or refuſed to do their duty herein.

13. Item. Such Scavengers as neglect to do their office, in cauſing the Streets to be kept clean within their Liberties; and the names of ſuch perſons as commit common annoyances, by laying of dung, ſoyl or aſhes in the Street.

14. Item, The names of ſuch perſons as neglect or refuſe to pave the Streets before their houſes, where the ſaid Streets have uſually been payed.

15. Such perſons as keep any Hogs in the Streets or elſewhere to the annoyan•e of the people. Theſe three laſt are only preper for Towns and Cities.

16. All ſuch Bakers as put light bread to ſale, and the weight thereof; and ſuch Brewers as ſell Beer or Ale to unlicenſed41 Alehouſe-keepers, and ſuch as ingroſs any Corn, Grain, or any dead Victuals.

A Compendium of all ſuch penal Statutes as concern foreſtalling, ingroſſing, regrating, Millers. Bakers, Brewers, Clothwo•kers, Alehouſekeepers, Gamers, Wine without Licenſe, Recuſants, mealmen, Ʋſury and Extortion, ſhould here imediately follow; but in regard we finde them too prolixo•s to be annexed to the Court-Leet, in regard it makes too long a paſſaege to the Court-Baron; and we not being willing to omit any part thereof, conducible to the comm•n good, ſeeing we intend this Treatiſe chiefly for the inſtruction of the ignorant in this moſt needfull knowledge, as well for the plain Country-man, as for the benefit of the ſtudious Tyro in the Law Practiſe; We ſhall reſerve the addition of the penal Statutes, as an Appendix in the cloſe of the Book, and proceed to the Court-Baron.

Now becauſe the Court-Baron is always an adjacent Neighbor, if not a Companion with the Court-Leet, I ſhall42 ſucceſſively give you the form and watters of charge to be enquired and puniſhed there.

The Court-Baron holds Plea of all perſonal actions and treſpaſſes made within the Mannor, where the Tenants are and ought to have Juſtice at home, and not to be at the charge of a Sute at Weſtminster, for every petty action: where ſometimes the damage is not three pence, 20 l. is ſpent in deciding the Controverſie.

This Court ought to be kept every three weeks; and to that intent, the Lord receives Rents and Services of his Tenants to do them Juſtice: and ſome hold their Lands onely, by this ſervice of doing Sute of Court, and theſe Suiters are the Judges of the Court, though I believe few Lord•know a reaſon why they receive their Quit-Rents; and few Tenants wherefore they pay it: by which means, the due keeping of theſe Courts, is in many, nay, moſt places neglected, to the great injury of the people; But a remedy they may have againſt the Lord for the non-uſage, or abuſe thereof, which ſhall here following be declared: but to proceed. Firſt, enter the43 Stile of the Court, which is after this manner, Holſh•t, ſſ. The Court-Baron of J. W. held there on Friday the 24 of March in the yeer of our Lord, 1656.

When the Stile of the Court is entred, call the Suiters and Tenants, entring their appearances and defaults; then make Proclamation, That if any one will be eſſoyned or enter any plaint they may come in and be heard.

After the Eſſoyns ▪ and Plaints and Pleas be entred, then impanel the Jury, and ſwear them.

The Oath is after the ſame manner as the Leet, on•y leaving our theſe words, The Council for the Protector, &c.

Then after ſilence made, proceed to give in charge theſe Articles enſuing:

Firſt, the Jury is to enquire of the Suiters which owe any Sute to this Court, whether they do attend the Court or no, and preſent the Defaulters.

Secondly, Enquire whether any Tenant be dead ſince the laſt Court, or before, whoſe death is not yet preſented; and preſent the ſame: and what Lands and Tenements he held of his Mannor at the time of his death, and by what ſervice;44 and who is next Heir to the ſaid Inheritance.

If it be Socage-Tenure, the Lord ſhall have his Fealty & one yeers Rent for a relief over and above his yeerly Rent: (I do not mean the Rent to the value or profits of the Land; though many Lords of Copyholders, have much miſtaken themſelves of late, in this caſe, or elſe the Tenants do too much miſtake themſelves, to the Tenants undoing, when the fine hath been ſtretcht by the cloak bag-ſtrings of the Lords conſcience:) and for his relief, the Lord may diſtrain immediately after the death of his Tenant.

You ſhall enquire whether any Freeholder hath aliened, or ſold away his Freehold, or any parcel thereof, and preſent it: for he which bought the Land, before he enter, ought to give notice thereof to the Lord; and if he bought but a parcel, the Rent ought to be apportioned accordingly between both parties, according to the value of the Lands ſold.

Fourthly, Enquire whether any one man hath two ſeveral parcels of Land holden by ſeveral Titles, & dieth ſeized of the ſame: the Lord ſhall have two Herriots by his death.

You ſhall alſo enquire whether any Copy holder dieth, ſeized of any Lands, ſo holden, and preſent it. Alſo, whether any Copy-holder hath made any Leaſe of his Copy-hold, or otherwiſe aliened or ſold the ſame, without ſurrender, and preſent it; for its a forfeiture of his Copy-hold.

Enquire alſo whether any Copy-holder hath made any ſurrender of his Copy-hold, or any part thereof, ſince the laſt Courtday, or before, and preſent it; and into whoſe hands it was made, and to whoſe uſe: for at every death, or other alienation, the Lord is to have a Fyne (were it not for this, few Lords would keep any Court at all, though they ought to do it, to do juſtice to their Tenants;) and the party into whoſe hands the ſurrender is made, ought at the next Court to preſent the ſame, and to certifie the ſurrender into Court to the uſe of the alien, according to the truſt repoſed in him, on pain of forfeiture of his Copyhold: and the party that receiveth the ſurrender is not inveſted in any right in the eſtate by the ſurrender, unleſs he be admitted Tenant in Court.

Enquire alſo, if any Tenant of this Manor,46 have given any of their Lands into Mortmayn, and preſent it: if any man give or ſell any Lands to any houſe of Religion, or to any other which be corporate by the Kings Grant; or if any one make any Feofment upon truſt to the uſe of any Religious houſe, or to the uſe of any Fraternity or Corporation: this is Mortmain.

You ſhall alſo enquire whether any Tenant, for term of life or yeers, or any Copy-holder of this Lordſhip, hath made any waſte, or ſuffered any waſte to be done upon their Lands and Ienements, and preſent it.

Waſte is when any Tenant for term of life or yeers, or any Copy-holder pulleth down any houſe, or cutteth down timber-trees or ſuffereth any of his Copy-hold-Tenements to decay or fall, or if any of the Tenants plowup any medow ground or if they ſuffer any wall or pale which was covered, to be uncovered, by reaſon whereof, the ſame wall or pale doth fall: or if any Tenant dig coals, chalk, ſand, or make any Myne in his Ground, it is commitment of waſte.

But if a Tenant fell Timber to repair Houſes in decay upon his Copy-hold, and therewith doth repair them, or therewith47 build a new houſe, or any new building; this is not waſte. But if he cut down and fell any ſuch Timber, this is waſte. Alſo Copy holders may cut down Wood to burn upon their Tenements, or to make Reparations without waſte.

Enquite alſo, whether any Tenant died, ſeized of any Lands holden of this Mannor, having no Heir at the time of his death, his Lands ſhall eſcheat to the Lord.

None ſhall inherit Lands in Fee-ſimple, unleſs he be Heir, of the whole blood; and underſtand, that a Baſtard can never be Heir unto any man; neither can he ever have Heir, but his children of his own body lawfully begotten: therefore, if any Baſtard die without iſſue, or any other Tenant die, ſeized without Heirs, preſent it.

Alſo, if any Tenant ſeized of any Lands or Tenements, was ejected therefrom by one that had no rightful Title thereunto, and after dies without Heir. the Lord ſhall have his eſcheat, as well if the Tenant had died ſeized: ergo, enquire thereof, and preſent it.

Enquire alſo, if any Tenant of this Mannor hath been attained for any Treaſon,48 Felony, or Murder, for which he had judgment, although he were afterward delivered, or were burned in the hand: the Lord hath his Lands by eſcheat: or if any one hath abjured the Land or be outlawed for any Treaſon, Felony, or Murder, preſent it: for the Lord ſhall have his Land by eſcheat.

You are alſo to enquire, if there be any rents, cuſtoms, or Services withdrawn from the Lordſhip which are due, and of right ought to be done thereunto; and what Rights, Cuſtomes, and Services they are, by whom withdrawn, and where the Land lies out of which they be due, and who holds the ſame, and preſent it.

Enquire alſo, whether any Waif or Stray was or is within this Lordſhip; and whether the Lord be anſwered of the ſame; and if not, preſent by whom they are detained; and if any Herriot be conveyed away or concealed, preſent it, and by whom.

And here it will not be any digreſsion

to tell you what a Waif and Stray is.

A Waif is if a Thing being purſued, or49 otherwiſe to eaſe himſelf of his burden, doth leave and forſake his goods, which he hath ſtollen, or any part of them; ſuch Goods are called Waifs: and the chief Lord ſhall have the Goods ſo waived, unleſs the Owner of them, do make freſh ſuit after the Thief, and attach him for ſtealing the ſaid Goods; in ſuch caſs he ſhall have his Goods again, though they be waived; but then he muſt ſue an appeal, or elſe procure the Thief to be convicted at his Sute, 21 H. cap. 12.

An Eſtray is, if any Beaſt be found in the Lordſhip, and no man know the Owner thereof, they ſhall be ſeized to the uſe of the King, unleſs the Lord have them by Grant or Preſcription, if the Owner do not claim the ſame within a year and a day after the Lord hath cauſed Proclamation to be made in the next Markets, and in the Church, according to the Statute.

Alſo enquire, whether any perſon hath made any Reſcous againſt the Lord or his Officers within the Mannor, and preſent it: That if the Lord come to diſtrain for his Rent, and the Tenant reſiſt him, that he cannot diſtrain, this is a reſcue; or, if Beaſts diſtrained run into the houſe of the50 Owner, and the Diſtrainer prays them to be delivered to him, and the poſſeſſors will not deliver them, it is a Reſcue.

You are likewiſe to enquire of, and preſent all pound-breaches; whether any perſon hath broken the Lord's Pound, that is, to have taken away any diſtreſs put therein: if the Lord do diſtrain for Rent or ſervice behinde, he may impound the diſtreſs either in a common Pound or in his ow•Ground, if he will, or in his Neighbors Ground, by the Licenſe of his Neighbor: and any place in which the Lord doth impound, is the Lord's Pound: but if any other perſon do impound any Cattle in his own Pound or his Neighbors, he ought to give notice thereof to the other party, that is, to the Owner of them, that he may give them meat if he will; and then if the Beaſt die for want of food, he that was diſtrained ſhall be at the loſs, and he that did diſtrain, may diſtrain again for the ſame Rent or Duty,

Enquire alſo, if any Inhabitant have overcharged the Common, or High-ways, or common Fields, by putting therein more Cattel then they ought to keep, or before the days agreed upon, and preſent it; fo•51the Lord may diſtrain the Surpluſſage, Damage Feiſant.

There may alſo be made certain Orders by the Inhabitants, one among another, which none may break under ſuch penalties as they agree upon between themſelves.

Alſo you ſhall enquire, whether any perſons have digged any Holes or Pits in the High-wayes, or whether any uſe commonly to break Hedges, or ſuffer any Hoggs to go unringed or unyoked, to the annoyance, of their Neighbors, and preſent the ſame.

Enquire likewiſe whether any perſon hath ſtopped any Water-courſe, Way, Ditch, Path or Stile, or turned any of them out of their way, and preſent it; have a care in this caſe you preſentno man malitiouſly; a foot or two to ſtep about its, not ſo great damage to any as to cauſe a ſuite more then the value of the land, as ſome have done, and after repented too late.

Alſo, whether any Tenant hath made any incroachment upon any of the Lord's Land, Meadow, Paſture, Wood, Heath, or other vacant Ground, without the Lord's leave; or hath ſet his Hedge or Pale, beyond his due bounds, & preſent the ſame.

Alſo enquire, whether any perſon hath plowed up, or removed any Meerbanks, Banks, or removed any Bounds or Limits between one piece of Land and another, and preſent it.

Alſo, you ſhall enquire whether any perſon doth detain or keep away, or detain any of the Lords Court-Rollsor Evidences and preſent the ſame.

Alſo if any perſon have Hunted, Hawked, Fiſhed or Fowled in the Lor•'s Warren, and preſent it.

Alſo, you ſh•ll enquire, if any perſons have taken any Eggs of the Lord's Swans out of their Neſts, and preſent their names.

Enquire alſo if any treſpaſs be done in any of the Lord's Liberties, either in his Corn Graſs, Meadows, Paſture, Woods, Waters, Ponds, or Hedges; or take, or deſtroy any Aiery of Haws, and preſent the ſame.

Enquire alſo, if any Land be incloſed that ought to lye open, without the licenſe of the Lord and other Freeholders, and preſent the ſame, that the Tenants of the Mannor may not loſe their Common thereof.

Enquire alſo, whether any Tenant for life or term of yeers, hath let any greater or longer eſtate in his Lands or Tenements then he hath therein; it is a forſe•ture of their Eſtates.

Enquire laſtly, if all the Defaults and Plaints preſented at the laſt Court, be ſufficiently and duly amended: and whether all the Orders and Rules made heretofore concerning this Mannor, be obſerved and kept, and preſent it; and if you know any thing more fitting to be, or that ought to be preſented for the Lords profit, or your own common good, diligently enquire thereof, as you are in con•cience bound, according to the Oaths you have taken, and are obliged to both by God and man: ſtudying as much as in you lits, the general good and welfare on•of another: and to that end, of all matters given you in charge, and here to be enquired of, make a true preſentment, diſtinctly and plainly without malice, in ſpeaking more then is true, or favor in concealing any one that is culpable, againſt the truth.

The form and manner of proceeding in perſonal Actions both in the Court-Leet, Court-Baron, (& alſo the hundred Courts,54 which is alſo a Court held generally every three weeks, to hold plea in perſonal Actions, where the debt or damages exceed not 40 s. by the Sheriff in many places, or by his Steward, if the King be Lord thereof; or if it be a particular Lord, by his Steward for the whole Hundred:) I ſay, the Proceſs of theſe Courts, is, Summons, Attachment and Diſtreſs, to be directed by Precept from the Steward of the Court to the Bayliff of the ſame, where it lies in the choice of the Plaintiff either to ſummon the Defendant, or attach his Goods; which he muſt put in Bayl unto, to appear at the next Court to anſwer the Defendant, which is uſual in treſpaſs: but in debt, onely a Summons without bayl; a laudable way of granting out Proceſs in all Courts of Judicature, coming neereſt the purity of the original and ancient practice of the Laws of this Nation.

And if the Original in the Court of common Pleas were only uſed, and the Capiat taken away, or rather indeed a Sub-poena only in all Cou•ts, & an Attachment to follow in caſe of Contempt, how much vexatious charge & trouble would the people of the Nation be freed from, and their Eſtates55 and perſons ſaved from the devouring clutches of thoſe ravenous Wolves, the Catch-poles and Sergeants, to which honeſt men are often enforced ſubjects; when perhaps, nay, moſt often, leſs charge would end the difference then theſe men expoſe both parties unto: and for which, both Plaintiff and Defendant ſit down loſers.

But becauſe it is our earneſt deſire to purſue peace as much as is poſſible with all men we, ſhall here lay down a method of keeping a Court of Survey; which if all Lords and Tenants would, as if they will, with a little charge they may, joyn together, and perfectly obſerve, the Right and Propriety of every man might be known and regiſtred amongſt them, and thereby many tedious, conſuming, troubleſome Title-Sutes at Law, avoided; for by this means, every one might know his own; and he that will not therewith be content, deſerves nothing.

The manner, form, and method of keeping a Court of Survey for the ſurveying, ſetting forth, Butting, deſcribing and bounding of any Mannor or Town; with the ſeveral Tenures belonging to the ſame. With the form of making a Terrar or Field-book, and the Articles to be given in charge to the Jury, in a Court of Survey.

Articles to be enquired of and given in charge in a Court of Survey holden for the Mannor of A. in the Pariſh of H. in the County of N: the 8 day of May, 1656.

IN primis. Who have, or are ſuſpected to have, or keep back any of the Lord's Evdences, Court-Rolls, Rentals, Books of Survey, Te•rars or Writings whats ſoever, concerning the ſaid Mannor, and who have been Stewards of the ſaid Mannor within the time of your remembrance.

Note, if there be a Survey holden for two Mannors or more, at one time; then ſay, inſtead of Mannor, Mannors. And the ſaid Mannors, or either of them.

2. Item That you inform what Limits and Bounds belong to the ſaid Mannors; and what Lords are bounding or bordering therupon, or whether they do ch•lenge intrude or encroach upon the Lands of the Lords of the ſaid Mannors.

3. Item, That you ſet forth the Freehold Lands and•enements, within the ſaid Mannors from the Copy-hold, cuſtomary and demeaſne Lands of the ſaid Mannors, and either of them, or any other Mannor, and who are the Free-hold Tenants or Occupiers therof, and what are their names and what Free•hold Rent do they ſeverally pay to the Lord of the ſaid Mannors for the ſame.

4. Item, What alienations, tranſmutations or alterations have been made of any Free-hold Lands within or belonging to the ſaid Mannors or either of them, and what is due to the Lord upon any ſuch alienation, tranſmutation or alteration.

5. Item, What Houſes or Tenements of Freehold are now ſtanding, or have been decayed within the ſaid Mannors: by whom and when were they ſo decayed; what Laws do or heretofore did belong to every ſuch Houſe or Tenement; and what Lands have been ſold from the ſaid Houſes or Tenements, and to whom.

6. Item, What Tenements or Cottages are lately built within the ſaid Manors, that are holden at will, or ſufferance, or by Copy of Court-Roll of the ſaid Mannors, or either of them, or any other Mannors, and who be the owners or occupiers thereof, and what Rents and Services do they yield and pay for the ſame, and what Laws do belong to every ſuch Tenement and Cottage, and how long ſince have any ſuch Tenements or Cortages been built, and what Commonage do they challenge for the ſame, and by what right, and what is the name of ſuch Common or Commons they challenge Commonage in.

7. Item, How many Copy-hold or Cuſtomary Tenants, are within or belonging to the ſaid Mannors, and either of them and what be their ſeveral names, and what57 Meſſuages, Land•, Tenements, or Hered itaments, hath every ſuch Copy-holder or Cuſtomary Tenant; what are their ſeveral quantities and yearly values, where do they lie, and how they are abuttalled, and by what Rents and Services doth every ſuch Copy-holder hold the ſame.

8. Item, Whether any of the Copyholders within the ſaid Mannors have exchanged, bargained or ſold any of their Copy-hold Lands or Tenements to any Free-holder, and what are ſuch Lands and Tenements ſo bargained, exchanged and ſold, yearly worth, and where do they lie.

9. Item, Whether any Copy-hold or Cnſtomary Tenant of the ſaid Mannors or either of them, hath let or ſet for any time or term of years, his Copy-hold, or Cuſtomary Lands or Tenemen•s, or any part thereof, without the Lords licenſe, and whether any enjoy any Copy-hold, or Cuſtomary Lands, not having a Copy or Grant thereof immediately from the Lord of the ſaid Mannors, and what be their names, and the yearly value thereof.

10. Item, What Lands, Tenements, Rents, Services or Hereditaments, within,60 or belonging to the ſaid Mannors, are withholden, concealed, or ſubſtracted from the Lord of•he ſaid Mannors, by whom, and when, &c.

11. Item, What Heath-Grounds, Sheep courſes or Sheep-walks are within or belonging to the ſaid Mannors, how are they ſcituated, ſet forth, or bounded; and how many Acres, do every ſuch Heath Sheep courſe or Sheep-walk contain, by meaſure or eſtimation; and how many Sheep will the ſame yearly maintain and keep, and what other Priviledges or Cuſtomary Feede do belong to the ſaid Sheeps-courſe or Sheeps-walk; and where do the ſame lie; and at what time or times in the year is the ſaid Priviledge and Feede to be taken, and what is the yearly value of the ſaid Sheep-walk or Sheeps-courſe.

12. Item, Whether any can or do juſtly claim or hold any Land that lies within the ſaid Heath-Grounds, Sheepcourſe or Sheeps walks and by what right do they hold or claim the ſame, and how much Land have every ſuch Land-holder, and whether have they not other Lands of the Lord of the ſaid Mannors in Leiu or61 exchange thereof, and where do the ſaid exchanged Lands ſeverally lie: and how are they abuttalled and bounded, and what be the ſeveral Names of the Occupiers of ſuch Lands, and their ſeveral quantities.

1. Item, What Commons, commonable Grounds, waſte and vacant Grounds are within and belonging to the ſame Mannors, and what be their ſeveral names: how are they ſcituated, metred, let forth or bounded; and how many Acres doe every ſuch Common, commonable Grounds, waſte and vacant Grounds contain by eſtimation, and who can and do juſtly claim or pretend to have any Common of Feede in the ſaid commonable Grounds, waſte and vacant Grounds, and what be their ſeveral names.

14. Item, What Incloſures and Incroachments have been made at any time heretofore, and now being in, upon, or out of the ſaid Commons, commonable Grounds, waſte and vacant Grounds, by whom, where, and when were they made, and what quantity, and by what warrant or right they did, or do hold the ſame.

15. Item, What plantings or Trees is45 now, and have been hertofore ſet or growing upon any of the Commons belonging to the ſaid Mannors or either of them, by whom they have been ſo ſet or planted, and what be their names that challenge the ſame as helonging to their Houſes or Tenements, and what be the names of ſuch Houſes or Tenements, and how far off are the ſaid Plantings or Trees planted or growing from the ſaid Houſes or Tenements, and what number of Plantings or trees do they ſeverally challenge to belong to their ſaid Houſes or Tenements, and by what right; and who ha•h lopred, felled, ſold or converted to their own uſe any ſuch Plantings or Trees, and for how much do they or any of them hold the ſame.

16. Item, What dem•aſne Lands are belonging to the ſaid Mannors, and either of them, and where do they ſeverally lie, and how are they abuttalled, and what be their ſeveral quantities and qualities and their yearly value; and what be the names of them that have them in Farm, exchange or Occupation; and for what Rent and term, or for what cauſe do they ſeverally hold the ſame.

17. Item, What Liberties, Freedoms59 Frankchiſes, and other preheminences and royalties do belong or appertain to the ſaid Mannors, what are the ſame, and what profit may be yearly, or otherwiſe made or raiſed by the Lord thereby.

18. Laſtly, to enquire and certifie who ſhal neglect or refuſe to bring in and ſhew forth their Deeds or their Evidences of all their Free-hold Lands and Tenements within the ſaid Manor, together with all their Copies or Court Rolls of all ſuch Lands as they ſeverally hold by Copy of Court-Roll of the Mannors aforeſaid, for the better ſetting forth and diſtinguiſhing of the ſaid Lands accordingly, whereby the Survey of the ſaid Mannors may be made the more perfect.

The manner of making the Terrar or Field-Book, may be thus:

A general Survey and Field book taken at H. in the County of S. holden for the Mannors of G. and H. by R. T Steward and Survayor of the ſame. the 10 day of M 1656. wherein all the Meſſuages, Lands, and Tenements in the ſaid Mannors, are ſet64 forth, butted and bounded. The Tenure how all ſuch Lands are holden, and who be the right Owners thereof.

Then begin at what part of the Town you pleaſe, ſo go through, ſetting down every parcel of Land, Meſſuage or Tenement diſtinctly, abutting and bounding it: and at laſt, ſet down the Tenure and Title of the Owner or Inheritor, according to his evidence for the ſame: as thus; if you begin at the Mannor houſe, then begin your Survey Book.

A. B. Eſq Lord of the Mannor of H. &c. holdeth one Meſſuage or Mannor houſe; being the ſcite of the Manner aforeſaid, in his Demeaſne as of Fee, together with Barns, Stables, Dove houſe, Orchards, Garden, &c. abutting and bounding the ſame exactly.

Then proceed to the next land as you go, whether Eaſt or Weſt: if, Eaſt, then thus.

A. S. holdeth next, and more Eaſt,65 twenty Acres of Arable Land, abutting, &c. as it lies, &c. by Copy of Court Roll: ut patet per Cop. ſuam de Rotulis Curiae,

If it be Free hold of Inheritance, then ſay;

A. S. holdeth of the ſame Mannor, one Free-Tenement, &c. abutting it exactly and putting down his Title and Tenure; according to his Evidence.

If the Lords of Mannors, and Tenants in their ſeveral Pariſhes and Townſhips would but joyn together, with a little charge, they might have Books of Survey made of their ſeveral Mannors, wherein each mans Propriety might be recorded and known: and this being done, but once in an age, or by every ſucceeding Lord, his Tenants and himſelf might live in amity and tranquillity; and many chargeable and vexatious Law-Suits, to the undoing of thouſands, avoided: and people might quietly follow their Vocations at home, and not the promotion o•others, by the ruine of themſelves: But66 probably the Obſtructors of Peace will give me ſmall thanks for this. Oh Mounfeur Self-ends and Avidus! when wilt thou depart from us? R. T. Pacis dulcis Amator.

Acording to promiſe, I ſhall proceed to declare the manner of proceeding in ſome inferiour Courts of Record of this Commonwealth; but declaring them fitter Ob•ects of Reformation then Practice; hey were indeed originally inſtituted for the more ſpeedy adminiſtration of Juſtice, between party and party, in their Corporations: but are now, by the corruption of time, become Inſtruments of vexation and injury: and becauſe they are ſeated in the Metropolis, I ſhall firſt begin with the Sheriffs Court of London.

There is holden at the Guild hall for the City of London, two Court-days for one Compter, holden before one of the Sheriffs; and two Court-days for the other Compter, before the other Sheriff in every week: holding Plea in all perſonal Actions ad infinitum. Their Practice in both Courts, differs neither in manner, nor67 form nor ſubſtance; but the beginning of their proceeding, I mean, the levying of their Plaints is the moſt unjuſt and illegal, both in the eye of the Law, and of all rational people of any Court in the World.

For indeed the blame of all Courts, is, that they do not iſſue out Summons, and take ſufficient Pledges to proſecute upon the Return of the Summons, as the Law originally intends, before the awarding of any Capias, for arreſting the Body of the Defendant: but return an Original of courſe (as they call it) ſometimes, and ſometimes not at all; putting John Doe and Richard Roe, for pledges to proſecute; whereas indeed, there ought to be a due Summons firſt returned, and Pledges, that is ſufficient Sureties, That if the Plantiff do not proſecute, or be overthrown in his Action, the Defendant ſhall be ſatisfied his coſts and damages for his unjuſt trouble, charge and vexation.

But the Practice of theſe Sheriffs Courts is ſo far from this, that they make out no Proceſs nor Precept at all for to warrant their Arreſt. But they have a Book in their Office at the Compter-gates, wherein they enter the Actions, that is, the Plantiffs and68 Defendants Names, and the Debt or Damage; and that is all: And this is moſt often done after the party is arreſted and in Priſon: for if two of their Varlets meet a man in the ſtreet, minding to make a prey of him; for which they continually lurk, they immediatly ſeize on him, if they know but any perſon he hath any dealing with, be the Caſe right or wrong, they preſently drag him to the Compter, or their petty Goals at next door, and then run and enter againſt him what Actions they pleaſe, in the Name of any Man. And at the next Court-day, the Defendant perhaps, after two or three days impriſonment, may obtain a Non-Sute; and ſhall have adjudged him 7 s. 2 d. for his Charges, which is not the tythe thereof: and that he may look for, if he can tell of who: or any man whatſoever, that hath any envy in his breaſt, which there are few that want, may come and enter an Action againſt any man he's minded to do a miſchief unto, and keep him in Priſon (at 8 d. per week charges to the Knave) as long as he lives. And their way of taking of Pledges of proſecuting, is thus: To demand of the Plantiff, or he that enters the Plaint, where69 he lives: if he ſay in Fleet-ſtreet, then then they enter Pledges to proſecute, John Fleet, Richard Street; if in Common-Garden, then Pledges, &c. John Common, Richard Garden: according to the place the party names, though no ſuch man be.

And it is a great oppreſſion to Countrypeople, who are thus ſnapt up by irregular Proceedings. This is not to expedite Juſtice, but to diſgrace the Law, and wrong the Commonalty. By this means, I have known many utterly undone; and ſome have lain in Priſon five weeks upon this account, and never knew, heard of, nor could never find out his Adverſaries.

And then, after this he hath non-ſuited their Actions, entred over and over again, they take a Preſident from a worſe then this, that I muſt take ſo much leave, as plainly to ſpeak of; that is, the Court of Upper-Bench, from whence iſſues a Writ, called a Latitat; or in the County of Middleſex, A Bill of Middleſex: and uppon the ſuppoſition of one of theſe returned, though never any ſuch thing be, they reward a Latitat into all Counties, to take the Defendant, without naming the70 cauſe, onely Treſpaſs, be it what it will be; upon which, if he cannot put in bayl, he ſhall lie in Priſon three Terms; which ſomtimes with the Vacations to boo•, is above three quarters of a yeer: and then if the Plantiff declare not, he may obtain his Liberty by a Superſedeas, if he hath money to purchaſe it: but not a farthing coſts, or any remedy againſt the party that injured him; by this wicked practice, many a poor Soule miſerably endes his dayes in Newgate.

And if a man be arreſted by a Latitat or Bill of Middleſex, and the P•aintiff never declare after he hath put in Bayl, he ſhall not have any coſts, but only a Nonfuite or a Diſcontinuance as they call•t, unleſs the Defendant appear in perſon, and that is hardly worth his while. This I make bold here to mention, becauſe it is a G•ievance cries loud for Redreſs, and ſo doth the City-Court too: for can it ſeem reaſonable that any man ſhould be arreſted and impriſoned he knows not why nor wherefore? and moſt times irregularly; the Serjeants having the advantage to do it without Warrant, or any Precept or Proceſs to be ſhown; oftentimes, nay,71 moſt commonly impriſon the Defendant without any Action entred againſt him. This Practice was abhorred by the Heathens: and then is it not a ſhame it ſhould be tolerated by Chriſtians?

But after the Arreſt, the Defendant appearing by Attorney, the Plantiffs Attorney declares if cauſe be; and then they fairly proceed to Trial, according to the ſubſtance of the Proceeding of the Upper-Bench, though different in form: and to the Defendant, if he be a Free-man in caſe of debt, is allowed four Defaults, by which time he may make his peace if he be wiſe.

And by the way give me leave to tell you, that I have read, and I am ſure 'tis reaſonable, That it is not lawful for a Citizen, or one living in a Corporation to arreſt any ſt•anger that inhabits in another Country, into one of theſe Courts; but by Proceſs from above: for theſe Courts had their Authority granted them originally from the King for their eaſe, and the more eaſie diſpatch of Juſtice between one another in their ſeveral Franchiſes: for as the Forraigner hath no benefit by their Franchiſe; ſo ought he not to be impleaded in their Courts. Beſides, a great diſadvantagedies72 upon the ſtranger being far from home, and diſtant from Friends, is too often enforced to purchaſe his Liberty by an unjuſt Compoſition.

There is alſo a Court holden before the Major and Alderman in the Guild-hall of the ſaid City, unto which the Sheriffs Court is ſubject by removal, and both of them to a Habeas Corpur out of the Upper Bench or Common Pleas, if the Action be not under five pounds; and if it be, then the Defendant may cauſe another Action to be entred againſt him, at the Sute of any perſon he will name, which is above 5 l and remove both together.

There is alſo another Court of Equity, held between one Freeman and another in the ſaid City, wherein they regularly proceed by Summons in all Debts not exceeding 40 s. and pity it is that the Authority of that Court extends no higher.

Thus by the head, you may gueſs at the whole Body; I mean, the Proceedings of all Corporations: for ſetting the firſt Arreſt or Proceſs aſide, when they come to declare, they do generally in their Declarations imitate the Bills and Declarations of the Upper Bench.

I would be larger, but I proceed to other things here more aimed at: only by the way let me deſire the Stewards and Judges of all ſuch Courts, to be careful in amending what Er•ors they finde have through the ruſt of Antiquity, crept in among them: endeavoring as much as they can the eaſe of the Subject, and equal Right to all.

Certain Queſtions and Caſes in LAW, Reſolved.

1. JOHN Doe ſurrendred to his Wife certain Copy-hold Land of Inheritance to her, and to the Heirs of their two Bodides, to be begotten; and for default of ſuch iſſue to the right heirs of the ſaid John Doe; but in the ſaid ſurrender, doth not expreſs that he gives it to her for her Joynture, althugh it was his intent ſhe ſhould have ne other Dowwhether is this a Joynture or not.

2. The ſaid John Doe died without Will, his Wife adminiſtred, and there was certain Timber felled for the repair of a Copy-hold belonging to the Heir, which the Praiſers refuſe to put into the Inventory,75 for the reaſon aforeſaid. This Widdow marries again, and her Husband takes away the Timber ſo felled from off the Lands belonaing to the ſaid Heir: whether is this Felony or not?

3. Her ſaid Husband is the Lord of the Mannor, and doth detain and keep certain Writings from the Heir of the ſaid Deceaſed, refuſing to keep any Court where the Heir ſhould be admitted Tenant to certain Copy-hold Land lying within his Manor; but doth deſtrain for Quit-Rent upon the Land belonging to the Heir, refuſing to deliver the Heir his Writings, or ſhew any Title he hath to the Quit-Rent.

4. Whether the aforenamed Surrender being accepted and taken, doth not barr the woman to have any Dowry either in Fee or Copy-hold Lands, after her deceaſed Husband, although the Cuſtom Book of that place where the Copy hold lieth, renders the Widdow of the Deceaſed the third part of tho Lands, that her Husband died ſeized of?

5. What ſorts of Wood is accounted Timber by the Law; and whether the76 Woman by vertue of the aforenamed Surrender, can cut and ſell any manner of Woods growing upon the ſaid ſurrendred Lands, to make a waſte and ſpoil: or whether the Land reſtrains her but to cut for neceſſary uſes?

6. Whether the Widow of the Deceaſed in her Widdowhood letting a Leeſe Parole for five yeares of her ſurrendred Land, contrary to the Cuſtome, ought not to make good the ſaid Leaſe Parole to the Tenant, becauſe he ſhall be much damnified if he enjoy not the ſame?

7. If a man taken with an Execution for Debt by the Sheriffs Bayliffs, and the ſaid Bayliffs ſuffer him to make an eſcape, and the Creditor reneweth not the Execution in two or three yeares after, whether may he afterward bring his Action againſt the Sheriff or the Debtor?

8. We deſire to know what penalty is to be laid upon the Lord of the Manner which ought to keep a Court-Leet once a year, and doth not, and to whom the penalty belongeth.

9. How Lords of Mannors do hold their Lordſhips and Mannors, and whether77 they pay any Rent therefore or no?

10. If Lord of a Mannor commit Felony, who is to have the forfeiture of his Royalty.

The Reſolution of the foregoing Queſtions.

To the firſt: A Joynture of a Copyhold doth not bar Dower; for that at the common Law it it did not; and by the Statute of Uſes the Joynture muſt be of Lands at the common Law; and whereof Uſes might be raiſed, which holds in neither in Copy-holds.

2. It is not Felony, but the Lord of the Mannor may have an Action of Treſpaſs again the ſaid Husband; or the Heir may have an Action upon the caſe againſt him.

3. The Heir may ſue him at common Law for detaining of his Writings: and touching the diſtreſs for Quit-Rents, let the Tenant bring a Replevin, and the Lord upon his Avowry muſt ſhew his Title.

4. The Statute of Joyntures doth not extend to Copy-holds for the Reaſons given to the firſt Queſtion; and therefore that Statute is no bar.

5. Elm, Oak and Aſh are accounted Timber in Law: and Beech in Countries barren of Wood: the Law reſtrains any Copy-holder to fell Wood or Trees but for neceſſary uſes, unleſs the cuſtom warrant it otherwiſe.

6. The Leaſe Parole for five years not warranted by the Cuſtom is a forfeiture of the Widdows eſtate, if the Lord take advantage thereof; if the Lord ſo do, the Leſſee hath no remedy.

7. Againſt the Debtor he can have no Action of Debt; for his Action was determined by he Execution: but within two or three years he may bring an Action of Debt againſt the Sheriff.

8. A Quo Warranto lieth for nonuſer or abuſer of a Franchiſe. The penalty is the Seizer of the Leer.

9. All Lordſhips and Mannors were holden before theſe times meditate or immeditate from the King by accuſtomed or reſerved ſervices.

10. If he hold of the King, the King if of a meaſne Lord, that Lord.

Caſes reſolved touching Wills.

What perſons are by the Law to make a Will or Teſtament, and who not.

A Perſon our-lawed for Felony cannot make a Will; but if a man be outlawed only in Perſonal Actions, he may make a Teſtament of his Lands, but not of his Goods. The ſame Law is of a man attained of a Praemunire, but not of a man excommunicated.

An Infant making a Will of his Land within age, and dieth after he cometh at full age, not revoking this Will, it is not a good Will.

A woman ſeized of Land and marrieth, and afterwards maketh a Will of it: this is not good.

A Lunatick being of ſound memory, maketh his Will and becometh Lunatick; and afterwards comes to his underſtanding and dies: this is not a good Will.

A man ſpeechleſs, or one born deaf and dumb, may make a Will by ſignes.

A man being of a ſound memory, makes his Will, and afterwards becomes mad, and ſo dies: this is not a good Will:

A man who hath a Wife not divorced taketh another Wife who is an Inheritrix; ſhe cannot make a Will.

What is a good Will, and what not; and what ſhall be a Revocation, and what not.

A Will without naming any Executor is good for Lands, but not for Goods

A Will wanting date is good, if made after the 20 day of July 1540.

A Will without ſealing or ſubſcribing if it be made in writing in the life time of the Teſtator, although it be never proved before the Ordinary.

A Will Nuncupative is not good for Land.

Two men ſeverally ſeized of Land,81 make a joynt Teſtament of their Lands: this is good.

A man is making his Will, and hath deviſed parcel of his Land; and before the finiſhing thereof, he dieth: the Wil is good, for ſo much as is deviſed.

If a man appoint by his Will, that his Land ſhall be fold to pay his debts, and ſheweth not by whom; the Will is good, and ſhal be performed by the Executors or adminiſtrators.

If a man makes a Will of land that is not his own, and after purchaſe the ſame land and die: this is not a good Will.

Alſo if a man makes a Will of his land, and after alien this land, and afterwards repurchaſeth it again, this not a good Will.

A Woman makes a Will of her Land, and after takes a husband, who hath iſſue; the husband and the Wife both die: this is not a good Will.

A man makes a Will, and afterwards makes a new Will; and after in his bed dying, ſaith that his firſt Will ſhall be his laſt Will, this is good.

A man makes his Will in writing, and after giveth divers Legacies to ſeveral perſons82 then after by word revoketh all but one: this is a good Revocation of all but that one.

If any man gives land by Will to one perſon in Fee, and afterwards giveth the ſame land to another perſon by another Wil but for term of life: this is a Revocation of the firſt Will.

What things are deviſeable or may be deviſed.

If any man be ſeized of lands deviſeable, and thereupon buildeth; the houſe or building may be deviſed. So likewiſe may a Rent charge created de novo.

A man ſeized in right of his wife, and granteth parcel of his land to one, and after deviſeth the reſidue to another: this is good.

If a Farmer of land not deviſeable, erect and fix a Furnace in the midſt of the houſe in the land, he may deviſe this Furnace.

A Tenant in Fee-ſimple or Fee-tail, may deviſe the Corn, although the land be not deviſeable: but trees he cannot.

A man ſeized of a Mill, may deviſe the runner-ſtone - but not the under-ſtone ▪

If a man have an annuity to him and his83 heirs, he cannot deviſe this annuity: but if it be an annuity for term of years, he may.

If a husband die, having before deviſed Corn upon his wives land, it is good, whether it were ſown before the Marriage or after.

What words ſhall make Fee-ſimple lands, and what not.

Land given to a man to hold to him and his heirs, with Warranty of the land to him and his heirs, this is a good Feeſimple.

Land deviſed to a man by Will, by theſe words, To do with it at his pleaſure; this is a good Fee ſimple.

Lands given to a man, to hold to him in Fee-ſimple, and livery made to him and his heirs according to the form and effect of the deed; it maketh Feeſimple.

Land given to one for term of life, and livery and ſeiſin made to him and his heirs, according to the form and effect of the Deed; this is not Fee-ſimple.

A man ſeized in Fee-ſimple, grants totum ſtatum ſuum, his whole eſtate; Ha•bend 'to the grantee and his heirs, and maketh livery according to the Deed: this is Fee-ſimple.

A man leavyeth a Fine ſur Connuzance de droit come ceo &c. The Conuſee, that is, he to whom the Fine is granted, hath Fee-ſimple.

Two Coparceners in Fee ſimple make partition; and for equality of partition, a Rent is aſſigned out of one part to the other, without any other words: the Aſſigne hath the Fee-ſimple in the Rent.

Land is given by Deed, the Habendum ſibi & haeredibus ſuis, vel de corpore ſu•, to him and his heirs, or heirs of his body; this is not Fee-ſimple: But if the Habendum were ſibi & haeredibus ſuis, vel ſmis aſſignatis, to him and his heirs or aſſignes.

A man makes a Leaſe of two acres of Land for life the remainder of one of them (without ſhewing which) to a ſingle woman in Fee: ſhe taketh a husband, and after the Leſſee is impleaded in a Praecipe quod reddat of one of the acres, and prayeth ayde of the husband and wife, as of them in remainder: they joyn in aid gratis, and cannot bar the demandant, whereby he recovereth. The husband dies, the Leſſee dies; the Wife hath the fee-ſimple in the other acre.

Tenant in tayl enfeoffeth his brother, Recovery is had againſt him by erroneous Judgment: the Tenant in tail hath iſſue, and dieth; the iſſue within age; the brother dieth without iſſue: the iſſue in tail being his heir within age, reſerveth the Judgment by error, and enters; he hath fee ſimple.

A Leaſe is made to the husband and wife by Deed, pro termino vitae ſuae. Habendum eis pro termino vitae, to have to them for term of life of the wife: ſhe dieth, the husband continues in poſſeſſion, he hath fee-ſimple.

A Leaſe is made to a woman for term of years, upon condition, that if ſhe have iſſue within the term, that ſhe ſhal have fee; the Leſſor and Leſſee inter-marry, and have iſſue within the term, and the husband dieth; the term expireth, and the wife continueth in, ſeized of the fee ſimple.

Husband and wife Joynt-tenants in tail, make a Leaſe for life; the husband dies, the fee-ſimple deſcends to his ſon out-living the wife.

Who have a ſole eſtate in fee-ſimple, that they may deviſe it, and who not.

A man ſeized of Land in Fee, hath iſſue a daughter beyond the Seas; and after, he hath another daughter within the Realm, and dies; the daughters enter together, the younger daughter hath a ſole eſtate in fee-ſimple.

A man is diſſolved by two, and he releaſes all his right to one of them in tail; he is ſo ſeized in Fee ſimple.

One Joynt-tenant releaſeth to his companion upon condition: the Releaſee dieth, his heir enters, the condition is broken, and the Releaſor enters, clayming the moyty; the heir ſhall not be ſaid to be ſole ſeized.

Two Coparceners in Fee are impleaded; the one of them diſclaimeth; the other is not ſole ſeized. The Law is otherwiſe between Joynttenants.

A man ſeizd in fee, hath iſſue two daughters baſtards, and one daughter legitimate: the Baſtards, enter; the daughter legitimate releaſeth to one of them, ſhe is not ſole ſeized.

Land is given to a man, to have to him together with A. the daughter of the donor in frank marriage; after they are divorced, cauſa praecontractus, at the ſuite of the husband; the donor dies, the daughter is his heir; ſhe is ſole ſeized.

A woman inheritrix hath iſſue, a daughter, her husband dies; ſhe takes a ſecond husband, and hath iſſue another daughter: the husband and wife exchange the Land of the wife for other Land in Fee; and after of the wife and husband die, the daughters enter into the Land taken in exchange: the younger ſhall be ſaid to be ſole ſeized.

A feme ſole makes a Feoffment upon condition to be performed on the part of the Feoffee at a certain day, before the day they intermary, the day incurreth, the money not paid: the husband is ſole ſeized.

A Feoffment is made to two, and to their proper uſe; and livery, & ſeiſin is made to one of them accordingly, he is not ſole ſeized: otherwiſe, if no uſe had been expreſſed. A Feoffment is made by deed to two, with a Letter of Attorney to one of them, to deliver ſeizen, and he makes livery to the other accordingly: he is not ſole ſeized in Fee-ſimple.

Two joynt-Tenants, one within age, are diſeiſed by the Father of the Infant; and the Father dies ſeized; the Infant enters, and the other occupieth in Common with him, the Infant is ſole ſeized.

Two joynt-Tenants in Fee: the one bargains and fells by Indenture all his part, and before the Inrolement, the other dies, and the Indenture is inrolled within the ſix months, the other moyety ſhall deſcend.

What perſons are Coparceners or Tenants in common in Fee-ſimple: and who may deviſe their parts, and who not.

A man hath two daughters, and makes a leaſe to them for term of their lives; the father dies; the daughters are ſeized in Fee in Coparcenary.

Land is given to a husband and wife and to a third perſon, and to the heirs of the husband; and the third perſon releaſeth to the husband and wife, and to the heirs of the wife: the husband and wife are not joynt•Tenants nor Tenants in common of the Fee-ſimple: but the husband himſelf is ſole ſeized in Fee.

A man hath iſſue, two daughters; and the89 elder of them holdeth certain land of the father by 4 d. rent, the father dieth, the younger ſiſter ſhal be preſently ſeized with out any partition of 2 d.

Two joyn-Tenants by deed, make ſuch partition, that is, that the one of them ſhall have the one moyety to him and his heirs, and the other ſhall have the other moyety to him and his heirs, without any meets or bounds, they are not Tenants in common.

A man makes a Feofment of two acres of Land habendum; the one acre to one of them and his heirs, and the other acre to the other & his heirs: they are joynt-tenants.

Three Coparceners are agreed to make a partition, ſo that the one hath a ſeveral part alloted to her in ſeveralty; and that the others ſhall hold in Coparcerany: and for equality of partition, a rent is granted and alotted out of the ſeveral part to the others in Fee: they are coparcerners of the Rent.

A man makes a leaſe for life, and hath iſſue two daughters, and dieth; the Leſſee make waſte: the one of the daughters hath iſſue, and dyeth: the iſſue and the other bring a Writ of waſte, and recover, and enter; they are Coparceners as well of the Free-hold as of the Fee.

Land is given to two to have to them, that is to ſay, to the one of them in tayl, and to the other in Fee: he who hath a Fee, deviſeth the whole, and dieth: this not good for any part.

What deviſes of reverſions or remainders of Rent be good, and what not.

A man lets a leaſe for term of life and after diſeiſed his Leſſee, and makes a Leaſe for term of life to another: for term of life of the firſt Leſſee, the remainder over in Fee, the firſt Leſſee enters, yet he in the remainder may deviſe his remainder.

A man makes a leaſe for yeares upon condition that the leſſor diſturb not the Leſſee within the term of the Leaſe, that the Leſſee ſhal have Fee, & maketh Livery accordingly: the Leſſor diſturbeth the Leſſee for Rent, where none is in arear, and after he deviſeth his reverſion: this is not good.

A man makes a Leaſe of two acres of Land, reſerving rent, and hath iſſue two daughters, and dieth, the daughters make partition of the reverſion; ſo that the reverſion with the appurtenances of one acre is allotted to one, and the other to the other:91 they ſeverally deviſe the rent: this is not good.

Land is given to two habend to the one for life, and after his deceaſe to the other in Fee; he who hath the Fee deviſeth his reverſion: this is good.

The husband endows his wife at the Curch-door, and after is attainted of Felony, and dieth; the wife enters: the Lord of whom the Land is holden, deviſeth the reverſion, this is not good.

A leaſe is made for life: the remainder in Fee to the Wife of the deviſer, ſhe ſurviveth, and deviſeth this remainder: this is good.

An Infant makes a Leaſe for life, the Leſſee grants his eſtate over with Warrants the Infant at his full age bri•geth a dum fuit infra aetatem, againſt the Grantee, who avoucheth his Grantor, who entreth into the warranty, upon whoſe poſſeſſion the demandant releaſeth in fee al his right, and is barred in the action by this releaſe, and after deviſeth his reverſion: this is a good device.

A man gran's his reverſion in Fee, and befor attornment he grants the ſame reverſion to the Grantee for term of life onely92 and the Tenant attorneth generally, the Grantee deviſeth this reverſion: this is a good device.

A husband makes a Leaſe for life to the daughter and heir apparent of his wife, being covert rendring rent; the wife mother dieth, the husband deviſeth the rent: this is void.

A man makes a leaſe for life, reſerving rent to him and his heirs, the Leaſſor deviſeth his rent; this is good: but if he reſerve the Rent to him and to his Aſſigns, it is not good.

What gift, or eſtate, or conveyance ſhall be ſaid to be made by covin or fraud, and what not.

A m•n holdeth Land in Soccage of a common Lord; and he conveys this by fraud to defrand the Lord of his relief or herriot, the Lord ſhall not take advantage of this covin.

The Tenant makes an eſtate in Fee upon condition, and takes back an eſtate to him for liſe, the remainder to his eldeſt ſon in tail, and for default of ſuch iſſue, the remainder to the heirs of the Body of the father93 begotten, the remainder over in Fee to the Lord of whom the Land is holden, yet this is covin at the pleaſure of the Lord.

A man bona fide enfeoffeth two of his ſervants to their own uſe, for good ſervice done and to be done; and they by covin convey divers faandulent eſtates to their maſters, which remains over, &c. and the maſter knowing of their intent rejoyneth at it, yet this ſhall not be fraud.

The Tenant intending fraud, enfeoffeth divers perſons, and putteth the Lord in truſt as Attorney, to make Livery and Seizin, and ſo he doth, yet the Lord ſhall avoid this covin.

The Tenant maketh a Leaſe for years to the Lord, and after by a Fine conveyeth fraudulent Eſtates, &c. and after, the Lord within the term, maketh his Executor, and dieth, and the Execu•or entreth into the term, and after the leſſor dieth, his Heir within age