THE Order of keeping a Court Leete, and Court Baron: with the charges appertaining to the same: truly and plainly delivered in the English tongue, for the profit of all men, and most commodious for young Students of the laws, and all others within the jurisdiction of those courts. By jonas Adames. Quicquid agas prudenter agas, & Respice finem. Imprinted at London by Thomas Orwin & William Kirckham, & are to be sold at the little North door of Saint Paules Church, at the sign of the Blacke-boy. 1593. THE ORDER OF Court Leete, and Court Baron. FIrst, there shall be a precept made by the Steward unto the bailiff, to warn the Court by a reasonable time: that is to say, six or more dayes before the Court be kept, in such form as followeth: but it is the better, if warning be sixteen daies before, as it is in the Common bank. The Precept. A. B generos ▪ Senescal. Blackforde. Manerij praedicti Baliuo eiusdem Saluten. Tibi praecipio pariter & mando, quod diligenter praemonere facias omnes tenentes infra Manerium praedictum, tam residentes quam non residentes, atque omnes Tenentes Custumarios Manerij praedicti, quod sint coram me in hac parte sufficienter deputato apud Blackford praedictam, die specifics vicesimo sex to die Martij, proxime suturo post datum huius, ad faciendum sectam suam, tam ad visum Franc. Pleg. quam ad Curiam Baron. & omnia alia quae eis incumbent, & pertinebunt, & haec nullatenus omittas, & habeas ibi hoc praeceptum: Datum sub sigillo meo, decimo die huius mensis Martij. Ao. Regni Elizabeth Dei gratia Angliae, Franc. & Hiberniae Reginae, fidei defensor. &c. Vicesimo quarto. After that the Steward is set in the Court, he must first enter in writing the title of the Court in the beginning of the Court roll, with the name of the place in such form as followeth. The entry of the Court Leete, and Court Baron. VIsus Franc. Pleg. cum Curia C. L. Blackforde. generosi Domini eiusdem ibidem tent. die specifics, videlicet vicesimo sexto die Martij, An. Regni Dominae nostrae Elizabeth Dei gratia Angliae, Franc. & Hiberniae Reginae, fidei defensoris, &c. vicesimo tertio tent ▪ per A. B. Senescallum ibidem. When that is done, the Steward shal cause the bailiff which serveth the Court, if it be in a leet, to make proclamations, that is to say, three Oyes: and if it be in a Court Baron, then but one, and after shall say as followeth. All manner of persons which had warning to appear here this day, to serve the queens majesty for her leet, and the Lord of the manor for his Court now holden, draw near and give your attendance, and every one answer to his name as he shalbe called, vpon pain and peril that may fall thereof. And after all be called, and those that are absent be marked to be amerced, then the Steward shall cause again( if it be in a leet) to be made other three Oyes. Then after the three proclamations made, the Steward shall cause the bailiff to say. If any will bee Essoynd, come in and you shall bee heard. And in a Court Baron, if any will be essoined or enter any plaint, come in, and you shalbe heard, and then the Steward shall say, essoins and proffers of suite and plée three times, and in the end essoins for this day. Then if there bee any person that hath any lawful impediment that he cannot bee here as he is bound, let one ask an essoing for him( the Court sitting) to save his default. And then the Steward shall enter the essoing in the Court roll in this manner. The manner of entering the essoins. A. B. per C. D. essoniatur de cōi. & sic de aliis. look also if there bee any tenant in the manor that hath any action, or cause of action, sithence the last Court day, let him put in his plaint the Court sitting, and it shalbe entered. look also if there be any precepts, attachments or distresses hanging in the Court rolls inquire of them openly in the Court, and know if the Baylie haue served them. Also if there be any old plaints hanging in the Court Role before this Court holden, cause the parties to be called, and before th'enquest bee charged, know if the plaint shall pass by the homage. That done th'enquest shalbe empanneled. Then bid the Foreman lay his hand vpon the book, and swear him in form following. The oath of the Foreman. Cause the Baylie to hold the book unto the party or parties sworn, but the Steward shall give the Oth. YOu shall diligently inquire, and true presentment make of all such things as you shall be charged with, concerning as well the queens majesties leet, as the Lords Court of the Mannor: you shall well and truly keep * If the Court Baron be kept by itself, there shall be omitted in this oath these words, the queens counsel, for that it is not the queens Court, but the Leete is. the queens counsel, your fellowes and your own: you shall not conceal nor hid any thing for favour, fear, promise, or affection you bear to any person or persons, or present any thing for hatred or malice you bear to any man: but you shal present and tell the truth, the whole truth, and nothing but the truth, so help you God, and by the contents of this book. And this being done, cause him to kiss the book. After the foreman is sworn by himself, cause three or four of th'enquest to lay their right hands together on the book, and give them their oath as followeth. The oath of the rest of the jury. AL such oath as A. B. hath made before you on his behalf, you and every of you shall well & truly keep on your behalfs, so help you God and by the contents of this book. And then cause every one that is sworn to kiss the book. And so in like manner swear the rest. After they be sworn, cause the Baylie to number them that be sworn, as the Steward doth read them. The Proclamation after the oath taken. THen make proclamation and say thus. All you that be here sworn, draw near and hear your charge, and all the rest keep silence, vpon pain and peril that shall come thereof. Before the charge, gather the common 〈◇〉, which the Tenants do pay every leet, according to the custom of the Mannor. The exhortation to be given unto the jury before the charge, to consider their Oth. MAsters, the charge which you haue promised by your oaths to observe, toucheth and concerneth diuers good laws and statutes made for the whole commonweal of this realm, and also for the private wealth of every of you, which matters the Lord of this Fraunches considering, and wishing your wealth and quietness, willing also good orders to be observed and kept among you, and that right and equity might be ministered to every of you, hath caused therefore the queens majesties leet and her Court to be summoned and kept here as this day: I will therefore by your favour, before I enter into the matters of your charge, declare unto you by what authority you are brought hither, and wherein you are bound to serve. One cause is, for that the queens majesty and her noble progenitors haue given and granted unto the Lord of this Mannor, a strength and power to keep a leet or Law day at two times in the year, which Léet or Lawday al the Hed-borowes, tithingmen and Desiners, and all other persons which be resident or dwelling within this leet, being of the age of twelve yeares or above, are bound by the lawe of this realm to appear: for that there they may hear the laws and Statutes opened and declared, that thereby they may know and avoid the dangers of the same, and further to inquire of the breakers of the same: and present them, that such offenders might be punished. The other cause or authority is, for that you be the Lords Tenants, and are bound by reason of your tenor to appear at the Lord his Court Baron, when it shall happen to be kept according to the law, that is to say, at every three weeks end, and being here by these two authorities, you are bound to serve in all such things, as you are jointly and lawfully charged withall, as well concerning the queens majesties leet, as the Lords Court baron. And thus you haue heard in brief, the causes whereby you are bound to come to this leet and Court baron. Also to the intent that this your oath which you haue taken, may be the better known, I think it good by your patience somewhat to say concerning the same. First in swearing, three things chiefly ought to be considered: The first is, that you swear truly, that is, you must servile all favour and affection to the parties, not fearing the rich, nor pitying the poor, not considering the simpleness of any person, nor the smallness of the offence, but having the truth onely before your eyes, for love thereof say and speak that which you know to be true, and no further. The second is, you must swear in righteousness, that is, for the very zeal and desire you haue in the declaring of the truth, for the executing of iustice, for the observing of covenants, honest promises, Statutes, laws, & good customs, and having a respect in doing and performing these things, you do that which is to the glory of God, the honor of the queen, the preservation of the people and commonweal: and this manner of swearing is commanded of almighty God * Caput. 6. deuteronomy, saying: Thou shalt fear the Lord thy God and serve him, & shalt swear by his name. That is, we must serve God onely, fear him and confess his holy name, which is done by swearing lawfully. Swearing also in many other places of Scripture is commanded, but the same conditionally, which is, we must swear in truth, in iudgement, and in righteousness, &c. Thirdly, in swearing and taking an oath, you must do it with iudgement, not rashly nor unadvisedly, but soberly, considering what an oath is: and to put you in mind thereof, I will in few words declare what an oath is. An oath is the calling or taking to witness of God his name, to confirm the truth of that we say. And S. Paul saith, * hebrews ● vers. 16. 1● ▪ An oath for confirmation is among men an end of all strife. For in doubtful and obscure matters, where the knowledge of men faileth, we fly unto God, that he which is the onely truth, may give testimony unto the truth, and he which useth God for a witness, doth also call for reuenge of perjury at his hands, if he deceive and speak not the truth: also in laying your hands vpon the book, you do swear, truly to inquire and make a true presentment of those things wherewith you be charged, and not to let from saying the truth, and doing truly, for favour, fear, love or malice of any person: you must consider that in the same book is contained God his everlasting truth and most holy word, whereby we haue remission and forgiveness of our sins and everlasting life. Also in the gospel book is contained God his plagues and threats to obstinate sinners, perjured men, false witnesse-bearers, condemners of innocent and guiltless persons, so that if you willingly forswear yourselves, you utterly forsake God, his mercy and truth, the merites of our saviour Christ, his nativity, life, passion, death, resurrection and ascention, the joys of heaven and everlasting life, betaking yourselves to the divell the author of all lies, perjury and deceit: and by forswearing, and forsaking the truth, you do forsake Christ, the light and truth itself. And although that perjury do escape sometime vnespied and unpunished, and be kept secret between some of you and others, yet your hearts will judge and repute one an other false, and be suspicious of each others doings: but God being faithful he will not deny himself, and therefore he will not suffer the profanation of his name to be unpunished: also at the last day, when the secrets of all mens hearts shall be opened, then the truth and your own consciences shall accuse you, and Christ the righteous judge shall justly condemn you to everlasting death and damnation. For this sin of perjury God by his * Malac. 3. Prophet hath threatened to punish. Wherefore let us pray unto God that we may use such oaths as be godly & lawful, that is, that we swear not rashly, in trifles, or in matters of no weight, but when it is needful and necessary onely: also that we do consider the end, that our oaths may serve to the honour of God, and to the bolting out and testifying of a truth. And thus having put you in mind of your dueties and oaths, the which I trust you will diligently weigh and consider in performing and doing the same, to the comfort of your consciences: I will proceed no further therein, but declare unto you the Articles of your charge. The charge of Court Leete. YOu must understand, that high Treasons, petty Treasons, and felonies, which are against the crown and dignity, are to be inquired of and presented in Court leet: but not punishable there, the which offences ought to be set down in writing and indented, the one part to remain with the Steward, the other with the jury, and the same must be delivered to the Iustices of the assizes at the next Gaole holden within the county. First, you shal inquire of high Treasons, as if there be any among you which do compass, imagine or intend the death of our sovereign lady the queen: or if any do utter the same by words or writing: or if any go about to make war against her: or if any bee adherent to any of her enemies. If any counterfeiteth, clippeth, fileth, washeth, or otherwise falsifieth the money of this realm, or the coin of any other realm, which is enabled to bee currant within this realm: or if any counterfeiteth any of the queens majesties seals, as the great seal or stamp: these are high Treasons. Also counterfeiting of the queens seal is to take wax printed with the queens seal, and to fasten it to a writing not made by the queen. These are to be inquired of here as felonies, and to be certified as aforesaid. Rastal. Treason 26. Also if any kill his Master or his mistress: petty treason. or if a Priest, or other religious man kill his ordinary, this is petty Treason, and to be inquired here as felony. 25. E. 3. cap. 2. Also if any woman kill her husband, A woman to kill her husband is petty treason. it is petty Treason, and it is to bee inquired of as felony. 19. H. 6. fol. 47. Also cutting out of a mans tongue, felonies. and putting out his eyes of malice, is felony, and to be inquired of here. Also Murder is when any of malice purposeth to kill another feloniously, Murder. and it is to be inquired here as bloodshed. Also Manslaughter as a trespass is here to be inquired, Manslaughter. that is to say, when the place is not appoynted to fight, but suddenly they fight together, and the one killeth the other as they meet by chance, also it is to be inquired here for bloodshed. Also if one kill another in defending himself, In defending himself and killing by misfortune. he shall loose his goods. The same lawe is where one killeth an other by misfortune, &c. Stamf. 15. A. Also you shall inquire of Rape, Rape. which is, it a man ravish any woman against her will, be she wife, widow or maid, though she afterward consent unto it, it is felony. You shall inquire also of their aiders: for they shall be judged ravishers, as well as he that did the deed. 22. E. 4. fol. 22. Burglars are those which in the time of peace, burglary. or in the night time with a felonious intent to rob or kill, do break any houses, Churches, walls or gates, and enter into them: this is burglary, and here to be inquired of. Stamf. fol. 30. B. robbery is when a man taketh any thing from any other person feloniously, robbery. though it were but the value of a penny: this is felony, and to be inquired of. Also the burning of a house feloniously is felony: Burning of a house or barn Also burning of barns in the night, is to be inquired of. Also robbing of Churches or chapels, Robbing of Churches. and taking of any Ornaments out of the same feloniously, is felony, and to be inquired of. If any rescue any which is taken for felony, Rescue. this is felony, and here to be inquired of. Also taking of doves in dovehouses with a felonious intent, Taking of doves. is felony, and here to be inquired of. Also taking of young Pigeons, young Pigeons and young Goshawkes. or young Goshawkes in their nests, is felony, and here to be inquired of. Also taking of fish feloniously out of pounds, Taking of fish to be inquired of. But if the same be taken out of a river, there it is not felony. Also the taking of tame Déere with a felonious intent, Taking of tame Deere, Signets, Swans, bullocks. is felony. The same lawe is for the taking of Signets, tens marked, and Peacocks, and the same to be inquired of. Also if any receive a Fellones goods, receiver. knowing of the felony which he hath done, this is felony, and here to be inquired of. And note that all other felonies which be felonies by the Common law, are here to be inquired of. Accessaries are enquirable, Accessaries. and that is if one procure or commande another to do a felony, but not present when he doth it: Accessary after felony done. this procurer or commander is accessary. Also accessary after felony is done, is where one receiveth a Fellone, knowing of the felony. Escape voluntary is when one arresteth another for felony, Escape voluntary. and after suffereth him to go whither he will, this is felony, and also to be inquired of. Escape negligent is when one is arrested for felony, Escape negligent. & after escapeth against his will that arrested him, and if he be not freshly pursued and taken, before they that do pursue, loose the sight of him, he that keepeth him, or his jailer, shall loose a grievous fine, and hereof inquire. petty larceny is taking of any thing with a felonious intent, petty larceny. under the value of xii pence: as hens, geese, pigs, or small things out of windows, and those things are to be inquired of. You shall understand that the Lord of whom the Land is holden, escheat. shall haue the Lands by escheat, where their tenants bee attainted of petty Treason, or felony, and the King shal haue a year, a day and waste, permagn. Chart. Chap. 22. and therefore you must inquire what lands and Tenements those persons so offending haue, and what goods for the King, except the Lord haue felons goods by the King his grant, 9, H. 7. fol. 23. Also you shall understand that those matters in the charge aforesaid, are to be inquired of and presented as aforesaid, but not punishable here, but they are to be certified by the Steward in Sessions as aforesaid. But the rest of the matters of the charge which ensue, are enquireable and presentable, and be also punishable here in leet, but not certified as the other were. Those things which hereunder follow, are to be presented in Leete, and also to be punished there. FIrst you shall inquire if all your Constables, Constables, Hedboroughs. Hedboroughs, Desiners, and all other suitors which owe any suite hither, be here or not, & present all their names that make default. Also if any haue dwelled within the Lordship the space of a year and a day, Of th'age of xii. yeares. and be of th'age of xii. yeares, and not sworn to the queen to be true and faithful, this is inquirable. Also you shall inquire if any of the Lords villains be fugitive, villainies. and remain elsewhere out of the Lordship, and be not in the allegiance of the King a year and a day, present the same. Also you shall inquire if any customs, customs. or services due to this Court be holden back, how, by whom, and in what bailies time the same was, and present the same. Also you shall inquire if any Purprestures be made vpon the Land, Purprestures. wood, or water, with blocks, stakes, ditch, hedge, or by, or with any other thing done to the noysance of the people, that is to say, to the multitude, and not onely to one: also if any walls, houses, pales or hedges be made or erected to the noyance of the people, this is to be presented. Also if any common high ways, High ways, waters, ditches or paths. waters, ditches or paths be turned out of their Courses, it is to be inquired of. Also you shall inquire if any encrochment be made on the queens high ways, Encrochment. of any of the Lords soil, Common, or one neighbour vpon another, and present it. Also if any Lastalles be made in high ways to the noysance of the people, Lastalles, or if any carrion be cast in the high way, Carrion. this is inquireable. Also if any commonly break the peace, Make frays. as making of frays in disturbance of the people, this is enquirable. Also if there be any common Barretors in the Lordship, Common Barretors as scolders and brawlers to the noyance and disturbance of their neighbours, Breakers of pound. present their names. Also if any break the common pound, to take a distress out of the same, present their names. Also if any Outcries be made against the laws in disturbance of the people, Outcries against the law. it is to be inquired of. Also if any Rescous be made within the Segniorie vpon the sheriff or his bailiffs, Rescous made against the sheriff or his officers. or vpon any of the Kings Officers, in disturbing of them to take any person to be arrested, it is to be inquired of. Also you shall inquire if any Euisdroppers which stand under walls or windows, Euisdroppers. by night or day, to hear tales and to carry them to others, to make strife and debate between their neighbours, present their names. Also if there be any common breakers of hedges, Breakers of hedges. present their names. Also if any keep and maintain any bawdry in their houses, Keeping of bawdrie. it is cause of breaking the peace and is a 'vice that corrupteth the Common weal, and for that cause it is here to be inquired of. Also if there be any Vagabonds, Vagabonds. and those which walk by night, Roberts men. and sleep in the day, also if there be any that be common hunters of taverns or Alehouses, having nothing to live vpon, To go on message for Theeues. they are to be inquired of. Also if any go in message for thieves, it is to bee inquired of. Also you shall inquire if any person haue watered any hemp or flax in any river, For corrupting the waters. running water, stream or brook, or in any common pond where beasts do use to drink, they shall forfeit for every time so doing, one pound, the one parte to the party grieved, or any other which will sue fo the same in the leet, by action of debt, Bill, plaint, information or otherwise, and present the offenders. Also if any haue and use any measures of bushelles, False weights. gallons, yard or Ell, or false balances, or pounds, they are to be inquired of. Also if any use double pounds, Double weights. or measures, that is to say, one little or small weight to sell by, and a greater to buy with, in deceiving the people, the same is to be inquired of. Also you shall inquire of th'assise of Bread and Ale, assize of Bread and Ale. that the same be kept, that is to say, that every one sell according unto the rate and price of grain, and that the same be made wholesome for man, and hereof inquire. Also if tipplers sell by cups or dishes, or measures unsealed and not sealed, tipplers. it is enquirable. Also if Butchers, Butchers and al other victuallers do sel wholesome meate at a reasonable price. Fishmongers, or other victuallers sell any corrupt victual, not wholesome for mans body, it is enquirable: also that all other that sell victual, if they sell the same at a reasonable price, and not to be excessive, having regard to the prices how victuals bee sold in places near thereabouts, and he that is convicted, shall pay double that he hath received to the party damnified, and the same is to be inquired of. Also that Hostelers do not sell Hay, ostler for selling his Hay & oats. nor oats but at reasonable prices, and that they do not take for the bushel, but a halfpenny over the common price in the Market, and that they take nothing for litter, and this is enquireable. An ostler may bake his bread for horses in his house in any through fare town, ostler may bake his bread. which is no city where common Bakers dwell, and if he bake and not make the same according to the prices of grain, it is to be punished in leet. Also if any ostler or other person, Harbouring any suspect person harbour any suspected persons, perceiving them to be of evil behaviour, it is to be inquired of. Also if Millers take any excessive tolle, Millers. it is to be inquired of: and he ought to take for tolle but the twenty or 23. grain according unto the custom, and according unto the strength of the water. Also if the Miller within this Lordship change the grain which he hath ground, it is enquirable. Also it is to be inquired if all the Artificers do make good work as they ought, Artificers. and if any make deceit in the same, in deceiving of the people, you ought to present their names. Also if any Constable, misdemeanour of officers. Ale-taster, bailiff, or any other officers within this Lordship, haue well and truly done their Offices or no, it is to be enquired. Also no Purueyor shall make any purveyance for the King his house, Purueior. of any thing, to the value of forty shillings or under, except he make ready payment to the party, vpon losing his office, and to pay the value to the party grieved: and if he do the contrary, if the Steward or tithingman, vpon complaint to them make no resistance to the Purueyour, they shal forfeit to the party grieved, the value of the thing taken, and double damages and this is the misdemeanour of these Officers, Peace and watch. and of those misdemeauours, and of all others, the Officers are enquirable. Also the Constable ought to see the peace and watch to be observed as it ought. If any Treasure be found, that is to say, put in the earth, Treasure found. and no man knoweth who hide the same, this is the Kings, except the Lord haue the same by special words, or by prescription. If any Estraies be, they are enquirable, & that is, if any horse, Estraies. pigs, hogs, cattle or tens, which haue come into this Lordship & haue been there a year and a day, and not claimed, then the Lord may haue the property of the same by prescription, but the same ought first to be impounded in an open pound, proclaimed in three markets next adjoining, and if none claim them, then they shalbe seized, and ought to be put into some several land, and not in any covert or wood, where the owner cannot find them, for if they be in covert the property is not changed, though they be there a year and a day. Also you shall inquire whether any thief vpon Waise. hue and cry, or otherwise doth waise his goods, that is to say, doth leave or forsake his goods, or any parcel of them, which he hath stolen, by reason whereof the King is seized thereof or the Lord by the grant of the King: such goods are called waifs, and therefore present the same: also if any officer seize vpon any Théefes goods, though there be no pursuit made in these cases, the King or the Lord by grant or prescription shall haue these goods, &c. If any fly, He that fl●eth. that is to say, if any be found by Inditement of murder before the Coroner, or if he be indicted of felony, and acquitted and found that he flieth, then he shall forfeit his goods to the king, and the Lord may haue them by Charter, and not by prescription, and this is enquirable. If any horse or mere be put vpon a waste ground, Horse or mere scabbed. and be scabbed, or having an infectious disease, he shall forfeit to the Lord of the viz. Franc. Pleg. ten shillings and this is enquirable. If any Exigent be awarded against one indited of felony, Exigent. by the keeping of his goods, they are forfeit, though after he be acquitted of felony, and the King shall haue his goods, and the Lord by Charter, and not by prescription without Charter, and this is enquireable. If any be outlawed in debt, Outlawed. trespass, or other personal action, his goods be forfeited, and the King shall haue them and not the Lord, except it be by Charter, and not by prescription, and this is enquireable. Also you shall inquire if the common Fine haue been here to be paid according to the custom. Commō Fine. and whether the same be gathered according unto the usage, this is commonly gathered by the Hedborough. Note that every one that hath view of Franc. Pleg. ought to haue pillory and Stocks to do Iustice: Stocks. also in every town where there is a leet, there shall be stocks, and for default thereof the town shal forfeit five pounds, and the same is enquireable. Also you shall inquire whether any haue used in any of their garments, Appare ▪ velvet, satin, damask, Taffata, sarsenet, Chamlet, or any furs, as foins, jenets, Martines, Squirrell, fox, Graie, coney, Hare, or other furs growing within this Land, or gold, or silver, in or vpon any of their garments, otherwise then the Statutes made in the 24. year of H. 8. and 1. and 2. of Phil. and mary do allow, you shall present the offenders. Also you shall inquire whether any Baker, Victualle● ▪ brewer, Butcher, cook, tippler, &c. do take excessive gain or no: also whether they conspire, covenant, promise or make any oath not to sell victual, but at a certain price, and present the same. Also you shall inquire if any Artificers, Artificers. workmen, or, labourers haue conspired promised, or made any oaths that they will not make or do their works but at certain prizes, or not to finish that which another hath begun, or will do but certain work in a day, present them for they shall forfeit certain penalties, 24. H. 8. Cap. 12. Also you shal inquire if any man being the queens subject not lame or maimed, Archers. not having any lawful impediment, being within the age of forty yeares, except spiritual men, and Iustices, do use and exercise shooting in long-bowes, and whether the fathers of such as be of tender yeares, do bring up their children in the knowledge of shooting, and whether every man child of six yeares and upward, haue a bow and four shafts: if they haue not, their governors shall forfeit certain penalties: present therefore such offenders. Also you shall inquire if the butts bee made and continued, butts. & if your butts be not made and continued, ye shal forfeit for every 3. moneths for default thereof xx. s. Also you shall inquire if any Tanner haue offered to be sold any hid of Bull, Tanners, Curriers, and tanned leather. ox, Stéere or Cow gathed or cut, whereby the same is diminished, he shall forfeit for every one twelve pence. Also no Currter ought to curry any leather in a shoemakers house, Curriers. and none ought to curry any leather evil tanned. Also you shall inquire if there be any Crow-nets, if there be not, Crow-nets, and Crow-neasts. the Lord shall haue the moiety of ten shillings, which shall be forfeited by the Parish or town for not having the same. Also if they destroy not the Crow-nests when they begin to breed, they shall be amerced. Also you shall inquire if any person by any means haue taken and killed any young brood spawn or fry, For the taking and killing of fish. of Salmon, eels, Pikes, or any other fish in any stream, river, brook, Floodgate, or in the tail of any Mill, and present the offenders. And further, when any person hath taken in any of the places aforesaid, any Salmons, or Trowtes out of season, or any Pikes or Pikerels not being in length ten inches, or any Barbell not being in length twelve ynces, or any Salmons not sixteen inches: If any haue done so, they shall forfeit certain penalties. Also you shall inquire if any break by day or night the head or damme of any Pond, Breaking the head of any pond. pool, or moat, within which the Lord hath fish, to the intent to scatter, steal, and destroy the fish, he shall pay to the Lord triple damages, and shall be imprisoned three moneths, and after find sureties for seven yeares of his good abearing. Also you shall inquire if any do hunt Déere out of the Lords land, Hunting of Deere. or kill any of his Déere, and present them. Also you shall inquire if any person do keep or maintain any Common house, unlawful games. Alley, or place of Bowling, Quaytes, Cayles, tennis, Dicing, Tables, or Carding, or any other unlawful games, and present them: if they do they shall forfeit certain penalties. Also you shall inquire if any person do haunt the said houses and places. Also further you shall inquire if your Constables and other officers do make true search in such places which be suspected to be frequented with any unlawful games, yea or no, if they do not they shall forfeit certain penalties, you shall therefore present such offenders. 33. H. 8. Cap. 9. No stoned Horse being of the age of two yeares, Horses. except he be fourteen handfuls high, shal be put to pasture in any Common, forest, or Chase, vpon pain of forfeiting the same Horse. Also the said lands ought to be yearly driven at Michaelmas by the Lord, tithing men, Constables, &c. or within fifteen daies after, vpon pain of forty shillings: and if vpon the same driving there be found any mere, fool, or Gelding, not able to bear Foles, or not able to do profitable service, the same shal be slain and butted. 32. H. 8. cap. 13. Also you shall inquire if the inhabitants after Robberies and felonies committed, Hue and cry. do make fresh suite from town to town, or from county to county, or from Hundred to Hundred, according to the Statute of Winchester. 13. E. 1. cap. 2. For if a man be robbed in the day time, and the thief escape and is not taken within half a year after the robbery, for lack of Hue and cry, the Borough or Hundred shall answer to the party all his goods and damages. Also if any person be killed in a town in the day time, and the murderer or manslayer escape, not taken nor arrested by those of the town, then the township shall be amerced. 18. E. 2. Also you shal inquire if your Constables and Churchwardens haue appoynted any surveyor for the mending of high ways, For the mending of high ways. leading to Market towns or no, and if any chosen, refuse the same office, he shall pay twenty shillings. Also you shall inquire whether the same surueiours haue taken vpon them the said office, and put the same in execution: and whether the parishioners haue done their duties, and present all those that haue offended contrary to the same Statute, for the offenders shall forfeit certain penalties. Also you shall inquire if the ditches be scoured, Scouting of ditches & cutting of hedges. and bushes cut according to the Statute made in the first year of Q. Elizabeth, for not doing of the same they shal forfeit ten shillings. The moiety of all the forfeitures for these Statutes, Nota. the Churchwardens shal haue to bestow vpon the high ways. Also you shall inquire if any person haue watered any hemp or flax in any river, For watering hemp or flax running water, stream or brook, or other common pond where beasts do use to drink, they shall forfeit for every time so doing one pound, the one part to the party grieved, or any other which will sue for the same, and shall give a remedy to sue for the same in leet by action of debt, bill, plaint, information or otherwise. Also you shall inquire whether any refuse to come to Musters before any person authorized to take the same, Musters. he shall be imprisoned for ten daies, except he pay to the King forty shillings: and if any person appoynted to take Musters receive any money to release any appointed to serve, he shall forfeit ten times so much as that he received. 4. & 5. P. M cap. 3. If any person to the number of twelve, riots. make an unlawful assembly, as in breaking of banks, Enclosures, parks, Fishponds, barns, Houses, and such like, and proclamation be made by the sheriff or Iustice of Peace that they depart, and notwithstanding they remain together an hour after proclamation made, every such attempt is felony. Also every Copyholder being a Yeoman, Husbandman or labourer, of the age of eighteen yeares, and under threescore, not sick, nor having a reasonable excuse, and being required by the Iustice, sheriff, &c. to apprehended those persons aforesaid, and refuse, shall forfeit his estate during his life, and his Lord may enter. Also the Farmer being a Yeoman, &c. refusing, is in the same case to his Landlord. Also it is felony if any person without compulsion, bring, send, or deliver any money, harness, artillery, weapons, or victuals, to any person assembled in such manner. Also the Iustice of Peace or other officer may raise a power to suppress them: and if any officer kill any such rebellious persons, or maim them, they shall be free: and if any person know of any such pretended rebellion, and do not openly declare the same within xx. houres next after such knowledge, he shalbe imprisoned for three moneths without bail or mainprize, if he be not discharged by a Iustice of Peace: also he that letteth or hindereth that proclamation that the same bee not made, committeth felony. Anno quinto Eliza. cap. 1. Of the queen and assurance of her power. If any extol or set forth the authority of the Bishop of Rome against the form of this statute, he shall incur the danger of a praemunire, and this statute is to be declared in leet. None may trace, Tracing of Hares. destroy, or kill a Leueret in the night with dog, or otherwise, and he that doth it shal forfeit six shillings eight pence. 14. H. 8. cap. 11. Also you shall inquire if those persons which do sell Wines be thereunto licenced, Licenses for Wine. according unto the Statute made in the vii. year of E. 6. &c. vpon a grievous pain and forfeiture, and for every day occupying or selling of Wine without licenses. Also you shall inquire how many there are licenced, and present them. Of this and all other matters and defaults you shall diligently inquire and make a true presentment. Then after the charge is given, the Steward shall commande the crier to make proclamation, and after proclamation made three times, the Steward shal say. IF any can inform the Steward or this inquest of any petty Treason, felony, petty larceny, Purpresture, breaking of Pounds, or of rescues, or of any other thing done against the peace, or of any person of evil behaviour within the leet, or of any Artificer that doth make deceit, or of any other misdemeanour of any officer, or other person here, or of any waif or Stray, Treasure found, or of any other thing here to be inquired of; come in and you shall be heard. Then if any come in he shall be sworn to give evidence to the jury, and after that the Steward shall say to the inquest. go you together and inquire of the matters of your charge, and when you be agreed I shall be ready to take your verdict. Finis deal Charge de Court Leete. THE ORDER OF keeping Court Baron. The style of the Court. CVria Baronis M. L. ibidem tenta die Martis, Overstoy. videlicet decimo quarto die Maij, Anno Regni Elizabeth Dei gratia Angliae, Franc. & Hiberniae Reginae fidei defensoris, &c. 21. tent. per A. B. Senescallum. After the style of the Court entered, you shall cause the bailiff to cry once Oyes, and then call the jurors. Examp. John do, Richard row, John Den, Richard Fen, Walter helen Robert Allen, Iuratores. Rob. Dodge, Tho. Lodge, Adam clerk, david park, Henry lo, William Croe. Homage. After the jury is called, the bailiff shall cry an other Oyes, and then the Steward shall say: If any will be essoined or enter any plaint, come in and you shalbe heard. And after the essoins be entered, and your plaints determined, then empanell the jury, and swear them. After th'enquest is empaneled and sworn, make another Oyes, and say, you good men which be empaneled, come near, and you and all other keep silence during your charge. An exhortation to the jury. MY Masters, you that be sworn, before I give you your charge in this Court Baron, I think it good to declare unto you by what authority you are commanded to be here, and for what cause. Chiefly you are appoynted to be here for that you be the Lords Tenants, and are bound by reason thereof to appear at the Lords Court Baron when it shal be kept according unto the lawe, that is to say, at every three weeks end being warned, and being by the same authority there to end and determine injuries, Trespasses, Debts, and other actions, where the debt or damage is under forty shillings. And also that nothing be done within the manor hurtful to the inheritance of the Lord of the manor, which ought to be inquired and presented for the Lord: and that you be the more diligent and careful in inquiring and presenting the same, I haue ministered an oath unto you, which is the calling or taking to witness of God his name, to confirm the truth of that you shall say and present, minding neither fraud nor deceit, but onely the truth, not partial, but seeking the glory of God, the profit of your neighbours, and the common weal of God his people. The Charge. FIrst you shall inquire of the suitors which owe any suite to this Court whether they be heires or noe, and present their names that make default, for they which be absent ought to be present here as well as you, except they haue some lawful impediment to the contrary, for they hold their lands as well to do their suite as to pay their rent, so that if they do not their suite they shall bee amerced, or the Lord may haue good remedy for the same: otherwise you shall understand, that every common suitor is bound to the laws to appear at the Lords Court Baron at every three weeks end: The tenants are bound to appear at every 3. weekes end at the Lords Court Baron notwithstanding, the Lord for your ease,( which he estéemeth more then his own profit suffereth the same to be kept but seldom, as appeareth, for which cause every of the Tenants ought the more willingly to come unto his Court at such times as he doth appoint for the same: for if they wilfully absent themselves, then they render evil for good, and besides that they incur the danger of perjury, for when they did their Fealty, they were sworn to be true tenants unto their lord, and to pay and do all manner of suits, customs, and services due for their Tenements, at their day assigned, and therefore let every man remember his oath and duty, and do his suits and services according to the same, or else he shall fall into the danger aforesaid. Next you shall inquire whether there bee any tenants dead sithence the last Court day or before, What tenants is dead since the last Court. whose death as yet is not presented, and you shall present the same: What land he holdeth and by what service. also what lands and Tenements he holdeth of this lordship at the time of his death, and by what services, that is to say, whether it were by Knights service, Socage, tenor, or Copiholde, and what advantage the Lord shall haue by his death, as ward, marriage, belief, escheat, Fine, Herriot, &c. Also who is his next heir. and who is his next heir, and what age he is of, and in whose keeping, and present it. You shall understand there be diuers manner of tenors, but most men do hold by Knights service, or Socage tenor. Knights service is when the Tenant holdeth of the Lord by Escuage, Knights service what it is. that is to say, by the service of the shield, also to hold by Castle guard, that is to say, to keep a Castle, or tower, or door, or other place of his Lords vpon reasonable warning, when the Lord heareth the enemies do come into England, th● is Knights service. Also he that holdeth by Homage, Homage, fealty, & Escuage Knights service. Fealty, and Escuage, holdeth by Knights service. Also he which holdeth of his Lord to blow a horn to warn the men of that country when enemies do come into England, holdeth by Knights service, Knights service is done by the body of a man and Knights service ought always to be done by the body of a man, and that service draweth unto it, ward, marriage, and relief: for when such a tenant death, seized, and his heir male within age, Knights service draweth unto it ward, marriage & relief. and unmarried, the Lord shall haue the land holden of him, and also the marriage of him until he be of lawful age, that is to say, the age of xxi. yeares. But if such a Tenant death seized, his heir female being of the age of xiiii. yeares or more, then the Lord shal neither haue the wardship of the Land, nor yet of her body, for that the law intendeth, that a woman of that age may haue a husband able to do knights service: and if she be within the age of xiiii. yeeres and unmarried, then the Lord shall haue the wardship of her land, and also of her body until she be of the age of xvi. yeares. And some such Tenants do hold by half a Knights service, & some by half a fee, & some by more, and some by less: & if such a Tenant dieth which holdeth by one Knights fee, & his heir being of full age, then the Lord shall haue Homage and fealty, & also five pound for a relief, & of him which holdeth by half a Knights fee, ii. pound x. shillings, & he that holdeth by more shall pay more, & he that holdeth by less shall pay less, you shall therefore present whether any such Tenant died seized of any such lands & Tenements so holden yea, or no. Also you shall inquire whether any tenant which held by Knights service, made any feoffment to his heir, and after dyed, his heir being within age, yea or no. And whether any such tenant made any alienation of any such land so holden to any person by collusion, Alienation by collusion and holding by Knights service to defeat the Lord of his ward, or other profits, yea or no, and present that: for in all these cases the Lord shall haue the ward and marriage of his heir, and also of his lands, as well as if the said tenant had dyed seized of the same land. Also you shall inquire whether any such tenant which held by Knights service, feoffment a son use, the land holden in Knights service did make any Feoffment by deed to his use, or any recognisance by fine to his use, or suffer any recovery against him to his use, and after dyed, and no Will by him declared, and present it: for in those cases also the Lord shall haue relief of his heir, being of full age, and other dueties, as well as if his tenant had dyed seized. Also you shall inquire whether the heir of such tenant, entred into any such lands so holden, Entre for condition broken. for any condition broken, being made by any of his ancestors, and present it. And whether any such tenant hath entred into any house of Religion, Entre into Religion. and is there professed yea or no, and present it: for in these cases the Lord likewise shall haue such profits, as he should haue had if his tenant had dyed seized. Also you shall inquire if any tenant which held by Knights service, Disseisin of the tenant, & death before any reentree. was disseised of lands so holden, that is to say, put out of them by one which had no rightful title to the same, and after dyed before any reentree, or ny lawful recovery had, and present it, for the Lord shall haue the wardship of the body of the heir and of his land, as well as if his tenant had dyed thereof seized. Socage tenor is, as if the tenant holdeth of the Lord by fealty and certain rent for all manner of services, What Socage tenor is. or by homage and fealty for all manner of services, or by fealty onely for all manner of services, or to pay a sum of money for escuage, or to pay a certain sum of money for Castle gard: al such tenors are tenors in Socage: and all other tenors which are no tenors by Knights service, are tenors in Socage: and where such tenants die seized of any lands so holden, the Lord of whom the land is so holden, after the death of his tenant, can haue no more profit but onely his fealty and relief, relief is as much money as one yeares rent. that is to say, as much money and service as one yeres rent doth amount unto. As if the tenant held by fealty, and ten shillings for a relief, over and besides the ten shillings which he shall pay for his rent, and in such case after the death of the tenant, such relief is due to the Lords maintenance, so that the heir be of the age of xiiii. yeares, and he ought to tarry for his relief until the day of payment of the rent, but he ought to haue his relief maintenant, and for that he may distrain immediately after the death of his tenant. Also if a Copyholder die sole seized of any lands or Tenements so holden, A Copyholder dieth. his heir being of the age of xiiii. yeares, then he shall pay a fine unto the Lord and do fealty, and be admitted Tenant: but if the heir be within the age of xiiii. yeares, then some Garden shall be admitted to occupy his Copyhold, and to pay and to do his service due for the same, that is to say, if lands descend from the father, then the mother or some of her next kin shall haue the occupation of the same lands, until the heir be of the age of fouretéene yeares, and they shall a little fine for the Gardenship, and the heir at his entry shall pay the whole fine, you shall inquire thereof and present the same. Also you shall inquire whether any tenant which held by Socage tenor, did make any Feoffment in fee to his use, and dyed seized of the use, his heir being within age, and no Will by him declared of the use, and present it: for the Lord shall haue his relief, as well as if he had dyed seized of the same lands. Also you shall inquire whether any Fréeholder hath aliened or sold away his freehold lands or tenements, Whether any Freeholder hath aliened any of his freehold lands. or any parcel of them, and present it: for he which hath bought the land, before he enter, ought to come and give notice unto the Lord that he hath bought the same, and so the Lord shall know his tenant, and the service which the former paid unto the Lord, shall be apportioned according unto the value of the lands. Also you shall inquire whether any which held by Herriot service, Herriot service Herriot custom. or Herriot custom, dyed seized of any lands or Tenements so holden, and present it, for their service shall be apportioned: also the Lord shall haue of every of their several parts diuers Herriots at their several deaths: also if one man haue two several parcels of lands holden by Herriot service, and by two several titles, and dieth seized of the same, the Lord shall haue after his death two Herriots. Also you shall inquire if any Copyholder dyed seized of any lands so holden, Whether any Copyholder dieth seized of any such lands and present it: also whether any Copyholder hath made any lease of his Copyhold, or otherwise aliened or sold the same, and present it, for it is a forfeiture of his Copyhold: for if a Copyholder will alien or sell away his Copyhold, he ought to come into the Court and surrender the same into the hands of the Lord, to the use of him which shall haue the state, or else out of the Court he ought to surrender it unto the bailiff, or to some of the tenants of the Lordship, How a Copyholder ought to surrender his Copyhold to the use of him which shall haue the state, and they to whom the surrender is made, ought to present the same at the next Court, and then pay his sine for the same, and take it to his use in the Court, and do his endeavour to be admitted, and if he be not at the same Court, then the Lord shall haue the mean profits of the same lands, all the rent services and reparations being deducted, until he be amerced of his fine according to his duty. Also you shall inquire if any Copyholder hath made any surrender of his Copyhold, Whether any Copyholder hath made any surrender. or any part thereof sithence the last Court day, or before, and present it, and into whose hands it was made, and in whose presence, or to whose use: for at every surrender the Lord ought to haue a fine, and the party into whose hands the surrender is made, ought to come to the next Court, and present the same, & to yield up his right into the Lords hands, to the use of the alienée, according unto the trust reposed in him, or otherwise he forfeiteth his Copyhold, except he haue a reasonable excuse: for that he doth as much as he may to defeat the Lord of his fine, and also to defeat the other party to whose use the surrender was made. Also you shall inquire if any Tenaut of the Lordship haue given any lands into imortemane, mortmain. & present it. Mortemaine is if a man give or sell any lands to any house of religion, or to any other which be corporate by the Knights grant: also if one make a feoffment vpon trust to the use of an house of religion, or to the use of a guild or fraternity Corporate, that is mortemayne. Also if one exchange lands or Tenements with an Abbot or other body corporate, this is mortemaine. Also if a man of religion or other body corporate doth hold of any man by Knights service, and he release unto him this his mortemaine, and then the King or L. may enter, & shall haue the same by force, * A statute made thereof that the king or Lord shall haue the same. you shall therefore present them that haue given any lands or Tenements in mortemayne. Also you shall inquire whether any tenant for term of life or yeares, or any copyholder of this lordship hath made any waste, Waste. or suffered any waste to be done vpon their lands and Tenements, yea or no. Wast is as when any tenant for term of life, What wast 〈◇〉 and how the same is done yeares, or any Copyholder pulleth down any house, or cutteth down any Timber, trees, or suffereth the house willingly to fall, being on their copy tenements, or if any of the tenants plough vpon any meadow ground, or if they suffer any wall or pale which were covered to be vncouered, by reason whereof the same wall or pale doth fall in decay, or if any of them dig coals chalk, or sand, or make any Mines in their grounds, then they make wast. Also if they fell a tree to the value of three shillings four pence, this is admitted wast: but if a man cut down Timber to repair the old houses which stand vpon parcel of the same ground, and therewith doth repair them, then it is no wast: but if he with the Timber build a new house, then the cutting down of such timber is wast: Or if he cut down any timber to sell, to repair such houses which are fallen in decay, such is wast. But if wast be done with a Tempest, no tenant shall be punished for such wast: but if wast be done by any danger, the tenant shall be punished for such wast. Also it is no wast to fell in a reasonable time such trees as haue been felled within twenty yeares before: but if a tenant cut down such trees to burn vpon their Tenements, where they haue wood sufficient, this is wast. Also a Copyholder may not cut down wood to sell, but he may to burn, vpon his Tenement, or to make reparations as aforesaid. Also you shall inquire whether any tenant in possession or reversion dyed seized of any land or Tenements holden of this Lordship, Whether any tenant in possession or reversion dyed seized without any heir. having no heir at the time of his death, yea or no, and present it, for then the Lord shall haue the land holden of him by escheat. You shall understand that none shall haue lands in fee simplo as heires unto any man, unless he be heir of the whole blood: for if a man haue issue two sons by diuers women, and dieth seized of the same land, and the eldest entereth and dieth without issue, the youngest shall not haue the land as heir unto the brother, because he is of the half blood, but some other heir of the fathers side shall inherit the same land, and if he haue no heir on the fathers side, then the next heir on the mothers side shall not haue the land, but the Lord of whom the land is holden shall haue the land by escheat, and so when land descendeth on the mothers side, the heir on the mothers side shall enherite, and not the heires of the fathers side. Also you shall understand, A bastard may not inherit. that a Bastard can never be heir unto any man, nor yet haue heir unto himself: therefore if any Bastard, or any other tenant haue dyed seized without heires, you shall present it. Also you shall inquire if any tenant was seized of any lands or Tenements, Whether any tenant dyed being put out of lands which he had no right. and was put out of his land by one which had no rightful title, and afterward dyed without any heir, the Lord shall haue his escheat as well as if his tenant had dyed seized. Also you shall inquire whether any tenant of this Lordship hath committed any petty Treason, petty treason, felony or murder committed of any tenant, for which he was hanged, or had iudgement to be hanged. Felonies, or Murders, for the which he was hanged, or for the which he had iudgement to be hanged, though afterward he payed his charge and was delivered to the ordinary, and present it. And whether any Tenant hath committed any petty Treason, felony or Murder, for the which he hath forsworn the Land, for the which he was outlawed, or for the which he was beheaded, or for the which he was overcome by wager of battle, or by death, and present it: for in all these cases the Lord of whom the lands are holden, Whether there be any rents lost, or services withdrawn. shall haue the lands by escheat, and also the evidences concerning the same. Also you shall inquire if there bee any Rents, customs or services withdrawn from the Lordship, which of right ought to be done, and present it, and what rents, customs and services they are, and by whom they are withdrawn, and where the land lieth, that the Lord may haue the remedy for the arrearages thereof. Whether the tenants do uphold and repair their tenements. Also you shall inquire whether the Copyholders or the Farmers of this Lordship do uphold and repair their Tenements, yea or no, and present the same. You shall understand that every tenants is bound to three things: first, that he be true tenant to his Lord: secondly, that he sufficiently repair his Tenements: and thirdly, that he pay and do all suits, customs, and services at his daies assigned: for he took vpon him so to do when he did his fealty: & if he do not pay his suits, customs & services, the Lord shall haue good remedy & recover the same with his damages: & if he be a Copyholder, and do the contrary, he doth forfeit his Copyhold. Also you shall inquire if any Tenant of this Lordship which is bound by reason of his tenor to do suite unto the Lord, Whether any tenant haue withdrawn his services. will do the same yea or no, and present it: and whether any haue used to withdraw their suite from the Lord his Mill, in not grinding their corn there, yea or no, and present it. Also you shall inquire whether any waif or Stray, waif and Stray. is, or was within this Lordship, and whether the Lord bee answered of the same, yea or no, if not, present by whom they are conveyed away: also you shall inquire if any Herryot be conveyed away, yea or no, and present it, and by whom. A waif is if a thief vpon hue and cry and pursuit after him, What a waif is. or otherwise to ease himself of his carriage, without hue and cry doth waif his goods, that is to say, doth leave and forsake his goods which he hath stolen, or any parcel of thē, by reason whereof th● King, or any other Lord or officer in his right, or in his own right do seize th● goods, in those cases the goods so seized are called waifs, & the same law is, if any officer take any goods of a thief, suspecting that he hath stolen them, though there be no pursuit made, and in these cases, the King, or else the Lord by reason of a grant made by the King, or by prescription shall haue the goods so waifed, if the owner of them do not make fresh suite after the thief to attaint him for stealing of the same goods: which fresh suite if he make, he shall haue his goods again, though they be waifed, but then he must sue an appeal, and so haue them. An estray is as when any Horse, What an estray is. mere, ox, sheep, or other Beasts are in the Lordship, and no man knoweth the owner of them, they shall be seized unto the use of the King, or to the Lord which hath such an estray by the King his grant, or by prescription, and if the owner come and make claim within a year and a day, then he shall haue it again, or else after the year and the day the property thereof shall be to the King, or else to the Lord which hath the same by grant or prescription, so that the Lord make proclamation thereof, according to the lawe, in the next markets, and in the Church. Also you shal inquire whether any person haue made rescues against the Lord, Rescous. or any other officer, and present it. Rescous is when the Lord distreyneth in the land holden of him for his rent, or services behind, or if the Lord come vpon the lands and would distrain, and the tenant or some other will not suffer him, that is Rescous. Also if the Lord distrain for service behind, or for damage pheasant, and in driving cattle to pound, the beasts enter into the house of the owner, if in such case he that distreyneth doth pray deliverance, and the possessor will not deliver them, that is a Rescous, therefore you shall present it, if Rescous haue been made. Also you shall inquire whether any person hath broken the Lords pound, Breach of pound. that is, to haue taken away a distress put in, yea or no, and present it. You shall understand, that if the Lord do distrain any tenant for Rent, or service behind, he may impound the same distress in a common pound if he will, or in his own ground, or in his neighbours if he will, by the licence of his neighbour, and all those places in which the Lord doth impound any cattle, are called the Lords pound, but not always when another doth impound any distress in his own pound or in his neighbours: It behoveth him to give notice to the other party, for that if the distress be quick he may give it meate, and then if the beast die for want of food, he that was distrained shall be at the loss, and then he that distrained before may distrain again for the same Rent or duty. Also you shall inquire if any tenant of this Lordship, Whether any Tenant hath let any farm fall to decay, viz. not maintained for husbandry as before. hath let any farm or house fall into decay, which at any time sithence the first year of the reign of King H. 7 hath been let with twenty acres of land being in tilling, yea or no, and present it, for if they suffer their houses to fall into decay, the Lord may take and distrain for half of the issues and profits of the same, and keep to his own use until such times as the houses shall be sufficiently builded and repaired, that is to say, maintained again for husbandry. Also you shall inquire if any inhabitance or common haue overcharged the common or high ways, or your common fields, by putting in more cattle then they ought to keep, and whether any of them hath put their cattle in any their commons aforesaid, before the dayes agreed vpon, and present it, for the Lord as it seemeth may distrain the surplusage, damage, pheasant, or else you may make among yourselves orders and laws for your own profit, that none shall do vpon pain of certain penalties, &c. and by such laws the inhabitants & commoners shall be bound, &c. Also you shall inquire if any person haue made any pits in the high ways, Whether any pits be made in the high ways, breaking of hedges hogs vnyoked, or vnringed. and whether any person do commonly use to break hedges, and to suffer hogs to got vnyoaked, or vnringed, to the annoyance of their neighbors. Also you shall inquire whether any person hath strained or stopped any ways, water, ditches, paths, or turned any of them into a wrong course, stoping ways, waters, &c. & present it. Also if any haue encroached any land of the lords, that is to say, Land, meadow, Pasture, Wood, Heath, Moore, Whether any haue encroached. or any other vacant land without licence of the Lord, by setting of his hedge, pale, or otherwise, and present the same. Note that all the vacant and waste land within the manor, is to the Lord of the manor. Also you shal inquire whether any person eared, Whether any haue removed any marks ploughed up, or removed away any mere marks, baulks or limits between one piece of land and another, & present it. Also you shall inquire if any haue stalked with a bush or beast to kill Déere which is in the Lords Chase and park, Whether any haue stalked with bush or beast. and present it. Also you shal inquire if any person hath, or keepeth away any evidences, Whether any haue or do keep away any evidences Charters, or Court rolls, customary terres, or any other evidences which concern the Lordship, or any parcel therof, yea or no, and present it. Also you shal inquire if any person haue fished, fouled, hawked, Whether any haue fished fouled, hawked. or hunted in this Lordship or Lords warren, and present it. Also you shall inquire if any person haue taken any pheasant, Whether any haue taken any Fesants, &c. Partridges, with net, snare, or other engine vpon the freehold of the L. of this manor, and present it. Also you shall inquire if any haue taken away the eggs of the Lords tens out of their nests, tens or tens eggs. and present it. Also you shall inquire if any land of the lords be kept back, Concealed land. or occupied by any without the licence of the Lord: also what land it is, & how much land hath been so occupied, and of what value by the year the same is, and present it. Also you shall inquire whether the Lord haue any villain within this Lordship, Whether the L. haue a villain within the Lordship. & what goods, cattels, and lands he hath, what estate he hath, that the L. may seize thereupon: also what other things he hath: also if any villain carry his goods out of this lordship without licence of the Lord, or if any freeman espouse a wife without licence of the Lord, you shall present the same. Note if a villain purchase land, and doth alien the same to another before the lord enter, then the Lord after shal not enter: otherwise it is if the Lord enter before the alienation of the villain: the same law is of goods, but the L. may not seyse of the goods that the villain hath as Executor. Also you shal inquire if any trespass be done in any of the Lords liberty, trespass in the corn, grass, &c. viz. in his corn, grass, meadows, pasture, woods, hedges, waters or pounds, or if any take honey, swarms of bees, or any hawks, or eyrie of hawks, or such like trespass, and present them. Also you shall inquire if any land be enclosed, For enclosing in seueralty grounds without licence of of the L. &c. and the same kept in seueraltie which ought to lye open, without licence of the Lord and other fréeholders, you shall present the same, for that no tenant of the Lordship shall loose the Common in the same. Also if any Copyholder let his copyhold land for longer time then a year and a day without licence, A Copyholder may not let longer then a year & a day. except it be by custom that he may let for longer time, and if he do, it is forfeiture, and present the same. Also you shall inquire whether any Tenant of this Lordship hath been outlawed in any action of trespass, Whether any be outlawed. or other action and present it: & whether the L. be answered of his goods & cattels, yea or no, & present the same. Also you shall inquire whether any Tenant for yeres or life, Granting greater estates, &c. haue granted any greater or larger estate then they had in their lands or Tenements, yea or no, and present it, for that is a forfeiture of their estate. Also you shall inquire if the bailiff, Whether the bailiff & other officers do execute their office. Hedborough, Constable, and Hay ward, and all other Officers haue well and truly executed their offices, yea or no, and present it. To conclude, you shall inquire whether all the defaults and plaints that were presented at the last Court be sufficiently amended yea, Whether the defaults and playnts be amended. or no, and whether all the orders and laws heretofore made be observed and kept, yea or no, and present it. And further, you shall inquire for al things which in your consciences you think ought to be preached and inquired of, and by the oaths that you haue taken you shall truly and diligently inquire of all the premises, and plainly without concealing of any fault, bring in a true verdict in writing, subscribed with your own hands, sealed with your seals, by such an hour, or as soon as you can. And finally if you shall know any thing that ought to be presented to the Lords advantage, you shall do us to weet by the oath that you haue made, and bring us in a true presentment. And now you may depart and inquire of your charge, having a regard of your oaths. Finis de le Charge de Court Baron.