TREATISE COLLECTED OUT OF the Statutes of this Commonwealth, and according to common experience of the Laws, Concerning THE OFFICE AND AUTHORITIES OF CORONERS AND SHERIFFS.  
Together with An easy and plain method for the keeping of a Court Leet, Court Baron, and Hundred Court, etc.  
By JOHN WILKINSON of Bernard's Inn, Gent.  
To which is added the return of writts by John Kitchen E sq Now all published in English.  
London, Printed for W. Lee, D. Pakeman, R. Best, and G. Bedell and are to be sold at their shops in Fleetstreet and Gray's In-Gate. 1651.   

To the Courteous Reader.  
WHereas many wise and learned men have written of things that they have gathered by reading, I do publish what I have practised, warranted by authorities in Law. And because the end of writing books is to benefit others, I know it will be acceptable to all that are not deeply studied, to make use of these things which I have collected: neither can it offend the best learned, to s ee that plainly set out, as it were by demons tration: which they by learning already understand.  
The Office of a Coroner, the Office and duty of a Sheriff, and the Office of a Steward, and and the manner of keeping of Courts in Hundreds, Leetes, Baronies, are daily exercised by many, yet few know the true forms that are to be kept in keeping of those Courts: For their sakes therefore I have undertaken this pains, and dare be bold to say, that they shall not much err, if they follow what is here in this Book set down, for direction for them herein. To which I have added the Return of writts, Originally written by the learned John KitchinEsquier, as generally useful, as any of the former Tracts (which with much care and diligence, are now all Translated into English, for thine, and the public good. If thou findest in this work any small errors, be pleased to excuse it, being the first that hath adventured in this untrodden path: And your good acceptance may further encourage me to continued  
Your faithful Servant, J.W.   

A COMPENDIOUS TREATISE, WHEREIN is set forth the Office and authority of a CORONER.  
THE FIRST BOOK.  

A Coroner is an ancient Officer of this common- wealth, and ordained to be a principal preserver of the Peace, and to carry the Records of the Pleas of the capital Office of the upper Bench, and of his own view, and of abjurations, outlawries, appeals, etc. And this definition of him is given by Britton an ancient writer, fol. 3. with the which agreeth the book de tit Coron in Fitz. Nat Br. pag. 186. where he amplifieth his power more largely, viz. That he should carry Records of his own view, Abjurations, Outlawries, Appeals, accusements of thiefs done before him, and of all non suits in appeals, and of all other things done in the County, that appertain to the coroners office: and also in the court of freemen, which have franchises of infangtheef, etc. And in the presence of the Coroner shall all appeals of Robbery and Larceny be framed. The se things do declare the office of a Coroner to be an Office of trust, and of great authority: and for that cause it is requisite that it be committed to a wise man, and of good behaviour, as it was well perceived by our ancient Fathers and predecessors, and chiefly by those that made the Statute at Westminster the 1. chp. 10. which despiseth, for that that people of small condition, and not of the wisest, be now lately chosen to the office of Coroners, and much meeter it were, that wise men, loyal, and sage, should intermeddle with that office, It is provided, that through all Counties be chosen ss ufficient men to be Coroners, of the most loyal and most s agest Knights, which best know, can or will attend to that office, and that they lawfully keep and present the pleas of the Capital office of the upper Bench: And that the Sheriffs have counter-rolles of the Coroners, as well of Appeals as of Inquests concerning Attachments or other matters appertaining to that office. And that not coroner shall demand any thing, or take any thing to execute his office, upon pain of a great forfeiture to the Keepers of the liberty of England by authority of Parliament to the use of the commonwealth.  
The Statute committeth this Office to Knights, and not to any others, and therefore it was held to be a main cause to remove and discharge a coroner from his office, if he be not a Knight: but Master Fitzherbet in his Natura brevium in his writ the Coronator. eligend would not allow the s ame for a sufficient cause at this day, alleging; That those words were put into the Statute, to the intent that a Coroner should have sufficient within the county to answer for all that he doth or aught to do by his said office.  
Also this Statute requireth such a Coroner as can, will, & may attend to execute the said office. And therefore if such a Coroner be elected & chsen as cannot, will not, nor may not attend the execution of the same office, he is to be removed & dis charged by Writ from the same office: & the cause of his not attendance or in's ufficiency must be rehearsed in the writ, viz. that he is occupied in other of the commonwealths affairs, or that he is not in health, or aged, or unapt for the same Office, or that he is insufficient in lands, or that he hath the palsy, or that his abode is in the uttermost parts of the county, or that he is nominated Sheriff, or Ranger of a Forest: but if any of these causes be untrue, and the Coroner thereby discharged of his office by a false suggestion, Than he may if he will go to the Chancery, and there by petition pray a Commission to inquire of this false suggestion, the which if it be found, and returned to the Chancery, than the Keepers of the Liberty of England by the authority of the Parliament may grant a Supersedeas to the Sheriff of that County, that he remove not the said Coroner from his office, and if he be removed before the Supersedeas come, than that he permit the Coroner removed to execute his office as he did before his removal, as it appeareth in Master Fitzh. Nat. Bre. in and by the writs de Coron. elegendo, & de Electione viridariorum.  
But it shall be fare more commendable for him that is chosen a Coroner, that if he perceive any of the said impediments to be in himself, that he than do purchase a Writ to discharge himself from the ss aid office, which Writ he shall find in the Register, fol. 177.  
This Statute also willeth that no Coroner shall take any thing for doing of his office, etc. for this purpose, that he wholly may be at liberty to do and execute Justice and Right, and therefore within twelve years after there was a Statute made to punish that corruption and extortion, which is called Statutum Exoniae, made the fourteenth year of E. 1. which you shall find in the book called s ecunda pars veterum Statutorum, by the which also it appeareth that a Coroner aught to take nothing for executing of his office, which I find not altered by any Statute until 3 H. 7. cap. 1. which giveth him in murder 13. ss. 4. d. of the goods of the murderer, if he have any goods, but if he have none, than the Coroner is to have his Fee by amercing of the village for suffering the Murderer to escape, and if any particular person shall be found guilty of such escape, the Coroner hath power to inquire thereof by the same Statute.  
But I find, tit Cor. in Fitz. fol. 321. & 371. that a Coroner hath a Fee belonging to his office, viz. of every Visne one penny, when they appear before the Justices of Eyre.  
But that Fee is not repugnant to the Statute of West. 1. for he receiveth not the same to do his office, but as a right due to him though that he executeth no part of his office, etc.  
Also the Statute of 1 H. 8. cap. 7. prohibiteth a Coroner to take any thing for doing of his office, upon pain of 40. ss. for every default.  
And also upon like penalty, where he giveth not his attendance when he is sent for and required to make Inquisition upon the death of any dead corpse, etc.  
And since the Stat. of Westminster the first, it was ordained and enacted by a Statute made An 14. Ed. 3. cap. 7. that no Coroner be chosen if he have not lands sufficient in the same County wherewith he may answer all manner of people. This Statute is in the negative, and therefore the not ss atisfying of the same Statute, is good cause to remove him from his office, by the Writ before remembered, the which Writ declareth how he shall be said, to be sufficient, and in what sort the same shall be examined, viz. if he have lands in the county upon the which he may devil agreeable to his degree, for the exercising of the same Office.  
Also after by another Statute made anno 28 Ed. 3. cap. 6. it was enacted, That all Coroners of every County should be chosen in the open Counties by the Freeholders of the said county, of the most convenientest and most loyalst people that may be found in the said Counties, to execute the said Office: always saving to the Keepers of the Liberty of England by authority of the Parliament, to the use of the Commonwealth, and other Lords their Signories and Franchises.  
And note, that when a Coroner is chosen, he shall remain Officer so long as he behave himself well therein and is not changeable every year, as the Sheriffs and Escheators are, qd vid. Hil 4 E. fol. 44.  
Also when he is elected, the Sheriff of the same County, or his Undersherife, must t give him his oath thus as followeth.  

His Oath for the due execution of his Office.  
YOu shall swear that you well & truly shall ss erve the commonwealth in the office of a Coroner, & as one of the Commonwealths Coroners of this County of Southampton, & therein you shall diligently & truly do & accomplish all and every thing and things appertaining to your Office, after the best of your cunning, wit, and power, both for the Commonwealths profit, and the good of the inhabitants within the said County, taking such fees as you aught to take by the Laws and Statutes of this Weal public, and not otherwise. So help you God, and the holy contents of this book. And so let him kisse the book to affirm his Oath.   
First, when he hath notice to take the view of the body of any person slain either with his will or against his will, he must than make his precept to the Con stables and Tythingmen of the Hundred where the party lieth dead, to summon a Jury to appear before him at a day and a place certain, to inquire thereof upon a pain of 40. ss. before remembered. And the form of his Precept is thus: viz.  


South.  By virtue of mine office, these are in the Keepers of the Liberty of England by the Authority of Parliament name, to will and require you immediately upon the receipt hereof to summon and warn 24 able and sufficient men to be and appear before me at A. the 10. day of February next coming after the date hereof, or to morrow being Tuesday the 10 day of February at the Town-hall there, if there be any, or at any other place certain, than and there to do and execute such things as on the Commonwealths behalf shall be given them in charge, whereof fail you not, as you and every of you will answer the contrary at your perils. Dated under my hand and seal this ninth of February, ann Dom. 1638.  
Per me Io. W. unum Coron. Reipub. come. prad.   
To the Constables and Tithingmen of the Hundred of B. in this behalf, jointly and severally greeting.  ANd when he cometh to the place appointed, he must than call for the Constable and Tythingmen to whom he did direct his warrant for their return, and when he hath that, than he must 'cause one of them, or some other for them to make three proclamations or Oyes, and call the Jury thus: You good men which be returned to appear here this present time, to inquire for the Keepers of the Liberty of England by authority of Parliament, answer to your names as you s hall be called, every man at the first call, upon pain and peril that may fall thereon. This done, when you have a full Jury of 14. or 15. call the foreman to the Book, and swear him thus; You shall duly inquire, and true presentment make of such things as s hall be given you in charge, according to your evidence, so help you God, and the contents of that Book. 
Than call the rest of the Jury, and swear them by four at once, and swear them thus.  ALL such Oath as A.B. your Foreman hath taken before you on his part, you and every one of you shall well and truly observe and keep on your parts, so God you help, and the contents of that book. 
And when they are all thus sworn, call them again, and let the Crier count them after you, and than bid them s tanned together and hear their charge.  
Than begin your Charge thus.  

The Charge.  
SIrs, you that be sworn, you shall understand what the cause of our meeting is here now at this present, It is to inquire and present or found, how A.B. came to his death: for when any man, woman, or child do come to to their death by any casualty, or untimely means, than the Keepers of the Liberty of England by authority of Parliament have appointed Coroners in every County to inquire thereof by the oaths of men: And therefore by virtue of mine Office, I have caused you to be called hither, and have impanelled and sworn you to that purpose e, to the end that the Keepers of the Liberty of England aforesaid, and their immediate Officers may be truly certified how and by what means a member of this Commonwealth is lost: Therefore now your charge is, to inquire how and by what means the said A.B. came to his death, that a true record may be made thereof; If he was slain in fight, than you must inquire by whom, when, and where, & in what manner, and with what weapon, as near as you can, & what goods, chattels, lands or hereditaments the offender had at the time of the fact committed, or at any time since, and whether he be fled for the same or not; For I must tell you, that Coroners have authority to inquire by their Office of all manner of homicids and ss laughters of men, especially above all other things, and that by the oaths of men s uper visum Corporis, and not otherwise: And these homicides and slaughters of men are of divers kinds or degrees, but they are all comprehended within two kinds, viz. spiritual homicide, and corporal homicide: the first is the slaughter and des truction of the soul, which is God's part, if he die in the faith of Christ: and the other is the slaughter of the body, which is the Commonwealths part, that must take his end by the due execution of Justice for the offence committed against the Law: and a corporal homicide is twofold, that is to say, Lingua, & facto, Tongue and Fact; Lingua, by the Tongue is three fold, viz. in commanding, in giving of counsel, and in descending: Facto, by Fact, is four fold, viz. in execution of Justice, Homicide willingly done, Homicide done by chance, and Homicide done by necessity: Homicide done by Justice, is when a man is justly condemned and executed for his offence: Homicide willingly done, is either murder, or at the lest man's laughter: Homicide done by chance, is by some accidental means, as where one is killed by casting of a stone unawares, or shooting of an arrow, or such like, and killeth one against the will or intent of him that casteth or shooteth. And Homicide of necessity is when a man cannot choose but he must either kill or be killed, and that will be taken to be in his own defence: than there is Homicide inevitable for the advancement of Jus 'tice; And that is where a Sheriff or other officer by warrant pursues a Felon which will not obey or yield himself, but offereth violence, and so is killed in apprehending, or where a man killeth a thief which would rob him: In these cases he which committeth such Homicide shall be acquitted, and neither loose life, lands, or goods for the same. There are other Homicides which are no Felony, and that is where a mad man either kills them elf or any other person when he is mad, or where a child is killed in the mother's belly not in rerum natura, and that for two causes, viz. one because it had not the name of Baptism, and the other because it cannot be certainly known whether the mother killed it by some other means or no; but if an Infant of nine years old kill a man, woman, or child, if such Infant than knew good from evil, it is felony in such an Infant, and that will be well known and perceived by the answer of such an Infant to such questions as may be demanded of him: or here also if a man take upon him to be a Phys itian or a Surgeon, and not allowed to use and practise such faculty, if he take upon him a cure which dyeth under his hands by his ignorance, it is held to be Felony in such Phys itian or Surgeon. Also if a man keep a dangerous beast, as a Bull, a Bear, a Dog, or such like, he knowing them to be dangerous, and yet doth not keep them tied, but wilfully suffereth such beasts to go at large without a keeper, if such beas t kill a man, woman, or child, it is held to be Felony in the owner of such Beast: Also there is another kind of Homicide, which is a kind of Murder called Felo de se, and that is where one hangs, or kills, or drowns himself for lack of grace: for as it is Murder and Felony for one man willingly and wilfully to kill another; so likewise it is murder and felony for a man to kill or drown himself willingly & wilfully, yet they are not both in one case and predicament; for the first doth forfeit by that fact both his lands, and his goods, and the other forfeits but goods and chattels, and no lands. There is also another kind of Homicide, not done by man, but by casual means, and that is called Homicide by misadventure or misfortune, by a Horse, or a Cart, or a Bough of a tree, or such like: and in this case, omne quod movet cum eo quod occidit hominem deodand est Reipublicae; every thing that moveth with that which kills a man is Deodan, unless the Keepers of the Liberty of England by authority of Parliament have formerly granted the same away to some Lord of a Liberty, as is commonly done, than if it hap to be within such liberty, it belongs to the Lord of the Liberty. But if any of these Homicides fall out to be wilful Murder, which is a more ss t bloody and a crying sin, and cannot be too severely punished, and therefore by the Law, the offender herein aught to loose both life, lands, and goods, an eye for an eye, and a tooth for a tooth. And if Manslaughter, if the offender can read well, than he may in favour of life, by the Keepers of the Liberty of England aforesaid mercy, have the benefit of his Clergy, and so save his life, but he shall loose and forfeit both his lands and goods, and yet the Law of God not therein satisfied: The goods must be found, appraised, and valued, of such offenders, and left in the Township or Village where such offendor dwelleth, by them safely to be kept, until the offendor be acquitted or convicted by due course of Law; in the mean time the offender must be maintained with his goods, so as he may be kept alive to answer his fact, and what shall remain when he is convicted, those to whom such goods do belong by the Law must have them, and not before, and thereof di scharge the Township or Village which had the custody of such goods. And as for the offenders Free land, if he have any, immediately after conviction, the Keepers of the Liberty of England by authority of Parliament to the use of the Commonwealth must have annum, diem, & vastum therein, and after the Lord of whom it is holden shall have it as an Escheat. And thus having does coursed at large of all these things incident to my office for your instruction, I will make an end and trouble you not more at this time: and so you s hall hear your evidence.   
Than if the evidence be ready, they must be called and sworn thus.  THe evidence that you shall give to this inquest, shall be the truth, the whole truth, and nothing but the truth, so help you God, and the contents of this book. 
And if the evidence be not ready, than you must appoint the Jury a day and a place to come to you to receive their evidence, and jest they or any of them should fail to come to the plac at the time appointed, you may bind them by recognizance in x. lively or xx. lively a piece, and in the mean time you may sand your Warrant for the witnesses to come before you to be examined, and to deliver their knowledge concerning the matter in question, & be sure to take their examinations in writing under their hands, & if it be about the trial of any man's life, than you must bind over all the witnesses in xx. lively a piece at the least, to appear at the next Affises than following, to deliver their knowledge therein viva voce, if they shallbe thereunto required.  
The form of which Recognisance is thus;  


South.  The third day of October, etc. the year, etc. James S. of B. in the County aforesaid, acknowledges himself to own, etc. under condition, etc.  
That if the said I.S. do personally appear before the Justices of Assize and Goal delivery, at the next Assizes to be holden at the Castle of W. for the said County, and than and there deliver and set forth his knowledge touching the death of A.B. and do not departed thence without licence of the said Court. That than this present Recognisance to be voided and of none effect, or else the same to stand, remain, and continued in force, strength, and virtue.  
Taken and acknowledged the third day of October in the year 1617. aforesaid before me J. W.Gent. one of the Coroners of the county aforesaid. J.W.    

Of wilful Murder.  
This office is the highest and greatest offence that a Coroner is to meddle withal by his office, and it is defined by Bracton to be secret kill of strangers and men known, none knowing or seeing it besides the murderer and his aiders, so that no Hue-and-cry of the County presently follow, etc. And so you may s ee how that Englechery, that is, that he is English, etc. was presented in ancient time until the fourteenth year of E. 3. At which titme by a Statute made the 14. Edward 3. cap. 4. the presentment of Englechery was wholly abrogated and anulled, the letter of which Statute is thus, viz.  
Item, for that there are many mischiefs happened in many countries in England, which knew not how to present Englechery, for which cau see the Commons of the Counties oftentimes were before the Justices in Eyre amerced, to the great grievance of the people; It is therefore agreed that at no time hereafter any Justice of any Eyre shall put any article or opposition presenting Englechery to the Commons of the Counties, nor against any of them. But that for ever Englechery and the pre s entment thereof to be wholly omitted and made voided; so that none for this cause be from henceforth impeached: By the words of this Statute it appeareth, that the presentment of Englechery was so divers by the divers cousin tomes of several countries, that the countries knew not well how to satisfy the Justices in the presenting thereof, but for the undue presenting thereof, they were often amerced and sore grieved: And yet Bracton saith, Because in divers Country's Englechery is differently pres ented in every Eire, the custom of presenting it is to be inquired from the beginning. Als o he putteth there in his Book many things which excuseth the Country by the Common Law from that amerciament or payment of lxuj. marks, for he saith in this manner, That is weighed sometime, etc. And that also was the common Law appeareth in Britton fol. 15. which agreeth throughout with that which Bracton hath here written, the which common Law is changed as I have said before by the said Statute made in the 14. year of E. 3. wherefore a man at this day may define murder in other manner than Bracton and Brittondid, viz. It is murder when any man of malice prepenced killeth another felonious , having no regard whether he kill him openly or secretly, or whether he be an Englishman or not, so that he live in the Weal public under the Parliaments protection, and Homicide that is done in such manner is called Murder at this day; for the name of Murder was not at any time changed, but the Law retained the same continually, for the heinousness of the crime, to put a difference between homicide Chance-medley and Murder: And therefore if a man be indicted of Murder, at this day, a pardon of all Felonies will not help him, and that is by the Statute of 13 R. 2. cap. 1. the letter whereof you may see hereafter: And also the Statute of 1 Edw. 6. cap. 12. which in's veth, videlicet. Provided also, and be it enacted by the authority aforesaid, that all wilful kill by poisoning of any person or persons that at any time hereafter shall be done, perpetrated or committed, shall be adjudged, taken, and deemed wilful Murder of malice prepenced, and that the offenders therein, their aiders, abettors, procurers, and counsellors shall ss uffer death, and forfeit in every behalf, as in other cases of wilful murder of malice prepenced.  

Of Manslaughter.  Manslaughter is where one killeth another having no malice prepenced so to do, yet it is felony, and he s hall loose his lands and goods, and his life too, if he cannot read well, as is said before in the charge: The which thing if a mad man do, it is no felony in him, nor he shall not be arraigned for it, when he is of good memory, as it appeareth in Fitzh. fol. 33. and 21 Hen. 7. tamen in the Eyres of Northampton in 3 E. 3. It appeareth there, that he should purchase his pardon of course e: And with that agreeth 26. lively ass. And the same Law which serveth for a man lunatic, serveth for a man that is deaf, and dumb, as ye may find in the same Plea. And if one of the age of 12 years or more, kill another, that is Felony: the same Law is if he be but nine years old at the time of the kill; so that it may be perceived that he understandeth good from evil, as by his excuse, or by any act done since the kill, videlicet, in hiding the dead corpse in any secret place to the intent it should not be found and known, Because in such case malice supplies age. 3 H. 7. & tit coron 51. And there they respited execution of him to the intent they might procure his pardon. And Bract. said in those e cases of Lunatics, & of the infant, one the want of judgement s aves, the other the weakness of fact excuses.  
And if a Surgeon or a Phys itian allowed, have one in cure, which dyeth presently after, or within a short time after, that is no Felony, for that he did nothing feloniously: but if he killed him with Physic or Surgery, it was done against his will, quod vide titulo Coronae 163. et Britton fol. 14. c. Contr.  
Also if a man have a Bull, a Bear, or a Dog, which is accus tomed to do hurt, and his master or owner well knowing the same, yet do not tie him but suffer him to go at large, and being so at large, he killeth a man, this is held by Fitzherbert, 311. to be Felony in the owner of the beast, by reason of the sufferance, for thereby the owner seemeth to have a will to kill: And note that in ancient time, the will was so material, that the same was taken for the fact, ut patet titulo 1. E. 3. where one compassing the death of another, woundeth him so grievously that he leaveth him for dead, and afterwards flieth, and the man wounded reviveth: And yet notwithstanding, it was than adjudged to be felony, insomuch as the will appeareth to have killed him; the will shall be taken for the deed. And with the same agreeth Bracton, who saith, In things ill done, the will, not the end is looked upon, not material whether any man kills, or be the cause of death. But this Law is not now in force, for he must be dead indeed before it be adjudged Felony. And if a man hurt another with an intent to beat him, but not to kill him, yet notwithstanding if he die of such beating, it is felony in him that so did beat him, wherefore at this day a man may convert the text to Bractons' opinion, and say, The end in things ill done, not the will alone is looked upon, as in the case next before, etc. vide titulo memorato, where for the malicious words of a woman 2. men fought, and the one killed the other, the woman in this case was arraigned of the death of him that was slain: The like case if three men go together to make a dissame, and one of the se three doth kill a man, the other two in this case are taken to be principal Felons, and yet they did it not of any evil will, but only came in one company together, quod vide titulo Fitz. 305. So that many cases may be found, where the end is looked upon, not the will only, as before is said; wherefore to conclude, we may say, that the will, unless see the fact ensueth the same, maketh no offence at this day, but in treason given by Statute, etc.  
It is a general opinion, and commonly agreed upon, that if a man have judgement to be hanged, and commandment given to the Sheriff to see execution done according to the judgement, if the Sheriff after of his own authority do behead the prisoner which was appointed to be hanged, than this is felony in the Sheriff, because the order of the Judgement is not observed, in putting the prisoner to death. The same Law is, if one that is not the Sheriff will kill a prisoner as he is going to the gallows to be hanged, of his own head, and authority, quod vide 35 H. 6. And for this Felony the wife of the prisoner may have an appeal against him that killed her husband: But Scrope is of opinion that it s hall be otherwise, if he that is killed be attainted by outlawry, as it appeareth 2 E. 3. where he that is indicted allegeth, that he for whose death he is indicted was and is outlawed of Felony, Scrope, It may be that that outlawry is reversed, or that he had his charter of pardon, wherefore he must make search and sand into the Chancery, to understand there if he had a charter of pardon, and in the mean time he shall be let to bail till a certain day that the truth be known; and he said further, that if he found that the outlawry was not reversed, nor that the prisoner had not any charter of pardon, that that than the def. shall not answer any further but be discharged of the Indictment: Also it seemeth to be lawful for any to kill a man attainted in a Praemunire, because the Statute of 25 Edw. 3. cap. 21. de producionibus willeth that a man do against them, as against the enemies of the Weal public without any Impeachment, etc.  

Of homicide done by necessity inevitable justifiable.  A Sheriffs Bailife, or any other Officer that hath warrant to arrest any man that is indicted for Felony, may justify the kill of him, if he will not suffer himself to be arrested, but in such sort standeth in his defence, that the Officer cannot arrest him without killing of him, in this case the Officer shall be discharged without suing forth of his pardon of course, ut patet22. lib. Ass. & 22. E. 3. where Thorpe saith, that any man may take and arrest a thief, and if he will not yield, but stand in defence of himself, or else fly, in such case he may kill him without blame, ergo he that hath no warrant as well as he that hath a warrant, by this authority may kill and justify. And there he reciteth, that where a Gaoler came to the Gaol with a Lantern in his hand, to see his prisoners, which had broken their Irons, and standing all ready to have killed him, they beat him, and wounded him very s over, but killed him not: and he having a hatcher in his hand, therewith he killed three of the pri soners, and being called in question for it, was discharged thereof, for it was adjudged by all the Council, that the Gaoler had done well, etc. And therefore note ye, as a man may justify the kill of a man before an arrest, even so he may jus tifie the same after an arrest, so that the same do arise upon an inevitable niece ssity, as before is said. And therefore one is arrested of Felony, and as he is carrying to the Gaol he maketh debate and flieth, and the other in such sort pursueth him, that he cannot take him again without killing of him: this manner of killing is justifiable, qd vide 3. E. 3, etc. And the case is there, That a man did fly to a Church for felony, and after in the night he went from thence, and the village that did watch him in the Church did pur sue him, and killed him, for that he would not yield himself, and it was allowed as well done, tamen in codem tituto 3. Ed 3. Lowth doth doubt of this kill, in that it may be that he that was arrested was nor guilty of the felony, although he was indicted thereof; and nothing like the case where one is pursued upon a robbery done, and the thief killed. But by the book aforesaid it appeareth that such kill is not felony, nor that any thing s hall be forfeit for the same, nor that any pardon is needful, sed vide ibid. fol. 344. that in that case it is finable, and a fine of xl. s. was paid for the same, sed quaer. whether the same was for the kill, or for the escape. And note, that if he which killeth another by reason of any matter inevitable ut ss upra to be found before him by rea son of any jurisdiction that he hath to inquire of Felonies, he shall not be di scharged upon such indictment found, until such time as he be arraigned upon the s ame, and the matter also found by verdict, ut patet ejusdem titulo, for that he himself was Judge thereof. Otherwise it is if the finding of the same be before other Commissioners, vide le Statute de malefactoribus in parcis, made the one and twentieth year of Ed. 1. which giveth power to Foresters, Parkers, and Warrenners to kill the offenders if they will not be justified, etc.  

Homicide in a defending of a man's house and his goods against thiefs, lawful and justifiable for the urgent necessity thereof.  As for example: Many do come to burn my house, myself being within the same, and they compass about the house, but they burn it not; and I shoot out of the same house and kill one of them, this is not felony, ut patet 26. lib. Ass. The same law is if they come to my house and rob me, and my boy or my man that is with me in my house killeth one of them, quod vide in Fitzh. ritulo Coron 3 E. 3. per Lowth & ibidem p. 505. where it was presented that a man had killed another in his own house defending himself, and it was demanded of those that made the presentment, if he that was so slain did come to rob him, for in that case one man might kill another, though that it be not in defence of himself, etc. And in all such like cases a man shall go quit without any forfeiture, or without expecting any pardon, in that my house is unto me as my Castle, out of which the Law will not constrain me to fly, etc. The same Law is, if one come unto me when I am out of my house, and will rob me, wherefore I kill him: for in 26. lib. Ass. the case was that a thief assailed a man in his ship, and he pursued him so hardly, that the man killed him, and generally it was affirmed, that the man s hold be discharged and quit without pardon. And note well this latter book, for that maketh express mention that he shall go quit without pardon; but the other books speak nothing neither of pardon, nor yet of the sorfeiture; wherefore it may be doubtful to some, whether he shall forfeit his goods, and whether it shall be needful to have a pardon or not, and therefore to take away all doubts, a Statute was made Ann 24. H. 8. the letter whereof is this, Forasmuch as it hath been in question and ambiguity, that if any evil disposed person or persons do attempt seloniously to rob or murder: and so see the Statute at large, that it is lawful to kill him.  

How necessity shall be interpreted in Homicide in defence of ones self  Note, that the necessity aught to be so great, that it aught to be esteemed not avoidable, or otherwis e he shall not be excused, for in this case ye have not to do with, as in the case before, but with a just man. And whether the person that is so killed, or the person that doth kill, doth begin the affray, it is not material, but the whole matter consisteth in the necessity inevitable, without which the kill by any means is not excusable: wherefore to make a definition of Homicide done in a man's own defence, we must say, that properly it is when A. doth make an affray upon B. and hurteth him, and A. flieth as much as he can for safeguard of his life, so that he is come to a straight, beyond the which he cannot fly, and A. continueth, whereby B hurteth and killeth him: this is called Homicide in a man's own defence. For if B. might have avoided the same and did not, but when A. had hurt him, he than had hurt A. again even to death, than was it manslaughter, and so felony in B. ut patet in Fitzh. 226. But when A. hurteth B.B. hurteth him again but not deadly, and afterwards B flieth, ut supra, and A. pursueth him till that he cometh into a strait ut s upra, and than B. doth kill him, that is not felony, but in his own defence. And s oh ye may note, that although B. gave to A. divers wounds, that is not material, because he flieth from him as much as he can before he gives to A. the deadly wound. And that ye may see in les Eyres of North. etc. 3 E. 3. And Bracton hath a case for the confirmation of this Law, Of Law it is, that what a man does for the safety of his body, he shall be esteemed to do justly. And note, that it appeareth before in 43. lively ass. before noted. And it is not a sufficient verdict to say that the pri sooner killed another in his own defence, but they aught to show the matter, es pecially in what manner it was done. And although it be specially found upon the indictment, yet notwithstanding he shall not thereby be does charged until he have purchased a charter of pardon for the same, the which is a confession by amplification of the indictment, or else otherwise wholly to estrange himself from the fact, and to pled not guilty, and so to be found. And this is so done to the intent to induce the forfeiture of his goods, being forfeit by the same offence, ut patet 4 H. 7. And where the Statute of Glouce st. cap. 9 saith, that he aught to put himself upon an Enquest for good and evil, that it is to be understood when he is indicted of Murder, or Homicide, and not where in the indictment the special matter is s ound; for to such an indictment of Murder or Homicide, it aught to be pleaded not guilty; for to pled the special matter, viz. that he killed him in his own defence, it is no plea, in that it should be as a justification; whereas such kind of Homicide is not in any manner justifiable, wherefore he aught to pled not guilty, and than that s peciall matter found by verdict shall give him advantage, etc. Contrariwise it is in Tre spasse, for there the party shall not take advantage of a justification found by verdict, if it be not pleaded by the party. And so note, that he shall not be dis charged of this special matter, till such time as he hath purchased his pardon, or else be acquitted thereof by verdict: and than his discharge shall be in this manner, viz. if he require to purchase his pardon, he shall first be let to Mainprize, and than he shall sue forth his Writ of Certiorari directed to the Judges of A ss size, before whom the indictment lieth, to certify the Record to the Lords Commissioners of the great Seal of England, who will make him a Charter of pardon, in such a case of course. And for the se matters vide tit. 44 Ed. 3.15 E. 3.15. & 3 E. 3. where it is said, that when a man is acquitted before the Judges of Assize, of the death of a man in his own defence, he shall have a Writ from the chief Jus 'tice, within which shall be contained the whole Record of his acquittal, to the Commissioners, who will make his Charter of pardon. And note ye before, that in the Eyres of Northampton the Jury did find that he fled for the Felony, for which cause he shall forfeit his goods, quasi diceret, that he should not forfeit his goods unless see such a flying away had been found; but the Law is not so as it appeareth. 44. & 15. Ed. 3. & 1 H. 7. before noted, wherefore we are to think, that the inquiry of a flying was surplus age and void, &c And consider well the words of the Statute of Gloucester, which be these; It is ordered and agreed, that hereafter no Writ shall issue out of the Chancery to inquire for the death of a man, if a man hath killed another by misadventure, or in his own defence; or in any other manner without Felony, but he shall be imprisoned until the coming of the Justices of Gaole-delivery, if he cannot find pledges for his appearance before them, and than he shall put himself to his trial by the country de bono & malo. And if it be sound by the country that he did the same in his own defence, or by misadventure, than the Justices of Ass. are to certify the Keepers of the Liberty of England by authority of Parliament thereof into the Chancery, and from thence he shall have his pardon of grace. This Statute maketh mention of Justice's errand, and of Ju stices of Gaole-delivery: wherefore it seemeth that if any be indicted before them, that he killed one in his own defence, that that Indictment is as good as if the same had been found before the Coroner, upon the view of the dead body, otherwise it is if such Indictment be found before Justices of P. for that they have not any authority to to take any such indictment. And note, that it appeareth 44. E. 3. before cited, that there is one case where one shall be killed by Chancemedly, and yet he that killeth him shall not forfeit any thing; As if A. striketh B. to the ground, and thereupon A. draweth his knife to kill B. and B. lying upon the ground draweth his own knife, and A. is so hasty to kill B. that he choppeth himself upon the knife which B. had in his hand, and so A. was slain. And it was adjudged in this ca s e, that the said B. was not culpable of the death of A. nor shall forfeit his goods, because A. in a manner killed himself, etc. And as it is in the Eyres of North. before pag. 286. and 297. there is a case not much unlike to this case, which hath a contrary judgement, and yet if collation between them be made, ye shall find that they are not both alike, for there he did not lie upon the ground, but stood upon his feet, insomuch that he might have made other defence for the ss aving of his life than the other could that did lie upon the ground. And the case there was this, viz. A. did s trick B. and B did fly till that he came to a strait, as it is afore s aid, and than B. perceiving that A. would kill him, did hold a pitchfork between him and A. and A. was so fierce that he ran upon the pitchfork, and so was slain; and yet notwiths tanding this matter, B. was put to purchase his pardon of course, and besides forfeited his goods, etc.  

Homicide by misadventure or misfortune  And that is, if a man without any evil intent cast a stone or shoot an arrow whereby one is hurt unawares and slain, going to the market or about any other necessary and lawful business e, this manner of killing is Homicide by misadventure, for the which the offendor shall have his pardon of course in the like sort as before in the case where a man shall have it for killing of a man in his own defence. And that is by the said Statute of Gloc. ut patet 3. E. 3. and he shall forfeit his goods, as before in the case of killing a man in his own defence, vide the Statute of Marlebridge cap. 15. that saith, Misfortune hereafter before the Justices shall not be adjudged Murder, Murder is to be taken only of those that are killed by Felony. By which Statute it appeareth, that misadventure by the Common Law was adjudged for Murder; But that aught to be with a does tinction which Bracton hereafter hath made, That is to say, where one hath done a thing lawful and where not, for if he have done an unlawful thing, and if any misadventure do thereof ensue, whereby any one is slain, that is Felony at this day, if it be not Murder; And therefore if A. strike B. and C. comes between them to part them, and is deadly wounded by the said A. or B. without any evil intent, yet notwithstanding if C. upon that hurt do dye within a year and a day next after such hurt given, it is Felony in him which hurt C. and not a misadventure, for that the fact which A. and B. did was unlawful, ut pat tit Coron 22. libr. Ass. And if A. and B. did intent one to kill the other, than it is Felony in them both, ut pat. 22. Ed. 3. And note that the same order is to be observed in pleading the verdict, forfeiture, and pardon of one that killeth any by misadventure as is aforesaid, to be of one that killeth another in his own defence, and the said Statute of Gloc. extendeth as well to the one as to the other.  

Homicide called Felo de se●…  Bracton defineth felo de se in this manner, viz. in the s ame manner that a man may commit Felony by killing another, may he commit Felony by killing himself, if any man taken for some crime done, viz. for the death of man, manifest theft, because he is outlawed or any other wickedness e, and fearing the punishment over him, shall kill himself, he commits Felony of them elf; he shall have no heir, he has convinced himself of the Felony before done, viz. theft, death of a man, or such like, and the fear of Conscience in the guilty is as much as the confession; Agreeing to Bracton, ye shall see the book titul Coron in Fitz. 259. where a Felon of himself shall forfeit his lands, but whether he had before he killed himself committed Felony or not appeareth not by the book, Ideo quaer. if this distinction that Bracton hath made be Law at this day, for it appeareth in divers other books, that a felo de se shall forfeit his goods only, and no lands, as pag. 301. 362. 420. tit jam dicto, and there also it appeareth, pag. 324. That if one that is Frantic from day to day do kill himself, that such a man shall forfeit no goods or chattels, but otherwise it is if he be not frantic from day to day, but only at some times. Also there pag. 244. was pres ented, A certain Lnnaticke struck himself with his knife, recovered his wits, after the Church Rites performed to him, died of his wound, his chattels were not forfeited. The contrary whereof you shall find pag. 142. But the Law is clear, that if a man which is of good memory, committeth the s ame fact in such manner and afterwards recovereth, and yet notwiths' tanding dyeth of the same plague that he gave to himself, he in that case shall forfeit his goods, vide ibid. the case pag. 94. that was before remembered, That is to say, where A. striketh B. to the ground, and thereupon A. plucketh out his knife to kill B. and B. lying upon the ground plucketh out his knife, and A. is so hasty to kill B. that he choppeth himself upon the knife of B. and s oh is slain, in this case A. is a Felon of himself, and that case agreeth with Bracton heretofore.  

Homicide not committed by man, but by some casualty whereof cometh Deodans.  Deodand. est where any person cometh to his death by misadventure of any thing that shall fall upon him, or by misadventure of a fall that he taketh from a Cart or a horse, or any other thing, the same not being occasioned by any other person, the thing that so occas ioned the death shall be forfeited, and taken as a Deodand. to be distributed in alms, for the benefit of the ss owl of the dead person; And note that it is not material whether the thing that killeth him be moving at the time that he was killed or not, for although that it be not moving, yet notwith standing it shall be called a Deodand. as well as that which was there moving, as it shall be hereafter expressed; And therefore when you speak of a thing moving, that it is only to this intent, viz. That all things moving with the thing that is the occasion of the death, shall be forfeited, as well for a Deodand. as the principal thing, quod vide tit. Fitz. 403. where it is said, that every thing which moves, with that which kills a man, is a Deodand to the King, or to the see of the Clerk; and therefore ye shall find ibid. pag. 398. where a man did cut down a tree, the which did fall upon the bough of another tree, which bough did fall upon a man and killed him, and was adjudged that as well the tree as the bough should be a Deodand. And the same Law is, where a man doth ride upon a Cart, and the Cart falleth upon him and killeth him, here as well the Horses which drew the Cart, as the Cart itself, shall be Deodans, ut pat. ibid. pag. 388. and ye shall find, pag. 397. That a man being upon a cart loaden with faggots, and binding it, fell with the motion of one horse in the cart by the which he died, and the horses and the cart were adjudged for Deodans. Also pag. 405. A beam on which did hung a bell, did fall upon a man and killed him, the bell as well as the beam were adjudged for Deodans, notwithstanding they were goods of the Church, but of grace, and out of honour to the Church, the chief Justice gave them back. Et pag. 326. A man falleth out of a cart loaded with hay, and the wheel of the cart doth break his legs, whereof he dyeth, and the hay was adjudged to be a Deodand as well as the cart, tamen pag. 342. A man falleth out of a cart, and breaketh his neck, as he was loading of it with straw, by the moving of the horse, the horse and cart were all adjudged Deodans, and not the straw, by reason that the straw was not the occasion of his death, quaere differentiam, etc. Et pag. 401. One riding his horse drowns himself, the horse is adjudged a Deodan, etc. Hitherto we have spoken of things moving which do cause Deodans; Now let us speak of things not moving, and yet shall be De●dans. Vide titulo jam dicto pag. 409. Where a Carter climbing upon one of the wheels of his cart to gather plums, and falleth from the cart whereby he dyeth, and because it is witnessed, that neither the horses nor the cart moved, only the wheel is a Deodand. The same Law is where a man doth fall into a pond of water, which water carrieth him under the utter wheel of a Mill, by which wheel he was oppressed and killed, and the wheel only in this case was adjudged a Deodand, ut patet ibidem pag. 389. Vide ibidem pag. 348. where it is said, if a man fall from a load which is worth a C. pound, by the which he receiveth his death, all the same shall be a Deodand. And also it appeareth by these cases, that Deodans s hall be as well of things that move under a man and kill him, as of things which do not move, but the man all moveth himself from them. And note, that before it is said, that all things moving with the thing that is the occasion of the death, shall be forfeited. So in like manner, all things not moving with the thing which is the occasion of the death shall not be forfeited, as in part you may perceive by the case of the cart and the straw before cited, Et titulo Forfeitures in Fitzh. 12 R. 2. wherein a mass of earth fell upon a man and oppress said him in such sort that he died, and it was adjudged that the said massa terrae only should be forfeited, and not the hole or pit where he was killed. The s ame Law is where a man falleth from his horse e, and quasheth his head against a block, whereof he dyeth, the horse only shall be adjudged for a Deodand, and not the block, in that it moved not at all, quod vide ibidem pag. 341. And also Briton titulo Coron fol. 6. saith, That if a man fall out of a Ship sailing, nothing is the occasion of his death but only the Ship, and yet the things moving may be said to be the causes of his death, the merchandise lying at the bottom is not any cause of his death. This Ship so sailing aught to be upon the fresh water, etc. for if it should be on the salt water, it seemeth that it should not be a Deodand, as it appeareth by Bracton titulo Murder, who saith there in this manner, A Ship is not a Deodand, nor a boat, nor other chattels of the drowned in the Sea or salt-water, nor shall there be wreck, if there be any man who can avow them, and make proof. Et nota, that it seemeth to one by the books before pag. 389. That if he die by misadventure, and be within the age of 14. years, that than nothing s hall be forfeit for a Deodand, for there pres entment was that A. the son of B. above an. etc. tamen quaere & vide Fitz. titulo de Indictments pag. 27. That where a man was s ound dead in the field, Belknap said that his appeal ss hold be given to the Church to pray for his soul, and should not be taken for a Deodand, and note that every Deodand the Sheriff shall answer, viz. he shall be charged to levy the price thereof of the village, notwithstanding the thing was not delivered to them to keep before, quod mirum ut patet ibid. pag. 298. And therefore when such a misadventure is found, the presenters should fine, appraise, and value the Deodand, and the Coroner should return the same in his Inquis ition, and in whose custody the same remains, so than the Keepers of the Liberty of Englane by authority of Parliament may know by that Record of whom to demand it by Proce sse out of the Capital office of the upper Bench.  
It is requisite that the thing that is killed be in rerum natura; And therefore if a man do kill an infant in the mother's belly, that is not felony, nor he s hall not forfeit any thing for it, and that for two causes; one is, for that the thing that is killed had not the name of baptism, the other is, for that it is hard and difficult to judge whether he killed it or no: That is to say, whether the infant died of the beating of the mother, or by any other occasion, ut patet titulo Corone, etc. pag. 263. & vid there pag. 146. A more strange case, viz. A man did beat a woman great with child of two children, so that immediately one of the infants died, and the other was borne alive and baptised by a name, and two days after, for the hurt that she had received she died, the opinion was as before, that it was not felony in the man, & vide the same case in Fitz. titulo Judictments. pag. 4 But it seemeth that the reason where it hath no name of baptism, is not of any force, for ye may see titulo Corone before pag. 418. that it was presented, A certain woman going toward the Chapel, brought forth a son, and presently cut his throat and cast him into the pond and fled, therefore let the exigent issue against her, and let her be outlawed, for that was homicide, in that the thing killed was in rerum natura before it was killed, and so nothing like the case before, scilicet, where the infant was killed in the mother's belly, etc. the which case Bractonaffirmeth for Law, in his division of homicide before, saying in this manner, If any man strikes a woman with child, or poisons her, by which he makes abortion, the birth shaped and animated, especially if animated, it is homicide; but contrary to this seemeth the Law as before.  
Item, it is requisite to homicide, that if one beat another whereof he dyeth, that that death be within twelve months and a day next ensuing the same beating, ut patet pag. 303. The s ame Law is, if poison be given to one seloniously that he die within the year next after, etc.  
It is a common erudition amongst us, That if a Statute Law give a remedy for any offence, we may understand thereby, that before there was no remedy for the same offence at the Common Law, other than is not expressed in the said Stat. except we have read any thing that may induce us to believe the contrary. The Statute of Westminster the first, cap. 13. defendeth Rape in this manner, viz. The keepers of the Liberty of England by authority of Parliament defendeth that none shall ravish nor take by force a maid within the age of eleven years with her consent, or without her consent, nor any dame or maid of age, nor other woman against their wills, and if any s oh do, the Keepers of the Liberty of Engl. aforesaid shall do him common right, and if none commence the suit within 40. days, than the Keepers of the Liberty of England may sue, and those that shall be found culpable shall have two years impris onment, and afterwards shall be arraigned at the Keepers of the Liberty of England afores aid pleasure, & if he be not arraigned, he shall be punis head by more longer imprisonment, according to the quality of the trespass. The Readers of this Stat. if they have not read Glanvill & Bracton do think that by the common Law Law Rape was but trespass, where in truth it was selony, or other more grievous crime, & first Bracton in his 2. book of Rape saith in this manner, Rape of Virgins is a certain crime which a woman lays upon any, by whom she she says she was violently oppressed against the peace, and which offence if it be convicted, punishment follows, to wit, loss of Members, that there may be member for member, when the Virgin is deflowered she loses a member, he that deflowered her shall be puni shed in the part offending. Here I have expounded that which was the common Law in Rape before the Statute of Wes tm. 1. wherewith Glanvill agreeth, fol. 113. Al so I find amongst the Laws of St. Edwin, once King of this weal public, this Law, If any man has to do with a Nune, let him be punished as a Homicide. By the which it appeareth, that he which hath committed but fornication with a Nun, or with a holy woman, he should be punished as a Homicide, A multo forciori, than ss hold he be punished if he had ravis head. So that Rape at the beginning was much detested, and abhorred, and very great and grievous punishment adjoined thereunto, till the time of King Edward 1. who ss eemeth by his law made at West●. 1. to have mitigated the pain of the same, and afterwards espying the great enormities that ensued the same Law; At his next Parliament holden at Westminster, called Westm. 2. cap. 34. did make the same offence of Rape to be felony: The words of which Statute be these; It is enacted, that if a man doth ravish a woman espoused, a damosel, or any other woman hereafter, whereunto s he neither hath assented before nor after, he shall have judgement of life and members. And in like manner, where a man shall ravish a woman, dame espoused, damosel, or any other woman by force, although she assent to the same afterwards, he shall have the like judgement as before is said, so that he be attainted at the Keepers of the Liberty of England by Authority of Parliament suit, and in that case the keepers of the Liberty of England afore said shall have their suit.  
The Statute maketh no definition of rape, but leaveth the same to the common Law. Al so it seemeth to make a difference between ravishment with force, and ravishment without force, And therefore quaere what manner of fact he intendeth, Brittonsaith, fol. 45. that if a woman at the time of the Rape conceiveth with child by the Ravisher, that it is no Rape, for that, that no woman can conceive if she assent not thereunto. Also Bracton saith, That it is a good plea in an Appeal of Rape, to say, that before the time of the Ravis hment supposed to be done, he held and used the Plaintiff as his Concubine; Also it is a good Plea for him to say, that though he did lie with her, yet he knew her not carnally, for that is the force of a declaration in an Appeal of Rape. And also note, that if a man be to be charged with Rape by way of Indictment, or otherwise, he aught to be charged expressly by this word Rapuit, and not by any other words, though they amount to as much as this word Rapuit doth, ut puta carnaliter cognovit & hujufmodi, as it appeareth 19 E. 4. fol. 27. Also there is another Statute concerning Rape, made an 6. E. 2. the which doth put great penalties and forfeitures upon the woman which consenteth to the Ravisher after the Ravishment, and yet nevertheless doth give an Appeal of Rape to the Husband of the wife that is ravished, and if she have no husband, than to her father or to her next of her blood, and that the def. shall not gauge battle in such appeals.  

Of treasure trove.  Bractonsaith of Treasure found in this manner, There is amongst the rest a grievous Misprision against the K. which is as the crime of Theft, sc. fraudulent hiding found Treasure, etc. Note that Bracton saith here, that the hiding of Treasure found is gravis presumptio; So that it seemeth, that in ancient time it was doubtful whether it was Felony or not. And therefore it is said, tit. Coron. in Fitz. 187. that the punishment of treasure found is taken away, and is now by imprisonment and fine, and not of life and members, etc.  
Et ibidem eodem titulo pag. 446. It appears Treasure belongs not to the King, but when it is not known who hide it. So that if it be known to whom the property is, than the Commonwealth shall not have it, but he to whom the property thereof belongeth, and it seemeth that if he die before the finding, that his Executor shall have the same. And see there, that Treasure belongs to the King, not to the Lord of the Liberty, if not by words special, or by pres cription. Briton in his book fol. 26. saith, that treasure sound in the sea, or upon the land, and not in the earth, appertaineth to the finder, and not to the Commonwealth, etc. Also he saith, that when a man hath found it, he aught presently to let the Coroner or Coroners of that County understand thereof, or else the bailiff and the Coroner without delay aught to inquire if any thing thereof be purloined away.  

Of a Mayhem.  Note, that Britton saith, that Mayhem is properly said where any member of a man is taken away, whereby he is the more unable to fight, as if the eye, the hand, the foot, or by bruising of the head, or knocking out of the foreteeth, but cutting of the ear or nose is no Mayhem but a blemish of the body. Seton Justice said 29. E. 3. that every singer of the hand shall be said to be a Mayhem, if it be cut of.  
Item 8. H. 4. ye may see there that it is no Mayhem to cut of, the ear of a man, by the which he loseth his hearing, but the knocking out of the teeth is a Mayhem, for that with them he may defend himself in battle. And Bractonagreeth therewith, for he s aith in this manner, Mayhem may be said where one is maimed in any part of his body to fight, by him whom he appeals.  
Note that these places and territories here expressed and declared, are allowed for Sanctuaryes for Felons, if they can get to them before they be taken, viz. Wells in the County of Somers et, Westminster, Manchester, Northampton, Norwich, York, Derby, and Launceston, for all such Felons as may have the benefit of their Clergy by the Laws of this Weal public, & for none else; For Treasons, Rapes, Burglaries, Robberies by the high way, or in a house where any are put in fear: burning of houses or barns wherein corn is laid: robberies of Churches, Chapels, or other hallowed places: stealing of Horses, or Mares, and Murder, with their abettors, procurers, and counsellors: All these offences are excepted by the Statute of 26 H. 8. cap. 13. & 32. cap. 11. H. 6.  

Of principal and accesiarie.  Note, that in high Treason there is no accessary, but all are principals ut pat. 3 H. 7. fol. 9 So that what offence s oever maketh a man accessary in Felony, the same offence in high Treason maketh him principal, therefore it is to be seen who shall be accessaries in petty Treason, or Felony, or in other like crimes, in which accessaries may be.  

Of accessaries before the offence committed.  Note, that if one procure or command another to do a Felony, but is not present there when the other doth the same: This procurer or commander is but Accessary before the Felony done, ut patet 7 H. 4. fol. 30. but otherwise it is if he be present at the time and place, when and where the Felony is committed, for in that case he is a principal, ut pat. 7. H. 4. f. 13.  
The same Law is, if a man be present at the death of a man, and he moveth and setteth on others to wound him and kill him, in this case he is as fare forth a principal as he that killed him, quod vide 13. H. 7.  
The same Law is, if he were present, and cometh ●hither for the same purpose, though that at the same time he moveth not the other to strike him, or kill him, nor doth any thing himself, yet he shall be adjudged as a principal, ut pat. 21. Ed. 4. Also vide tit. Co● on. in Fitz. fol. 309. where it was found that one that was present, yet did nothing, but would have aided his companion, if the dead person had made any resistance, and for that he was adjudged a principal. And according to this vide ibidem pag. 314.350. & 433. That all those that come in company in any place, or any ass embly where any evil is done, be it homicide, robbery, or any other trespass, they shall all be accounted as principal doers, though that they do no hurt at all. And therefore a man was condemned in that he was a disseisor where a man was killed, and it was said by twelve that he came not thither to do any evil. And note, that as it was of homicide, or murder, even so it is of any other felony, as of rape or robbery, qnod vide titulo Coron in Fitzh. 228. & 11 H. 4. where in an appeal of Rape against two as principals, whereas one did not the act, but assisted and aided his companion to do the same, & titulo Coron in Fitzh. fol. 350. & 324. where only one did the robbery, and the other were in his company, and came with him for the same purpose, etc. But if one do chance to be present when another is slain, or when another felony is committed, and cometh not in the Company of the felons, nor is of their confederacy, although he withstand not, or disturbeth not the selon, nor levyeth hue and cry, yet he shall not be said either principal or accessary: for it is not felony in him but finable as a trespass. And if such a man be within age, he shall have no punishment, quod vide titulo Coron 395 & 14. H. 7. f. 33. & vide titulo praed. 293. where such a man that was of full age, was but amerced in such a case, etc. Tamen 314. ibid., it appeareth that such s ufferance is felony, & so was the opinion of Shared 197 but it is against the law, as it appeareth in the books before cited, etc.  
Also if A. hold B. in his arms till such time as C. killeth him. A. for that cause is principal ut pat. 15. E. 3. And note ye, that the law at this day as concerning accessaries, is as you have heard before, though that in ancient time some judges did  in their opinions for Law, in that point: for it appeareth, tit. Corone in Fitz. 90.216. That in the 40. year of Edward the third, they took the Law to be, That he that was present when any was slain, and aiding and commanding the Killer, s hold not be principal, but accessary, etc. and in that they did agreed with Bracton, who saith in this manner, viz. If those that were present joined in the force and fact, etc. And after the attainder of the principal fact, he goeth to those that be appealed of source, and maketh the appeal in this manner, viz. A. appeals B. of force, that when the said A. and C. his brother were in such a place, etc. Also he saith in another place. That if two be appealed as Accessories to a third person, scilicet, one of force, and the other of commandment, they shall wage battle, before he shall that is appealed of commandment, force in a manner comprehends the fact which commands not. And so by him that is present when one is killed, and being counselling, aiding, or in any other manner assisting, so that he slayeth him not himself, he is than but accessary, etc. And with him agreeth the Statutes called Officium Coron, made the third year of King Ed. the first at West. 2. but the Law is not so at this day; and yet the account in every appeal against the principal is, that every one principally did help, and did strike the parry slain, deadly; but to that may be said, That those words be but words of form, and also it is his help in Law, etc. If I command one to take another, and he goeth from me, and taketh him and robbeth him: If I be ab sent when he doth the s ame, that is not selony in me, ut pate tit. Coron in Fitzh. for that he exceedeth my commandment, and my commandment might have been performed without Robbery, etc.  
But if I command one to beat another, and thereupon he beateth him to death, that s hall be Felony in me that commandeth, ut pat. ibidem 314. for it is difficult and hard to beat a man in such sort, that it shall be said he shall not dye of such beating, etc. therefore in such case I am accessary to him that killeth him, by reason that it was done upon my commandment, etc.  

Accessories after the offence committed.  That is, where one receiveth a Felon, well knowing of the Felony that he hath committed, or favoureth him, or by aideth him, he there shall be s aid to be an Accessary after the fact. But does tinguend. est, of this aid or council; for if he aid him with his good word, and sueth for his delivery, or sendeth Letters for his deliverance, that maketh him not to be accessary to the Felony: ut patet titulo Corone in Fitzh. pag. 195. etc. Nay, this definition is to be made of an Accessary, it extendeth only to those that be Accessories to a principal atteinted; for if after the atteinder one receiveth and aideth him, That is, after he be convicted of the Felony by verdict, outlawry, or confession, he s eemeth to be an Accessary, though that he knew him not to be a Felon, in that he is a Felon by matter of Record, of the which every stranger is driven to take Cognisance, tamen quaere; for ye shall find titulo praed. pag. 377. one note, which is thus, scilicet, Note ye, That when a man is indicted for the receiving a man outlawed for Felony in the same county, than he shall loose both life and members, Secus esset in alio come etc. Ergo thereof ensueth, That if one be outlawed for Felony in one County, and another receiveth him in another County, he shall not be Acces sorry, for that he cannot take Cognisance of that which was done in another County, though that it be matter of Record, &c, And agreeable to this note, I find in Bracton written thus, If any man s hall give meat to such one after Outlawry, shall entertain or receive him, nay but hid him, he shall be punished in the manner the Outlaw should. So that it seemeth he maketh no difference between matter in fact and matter of record, etc. in that he maketh Scientermateriall in the case, etc. And note ye, that by the common-Law, if one commit Felony in one County, and before his atteinder one other receiveth him feloniously in another County, that was not felony in the receiver for default of trial, in that those of the County where the Accessary offended, could not have Cognisance of the principal offence committed in another County, quod vide titul Corone pag. 33. & 43 Ed. 3. wherefore a Statute Law was made annis 2, & 3. Ed. 6. which is in this manner: Forasmuch as the most necessary office and duty of Laws, is to preserve the life of man, and condignly to punish such persons that unlawfully and wilfully murder, slay, and destroy men, &c: Note the preamble of this Statute. And also it is a common practice amongst arrant Thiefs and Robbers in this Commonwealth, that after they have rob and stolen in one county, they will convey their spoil, and part thereof so s tolne, to some of their adherents in another County, where the principal offence was not committed, nor done, etc. By this preamble it appeareth, That if one feloniously received parcel of the Goods stolen, that he shall thereby be an accessary, etc. quaer. thereof; for ye shall find titulo Coron. in Fitzh. pag. 126. That one shall not be Acces sorry for receiving of goods stolen only, if he receive not the Felon himself also. And therefore the Indictment was there, That knowing and seloniously received the Thief, etc. and he was discharged thereof ratione jam dict. But if he had as well received the Felon them elf, as the goods, than otherwise it were, ut patet 9 H. 4. fol. 1. & tit. Coron. in Fitzh. pag. 427. where a Felon did fly to his brothert house, and his brother did shut the door, and the Country that pursued him were deceived thereby 〈◊〉 for they did conjecture that he had continued in the house, when he did fly thence to the Church; whereupon his brother was adjudged accessary to that Felony, etc. ut pat. ibidem pag. 196. That a man may be an Accessary to an Accessory: As if a man felonious  do receive him that is an Accessary to a Felon, etc. Also it appeareth there pag 48. That he that receiveth an access ory of a Felony, is principal, and not accessorv, etc. And the reason thereof as I understand, is, for that by this receit a new Felony is committed by him, though that it dependeth upon the ancient and former Felony, etc. And note ye, that Bracton counteth an Accessary, a receiver of bad men, etc. ut supra c. 19 fol. 26. and saith, that a woman cannot be acce ssory to her husband.  

Access ories by statute.  I have already entreated of Accessories by the Common Law, now therefore I will entreat of Accessories by the Statute-Law. It seemeth though an offence be made Felony by Statute, though the same Statute doth not speak expressly of abettors, procurors, counsellors, and receivers, yet it be shall taken to be within the compass of that Statute, as it appeareth in the Title of Treason, 19 H. 6. where the consenter and aider to the counterfeiting of the great Seal, or the Commonwealths money, was adjudged a Traitor: And yet the words of the Statute are, if a man do counterfeit, etc. the which thing the other seemeth not to have done, in that he ●as not but con scenting and aiding to the same, etc. The same Law is in case of Rape, where one did the fact, and another assisted him, and aided him to commit the Rape, he thereby is a Ravisher as far forth as his companion which did the Rape indeed, as it appeareth 11 H. 4. & tit. Coron. in Fitzh. pag. 120. And yet notwithstanding the words of the Statute of Westm. 2. cap. 3.4. are, If a man ravish a woman, etc. but that was the cause of the Rape, without which perhaps the Rape had not been committed: and pincipall doer, in that he was present when the fact was done, and therefore as well culpable of the fact as the principal doer is. And if any be acquitted of a principal fact, he is than acquitted of all offences as accessary before the principal fact committed, but not of offences perpetrated as Accessary after the principal fact done, as it shall appear after: And therefore some will argue in this case, as though that Accessories before the offence committed, be taken to be within the compass of a Statute that maketh Felony, though they be not express said, for the rea son before made: yet notwithstanding that proveth not, that accessary after the offence perpetrated, should be within the compass of such a Statute if it be not expressed. But how's oever it be, those of the Parliament in the time of King H. 8. provided for the same, as it appeareth as well by the Statute of Hunting, anno 32. H. 8. as by other Statutes which at this instant are not in force. And by a Statute made in the first and second year of P. & M. against unlawful and rebellious ass emblies, which Statute is yet in force. And by a-Statute made 1. M. concerning Egyptians as yet also being in force. The which Statute providech as well for Acce ssories before the offence perpetrated as after, vide the Statute of 3. H. 7. of those that take maids, widows, or wives against their wills, where the words are, that such taking, procuring, and abetting to the same, and also receiving wittingly the said woman so taken against her will, and knowing the same, is Felony: And that such misdoers, takers. procurers, and receivers to the same, knowing the said offence in form afores aid, he henceforth reputed and judged as principal Felons. Note, as it s eemeth there is no Accessary in this offence upon the Statute, in that by the words they be reputed and judged as principal Felons, which maketh them as it seemeth all principals, etc.  
Note, that in an appeal of Mayhem, the Plaintiff may choose to make every of them principals, or him only that did hurt him, to be principal, and the others Acces sories, ut patet 215.221. & 199.  

How the principal shall first be attainted, and after the accessories.  There are three ss orts of attainders, viz. by confessions by verdict, and default or outlawry, and in all these case the principal aught to be attainted before the Accessary: but in the manner of proceeding to this attaint, there are diversities of opinions; for Bracton saith upon the attainder by process in this manner, the causes of Outlawry may be many, etc. So that it appeareth, that at that time there was diversities of opinions about the manner of atteinder of Accessories by Outlawry, which diversity was taken away by the Stat. of Westminster the first, the which is thus, viz. And for that, that men have used in some countries to Outlaw the people appealed of commandment, force, aid, and receiptment within the same term, in which a man should Outlaw him that is appealed of the fact as principal. It is provided and commanded, That none be Outlawed for appeal of commandment, force, aid, or receiptment, until he that is appealed of the fact be attainted: so that one only Law thereof be throughout the whole Land, etc. But he that will appeal, should not therefore cease to continued his appeal at the next County against those, as well as against the Appellees of the fact, but the Exigent against them shall stay until such time as the Appellees of the fact be attainted by Outlawry or otherwise. This Statute is not to be understood of Appeals commenced by Bill: for Appeals commenced by Writ, there appeareth not any to be Accessary till such time as the count be made, the which is not made, till such time as there be also appearance for the Accessary, ut patet 43. Edw. 3. fol. 15. wherefore in that case where an Appeal is commenced by Writ, if the Plaintiff will pray the Exigent against all, he is thereby concluded to count after, against any one of them as Accessary, for if otherwise, etc. he s hold not have the Exigent against all them until the principal had been outlawed, for in that case he is concluded, ut patet tit. Coron. in Fitz. pag. 80. This Statute willeth that the appellee of the fact be attainted before the Accessary shall be Outlawed: Admit than, that at the time when the Accessary is at the Exigent, the principal appeareth, if than the Exigent shall be awarded against the Accessary, till that the Proce ss against the principal be determined, etc. It seemeth not, for notwithstanding that the Process be determined, yet the principal is not attainted; and until such time as he be attainted, the Accessary aught not to be Outlawed, ut supra 7. H. 4. fol. 31. That which is said, extendeth to that where the Accessary doth not appear but maketh default: Wherhfore now let us see what shall be done when the Accessary appeareth in judgement, and the Principal also, and in respect thereof, note you that by the ancient Law, the Acce ssory should not be put to answer, till such time as the principal had been attainted, ut patet per Bracton, If all be present, those as well of force as of fact, the proceeding must be against all in order, but those of force are not, to answer till the fact be convinced, etc. And agreeable unto him is the book of 44. Edw. 3. fol. 9 & tit. Coron. in Fitz. 216. but since that time the Law hath been changed, etc. For now, be it that the principal appear, or make default, the Accessary, if he appear, shall answer, but if he pled to an issue, process shall cease to be awarded against him for his trial, until the principal do appear, or or be attainted of Outlawry, ut pat. & 9 H. 4. & 7. H. 4. but yet those Process against the Jury shall not cease, unless the Accessary will, for if the Accessary will pray Proce ss against the Inquest, before the principal be attainted, he shall have them, in that it is damage to none but himself. And whether he be attainted or acquitted, it is good, and he shall not be again arraigned for that offence; for the taking of the Inquest or verdict is not erroneous for the reason before made, ut patet titulo Coron. 463. The same Law is if the Accessary will wage his battle with the appellant before the Principal doth come, ut patet ibidem pag. 8. for he may waive the benefit that the Law doth give him therein, etc.  
Note ye that if the plea which the Accessary doth plead, be a plea in abatement of the whole writ, the principal therein shall have the advantage, notwiths tanding his absence, so that the Exigent that is to be awarded against the principal shall stay till it be known whether the whole writ shall abate or not, ut patet 9 H. 4. but if they both do appear, viz. the principal and the accessary, than the principal must first answer, and after the accessary, for such answer the principal may make, that the accessary shall not be put to answer till the answer of the principal be tried. And that is where the principal doth not plead directly to the felony, but some other plea; As if he pled that he was once before attainted of the same Felony, and the appellant to the contrary that is not so, and so they are at issue, in this case the Accessary shall not answer before that is sue be tried, 9 H. 7. Quaere if the like Law be where the principal pleadeth in abatement of the whole writ, etc. But if the Principal plead to the Felony, the Accessary than presently after such plea s hall plead also: And if they be at issue, a venire fac may be awarded against them all, ut patet tit. Coron. where Fortescuesaith, that if at the day in the Court the principal maketh default, the Inquest shall not be taken for the accessary, but that the Inquest shall go without day, and the principals, manucaptors or sureties, shall make their fine, etc. And that agreeth with that which was said before, s cilicet, that the Inquest shall stay for the Accessary till such time as the principal cometh to be attainted by outlawry, etc. Note, when I s peak of the principal, I mean than all the principals; for if there be divers sued as principals, and some of them do come, and some do not, yet the Inquest shall stay until all the principals do come, or be attainted of Outlawry, if it be so that he be appealed or indicted as access ory unto them all: otherwise it is if he not appealed or indicted as accessary to one of them; for there it sufficieth those principals only to come, or to be attainted for whom he is appealed or indicted as accessary, without having regard to the residue, quod vid. 7. H. 4. fol. 30. & tit. Coron. in Fitzh. 216. Also note ye, that it is requisite that this attainder of the principal be in the same suit in which the accessaries be sued, for if it be in another suit, that will not permit the Accessory to proceed in his Inquest till such time as the principal that is sued with him do come in, or be attainted by Process as aforesaid. And in an appeal of death, against the principal and the accessary, the principal before that time is attainted of the very same death, upon an Indictment at the Keepers of the Liberty of England by authority of Parliament suit, ut patet 7. H. 4. fol. 30. Quaere, if the access ory shall plead for his discharge the acquittal of the principal in another suit, ut patet 277. Also it seemeth, that if the principal since that attainder is dead, and the Justices before whom such Accessary is sued, have before them the record of the attainder, that than they may proceed against the Accessary, otherwise not, 7. H. 4. fol. 23. We have said before that the Inquest shall not proceed against the Accessary, till such time as the principal do come in, or be attainted, etc. Admit than that the principal doth come in, and will say nothing, but stand mute; What s hall in that case be done with the accessary? Hussey saith, 3. H. 7. That, that notwithstanding, the Accessary s hall be arraigned, quod vide titulo Corone 36. & 51. where the principal challengeth above the number of 36. which was peremptory to him, therefore he was hanged without farther trial, because he should challenge but jus t 36. or under, and not above, and in that case the accessary was tried and found guilty; and the justices did advice with themselves, what should be done in that case, for they were of divers opinions, etc. This attainder whereof we have so often spoken, though that it be erroneous, yet not withstanding that court shall proceed with the acce ssory, for the accessary shall utterly take advantage of that error, quod vide anno 2 R. 3. f. 21. Als o there is one case, that although the principal be not attainted, yet the Accessary s hall be hanged, As if one Abjure as Accessory, and afterwards the Principal cometh, not being attainted, Tamen-the Justices in favore vitae, did inquire if the Accessory was attainted or not. The same law shall be in the cases abovesaid, as it seemeth where the Accessary of his own good will will wage battle, or have the inquest proceed before the Principal doth come, etc.  

Whether the acquittal of the principal discharge the acces sorry, or not.  Note, That if the principal be acquitted, the Accessary, is thereby discharged, for Bracton saith, where no fact was, no force, no command aught to hurt, where the wrong had no effect, etc. Wherhfore it is clear, that the acquital of the principal, is also the acquittal of the Accessary, or if it hap that the principal cannot be tried, as if he die in prison before he be attainted, thereby the Accessary is discharged, otherwis e it is if he die after the Attainder, etc. The same law is, if before the principal be attainted of the felony, he is attainted of another felony and hanged, the accessary hereby is discharged, ut patet tit Coron in Fitz. 378. The s ame law is though he be not hanged after the attainder, in that case he shall ans wer too any other felony, unless it be robbery or Treason. The same Law is, if it be found that the principal killed him se defendendo, the access ory is thereby discharged, ut patet 116. Et tamen there the principal purchaseth his Pardon, etc. But that Pardon argueth not that he is culpable in any other manner than se defendende. But of other pardons otherwise it is, for if the principal doth plead his pardon to a felony generally, without any special matter found, the which should 'cause the pardon, and is thereby discharged, yet that shall not discharge the Accessary, but he shall be found guilty of the felony, ut pat. tit. pred. 260. for by such a pardon the felony is confessed, of which felony he prayeth to be discharged ex gratia Custod. Libertatis Angliae Authoritate Parliamenti, and not by course of the Law, as it was done in the other case, Quaere tamen, for the contrary is agreed by way of argument, 3. H. 7 tit. pred. 53. And also by the opinion of Thyrn. 7. H. fol. 13. And this reason is, that when the life of the principal is given him by the law, in what manner soever it be, the felony is extinct in his person, & by cons equence acquitted.  
And so it shall be where the principal taketh him to be his Clergy. And with this case agreeth the book of 3. H. 7. fol. 2. tamen Fitz. tit praed. 53. hath reported that book of 3. H. 7. to the contrary, sc. that notwiths tanding that the principal shall have his Clergy, yet the accessary shall be hanged. And according to that ye shall find ibi. 270. & 266. Sed di stinguendum est, of the cas e of the Clergy, sc. whether he be Clerk convict, or clerk attaint, for if he be clerk attaint, by the ancient Books the Accessary shall be hanged, for that the principal in that case cannot at any time make his purgation, and otherwise perchance, if he were Clerk convict, in that the Clerk convict may make his purgation, wherefore in that case they did use to let accessories to maineprise, until such time as the principal had made his purgation, etc. ut patet tit. Coron. 145, 176, 252, 376, 193, & 7. H. 4. fol. 13. & 13. Ed. 4. fol. 3. and than upon his purgation to does charge the Accessary, and if he died or escaped before purgation, etc. than to proceed to the attainder of the Accessary, etc. Quaere if the difference will hold place at this day in that, in the new books before they have expugnancy of opinion in the case where purgation is to be done, That is to say, in the case of a Clerk convict, for some would in that case that the accessary ss hold be discharged, and some would not. So that in that case of the Clergy, and of the pardon, the new books and the old agreed not.  
Note where it is said before, that the Acquittal of the Principal, is all so the acquittal of the Accessary, That is to be understood, if it be not in an appeal when the accessary is to recover damages, for if he will recover damages, he aught to be tried notwithstanding the acquittal of the principal, ut patet in Fitzh. pag. 223. Quaere if that be Law now, by use, for it s eemeth reasonable that he should have his damages upon the acquittal of the principal without being tried, or otherwise should ensue that the Court would admit an Acces sorry whereto than it appeareth that there is no principal, which should be inconvenient; for as Bracton hath well said, The Appealers cannot omitting the first and principal Appellee, wage battle with the Appellees of force and command, etc. 
Quod nota.  In my Lord Cooks 4. book of Reports, fol. 44. In an appeal brought by one Bibithes, Termino Paschae, anno 39 Eliz. It is there resolved for Law, that although the principal was convicted by verdict, yet in's omuch that he had his Clergy, his accessories both before and after the Felony were does charged, and the same Law is there resolved, if a principal upon his arraignment confesse the felony, and before judgement gets a pardon or hath his Clergy allowed him, the acce ssory thereupon is does charged. 2. E. 3.27.22. E. 3. tit. Coron. 260. 5. H. 4.16.19. H. 4.5.3. H. 7.1. & 3. H. 7. tit. Coron. 53.   


An Appeal of Murder and Robbery.  

South.  A.G. viz. the late Wife of R.G. in proper person instantly appeals M. D. late of N. in the County of S. Yeoman, and I.B. late of A. in the County aforesaid Yeoman, in the custody of T.P. Knight Sheriff of the County afore said, and to the bar brought in her own person. of the death of the afores aid R. lately her husband, of that, that where the s ame R.G. 28. day A. the year, etc. was in the peace of God, and the said Commonwealth working and labouring in burning of Coals in the land of I.G. Knight, called S. in a certain place there called a Coal place, at C. in the county aforesaid, where there came the aforesaid M. D.and I.B. as Felons of the said Commonwealth, and by assault, and of malice forethought, the aforesaid R.G. of his goods and monies to rob and ss poyle, upon the same R.G. aforesaid, 28. day of A. and year, etc. aforesaid, about the ninth hour after noon of the same day, by force and arms, viz. with staves, knives, etc. at C. aforesaid, in the place aforesaid, assaults made, and the same R. G. than and there feloniously and wilfully slew, and murdered, and the s ame R. so slain incontinently carried away to a certain wood called, etc. distant from the afores aid place about 10. perches, in the parish of T. in the same county, and him there in a woody place of Oaks hid and cast down, and his throat than and there cut against the peace public, and as soon as the same Felons the Felony and Murder aforesaid had done, they fled, and the afores aid A. than freshly pursued from town to town, as fare as four towns next and farther, until etc. And if the aforesaid M.D. and I.B. the Felony and Murder aforesaid, in form aforesaid done, will deny, than the aforesaid A. is ready the Felony and Murder aforesaid against them to prove, as the Court here, etc. and she found pledges of pro sec. of this Appeal, viz. I.W. & C.E. etc.   

E.P. of H. in the County aforesaid Yeoman, in his own person, according to the form of a Statute in the Parliament of the L. King R. late King of Engl. the second after the Conquest, at Westminster the sixth year of his reign held, made, instantly appeals I.B. lately of H. in prison, etc. of that, that where I. the Wife of the aforesaid E.P. was in the peace of God and the Commonws. now at H. in the County aforesaid, the aforesaid day, &c the year, etc. about the hour, etc. There came the aforesaid I.B. as a Felon of the Commonwealth. Now of treachery and assault forethought against the peace of the public, the day, year, hour, and place aforesaid, the aforesaid A. than and there feloniously ravished, and with her than and there carnally lay, and the soyd I. to the same I.B. after the rape aforesaid, in form aforesaid done, viz. and the day and year, etc. as to the doing the said rape consented, and him for the s ame rape according to due form of Law refused to punish, and as s oon, etc.   

Appeal of Rape by the next a Kin.  
W.L. next of blood to I. daughter and heir of T.L. now dead, viz. brother of the aforesaid T.L. father of the aforesaid 1 feloniov sly ravished, in his proper person instantly appeals R.P. of K. in the county of S. Yeoman, and in the custody, etc. according to the form of the Statute of the L.R. lately King of Engl. the second after the Conquest, the sixth year of his reign, held, made, of the rape of the aforesaid I. and of the peace of the Commonwealth, now broken, of that that where the said I. was in the peace of God and the Commonwealth at M. in the county of E. the day, etc. the year, etc. about the hour, etc. there came the aforesaid R. as a Felon of the commonwealth, now by treachery and assault fore thought, against the peace public, the day, year, hour, and place a foresaid, and the aforesaid I feloniously ravished against the form of the Statute aforesaid. And as soon, etc.   

I A. in his proper person appeals R. L.of D. in the County of S. Yeoman, of that, that where I. A. was in the peace of the Commonwealth now at C. in the County aforesaid, the day, year, etc. about the vl hour afternoon of the same day, where came the afores aid R. feloniously as a Felon of the Commonwealth there by treachery and assault forethought against the peace public, the day, year, hour, and town aforesaid, with a certain arrow shot the aforesaid I.A. in the left knee, by which the veins and nerves were dried up, and s oh him feloniously he mayhemed, and as soon, etc. and if etc. the same I. this is ready against him to prove as the Court, etc.   

D B. in his person in's tantly appeals R.E. of cutting out the Tongue of him D. and the peace public broken, for that, viz. that when by a certain Statute in the Parliament of H. 4. lately King of England, the fifth year of his reign, at Westmin. held, made; It is ordained, that Malefactors who shall cut out the tongues, or pluck out the eyes of the people of the Commonwealth, this duly proved and found, that such fact was done out of malice forethought, shall incur the pain of Felony, as in the Statute aforesaid more fully is contained, and where the aforesaid D. was in the peace of God and the Commonwealth now at H. in the County aforesaid, the day and year, etc. about the hour, etc. there came the aforesaid R.E. feloniously as a Felon of the Commonwealth, by treachery and assault forethought, against the peace public, the day, year, hour, place, and county aforesaid, and with a certain knife, which he held in his right hand, the tongue of him D. feloniously he cut out; and at soon, etc.   

A Felon appeals and calls for the Coroner.  
MEmorand. that on Tuesday, etc. I. R. lately of L. &c. divers Felonies before the Keepers of the Liberties of Engl. by authority of Parliament in the upper Bench at Westm. acknowledges to have committed, requiring a Coroner of the Commonwealth for the good of the Commonwealth to be a ssigned him; and an Approver the said R. became, upon which I I.W. Coroner of the Commonwealth was assigned to him by the Court, to record those things which the said Approver would soy or acknowledge before me, and days were given to the same approver by the Court for his days of appeal, viz. Monday, Tue s-day, Wednesday, than next following, and after, viz. on Monday aforesaid, before me the aforesaid Coroner, at W. came the approver under the cousin tody of the Marsh all of the Keepers of the Libertyes of England by authority of Parliament in his proper person and appealed T.C. lately of L. and H. lately of S. of that that the afores aid T.C. with the approver about the first day of S. in the year, etc. at B. in the County of M. one piece of Silver to the value of 30 ss. of the goods and chattels of A.B. feloniously stole, and the aforesaid H.R. knowing them T.C. and the approver so to have committed that Felony, than at B. the aforesaid fourth day than next following received, and the piece of silver afore said, of them bought, etc.   
Let the same manner be observed in others alike.  

Otherwise, viz. Thursday next, etc. the year, etc. at O. I B lately of H. Yeoman, before L. M. and his companions Justices, etc. assigned the peace in the County aforesaid to conserve, was indicted of this, that he the day and year &c. (reciting the Indictment) against the peace public, etc. being before the aforesaid Justices asked How he would acquit himself of it? Acknowledged the Felony aforesaid, and an Approver of the commonwealth became, and requested a Coroner of the Commonwealth to be assigned unto him, upon which I I. W.one of the Coroners of the Commonwealth of the County aforesaid, was assigned to hear and record those things which for the good of the Commonwealth, he would say, or before me acknowledge, and after, viz. such a day, etc. said before me the aforesaid Coroner at E. the aforesaid approver, that W.I. of L. in the County of L. Yeoman, and the same approver in the way public betwixt W. and B. the distance of ten miles from B. aforesaid, the tenth day, & c. year, etc. upon a certain I.B. assault made, beat, and ill treated him, and six marks sterling in ready money of the Goods and Chattels of his I B. than and there found, feloniously taken and rob, whence the same approvor the aforesaid W.I. appeals.   

THis you hear Sir Coroner that I B.C. am a Thief of one horse, or something else, or an homicide of one man or more; As a fellow of the King, etc. And because many mi schiefes and robberies I have committed, I abjure, etc. and I aught to ha' ste me to the Port from such place as you have appointed me, nor aught I to divert to any other way, and if I do, I will that I be taken as a Thief and Felon of the King, and that at such a place I will seek diligently my passage, and will not expect but one flow and ebb, if I can pass, and if in such space I cannot go over, I will go every day into the sea up to my knees, and trying to pass, and if I cannot do this within forty days together, I will put my ss elf into the Church as a Thief and Felon of the King. So help me God and his doom.   
But it seemeth by the Statute of 22. Hen. 8. that this kind of Abjuration is taken away, and that it was the King's pleasure that such person which did abjure, s hold be abjured from all his ability, to some Sanctuary within this Realm there to continued during his life, and that he should be burnt in the right hand with this letter A. to the end he might be known to be an abjured person, and if after he was taken abroad out of the Sanctuary, than he should undergo such punishment as persons abjured did before the making of the ss aid Statute: And if any Felon refuse to abjure before the Coroner, he shall loose the benefit of the Sanctuary by the Statute of 21. H. 8. c. 2.  
This hear you Sir Coroner, that I J.M. of H. in the county of S. am a Popish Recusant and in contempt of the Laws and Statutes of England, I have and do refuse to come to their Church, I do therefore according to the intent and meaning of the Statute made in the 35 year of Queen Elizabeth late Queen of this Realm of England, abjure the Realm of England. And I shall haste me towards the port of P. which you have given and ass igned to me, and that I shall not go out of the Highway leading thither, nor return bacl again, and if I do, I will that I be taken as a Felon of the Commonwealth: And that at P. I will diligently seek for passage, and I will tarry there but one flood and ebb, if I can have passage, and unless I can have it in such space, I will go every day into the Sea up to my knees, assaying to pass over: so God me help and his holy judgement, etc.  

The form of a Certificate of an Abjuration.  
MEmorand. what happened at E. in the County of S. on Saturday, viz. the twentieth day of I. the year, etc. a certain R.S. lately of P. in the County of L. Yeoman, took the Church Parochial of P. for freedom and tuition of holy Church there to be had, by occasion of divers felonies by him before committed, and requests a Coroner of our Lord the King to be brought to him, upon which I I.W. one of the Coroners of our Lord the King of the County afores aid, came to him to the Church aforesaid being, and he before me the ss aid Saturday in the Church aforesaid confessed and voluntarily acknowledged that he the 27. day of May than last passed at L. in the Parish of Saint S. in the Ward of F. one Mazer coverect with silver of a certain I.B. in the house of him I. being, to the value of thirty shillings feloniously stole, for which felony he required of me the aforesaid Coroner the Realm of England to abjure; upon which the book being delivered to him by me the aforesaid Coroner, the same R. the Realm aforesaid before me the aforesaid Saturday, in the Church aforesaid abjured, into the same Realm never to return, without s peciall licence and reconciliation of the King of England, and as signed was to the same R. for his passage out of the Realm, the port of Dover, the cross in his hand put, as the Law and custom of England is.   

One taken out of the Sanctuary petitions for restitution.  
UPon this came the aforesaid E. and says that he the 14. day of I. the year, etc. took the Church of Saint G. at S. in the County aforesaid, for divers Felonies by him before committed, for safety of his life, and tuition of holy Church, and requests the privilege of that Church. And that I.L. and others to the same G. unknown, him than and there out of the Church aforesaid violently and against his will took and carried away, and this etc. and he sues to be restored, etc. and etc. to the Felonies not guilty.   

An Inquisition in Murder.  
AN Inquisition by Indenture taken at B. in the County aforesaid, Tuesday, viz. the 21. day of December, the year, etc. before me I.S. Gent. one of the Coroners of the Commonwealth of the County aforesaid, upon view of the body of a certain E.S. Gentl. there dead lying, by the oath of I.S. etc. Jur. try. and charged to inquire in what manner and how the aforesaid E. to his death came, who say upon their oath, that I.H. of S. in the County aforesaid, Yeoman, the fourth day of August, the year, etc. at B. aforesaid, in the County afores aid, a bout the hour of ten before noon of the same day. God before his eyes not having, but by instigation diabolical seduced and moved, of his malice forethought, feloniously as a fellow of the Commonwealth, in and upon the said E.S. in the peace of God and the Commonwealth being; than and there by force and arms a ssault and affray made, and that the aforesaid I.H. with a certain s word of the value of five shillings which the same I.H. in his right hand than and there held, than and there the aforesaid E.S. feloniou sly stroke, and with the sword aforesaid gave the same E.S. than and there one wound mortal upon the left knee of him E. wholly cutting of a certain bone of the aforesaid knee of him E. called the pan of the knee, the length four inches, breadth two inches, and depth two inche●, of which wound mortal, the same E.S. the twentieth day of December, the year abovesaide, at E. aforesaid in the County aforesaid died, and so the Jurors aforesaid, upon their oath aforesaid say, that the aforesaid I.H. in manner and form aforesaid the aforesaid E.S. feloniously, and of his malice forethought slew, and murdered, against the peace public, and further the Jurors aforesaid, upon their oath aforesaid say, that the aforesaid I.H. at the time of the felony and Murder afores aid done had no goods nor chattels, lands, nor tenements in the County afores aid within their knowledge. In testimony of which thing, as well I the aforesaid Coroner, as the Jurors aforesaid, to this Inquis ition our ss eales alternately have set, the day, year, and place aboves aid.  
By I.S. one of the Coroners of the said Commonwealth, of the said County.   

Murder.  

South.  AN inquisition by indenture taken at H. in the County aforesaid before me I. W. Gentleman, one of the Coroners of the Commonwealth of the County aforesaid, Tuesday, viz. the twentieth day of january, the year, etc. upon the view of the body of a certain C.B. lately the wife of P.B. of H. aforesaid at H. aforesaid, feloniously slain, than and there dead lying, by oath of good and legal men of the town of H. and of three other towns near viz. S.N. and C. as the manner is, etc. To inquire in what manner and how, the aforesaid C. to her death came, viz. by the Oath of A.B.C.D. etc. to the number of twelve at leas t, who say upon their Oath, that where the aforesaid C. the day, year, place, and County aforesaid, about the hour of two after noon of the same Tuesday, was in the peace of God and the Commonwealth at H. aforesaid, there came a certain W.B. lately of C. in the County of W. Gentl. feloniously as a fellow of the Commonwealth, by treachery and assault forethought, against the peace public, the day, year, hour, place, and County aforesaid, upon the afores aid C. his Mistress than big with child, and near her time of Childbirth, as salt made, and with a certain Hatchet of the value of four pence, which the said W. than and there in his hands held, on the left part of her head feloniously struck, giving her a wound mortal, of which wound mortal the same C. instantly died, and so the Jurors aforesaid upon their oath aforesaid say, that the afore said W.B. the aforesaid C. his Mistress, than and there feloniously slew and murdered against the peace public, etc. In testimony of which, etc.   

AN Inquisition, etc. upon the view of the body of a certain J.S. there dead lying, by oath of A.B.C.C. etc. to the number of twelve at lest of Jur. try. and charged to inquire in what manner and how I.S. to his death came, who say upon their oath that it so happened, at M. in the County aforesaid, the day, etc. year, etc. about the hour, etc. that where the aforesaid I.S. was in the peace of God, and the Commonwealth at M. aforesaid, the same day, year, place, and hour, there came W.L. of M. afores aid, and S. T. of S. in the County aforesaid Teoman, as Felons of the Commonwealth of their malices fore thought, upon I.S. than and there assault made, and the aforesaid W.L. with a certain Poniard, which in his right hand than and there he held the said I.S. upon the left part of his body, viz. upon his armehole struck to his heart, giving him a wound mortal, upon which the same I.S. instantly died. And so the Jurors aforesaid, upon their Oath aforesaid say, That the aforesaid W.L. the aforesaid I.S. at M. aforesaid, in manner and form afore said, feloniously slew and murdered against the peace public, and further the Jurors aforesaid, upon their oath aforesaid say, That the aforesaid T.S. the day, year, place, and hour aforesaid was present assisting, abetting, precuring, comforting, and maintaining the aforesaid W.L. to the Felony and Murder afore said, in form aforesaid doing and committing. In testimony of which, etc.   

Manslaughter.  
AN Inquis ition, etc. aforesaid. Who say upon their oaths That R. S.lately of D. in the County aforesaid yeoman, the nineteenth day of December, the year, etc. by force and arms, viz. with s words, &c upon a certain T.G. at D. aforesaid, in the County aforesaid, with a certain Candlestick of the value of twelve pence, which the same R. in his right ha●d than and their held, the same T. upon his head feloniously struck, giving to the same T. than and there one wound mortal of the length of two inches, the breadeth of one inch, and the depth of three inches, and after, viz. the same day, year, and place. T. than and there to the ground thronne, with his hands and knees so fiercely and violently he shaken, that the aforesaid T. of the wound and shaking aforesaid died. And so the Jurors aforesaid, upon their oath aforesaid say, That the aforesaid R. the aforesaid T. in manner and form aforesaid, than and there feloniously slew against the peace public, etc. And further the Jurors aforesaid, upon their oaths aforesaid say, That the afore said R. at the time of the Felony aforesaid, by him as aforesaid done, had no goods or chattels, lands, or tenements in the County aforesaid, nor elsewhere within their knowledge. In testimony of which, etc.   

Robbery and Murder by a man unknown.  

South.  AN Inquisition, etc. Who say upon their oath that the twenty fourth of S. the year, etc. so it happened, that a certain man unknown, God before his eyes not having, but by instigation diabolical seduced, and moved; with force, and arms, viz. with swords, etc. betwixt the hours seven and eight of the same day, at L. in the County afore said, in the highway, there in and upon the aforesaid S.B. than and there in the peace of God and the Commonwealth being, feloniou sly as a Felon of the Commonwealth assault made, and the aforesaid man unknown with a sword aforesaid, of the value of four pence which the same man unknown in his right hand than and there held, the aforesaid S.B. upon the breast than and there feloniously struck, giving the s ame S.B. than and there with the sword aforesaid, one wound mortal of the breadth of one inch, and depth of six inches, of which wound mortal the said S.B. than and there instantly died, and so the Jurors aforesaid upon their oath aforesaid say, that the same man unknown the same S.B. in manner and foresaid feloniously slew and murdered against the peace public, and further the Jurors afores aid upon their oath aforesaid say, that the aforesaid man unknown after he the felony and murder aforesaid, viz. in form afore said had done and committed Fled against the peace public. In tes timony of which, etc.   

Murderer of himself who hangs himself; no forfeiture of Lands.  
AN Inquisition, etc. Who say upn their oath, that the aforesaid H.W. the fourth day of April, the year, etc. abovesaid, about the fourth hour after noon of the same day, God before his eyes not having, but by in stigation diabolical seduced and moved, at T. aforesaid in a certain Meadow, of the same H. called Edes Meade, than and there alone being, with one girdle of Leather of the value of one penny which he than and there in his hands had and held, and one end thence about his neck than and there put, and one end thence about the bough of a certain willough tree bound, and himself than and there with the girdle aforesaid willingly and feloniously hanged and strangled. And the Jurors afores aid upon their oath aforesaid say, that the aforesaid H. W.in manner and form aforesaid willingly and feloniously as a fellow of himself, himself murdered against the peace public, and further the Jurors aforesaid upon their oath aforesaid say, that the aforesaid H.W. the time of the felony aforesaid, no goods or chattels had in the county within their knowledge. In testimony of which, etc.   

AN Inquisition, etc. as above. Who say upon their oath, that the aforesaid A. ●. the third day of October, the year, etc. abovesaide, about the hour, etc. God before his eyes not having, but by instigation diabolical seduced and moved, of his malice forethought, at S. aforesaid, in the County afore said, than and there alone being, in a common brook there himself willingly and feloniou sly drowned: And so the Jurors aforesaid upon their oath aforesaid say, that the aforesaid A.P. in manner and form aforesaid, than and there willingly and feloniously as a fellow of himself, himself slew and murdered, against the peace etc. In tes timony of which, etc.   

Of a mad man who drowns himself, it is not Felony.  
AN Inquisition, etc. upon view of the body of a certain G.P. there dead lying, by the ●ath of A.B. etc. sworn to inquire in what manner, and how the aforesaid G. p. to his death came, who say upon their oath, that the aforesaid G. P. the fourth day of May, the year, etc. abovesaid at H. being than and there not ss ound of mind, himself into a Spring wilfully cast, and so the Jurors aforesaid, on their oath aforesaid say, That the afores aid G. B. from the cause aforesaid, in manner and form aforesaid to his death came. In testimony of which, etc.   

Of a prisoner who died in the Gaol.  
AN Inquisition, etc. upon view of the body of a certain H. C.lately of O. in the County aforesaid Husbandman, there dead lying, who before than committed was thither by B. T. Knight oon of the Justices of peace of the County aforesaid, for suspicion of Felony, by oath of A.B. & c. who say upon their oath that the aforesaid H.G. the tenth day of january, the year abovesaid, in the Gaol aforesaid, of the visitation of God died, and so the Jurors aforesaid, upon their oath aforesaid say, that the aforesaid H.G. in manner and form aforesaid to his death came, not otherwise within their knowledge, In testimony of which, etc.   

AN Inquisition, etc. Who say upon their oath that the fourteenth day of April, the year, etc. abovesaid at C. in the County aforesaid, betwixt the hours seven and eight before noon of the same day, with one Axe which the said L.H. than and there in his hands had and held, he cut and threw down one Oak than growing in a certain wood called, the Chase, by reason of which throwing down aforesaid, the aforesaid Oak, than and there by misfortune fell upon the head of the aforesaid L.H. giving the same L.H. one wound mortal of the length of three inches, and the depth of one inch, of which wound mortal of the length of three inches, and the depth of one inch, of which wound mortal, the afores aid L.H. th●n and there instantly died, and so the Jurors afores aid, upon their oath aforesaid say, that L.H. in manner and form aforesaid, by misfortune to his death came. And further the Jurors aforesaid say, that the aforesaid Oak is of the value of eight shillings, and that it lies in the wood afores aid, now in the tenure, custody, or occupation of a certain I.S. In Tes timony of the which, etc.   

Otherwise by misfortune by a Cart with its Load.  
AN Inquisition by Indenture, etc. who say upon their oaths, that the aforesaid R.W. the eleaventh day of October, etc. the year, etc. abovesaid, at P. aforesaid in the County aforesaid, going with his Cart from Redding in the County of B. to Basilius singstoke in the County of Southamp. aforesaid, by the way between R. and B. aforesaid, viz. at P. afores aid, in the County aforesaid, his said Cart with the load fell upon the body of the afore said R.W. and so broke his body, that of that breaking the aforesaid R. than and there instantly died. And so the Jurors aforesaid, upon their oath aforesaid say, that the afore said R. W. in manner and form aforesaid, by misfortune to his death came. And further the Jurors aforesaid, upon their oath aforesaid s aye, that than and there three Horses and two Oxen, with the Cart afores aid, and their Load, viz. six Packs of wool, containing in them by estimaion twenty four Tods of Wool, moved to death the aforesaid R.W. and that the aforesaid three Horses and two Oxen are of the price of four pound and ten shillings, and that the aforesaid Horses, Oxen, and Cart, remain in the custody of I.W. of P. afores aid, viz. the late wife of the aforesaid R.W. and that the aforesaid six Packs are of the value of sixteen pound, whence they say, that two of the aforesaid six Packs are of the value of four pound thirteen shillings and four pence, and remain in the cousin tody of H. P. of B. aforesaid, Clothier; and that other three packs of the aforesaid six, are of the value of eight pounds, and remain in the custody of T. B. of Romsey, in the County of S. Clothier, and the aforesaid one other pack, residue of the aforesaid Packs, is of the value of sixty ss hillings and eight pence, and remains in the custody of W. B.of R. aforesaid Clothier. In testimony of which, etc.    


The Sheriffs Oath for the due execution of his Office.  
YOu shall swear, that well and truly ye shall serve the Keepers of the Liberty of England by authority of Parliament, in the Office of the Sheriff of the County of Southampton, and do the Commonwealth profit in all things that belongeth to you to do by way of your office as fare forth as you can or may: you shall truly keep the commonwealths right, you shall not assent to decrease, or lessing, nay, to concealment of the commonwealths rights or of its Franchses, And what's oever you have knowledge that the commonwealths right have been concealed or withdrawn, to be in lands, rents, franchises, or suits, or any other things, ye shall do your true power to make them to be restored to the commonwealth again: And if you may not do it, ye shall certify the Keepers of the Liberty of England, or some of them thereof, ye shall not respite the Commonwealths debts for any gift or favour, where you may raise them without great grievance to the debtors: ye shall truly and rightfully treat the people of your Sherifwicke, and do right as well to poor as to rich, in all that belongeth to your Office: ye shall do no wrong to any man for any gift, or other behest or promise' of goods for favour nor hate: ye s hall disturb no man's right: ye shall truly acquit at the Exchequer all though see of whom ye shall any thing receive of the Commonwealths debts: ye shall nothing take whereby the Commonwealth may lose, or whereby the right may be letted or disturbed, and the Commonwealth delayed: ye shall truly return, and truly serve all the Commonwealth's Writs, as fare forth as shall be to your cunning: ye shall not have to be your Undersherife any of the sheriffs of the last year past: ye s hall take no bailiff into your service, but such as you will answer for: you s hall make each of your bailiffs to take such oath as you make yourself in that belongeth to their occupation, you shall receive no Writ by you nor any of yours unsealed, or any s ealed under the seal of any Justice, saving the Justice in Eire, or Jus 'tice ass igned in the same ss hire where ye be sheriff, or other Justices having power and authority to make any Writs unto you by the Law of the land, or of the Justices of Newgate: you shall make your bailiffs of true and sufficient men in the country. Also ye shall do all your power and diligence to destroy and make to cease all manner of here sies and errors, commonly called Lollaries, within your bailiwick from time to time to all your power, and assist and be helping to all the Ordinaries and Commi ssaries of the whole Church, and favour and maintain them as often as you shall be required by the Ordinaries Commissaries: ye shall be dwelling in your own proper person within your bailiwicke for the time ye s hall be in the same office except ye be otherwise licenced by the Keepers of the liberty of England by authority of Parliament: ye shall not let your ss herifewick, nor any bailiwick thereof to any man: ye shall truly set and return reason and due issues of them that be within your bailiwick after their estate and behaviour, and make your panels yourself of such per sons as be next, most sufficient, and not suspect, nor procured, as it is provided by the statutes. And over this, in eschewing and restraint of manslaughters, robberies, and other manifold grievous offences that be done daily, namely by such as name themselves s ouldiers, and by other vagrants, the which increase in number, and multiply so that the people of this Commonwealth may not surely ride nor go to do such things as they have to do, to their intolerable hurt and hindrance: Ye shall truly and effectually with all diligence possible to your power execute the statutes, as the statutes of Winchester and for Vagabonds. Allthese things ye shall truly obs erve and keep, as God you help, and by the contents of this book.   
Or thus;  

You shall well and truly execute the office of Sheriff of the county of A. during such time as you shall be sheriff.     

OF THE AUTHORITY OF A SHERIFF, And how and in what manner he aught to execute his Office in all things that are in use.  
THE SECOND BOOK.  

FIrst of all, when he is appointed to be Sheriff, he is than Keeper of the County, and his power and authority is very great, as hereafter I will set forth and declare at large: And at the entrance into his Office, the first thing that he must do, is to go into the Exchequer, into the Remembrancers office there, and to enter into Recognisance there with sureties, or some for him, for the payment of his proffers, at or before mense Paschae, and mense Michael than next following. That done, his Attorney there, will writ him a note, thereby s ignifying that he is Sheriff of such a county, and that he hath entered Recognisance for his proffers, the which note the Sheriff must deliver to one of the six Clerks in the Chancery, for his warrant to make the Sheriffs tent by, with his Writ of assi stance, and a Writ of discharge to be de● ivered to his predecessor, to discharge him 〈…〉 his office, the which would be delivered with all speed, for his own benefit or his undersherifes; for un●●● it be delivered unto his predecessor, the precede●. Unders herife may do execution of Process. And this being done, than if he be so well provided, he may take his Undersherife with him, and go either to a Master of the Chancery, or to one of the Judges of the As sises of that Shire, whereof he is Sheriff, and take their oaths for the due execution of the said Office, or else he must have a Dedim potestat. out of the Chancery, from the Clerk which made his Patent, directed to two Justices of the Peace of the same County, whereof one must be of the Quorum, to give him his oath in the country; but his Undersherife may be sworn by two Jus tices of Peace, whereof one must be of the Quorum, without Commission: and until they be thus sworn, they may not intermeddle with the execution of any process by the Law.  
A Sheriff at or before his first County Court, must take over from the old Sheriff his predecessor, all his prisoners, and writs, precisely by view and by Indenture to be made between them, wherein all the causes which he hath against every prisoner (at the peril of the old Sheriff) must be set forth and declared, or else the new Sheriff needs not to take any notice of any thing that is omitted, and left out of the Indenture: for he is not chargeable with it, but the old Sheriff, as it appeareth of late in a case adjudged in my L. Cooks 3. book of Reports, Wesbies' case fol. 72. against the Sheriff of London: For although they set him over by In●enture, yet they set not over all the causes which they ●ad against him, but omitted an Execution, which after was recovered against the old Sheriffs by the plaintiff, and Wesby was at liberty, and the Sheriffs were sans remedy.  
All the Writs which are set over in the Indenture between the Sheriffs, if they have been executed by the old Sheriff, than they must be returned by him, and endorsed under by the new Sheriff thus,  

I sand the Writ as it is indorsed, to me delivered, it was by R.W. Knight lately Sheriff if my next predeces ss or, in his going out of his office.  
H.C. Knight Sheriff.   
And a Sheriff at the first County Court which shall hap to be after his election, and discharge of the old Sheriff, must read his Patent and his Writ of Assi stance, and nominate his Undersherife, the County Clerk, and four deputies of Replevins at the lest for ease of the Country, who aught to dwell 12 miles one from another: in every quarter of the County one, to grant Replevins when need shall require.  The first County of F.P. Knight of the County a foresaid, and so next second County, the next County Court, held at the Ca stle of Winchest. such a day and year, setting the Keepers of the Liberties of England Style at large. 
Than the bailiff must make an Oyes, and say thus, Essoines and Proffers (before the Court three times) for this day. And than say, if any man will be essoined or enter any plaints, let them come in and they shall be heard.  A.B. Is ess oined because he is sick, or such like. A.B. Complains against C.D. of a plea of Debt, unjust de tinue of his Cattles, or of a plea of Debts unjust detinue, trespass, or such like, as the case is. 
This Court aught to be kept every month upon a day certain of neces sity by reason of the Keepers of the Liberty of Engl. by authority of Parliament writs of Exigents which must be read there.  
And the Actions must be called there as they are in a Hundred Court, or Court Baron, and it will not hold plea where the debt or damage is forty shillings, unless it be by Writ of Ius ticies out of the Chancery, which is a commission to the Sheriff to hold plea of any sum whatsoever, and yet it is but in the nature of a Distringas, to does train a man by his goods to answer there to the plaintiffs action, for his body cannot be touched with it by law, nor his lands.  
And the like entries, plaints, answers, bars, and issues are to be put in there, as are used in a Hundred Court, or Court Baron; for this Court is but a Court Baron. And although it be the Sheriffs Court, yet the Freeholders of the County are the Judges there in all Actions. And the Commonwealths County Coroners of the aforesaid Keepers are only Judges to give Judgement upon the Writs of Exigents, and none else; and if they be Freeholders as they aught by the Law to be, they are also Judges of their actions; if they be not, they may be removed from their places for lack of Freehold, it is a sufficient exception in Law to be taken against them in that case.  
And the like Process or Precepts as are out of a Hundred Court, changing things to be changed, are to be made out of this Court, viz. summons, attachment, and distress infinite  
Election for Knights for the Parliament, and of Coroners and Verderers, are always made by the Keepers of the Liberty of England by authority of Parliament Writ in the open County Court, and the day and time when, and by whom, viz. by the Freeholders of the County, and the Knights are to be chosen between 8. and 9 of the clock in the forenoon, the Court sitting. And the names of such Freeholders as are at the election of Coroners and Verderers aught to be set down in the County Court book, for to testify such election, and the Sheriff is to minister unto the Coroners and the Verderers their several oaths for the due execution of their offices.  

A Replevin.  

South.  F P. Knight Sheriff of the County aforesaid, to the Bailey of the Hundred of H. also to I.S. my Bailey for this time, and to both, and jointly and severally greeting. Because W.P. has found me sufficient security, as well for the prosecution of his claim, as for his cattles, viz. one Gelding, three Horses, etc. which I.C. took and unjustly detains (a●●s said) to be returned if the return be thence adjudged. Therefore of the part of the Keepers of the Liberty of England by authority of Parliament, you and both of you jointly and s everally I command, that you Replevie and delivery make, or one of you replevie and delivery make to the afroesaid W.P. of his cattles aforesaid, and that he put or, etc. by surety and safe pledge the aforesaid I.C. So that he be at my next County Court at the Castle of Winchest. to be held, to ans wer the said W.P. a plea of taking and unjust detinue of his Cattles afores aid, and in what manner, etc. to me at my next County certify ye, or, etc. Under the peril incumbent. Given under the Seal of my Office, the last day of Decemb. the year, etc.  
By me Rich. W. Knight, Sheriff.   
And if this Replevin be granted by a Deputy to the Sheriff, than he must set his name to the Replevin thus.  By me I.W. one of the Deputies of the said Sheriff, according to form of Stat. 
And if the first Replevin be not executed, than the Sheriff or his deputy may grant an alias Replevin, and so a plur. Replevin, vel causam mihi significes, and after toties quoteis if need be. And upon all these Replevins, there must be a Bond of ten pound at the lest taken of him to whom the Replevin is granted for his appearance at the next Court after, and prosecution of his suit with effect against the taker of the cattles, and to make return thereof, if return be adjudged, the form of which Bond and Condition thereof must be thus.  

Obligation.  
KNow all men by these presents, that I W. P. of C. in the County of South. Gentleman, am held, and firmly obliged to F.P. Knight, Sheriff of the County afore said in ten pounds of good and lawful money of England, to be paid to him the same Sheriff, or his certain Attorney, Executors or Ass ignes, to which payment well and truly to be made, I oblige myself, my Heirs, Executors and Administrators firmly by these presents. Sealed with my Seal.  
Dated, etc.   

Condition.  
THe Condition of this present Obligation is such, that if the above bounden W.P. do appear at the next County Court to be holden at the Ca stle of Winchester, and than and there do prosecute his action with effect against I.C. for the wrongful taking and detaining of his cattles, videlicet, of one Gelding, and three Horses as it is alleged. And do also make return thereof, if return thereof shall be adjudged by Law, and also do save and keep harmless, and indemnified the above named Sheriff, his Unders herife, and Bailifeses, for, touching and concerning the delivery of the ss aid cattles, that than this present Obligation to be void and of none effect, or else the s ame to stand, remain, and continued in force, strength and virtue.   
And if in this case the taker of the cattles jus tifie the taking as in his freehold, than this Court can proceed not further therein, but the cause must be removed from thence by the Keepers of the Liberty of England by Authority of Parliament writ out of the Chancery called a Recordare fac loquelam, directed to the Sheriff retornable the next term following, either in the Upper bench, or in the court of Common Pleas, which the party will, for they are both common Law, but they are more properly belonging to the court of Common Pleas, and this writ aught to be openly read and allowed in the said Court, to the end that notice may be given thereof to the plaintiff in the Replevin, that he may appear at the day of the return thereof, and declare against the taker of his cattles, or else the taker will have A return hahend. aver, and so put him to sue forth the second deliverance, which is a does advantage to the plaintiff, for he shall than have not more second deliverance, otherwise he might have another, and let the Attorney for the plaintiff see well to the ss ealing of the writ of second deliverance with return hand. averior. or else it will fall out to be manifest error, and overthrew the cause, be it never so just, when it is an exec, because the writ of R.D. is an original writ, but the def. therein shall have no costs, it was the case of Nic. M. Gent. against Tho. Newman in a Replevin for an annuity adjudged in the upper Bench, Term. Trin. ann. xv. I.R.  
Now next, the high Sheriff will look for his security from his under Sheriff before he will trust him with his office, because he will sleep quietly, and take his repose in s afty: and for that commonly he hath bonds and covenants of the undersherife and his friends. That men make not voided all these bonds and covenants taken of their undersherifes, Let them look to the stat. 5. E. 6. c. 16. And that gentlemen's Clerks may s ufficiently know how to execute the office of an undersherife, I have taken occasion to s et forth this book of directions, sufficiently to teach and in's truct any Clerk that is willing to undergo the burden of this office for his Master, rather than a Gentleman of worth shall for a little money hazard his oath or his credit in his country, for by this means he had better (in discharge of his duty both to God and his Country in the execution of his office) keep his office in his house, so that he may take a continual survey of it himself, than trust a stranger upon bonds and covenants with the whole execution of his Office, which by the Statute of 23 H. 6. ca 10. are thought by many opinions to be void or voidable, for the words of the Statute are these, That no Sheriff, nor none of his Officers or Ministers shall take or make any Obligation for any cause mentioned in the said Statute, or colour of their office, but only to themselves, of any person, or by any person which shall be in their ward, by course of the Law, but in the name of their office, and upon condition written, That the ss aid prisoners shall appear at the day contained in their writs, bill, or warrant, and in such places as the said writs, bills, or warrants shall require. And if any Sheriff, or any of his officers take any Obligation in any other form, by colour of their office, that it shall be void: And in this course there can be no loss to the Sheriff, if his Undersherife be careful to follow the directions here laid before him, for he shall hereby both get good knowledge and experience and some profit, and his master may give him good allowance, and yet s have sufficient out of the honest gains of the office, to pass his accounts, and to defray part of his other charge, and have his countrymen well dealt withal, and gently entreated according to his oath; whereas now as the office is used otherwise by undersherifes which buy their offices, they pay for it, or else the under sheriff must go away a beggar.  

The form of an Indenture for ss etting ever of Prisoners and Writs, between two Sheriffs.  
THis Indenture made, etc. between J. K.es' choir, late Sheriff of the County of South. of the one party, and Sir H.W. Knight, now Sheriff of the ss aid County on the other party, witnesseth, that the said I.K. by virtue of the Keepers of the Liberty of England by authority of Parliament Writ of does charge of his late office to him directed, hath delivered and set over unto the said Sir H.W. these Writs following, viz. A Capias, against W.F. returnable the Oct. of Hil. at the suit of Andrew Limbon, etc.  
Together with the bodies of I.S. in execution at the ss vite of G.H. for a debt of 22. l. and I.H. at the suit of C.D. in execution for 10. l. etc. In witness s e whereof, etc.   

The form of an Indenture made between the High s herife and his undersherife.  
THis Indenture made, etc. between I.H. of D. in the county of S. Esquire, on the one party, and H.R. of G. in the said County, Gentleman, of the other party, witnesseth, that whereas the said I.H. being by the Keepers of the liberty of England, by the authority of Parliament appointed to be high Sheriff of the said County of S. for this year to come, hath upon s peciall affiance, confidence, and trust that he hath and bears in and towards the said H.R. promised and granted to the said H.R. the use of the exercising of the office of his undersherifwick of the said C. together with all fees, fines, forfeitures of Bonds, profits, commodities, advantages, casualties, allowances, liberties, franchises, courts, tornes, leets, perquisites of Courts, and other emoluments certain and uncertain whatsoever, to the office of sherifwick or undersherifwick belonging, or in any, wise appertaining that any ss herife or undersherife of the said County hath heretofore justly and lawfully claimed or had, to have and to enjoy during, and by all such time as he the said I.H. shall be, remain, and continued high Sheriff of the said C. of this appointment or election not discharged. In cons ideration whereof, the said H.R. covenanteth, granteth and agreeth, and faithfully promiseth for him, his heirs, executors, and administrators, that he the said H.R. his heirs, executors, or administrators, shall and will does charge, or otherwise sufficiently save and keep harmless as well the said I.H. his heirs, executors, and administrators, as also his and their and every of their goods, cattles, lands, tenements, and hereditaments, of and from all and all manner of troubles, vexations, suits, actions, informations, complaints, contempts, fines, forfeitures, amerciaments, penalties, pains, sum and sums of money payable or levyable to or for the Keepers of the liberty of England by authority of Parliament, or any other per son or persons whatsoever, for any matter or thing to be done in or about the said office, and of and from all losses, hindrances and damages, that shall or may be lawfully moved, stirred, procured, commenced, prohibited, prosecuted, hap or fall, or lawfully asked, demanded, or levied upon the said I.H. his heirs, executors, or administrators, or of or upon his or their, or of any of their goods, chattels, lands, tenements, or hereditaments, for or by reason of the ss aid office of Sheriff, either by non- suing, or unlawful returning, slow returning, or misreturning of any Precepts, Writs, Warrants, or Process to the high Sheriff directed, or to be directed, or for, by cause, or means of any excessive or unlawful extortion or exaction, or taking of any money, or other gain or commodity, for the serving or not serving of any such Writs, Warrants, Precepts, or Process, or for or by reason of any misdemeanour, misusing, or misgovernment, negligence, lack of skill, or of ignorance that shall be in the said H.R. in or about the doing exercising, or executing of the said office of unders herife, and the said H.R. for himself, his heirs, executors, and administrators, by these presents doth covenant, and grant to and with the said I.H. his heirs, executors, and adminis trators, in like manner to discharge, or otherwise to save harmless and indemnified, as well the said I.H. his heirs, executors, and administrators, as also all their goods and cattles, lands, tenements, and hereditaments, of and from all manner of escapes, both wilful and negligent, of traitors, felons, and other prisoners committed, or to be committed to his or their safe keeping or charge, in breach of prisons, and of and from all fines, forfeitures, amerciaments, sums of money, and penalties that he or they or any of them shall or may incur, bear, pay, or sustain for any escape or breach of prison during all the time of his continuance in the said office of high Sheriff of this appointment, and moreover the said H.R. shall give attendance convenient, and requisite upon the Courts at Westm. upon the Judges of Ass. and Iust. of the peace, and other Commissioners and officers within the ss aid County, upon whom the said I.H. or the said H.R. in respect of the ss aid office of Sherifwick aught by the Laws of this nation to attend; and furthermore shall within one year next after the discharge of the ss aid I.H. from his said office, justly and truly make a perfect account in the Exchequer or elsewhere of all the sums of money, and other things wherewith the said I.H. shall or may be charged ●s Sheriff of the County of S. and shall within the said time deliver unto the said I.H. his heirs, etc. a sufficient acquittance or quietus est. And it is further agreed upon by the said parties to these presents, that every one of the Bailifeses of Hundreds, and all other the officers under the Sheriff, shall enter into sufficient bond by obligation, that they and every of them shall truly and diligently deal in, exercise, and execute their offices during the time aforesaid, and if any shall refuse to enter bond, or misdemeane himself, that than it shall be lawful to and for the said H.R. in his di scretion to place another meet for that office in the room of such person that s hall refuse or misdemean himself as is aforesaid. In witness whereof, etc.   
The Bonds are commonly taken of the under sheriff and his sureties for the performance of these covenants, and they are ordinary as all other bonds are for performance of covenants, and therefore here needs no prefident for them.  

A condition for a Gaoler to enter into the Sheriff, for the safe keeping of his prisoners.  
THe condition, etc. That whereas the above named S.H.W. hath at the special instance and request of the above bounden W.U. constituted and appointed the said W.U. to be his Keeper of all such prisoners as shall be arrested or attached by any manner of Writ, Warrant, or Precept, made or to be made, by or in the name of the said S. H.W. or by or in the name of I.W. his undersherife. If therefore the said W.U. his deputy or deputies, assignee or ass ignees, or any of them shall and do well and safely keep all such pris oners as shall be committed to him or them, or any of them, and therein s hall save and keep harmless, and indemnified the said sheriff, his heirs, executors and administrators, at all and every time and times hereafter, of and from all and all manner of escapes of all manner of pris oners that shall be committed to the custody and safe keeping of the said W.U. or left under the custody or charge of any of his deputies or as s ignees, and of and from all manner of judgements, executions, fines, charges, troubles, and encumbrances whatsoever, which shall or may hereafter grow or hap to be taxed, imposed, estreted, or levied upon, of or against the said sheriff, as sheriff of the C. aforesaid, or by reason of any such E escape, or Escapes, as aforesaid. And if also the ss aid W.U. his deputy or assignee, shall not discharge or set at liberty out of his or their custody and safe keeping, any prisoner or prisosoners which now are, or that hereafter shall or may be by the said sheriff, or by his undersherife or deputy, or by any of their Bailifeses taken, committed, delivered, or left in the custody of the said W. V his deputy or servant, without the special warrant in writing under the hand and seal of the officer of the said Sherise in that behalf first had and obtained. That than, etc.   

A condition for a bailiff to enter into, to the Sheriff.  
THe Condition, etc. That whereas the above named S.B.T. at the special instance, earnest entreaty of the above bounden I P. hath authorised and appointed the said I. P: to be one of his Bailiffs within the Co. of S. abovesaid, and in more particular hath committed to his charge the Bailiwick of the Hu. of M. and B. if therefore the ss aid I.P. and all such persons, etc. for and about the executing of such things as s hall be given him in charge to do and execute, as Bailife of the Hun do justly etc. execute his said office according to the effect and intents of such warrants and precepts as shall be directed unto him, and come to his hands, from the above named sheriff, or from his unders herife to be executed, and shall and do upon the view of every warrant upon mean process from the said sheriff, take sufficient bond with two s ureties for the appearance of the defendant arrested according to the stat. in that case made and provided, and shall safely convey or deliver every such bond, uncancelled unto the said Sheriff, or his undersherife, before such time as the process whereupon the said warrant is made is returnable, and also shall at all times, and from time to time, during the continuance of the said s herife in office of sheriff of the said county, be ready and attendant both upon the s and sheriff, and upon his under sheriff, as well at every Assize and sessions, as also at every C. court to be holden, etc. than and there to execute his said office as appertaineth. And also shall well and truly pay, or cause to be paid to the said s herife or his unders herife, at the Feasts of Easter and S. Mich. the Archangel now next coming after the date above written, all and every such ss umme and sums of money as hath been accustomed yearly to be paid to the Sheriff of the said county for the Keepers of the Liberty of England by authority of Parliament out of the said Hundreds, upon the account of every bailiff of the said Hundreds, commonly called sheriffs turn money: And do in like manner before the said feast of S. Mic. collect and gather of the inhabitants within the said Hundreds, all sums of money due to the Keepers of the liberty of England, upon the summons and s cedule of the green Wax, a sufficient warrant being in convenient time delivered unto him to that end and purpose, and do accordingly pay the same to the said sheriff, or to his undersherife within one month next after he hath gathered and collected the same, without covin or further delay. That than, etc.   
A Sheriff is to make warrants upon mean process, or to execute them himself, which is not possible for him to do execution of all: and they must be made according to the several natures of his Writs, which for the substance will direct him, but not for the form thereof, and that doth differ in many counties, but all to one effect, as in the county of Southampton, thus:  

A general Warrant.  
SS. F.P. Knight, Sheriff of the County aforesaid to the Bailie of the Hundred of Housholt, greeting, of the part of the Keepers of the Liberty of England by authority of Parliament, I command thee that thou takest A.B. if etc. and him safely etc. s oh that I may have his body before the Justices of the Common Bench at Westminst. in the Oct. of Saint Hilary, to answer C.D. of a plea of debt (or Trespass, according to the Writ,) and this, etc. Given under the seal of mine Office, the twentieth day of December, the year of our Lord one thousand six hundred forty eight.   

A special Warrant.  
SS. F.P. Knight, sheriff of the County aforesaid, to the Bailie of the Hundred of H. also to J.W. and T.B. my Bailifeses for this time, and to every of them greeting, of the part of the Keepers of the liberties of England by authority of Parliament, you and every of you jointly and severally I command that you take, or etc. A.B. etc. and him safely, etc. so that I may have his body before the Keepers of the libertyes of England by authority of Parliament, in the upper Bench at Westm. on Thursday next after the Oct of Saint Hil to answer C.D. a plea of Trespa ss, etc. given, etc. as above.  
20. day of Decemb. the year of our Lord, 1638.  
By virtue of the Keepers of the Liberties of England by authority of Parliament Writ to me directed, Ret. before the Keepers of the Liberties of England by authority of Parliament, in the upper bench at Westminst. Thursday next after the Quindene of Saint Hil. Or if it be out of the Court of Common pleas, than, Ret. before the Justices of the Common bench at Westm. in the Oct of Saint Hil, you shall arrest A.B. if he may be found within my Bailiwick, to ans wer to C.D. in a plea of Trespass, or a plea of Debt, according to the Writ. Given under my seal of office, the day and year abovesaid, etc.  
Per I.P. Mil. Vic: To I.P. and R. S. my special Bailifeses in this behalf, jointly and s everally greeting.   
And in York they use to make their Warrants thus, upon their mean Process.  

SS. George S. Knight and Baronet, Sheriff of the county aforesaid, to all my Bailifeses, or to all my Bailifeses within the County aforesaid, as well within liberties as without, also to I. B. and C.D. my bailiffs this time only Itiner. greeting,  
of the part of the Keepers of the Liberties of England by authority of Parliament, you and every of you jointly and severally, I command, that he take, or etc. A. B.if etc. And him safely, etc. so that I may have his body before the Keepers of the Liberties of England by authority of Parliament, in the upper Bench, (if the Writ come out of the upper bench) at Westminst. Thursday next after the Quinden of Saint Hil, but if the Writ come out of the court of Common pleas, than it is, before the Justices of the Common bench at Westm. in the Oct. of saint Hil. to answer C.D. a plea of Trespass, or Debt, according to the Writ.  
Given under the seal of my office, such a day and year, as above.   
And this seems to be the best form of Warrants to have them served: and there they use to make Warrants upon all their Executions in this form, s have only there is added these words before the Teste of the Warrant, Provided always that this present Warrant is to be executed at the Peril of the Plaintiff only. And thereupon the Plaintiff will not only pay down the Fee for the Execution, as much as the Statute allows, but also give bond without condition, for the saving of the sheriff harmless of the escape, if any should hap to be, only they will set down under the Bond, the cause wherefore the Bond is taken, and the Bond is taken to a stranger, and yet never ques tioned, which makes execution to be the better done, or else the country is so spacious, the Sheriff would not be able to do a quarter of his work. And I see no reason but it may be used in any other country as well as there, and it will make the Sheriffs work much the easier to be done, and all things considered the more for his profit.  
Also they use there to make warrants upon Capias utlagat. in the like form, and to take Bond, with condition, to bring the defendant to prison if he be arrested, which makes good execution of these Proce sse; and it were good this were used in all Countries, than there would not be so much extortion and indirect dealing used by Undersherifes and Bailiffs, to the Weal public, as there is, or if they take any man upon a Capias utlagatum, they will not only take money of the Plaintiff for to take the Defendant, but when they have taken him, for money they will let him go again, and they will allege for a colour, it is to reverse the Outlawry, which they have nothing to do withal. He aught to be brought to prison, and there remain until one Attorney or other have reversed the outlawry for him, and not the Sheriff; for although he be an Attorney, he aught not when he is sheriff to practise as an Attorney; but yet notwithstanding they do forestall the Market against the Law and the high sheriffs oath, and it is pity that it is suffered to go unpunished.  

The form of a bond for appearance.  
KNow all men by these presents, that we A. B. of C. in the county of southampton Gent. E. F. of G. in the County aforesaid Yeoman, and H.T. of R. in the county aforesaid Yeoman, are held, and firmly obliged to F.P. Knight, Sheriff aforesaid, in forty pounds of good and lawful money of England to be paid to the Sheriff or his certain Attorney, Executors or A ssignes, to which payment well and truly to be made, we bind ourselves, and every one of us by them elf, for the whole and in the whole, the heirs, executors, and adminstrators of us, and of every one of us, firmly by these presents.  
Sealed with our Seals. Dated the 20. day of Decemb. in the year of our Lord 1616.   

The Condition of this present Obligation is such, that if the above bounden A.B. do appear before the Keepers of the Liberties of England by authority of Parliament, in the upper bench at Westminster, Thursday next after the Quinden of saint Hil, if the Writ be out of the upper Bench, according to the return of the Writ: but if the Writ be returned in the Court of Common pleas, than the words in the condition must be for the defendant to appear before the Justices of the Common bench at We stm. in the Oct. of saint Hil. or such other return, according to the Writ, to answer to C. Din a plea of Trespass or Debt, as it is in the Writ, that than this present Obligation to be void, and of none effect, or else the same to stand, remain, and continued, in force, strength and virtue.  
Sealed and delivered to the use of the above named sherise in the presence of A.R. and T.S. Two witnesses at the lest.   
A Sheriff before he return any writ into the Chancery, the upper Bench, the court of common pleas, and the Exchequer, aught to have an Attorney or Deputy in every one of those Courts of Record, to answer for him by warrant of Attorney. And if any Sheriff do contrary to this ordinance in any point, he forfeits 40 lively every time, and triple damages to the party grieved: one moiety thereof to the Keepers of the Liberty of England by Authority of Parliament, and the other moiety to him that will s we, by a stat. law made anno 23. H. 6. ca 10.  
You shall find in this Book good returns for all manner of writs now in use, her set down to your view, whensoever you shall have occasion to use them, and also apt returns of all your Excheq. process, with apt and due forms of all sorts of Inquisitions to be returned there, or elsewhere, with your process.  
Sheriffs and Undersherifes aught to receive all manner of writs in any place within the County, without taking of any thing, and making thereof warrant: and if he refu see to do it, if he make not a return of those writs, he shall be punished, and tender damages to the party grieved by the Statute of 2 Ed. 3. cap. 5.  
Also a Sheriff may arrest men which go or ride armed, and commit them to prison, there to remain at the Keepers of the Liberty of England by Authority of Parliament pleas ure by the same statute. And Also Sheriffs and Gaolers must receive thiefs indicted or taken with the manner, without taking any thing for their receipt, by the statute of 4. E. 3 cap. 16.  
Sheriffs must return sufficient and reasonable issues upon such persons as have Lands and goods sufficient: according to the statute of We saint 2. ca 39 & 1. E. 3. ca 5.  
Sheriffs ex officio may arrest within their County suspected persons which walk by night or day, and which are of evil name and same, by the statute of 5. E. 5. ca 14.  
A Sheriff aught to have but one Bailife errand within his County, by the statute of 14. E. 3. cap. 8.  
Sheriffs aught to keep their Torns twice every year, viz. one within a month after Easter, and the other within a month after the Feast of S. Michael the Archangel, by the stat. of 31. E. 3. ca 14.  
Sheriffs must levy their issues and amerciaments by their extracts under the ss eale of the Exchequer, otherwise they shall tender to the party damnified, triple damages, and also make fine to the Keepers of the Liberty of England by Authority of Parliament for their offence, which is determinable before the Justices at their Sessions, by the stat. of 43. E. 3 ca 9  
Sheriffs aught to return their panels for the sessions 4 days before the sessions, at lest upon the pain of 20 lively and the Bailifeses of liberties aught to make return of their warrants six days before the Sessions at the lest, upon the like pain, by the statute of 41. E. 3. cap. 11.  
Sheriffs aught four times in the year to proclaim the Statute of Winchester in every hundred of his Bayliwick, for it is parcel of their oath, yet they never do it.  
Sheriffs aught to take the swords, dagger's, and weapons from s ervants labourers, and from servants of Artificers, and Victuallers, if they found them bearing of any, except it be in time of war, or when they travel abroad into the Country with their Majesty's sters, or go in their messages, and they may keep such weapons until the next see s zions, and there present them with the names of those that bore them, by the stat. of 12 R. 2. ca 9  
Sheriffs may ex officio apprehended labourers, servants begging and wand'ring abroad, and commit them to prison without bail or mainprize, but they can take no ss ees of such persons, neither upon receipt or delivery of them, upon pain of a C. s. to the Keepers of the liberty of England by Authority of Parliament, by the sta●. of 12. R. 2. ca 9  
Sheriffs and other of the Keepers of the Liberty of England by Authority of Parliament Officers, when they have notice of unlawful Assemblies and Riots, aught to rai se the Country, and with all their power to apprehended such malefactors, and commit them to prison, there to remain until due execution of the Law be done upon them, and all Lords of Signories, and all other people aught to be attendant to the Sheriff and other officers, with all their power and force herein, by the stat. of 17. R. 2. ca 8.  
A Sheriff aught to devil within the County in his person during the time of his Sherifewick, and he aught not to let his office to farm, both by his oath and by the statute of 1. H. 4. ca 5.  
A Sheriff aught to foresee and provide, That neither his Unders herife, nor any of his Clerks, Bailiffs, or Receivers, be an Attorney in any of the Keepers of the Liberty of England by Authority of Parliament Courts, during the time of his Sherivalty, both by his oath, and also by the stat. of 1. H. 5. ca 4.  
Every Sheriff aught to proclaim the statute of Purveyors four times in his year, upon pain of a hundred shillings for every time failing therein, and he aught als o to deliver that to his successor to proclaim upon the like pain, by the stat. of 1. H. 6. ca 2. but this is never done.  
Sheriffs aught to make due election of Knights for the Parliament by the Freeholders of the County, and in open County Court, and between 8. and 11. of the clock in the forenoon of the same day, by the stat. of 6. H. 6. c. 6. upon pain of a C. lively and a years imprisonment without bail or mainprize.  
Sheriffs aught to return upon every precept directed unto them from Justices of P. to inquire of forcible entries, upon every Jury twenty shillings issues a the first day, and Justices of Peace have power and authority to hear and determine those defaults by Bill or Indictment, and Sheriffs shall forfeit for every default twenty pounds, whereof he that will sue shall have the moiety by the stat. of 8. H. 6 cap. 9  
And Sheriffs aught to return in writs of Attaints, in plea of Land of the yearly value of forty shillings, or in actions for deeds concerning lands to such value, and in actions of forty pounds or more, such persons inhabiting within his Baylywick, which can di spend 20. lively per annum, besides all charges, for term of life at the lest, and out of ancient demesne, Gavelkind, and Cinque ports, and upon the first distress 40 s. and upon the ss econd C. s. and after double issues upon the Jurors, upon pain of 10. lively to the Keepers of the Liberty of England by Authority of Parliament, and 10. lively to the party grieved, and if there be not sufficient persons inhabiting within the County, which can expend 20. lively per annum, than they shall impanell other persons of the most sufficient in possession of yearly value of lands, under the value of 20. lively per annum, upon pain of 10. lively to the Keepers of the Liberty of England by Authority of Parliament, and 10. lively to the plaintiff, by the statute of 15. H. 6. cap. 5.  
A Sheriff may not occupy his office above a year, and if he do he s hall forfeit two hundred pound, and be disabled ever to be Sheriff of any County after, by the stat. of 23 H. 6. cap. 8.  
No Sheriff aught to let to farm his County, nor any of his bailiwicks, Hundreds, or Wapentakes, for it is both against his oath, and contrary to the statute of 23 H. 6. cap. 10.  
No Sheriff, Bailiff of Liberty, nor any other Officer shall return in any panel or Jury any of his Bailifeses, Officers, or servants to any of his Officers, by the Statute of 23 H. 6.  

Forfeiture x. lively  No Sheriff, nor any to his use, shall take any thing of any person to be arrested or attached, nor for sparing of any arrest or attachment, for fine, fee, suit of prison, mainprize, letting to bai●e, or for showing any ease or favour to any such person so arrested, but only for the Sheriff twenty pence, the Bailiff which maketh the arrest four pence, and the Gaoler (if the prisoner be committed to prison) four pence, by the ss tatute of 23. H. 6. cap. 10.  
And a Sheriff aught to take but four pence for the copy of a panel, and two shillings for return of a panel, by the Statute of 27 El. cap. 12.  
Sheriffs aught to let to bail all persons being in their keeping, by force of any Letter, Bill, or Warrant, in any personal action, or upon Indictment of Trespass upon reasonable s urety, having s ufficient in the County to appear at the day and place, as those letters, bills, or warrants require, except such persons as are in their guard or custody upon a capias ad satisfaciend. utlagary or excommunication, or for s urety of the peace, or by commandment of any Justices, and vagrants which refuse to ss erve▪ vide Dyerfol. 324. He is of opinion that the Mar s hall of the upper Bench is within the compass of the stat. of 23 H. 6. cap. 10: But the Warden of the Fleet, and the Keeper of the prison at Wes tm. are not within the compass of that statute, for they are excepted.  
Note, that a sheriff aught to take Bond for the appearance of his pri sooner, with two sureties, having sufficient within the same County, otherwise the obligation is held to be void, and it must be made to the sheriff by the name of the ss herife, and not to the unders herife, and there must be nothing inserted into the condition of that bond, but that the defendants shall appear in the court from whence the writ issued at the day of the return thereof to ans wer too the plaintiff in his action. Plo. Comment. fol. 68  
If more be in's erted into the Obligation, than is for the appearance of the party bound, the bond is void, per Montague chief Justice Comment. 68 s. in Manninghams' case there.  
A Bond entered into by a prisoner, to any person save only to the Sheriff for the enlarging of a prisoner, is not not good, but merely void in law, by the ss tatute of 23. H. 6. cap. 10. And so it is where a Bond is given to the sheriff by a stranger for the enlargement of a prisoner that is not bailable, per 37. H. 6. & Dyer, 2. & 3. P. & M. fol. 119.  
A sheriff having an Attachment retor●. coram dicto Rege & consilio suo in camera stellat. apud Westm. in quindecim Paschae ad respond. dicto Domino Regi & consilio suo de quodam contemptu & ad fac & resp. ulterius, etc. Return. before the said King and his Counsel in the Star Chamber in 15. of Pasche, to answer the said Lord the King and his Counsel a contempt, and to do and answer further, etc. doth arrest the party and takes bond for his appearance endorsed with such condition, that if the party arrested shall personally appear before the King's Majesty, and his counsel at Westminster in Quindecim Paschae, and than and there shall answer to a contempt by him committed, that than, etc. It was a question whether this Bond and Condition was good in Law or not, because these words than and there were added unto the condition, which was more than the stature of 23. H. 6. would warrant; and it was demurred on in Law, but by the opinions of Dyer and Windham, it was thought to be a good Bond and Condition, notwithstanding those words were added, yet Mead was of a contrary opinion. But Termino Mich. Anno 2 & 3 El. judgement was given for the Plaintiff, Dyer 364.  
Sheriffs aught to take no obligation for any thing whatsoever it be, or by colour of their office, but only to themselves, nor of any person being in their cousin tody but by the name of the office, naming him sheriff in the obligation, this upon condition that the party shall appear at the day and place in the writ or warrant specified, and if any obligation be taken by colour of their office in any other form it is void, 23. H. 6. c. 10.  
And sheriffs aught to take not more but 4. d. for making of any obligation, warrant, or precept, by the same Law.  
And sheriffs aught to make proclamation when they have received letters for the levying of expense of the knights of the Parliament, at the next County-court after the receipt of the se Letters: and the Coroners aught to be there to sesse the wages, upon pain of 40. ss. and they aught to assess every Hundred at a certain sum by it s elf, and after every village within the Hundred with a certain sum: and if they do it otherwi se, they shall forfeit for every default twenty pound, and he that will sue shall have the moiety thereof with triple damages. 23. H. 6. c. 11.  
And every sheriff after the receipt of the Kings writ for summoning of the Parliament for the election of Knights for the Parliament, aught forthwith to make out his warrants under the seal of his office, to every Mayor and Bailifeses of Cities and Boroughs within the County, commanding them thereby to choose Citizens and Burgesses to come to the Parliament: and those Majors and Bailifeses must make a lawful return of that precept to the sheriff by Indenture made between them and the sheriff, of their election, and of their names which are elected: And the sheriff must set his hand and seal of Office to the one part of the Indentures, and than deliver it to the Mayor or Burgesses, or Citizens to be kept, and to the other part the Major, and Citizens, or Burgesses must set their hands and seals, and deliver it as their deeds, to the sheriff to be certified and returned by him with the writ of s ummons to the clerk of the Crown, who will have 4. ss. for his fees for every Indenture, as I do take it.  

The form of an Indenture for the Knights of the Parliament.  
THis Indenture made in the full County of South held at the Ca stle of Winch. Monday the last day of May, the year, etc. betwixt F.P. Knight, Sheriff of the County afores aid of one part, and C.H. Knight, H.D. Esq. and D. B Esq. etc. and many other persons of the County aforesaid, and Electors of two Knights, to the Parliament, in the Writ to this Indenture annexed specified, of the other part: who as the greater part of the whole County aforesaid, than there being, sworn and exomined, according to the force form and effect of divers Statutes thereupon put forth and provided, chose H. W. and E.M. Knights within the County afore said Commorant, girt with swords, Knights able and most fit and discreet, giving and granting to the two aforesaid Knights full and sufficient power for thames elves and the whole County aforesaid, to do and consent to those things which at the Parliament in the said Writ contained by the Common Counsel, etc. shall hap to be ordained, in busine sses in the said Writ specified. In testimony of which, the one part of the Indenture remaining with the Keepers of the Libertyes of England by authority of Parliament, the parties abovesayde have put their seals, to the other part of the same Indenture, the afore said Sheriff has put his seal Dated the day, year and place abovesaid, etc.   

The form of the Indenture for the Citizens and Burges ses.  
THis Indenture made, etc. reciting the day, year, etc. Witnesseth that by virtue of a Warrant to me directed from Sir F.P. Knight, Sheriff of the county of Southampton. for the electing and choosing of two Burgesses, men of good understanding, wit, knowledge, and discretion, for causes oncerning the Weal public of this Nation, to be at the high Court of Parliament to be holden at the City of Westminster, the 27 day of October next coming, I I.F. Major of the Burrow of C. in the County of S. with the whole assent and consent of the rest of the Burgesses there; have made choice and election of H. M. of the Middle Temple Esquire, and W.S. of L. Esquire, to be Burgesses of our said Burrow of C. to attend at the ss aid Parliament, according to the tenor of the said Warrant to me directed in that behalf. In witness whereof I have to these presents set our common seal of our said Burrow, the day and year first above written.   
A Sheriff aught not to execute the office of a Justice of Peace during the time that he is Sheriff, 1. M. cap. 4.  
Where any man by diss imulation, flattery, or by any cunning, slight, means, or practice do make themselves to be beloved of any sole woman, as maid, or widow, which maid or widow have great possessions, or great store of goods or money, and to deceive them of it, and to gain it for themselves, do by fraud gain the po ssession of such woman, and do convey and keep them in such places where they will not suffer them to go from them at liberty to dispose of their own as they list, unless such maid or widow will enter into Bond or Statute to pay some great sum of money; or el se bind them from marriage with any but such as they will nominate and appoint, for remedy hereof it is ordained, that the party so bound shall have a Writ in the Chancery, containing all the matter of such unreasonable dealing, called a special Supplicavit directed to the Sheriff of that County where such wrong is offered, commanding him thereby to make proclamation at his next County Court after receipt thereof, that the defendant appear at a certain day and place prefixed in the said Writ before the Lords Commiss ioners of the great Seal, or before the Judges of Assize of that County, or before some other person assigned by the said Lords Commissioners, and the sheriff is bound to execute such Writs according to the tenor of them, upon pain of 300. l. the one moiety thereof to the Keepers of the Liberties of England by authority of Parliament, and the other half to him that will s we by action of Debt, where no wager of ja 〈◊〉, protection or foreign plea shall be allowed, by the Statute of 31 H. 6. cap 9  
Upon information made to a Justice of P. or other Justices against any person for retaining or giving livery to any, or against any which is retained, the Jus tices aught to make process upon this information as upon a recovery in debt or trespass e, and the Sheriff aught to return no lesser issues in any suit brought hereupon against any pers on that is sufficient, than 20. ss. at the first day upon the distresse, and at the second day 30. ss. and at the third day 40. ss. and so at every day after, more by ten ss hillings in issues, upon pain for every return 20. ss. ann. 8. Ed. 4 cap. 2.  
The ancient Sheriffs may return Writs, and execute their office during the Terms of Saint Michael and Hilarieafter the year their office is ended, if they be not before that time lawfully discharged of their office, 17. Ed. 4. cap. 7.  
No Sheriff or any other Officer aught to release or take from any pers on arrested or imprisoned for Felony, his goods, until the same person arrested or imprisoned be duly convicted and attainted of the same Felony by due course of Law, viz. either by trial, confe ssion or outlawry, upon pain to forfeit the double value of the goods so taken, to the party grieved, to be recovered by action of debt, wherein no wager of Law, essoine, or protection lieth, an. 1. R. 3. cap. 3.  
Sheriffs which have the custody of the Gaol, aught to certify the names of their pris oners which are in their custody for Felony, to the Justices of the next general Gaol delivery in a Calendar, upon pain of a hundred shillings for every default, an. 3. H. 7. c. 3.  
Also a sheriff nor no other person in his name, or by his commandment, shall enter any plaints into their Books in any man's name, unless the plaintiff be there in his proper person, or else by his sufficient Attorney or Deputy, that is well known to be of good name and behaviour, and the Plaintiff aught to find pledges, such persons as are known in the Court to pursue his plaint. And a Plaintiff shall have but one plaint for one Trespass, or one contract, and if the Sheriff, or any of his Officers cause to be entered any more plaints than the Plaintiff hath cause of Action for, than the sheriff or his clerk that doth contrary to this act, shall forfeit for every default 40. ss. the moiety to him that will sue and prove the same matter by action of debt or information.  
Also the sheriff shall make sufficient Precepts after such plaints entered, but not before, against the defendants, directed to the bailiff of the Hundred, to attach or warn the defendant to appear at the next County Court, and answer to the said plaints, and if there be any default in the said Bailiffs in the execution of their offices according to the tenor of their precept, than they are to forfeit forty shillings, and to be convicted thereof by examination of the Justices of P. or by any of them.  
Also the same sheriff, nor his deputies shall make any extracts to levy the shire amerciaments, until that two Just. of P. whereof one to be of the Quorum, have the sight of their books, and the extracts to be indented between the Just. of Peace, and the sheriff and undersherife, sealed with their seals, the one part thereof to remain with the said Justices, and the other part with the sheriff, for his warrant to levy the amerciament by.  
And that those persons that shall be gatherers of the said amerciaments, shall be sworn by the said Justices, That they take no more money than is forfeit, and certified in their extracts, sealed with the ss eales of the Justices to the same, upon the same pain of forfeiture as is above rehear said, to be convict by examination of the s ame Justices, or one of them. And the same Justices of Peace shall be appointed at the sessions holden at Mich. by him that is Gustos Rotulorum, or in his absence by the eldest of the Quorum, to have the controlment of the said Sheriffs, Undersherifes, Shire-Clerks, and others of their said Officers, and the ss aid sheriffs amerciaments, and the said Justices of Peace upon suggestion shall make process against the Sheriff, Unders herife, Shire-clerk or other officers, to appear before them to answer such suggestion or information, as is used in action of Trespass, by the Statute of 21. H. 7. cap. 15.  
Also every Sheriff upon a precept to him directed from the Justices of Peace to return them a Jury to inquire of any Riot, or unlawful Assembly committed, shall return four and twenty persons dwelling in the Shire, every one of them having 20. ss. per annum of Freehold, or 26. ss. 8. d. per annum, copyhold, or of both, besides all charges, and to return in issues upon every person which maketh default, twenty shillings at the first day, and at the second day forty shillings, and if default be in the Sheriff for returning of persons in's ufficient, or for not returning of Issues in form aforesaid, than he doth forfeit twenty pounds, anno 19 Hen. 7. cap. 13.  
Also if any Riot, or unlawful Assembly be in any part of the Nation, the Justices of Peace, or two of them at the lest, and the Sheriff, or Unders herife may come with the power of the County, if need be, and arrest and restrain such misdoers; and these Justices and the Sheriff have power to record that which they find done in their presence against the Law. And such misdoers shall be convict by that Record: And if they be gone before the coming of the Justices and the Sheriff, or undersherife, than the same Justices, or two of them, aught diligently to inquire thereof within one month after such Riot or Assembly made, and if the truth cannot be found out within one month than next ensuing, than those e Justices, or two of them, and the Sheriff or Undersherife, shall certify the Keepers of the Liberties of England by authority of Parliament thereof, and of all the circumstances thereof, which Certificate shall be as an Indictment of twelve men, whereunto they shall be compelled to answer, anno 13 H. 4. cap. ultimo.  
And if the said Riot or unlawful Assembly be not found by reas on of any Imbracery or maintenances of the saved Jury, than the said Justices of Peace, and the Sheriff, and Undersherife, over and beside such Certificate that they must make, according to the Statute of an. 13. H. 4. shall in the same Certificate certify the names of the same Maintainers and Imbracers in that behalf, if any be, with their misdemeanours that they know, upon pain of every the said Justices, and Sheriff, and Undersheriff twenty pound, if they have no reasonable excuse for non certifying of the same: which certificate so made shall be one Indictment in the Law, and every person duly proved to be a Maintainer or Imbracer shall forfeit twenty pound, and be committed to Ward there, to remain by the discretion of the Justices, Anno decimo nono Hen. sept. cap. 3.  
Also that no Sheriff upon Writs and Precepts directed unto him to return before Es cheators or Commissioners shall return any person to inquire of any lands or tenements, except he have lands or tenements of the yearly value of forty shillings, above all charges in the same shire, upon pain of forfeiture for every person so returned, an hundred shillings, anno 3. H. 8. cap. 2.  
Also all panels put in by the Sheriff before any Justices of Gaol delivery, or before Justices of Peace, whereof one to be of the Quorum in their open Sessions, to inquire for the Keepers of the Liberties of England by authority of Parliament, may be reform by putting to, and taking from, of the names so impanelled by discretion of the s ame Justices, and that the same Justice or Justices shall command every Sheriff and their Ministers in their absence to put other persons in the same panels by their discretion, and the same panel so returned by the Justice to be good, and if any Sheriff do not return the same panels so reform, than every sheriff so offending shall forfeit twenty pound, half to him that will sue by action of Debt, bill, or complaint, where such shall hap to be, and no wager of Law, Essoine, or Protection to be allowed, tertio Henr. octavi cap. duodecimo.  
Also upon every Exigent where Writs of Proclamation are to be awarded, the same Writ of Proclamation is to have the same day of return that the Exigent hath, and to be delivered of Record by the Exigenter of every shire. And the sheriff is to make a Proclamation three ss everall days in his county, whereof one proclamation is to be made at the general Romaynes in those parts where the party is supposed to be dwelling, there to yield his body to the sheriff of the foreign shire, that that sheriff may have the body at the day of the return of the Exigent to answer to the plaintiff. And that the sheriff of the County that hath such writ of proclamation duly execute, and return the same, at the day, upon pain to forfeit such amerciament as by the Justices before whom the said Writs shall be returnable shall be assessed. Ann. 6. H. 8. c. 4.  
Also Sheriffs which have the custody of goals shall make seals to be graven with the name of the Castle that they keep for to give and seal letters to prisoners acquitted to beg for their sees within the hundred where they be delivered by the space of six week's next after their delivery, and than to go to the Hundred where they last dwelled by the space of three years, or where they were borne: the Sheriff shall not suffer such prisoners to beg for their fees, nor to departed out of prison to do service and labour, until he deliver to them such letters, and the Clerk of the Peace is to make such letters within one day after the Sessions, when such prisoner is acquitted, upon pain of 12. d. to the keepers of the liliberties of England by authority of Parliament by the statute of 22. H. 8. cap. 21. & 5. El. ca 4.  
Sheriffs aught to keep their County court every month if it hath been accu stomed to be so kept. Magna chart. c. 33.  
The Keepers of the liberties of England by authority of Parliament command that Sheriffs and their Officers which receive the debts, shall acquit the debtors upon their account when they have received the debts, and than it shall be allowed upon their accounts in the Exchequer: and if the Sheriff do otherwise, and be thereof convicted, he s hall than pay three times so much as he hath received to the party grieved, and all so be fined at the Keepers of the liberties of England by authority of Parliament pleasure, Westm. 1. ca 20.  
Sheriffs and other which have levied the Keepers of the liberties of England by authority of Parliament debts, and given acquittances to the debtors, and yet do not acquit them, it is accorded and set down for a Law, that when the Sheriff is impleaded for it in the Exchequer, if he come not in upon the first distress, than shall go out another with proclamation, which must be made in full county, that the defendant do come in at a day certain, and acquit the debtor of the money which he did receive, and if he come not in than, he shall be convicted by default, and the debt levied upon him as a debt recovered against him in the Court of exchequer and the plaintiff shall have therein damages according to the discretion of the Barons, by the stat. of 14. E. 3. c. 1.  
And it is the Keepers of the liberties of England by authority of Parliament commandment, that all Sheriffs and Bailiffs which have received their debts of the summons of the exchequer, if they acquit not the debts upon their account, that than they shall be punis head according to the statute de Dis trictionibus Scaccarij ca 5.  
And it is ordained that execution of writs which are brought to Sheriffs, should be done by the Bailifeses of hundreds sworn and known, and in full county, and not by others, unless those Bailiffs will not, or cannot execute them, than they are to be done by other convenient pers on or persons sworn by the stat. of Lincoln cap. ultimo.  
No Sheriff shall suffer a Barretor to maintain any actions or quarrels in their County Courts, nor stewards of great men or others, which is not Attorney to his Lord or Master; nor they shall not pronounce judgements there, unless they be thereunto required by all the ss utors, Westm. 1. ca 23  
It shall be lawful for every Sheriff, Justice of Peace, and Eschea or to seize to the Keepers of the liberties of England by authority of Parliament use all such goods and chattels as Egyptians have, within their charge, and thereof to give an account to the keepers of the liberty of England by authority of Parliament in the exchequer for the moiety thereof, and to detain and keep the other moiety to his own use, and to pay no fees for the account, nor for the charge the reof.  
In these statutes it appeareth what things Sheriffs aught to do by reason of their office, and that they aught to take nothing for doing of their office, but that only which is appointed for them to take by the same statutes, if they do otherwise, it is extortion in them, and it aught to be inquired of by the Ju. of P. and by them punished accordingly.  
And it is ordained by the stat. 1. H. 4. c. 5. that if any s herife do any extortion to the people, and thereof be duelyattainted, that he shall be puni shed for the same extortion at the Keepers of the liberties of England by authority of Parliament william.  
A Sheriff may and aught at his turns to inquire of common Nuisances done to all the people of this common wealth, but not of Assaults made to a sole pers on Per Martin Anno quarto Hen. sexti, octavo Edw. quarto, quinto. Dyer 234.  
A Sheriff aught to keep his turns within a month after Easter, and within a month after Michaelmas, and if he keep it at any other time after the month, it is voided by the Statute of 13. Ed. 3. cap. 19, and all indictments and pres entments taken there after the months are expired, are voided by the statute of 38. H. 6.  
A Sheriff may inquire of blood sheds in his turn, for if any thing be omitted in a leete, it may be enquired of at the Sheriffs turn, for all leets were derived and taken out of the Sheriffs turn, Pasch. 8. Ed. 4.26.43. Ed. 3. &. 20. E. 3.3.  
And all the Justices were of opinion, that a Sheriff hath authority to inquire of all things in his turns, that ●s either trespass or felony at the common Law, except of the death of man, but he cannot inquire of trespass or felony by statute in his turn, 28. E. 3.95 21. E. 4.  
If a Sheriff inquire of Nuisance in his Turn, and it is there found, which should have been inquired of in a Leete: now the Sheriff cannot distrain for his amercia meant, for if he do, he is a trespassor. But if default be ●n the Lord of the Leet, for that he did not inquire there-thereof, it seemeth than that the Sheriff by the Lord's default may inquire thereof in his turn, 28. E. 3.95.2.9 E. 3.27. 10. H. 21. E. 3.3.  
If a man have a Fair or a Market by grant or by pres cription, and doth not keep his fair or market as he aught to do, the Sheriff may inquire of this in his Turn.  
Upon a presentment of a Nuisance in the sheriffs turn, the offendor shall be amerced, there the sheriff may distrain for that amerciament. And if a Purpre stir be presented there, the sheriff may abate it and return it Pasc 25. E. 3.  
It appeareth by Master Britton, that all the Freeholders and Terre Tenants inhabiting within the Hundred, aught to come to the sheriffs Turn, none excepted, but Knights and Clergy men, their wives and children. And there, twelve at lest of the s ufficientest Freeholders within the Hundred aught to be impanelled and sworn to inquire and present all things there inquirable, and presentable, and all the rest which appear there, aught to be sworn by the dozeners and villages to present to the said Jury all such things as shall be given them in charge, and it seemeth that the sheriff aught to keep his turn in every hundred within his County, and there punish all things which have been omitted at the Leets or law days there.  
Also by the same Law it seemeth, that they aught to Inquire there of petty Treasons, Homicides, Rapes, robberies, Burglaries, and of all manner of felonies by the Common Law, and of all other things inquirable at a Leete, according to the statute of 18. Ed. 2. de Vic. Franc. Pleg.  
And when the dozeners and villages have delivered their presentments to the said Jury, and the Jury, when they are agreed of their Presentments, than they must give up to the Steward or Court-keeper such presentments, as they will stand to, and avow, and if there be any of Felony, they must deliver up these by themselves to the steward privily, and the rest openly.  
But this Court is now almost out of use, since sheriffs have used to cell both their sherifwickes, and bailiwickes to men of mean estate that will not regard the good of the Common wealth, but altogether their own private gain and profit, whereby the Keepers of the Liberties of England by authority of Parliament are many times much wronged, and deceived, between the under'rs herife, and the Bailifeses, of all their waifes, strays, and selons goods, which are taken up by the Bailiffs, and never accounted for, which may touch the Sheriff in his credit and reputation, for when he entereth into his account for the payment of the Keepers of the Liberties of England by authority of Parliament debts, he is than sworn to answer and accounted for all waifes, strays and felons ●●ods, debts, perquisites, and profits which he seldom or never knows of, because those ancient Courts are not kept as they aught to be, and therefore how he may dispense with his oath herein is the question.  
There is a Writ in the Register, fol. 174. whereby a Sheriff may remove all his Bailifeses of Hundreds, Wapentakes, tithings, and Liberties, which have not Lands or Tenements sufficient within the County. And sheriffs bailiffs one year, aught not to be in that office in three years after, by the statute of 1 H. 5. cap. 4. becau se by their continual being in that office, they grow so cunning that they are able to deceive both the Keepers of the liberties of England by the authority of Parliament, the ss herife, and the country.  
And sheriffs bailiffs aught to be sworn to the Keepers of the liberties of England, by authority of Parliament, to exercise their office duly and truly by the statute of 27 Eliz. capitul. 12.   

The nature of Executions, and of how many s orts they are.  
THey are of six sorts or degrees, viz. upon a Statute Merchant, a statute Staple, a Recognisance, an Elegit, a Capias ad s atisfaciend, and a fieri fac, and a sheriff cannot lawfully break any man's house to do execution upon any of these justifiable, except the Keepers of the liberties of England by the authority of Parliament be a party, for every man's house is his safest refuge, as hereafter shall appear. If a man be bound in a statute Merchant, execution shall be done thereof thus. First a Writ of Certiorare must be sued forth of the Chancery, directed to the place where the Statute was acknowledged, to certify the acknowledgement of the statute into the petty bag office in the Chancery, and upon that certificate shall go out a Capias against the body only, si laicus sit, returnable in the Court of Common pleas, or in the upper Bench: And upon the return of that, with the sheriff of that shire to whom it was directed, that he is a Lay man and is not found in his shire, than within a quarter of a year after shall go out an Exigent against all the cognisors lands and goods, and against his body, and for your better satisfaction herein, see the Statute de Mercat●ribus 37. Hen. 6. fol. 6. and Fitzherbert 130. G.  
A statute staple must be certified in the like manner as statute Merchant, and upon that shall go forth a writ of exe cution, both against body, land, and goods, returnable in the Chancery in the Petty bag office there, and not in the Court of Common pleas, or upper Bench, as the Writ of execution upon a statute Merchant shall: and upon the return of this Writ such lands and goods as are taken in execution shall be delivered to the cognisee by the sheriff by another Writ called a Liberate, and not before. And note that all the Fee simple lands, which the cognis or had at the time of the acknowledging of the said Statute, or at any time after, are liable to both the said statutes, but not entailed Land, but during the cognisors life, nor no copyhold land, nor no goods, nor leases for life, or years, but such as the cognisor hath in his own use and possession at the time of the execution done, Fitz. 131. D.  
Note, that if a statute staple be returned and filled, the cogni see can have no Liberate into any other county. 2 R. 3. fol. 7.  
Upon a Recognisance there shall not go out a Capias, but Scire fac. returnable in the Chancery, and upon the return thereof they do use to a ward a Capias, a Fierifacias, or an Elegit, at the choice and election of the cognisee. 48. E. 3. fol. 14.  
By an Elegit the sheriff may take in execution one half of the land of the cognisor, and all his goods, besides oxen and beasts of the plough, A Capias ad satisfaciendum is only against the body, which the Sheriff must be s ure to keep safe, or else he may perhaps pay the debt, if his prisoner do escape either with his leave or consent, after that he is once in execution, for than the Sheriff hath small remedy or none at all, but if he do escape against the Sheriffs will, and without his consent, than the sheris e may take him again if he can find him by 〈…〉 Writ before the return thereof, or by ano ●●●● after, though it be in another shire, so that he be foll● 〈…〉 fresh suit, and taken again before the action bro●●●● by the plaintiff against the Sheriff, for the escape, howsoever the Sheriff in this case may have his remedy against his prisoner by his action upon the case, if he be able to make him satisfaction, otherwise he may keep his body, and his prisoner in this case shall not be delivered by supersed upon audita querela, because he cannot take any benefit of his own wrong. But otherwise it is when a prisoner escapes with the consent of the Sheriff or gaoler, for than he shall have and maintain if he will in Audita querela against a Sheriff, or a gaoler, 〈◊〉 appeareth in my Lord Cooks 3. Book of Reports fol. 43. & 44. in Boytons' case there.  
And in my Lord Cooks said third book of Reports, it is re solved for Law, That if a Sheriff die in the time of his Office, having divers persons in his cusiody, and after a new Sheriff is chosen in his place, in this case it behoves the new Sheriff to take notice at his peril of all the executions which are against any person which he finds in the Goal, and that is a matter of necessity, for in that case there is no man in rerum natura to deliver the prisoners unto him.  
Als o in the same case it is resolved, that if a Sheriff die in the time of his office, and before another be appointed to that place and office, a prisoner which was in the pris on in execution, breaks the prison, and so is at large, this is no e scape, and the reason is there alleged, because when the sheriff died, all his pris oners were in the custody of the Law, until a new sheriff was chosen, and set in his place. And therefore although that the pris oners be in the interim out of the walls of the prison, yet the Law hath the custody of them, and preserves them in execution without any fresh suit made after them, wheresoever they be, and they may be fetched again in execution at any time after, if they can be found, and no escape in this case can prejudice the plaintiff.  
Note also that if a prisoner die in execution before payment or s atisfaction made to the plaintise for his debt for which he is in execution upon a Capias ad satisfaciend. i● this case the pl. shall have an Elegit against the defendants lands and goods, if he had any lands, in fee simple, at or any time after the Judgement was had against him, or any goods at the time of his death. And it is Bloumfields case, in the fift book of sir Edward Gookes Reports, f. 87. and Fitz. nat. br. fo. 246.  
Also when a man is in the Sheriffs custody by the process of Law, and after another Writ is delivered to the sheriff against the body of him which is than in his custody, the sheriff in this case must be answerable for his prisoner, although he do not arres t him by the second Writ, by the judgement of the Law, for Lex non praecipit inutilia, And this in Frosts case in the fifth book of Reports, fol, 89, and with this agreeth 7. H. 4.30.  
If a Capias, viz. a mean process be executed and not returned, the arrest is tortuous and a wrong, for the arrest is made to that end that the def. should appear to answer to the plaint his action, but in all Writs of execution except an Elegit, if the execution be duly done, althoughthe Writ be never returned or filled,, it is no great matter if the pl. have his demand; for than he hath no cause to proceed any further herein: but in case of an Elegit, because the extent is to be made by an Inquest, and not by the Sheriff alone, that aught to be returned, or else it is nothing worth, as it appeareth in Hoes casein the said 5. book of Reports, fol. 90. and by Fulwods' case in the 4, book, fol. 65.  
Also it is resolved in Seymans' case in the said 5 book of Reports fol. 91. that a man's house is to him his Castle, as well for his defence against in jury and violence, as for his rest and repose, and that a sheriff cannot justify the the breaking of any man's house to execute a Capias ad s atisfaciendum, or a Fieri fac, but if he do, it is at his peril, and he is therein a trespasser, if the Keepers of the liberties of England by authority of Parliament be not a party, for every man's house is his safest res uge: but if the Keepers of the liberties of England aforesaid be a party, than the Sheriff may justify the breaking of a house to do execution of his process, if he cannot otherwise execute his process, but first he aught to make request to open the door by the stat. of Westm. 1. c. 17. & 41. of the Assize placit. 17. if he break the do●res when he may enter otherwise, yet in the said Seymans case, it is resolved, That a sheriff upon an habere fac s eye inam or possessionem may break a house and deliver seison and possession thereof to the plaintiff, and the reas on therein is, because that after judgement, it is not the defendants house in right and judgement of Law.  
Also whether it be for felony or suspicion of felony, the Keepers of the liberties of England by authority of Parliament officer may break another man's house to apprehended a thief, and that for two reasons, viz. one for the good of the Commonwealth, and the other is for the service and duty which he owes to the weal public, for in every felony, the common- wealth hath an interest, and where the commonwealth hath any interest, the Writ is A non omit propter aliquam libertatem, and therefore the liberty or privilege of any man's house e will not hold against the Keepers of the liberties of England by authority of Parliament but where the common wealth, hath no interest, but only a common person. A Sheriff although he make request to open the doors, and denial is made, if he should than break them, and so enter and do execution: that men in the night as well as in the day, should have their houses broken upon any feigned matter, for although that a Sheriff be an Officer of great authority and trust, yet it appeareth by daily experience, that all or the most part of the Keepers of the liberties of England by authority of Parliament Writs, are executed, and served, by unders herifes and Bailifeses, which most commonly are persons of small value and account. And all the authorities which do prove that when the Process concern the aforesaid Keepers of the liberties of England, that the Sheriff may than break the house of any man to execute them, if otherwise he cannot execute them, implieth that at the suit of a common person, the house cannot be broken justifiably, and with this resolution agreeth the book in 6. Edw. 4 fol. 9 A fieri facias is only against the goods and chattels of a man, as movable goods, or Leases for years, and the sheriff had need to be very careful how, and after what manner he doth execute this Writ, jest he burn his fingers, for if the goods or Leases which he taketh in execution be not the defendants own goods, or Leases, although he may find them in the possession of the defendant, which is the best colour in Law to prove them, his, if he use them and take the profit and benefit of them as appeareth in Twines case in sir Ed. Cooks 3. book of Reports.  
Also s ometimes it doth fall out, that the goods and chattels which a Sheriff upon such a Writ taketh in execution, are not the defendants, and than the Sheriff is a trespasser to the Owner of the goods, as if the Lands be pawned to the defendant, they are none of his until the day of the redeeming of them be past, 34. H. 8. Pledges, 〈◊〉 28. & 4. Edw. 6. distr. 75. So if a man bona fide make a Lease of his Oxen for years, and after is condemned in a personal Action, these Oxen during the time shall not be taken in execution, 22. E. 4. fol. 10.  
In debt where three are bound jointly, and severally, and three Judgements are had against them, in this case if execution be done against one of them, the others shall have a Supersedeas: But in Trespass against three, execution against one of them sufficeth not, and the same Law is in a joint debt, 4. El. fol. 39  
If goods taken in execution upon trial are found to be none of the defendants, than the Sheriff shall pay damages to the owner of the goods, to the value of the goods so taken, and costs of suit, although he hath delivered them to the plaintiff in execution, if he have returned his Writs, that he hath taken so much goods of the defendants, and that he hath those moneys ready to tender &c to the plaintiff, than he is at a double mischief; for although the value of the goods be recovered against him by the owner of the goods, yet the plaintiff in the action may within the year after execution done, have a Scire facias upon the judgement and return, and thereby compel the Sheriff to bring the money into the Court, and after the year he may have an action of debt against the sheriff for it, if he be not otherwise ordered by the Court where the Judgement is depending. And therefore in this cas e the surest course for the Sheriff, is either to keep the goods until the parties be agreed, or else to take good security of the plaintiff to defend him and save him harmele sse, and to stay the returning of his Writs, until he may be well advised what to do therein, for if he take a bond of the plaintiff, it is questionable whether it be good or no in Law, and not with in the compass of the statute of 23. H. 6. to be taken colour. officii: s ed hoc quere.  
It is resolved in Mittens case in my Lord Cooks 4. book of Reports, fol. 33. & 34. that both the County C. and the goal are appertinent and belonging to the Sheriffs office, and aught not to be severed, not more than the Sheriffs turn from the office, and it was the opinions of Poph. and Anders. the 2. L. chief Justices, and with that agreeth the Judgements of the Parliament ann. 14. E 3. ca 10.  
Now next I will say something as concerning a sheriffs accounted, which will trouble him most of all, if he be never so skilful therein, it is so tedious and so chargeable, for if he get by his office, he will go nigh to be stripped clean out of his paying of Exchequer fees, and other extraordinary charges which he cannot avoid, as experience hath taught me, and there is no way to help it as I think, but by an act of Parliament, and therefore it is no marvel that the Undersherifes make shipwreck of their consciences, to catch what they can to save themselves, and that which they had before they entered into that office, for what between some of their high sheriffs covetousness in taking money for their office: and extremity shown to them and their sureties upon every light and small occa sion, and the extreme taking of ordinary and extraordinary fees of Exch. ●en, a poor undersherife is stripped out of all that ever he hath, or can make, if he do not hedge so, as he may be still in action every year, as a Fox is stripped out of his skin; and yet few or none will pity him, for in every Court where he is called in question, the name of the undersherife is so odious, and many times not without just cause, that oftentimes an honest man is condemned to be a knave; before he is heard speak for himself; nay, he is so odious (I mean a lewd extorting undersherife) that a Thief by a general Pardon, receives more favour than he can, for a thief is thereby pardoned of all felonies, for the which he might have the benefit of his Clergy, although he cannot read, but all misdemeanours committed by an undersherife, are commonly excepted out of the General pardon, which is somewhat hars h, that all shall be condemned for some, for there is never an Officer the Keepers of the liberties of Lngland by authoty of Parliament have, taketh more pains, and undergoes more perils, and doth the Keeper's aforesaid better service, than an honest, understanding and a careful undersherife doth, but commonly these do die beggars, by reason of the causes before alleged.   

The entrance into the Sheriffs Accounted.  
FIrst, in Hilary Term next after they are out of office, the high Sheriff and unders herifes of most Shires are sworn to yield and give a just and true account to the Keepers of the liberties of England by authority of Parliament and their officers in the public Excheq. which they shall be charged withal, by the green wax of the Exchequer, and of all wayses, streyes, and felons goods, which happened within the compasse of their office, and of all other profits whatsoever, due and belonging to the weal public, and chargeable by them to answer for, by reason of their office, or much to this effect. Now when this is done, the high Sheriff commonly takes no further care, because he thinks himself secure, by reason of his security which he hath of his undersherife, for thereupon he relies, and seldom or never remembers what oath he hath taken, and so commits all to his undersherife; than if his undersherife be a careful and an hones t man and have skill and regard to do his best endeavour to levy the Keepers of the liberties of England by authority of Parliament debts, and to pay them into the receipt duly and orderly, as they aught to be, than the high Sheriff may do well enough, and therein does charge both his oath and and his Oath and duty, but if otherwise, a lewd, or an ignorant undersherife, may both undo his high Sheriff, and himself, both in this world, and in the world to come, by totting and nichling, that is, in charging or does charging, unorderly, unhonestly, or or ignorantly, for if if be totted, that is charged, though it can never be levied: it will now hardly be avoided, but it must be paid, and if it be nichiled, if it be issues of Jurours, though they be never so bad, and cannot be levied, between the old Sheriff which returned them, and the new sheriff which nichised them, they must be paid, though it be seven yearer after, if there come no pardon in the mean time, by an old Statute made in the 27 year of Ed. 1. and to prevent this, it behoves all Sheriffs before they take upon them to return any Jurors, to get them a perfect book of all the sufficient Freeholders names in the shire, and especially of all which devil in the gildable, howsoever they do of those which devil in liberties, but of both is best, that the one may help the other, and to return sew or none that be mean Freeholders in the gildable, jest by the said Law they be enforced to pay their issues for them, which is a thing very hardly to be brought to pass, unless the Justices of P. in every quarter of the country, do cause the Constables and Ballifs to bring a true certificate thereof to the first quarter sessions that shall be holden in the shire, after the election of the new sheriff, to be delivered unto him there, and this will hardly be done, unless the Judges of Assize of every shire will be pleased to writ their letters to that end and purpose to the Jus tices of peace of every division.  
Now next the Undersherife must go to the foreign Apposer, and with him he must either tot, nichil, or set over into liberties all the debts and ss ums of money contained in the summons of the green Wax, and in the Extracts of the P. of the Co. where he was Undersheriff, wherein he must be very careful what he doth, jest he do that which he cannot undo again, and to prevent the danger thereof, his best way is to examine his book which he is to make of all the charge contained in his summons and schedules before and with the Bailiff of the shire to have their direction, which are good debts, and which are not, and which are in liberties, and which are not, if he himself do not know it before he come to his account, and than make his book accordingly, and than he s hall be the better able to perform the duty of an honest man, when he comes to his Apposals; but herein if the Sheriff know not well the Country, and the Keeper's of the Liberties of England by authority of Parliament debtors himself, he is many times abu said by the Bailiffs, who most dishonestly will misinform him, and for bribes and rewards which they receive of the Freeholders, will tell him that they are either long since dead, or nothing worth, when as they are living, and very sufficient, and they will also ss erve him so, with the Recognizances, and by that means dishonest Bailifeses do cause sheriffs to deceive the Keepers of the liberties of England aforesaid of many of their debts by their ignorance against their wills, in trusting of the reports and informations of their Bailiffs; and this cannot be helped though the Sheriffs will levy the Keepers of the liberties of England by authority of Parliament money themselves, which they cannot possibly do, by reason of their other business, or had trusty servants about them to do it truly and honestly, without grievance of the country, as i● aught to be.  

A Particular of the ordinary Charges of the Account of the Sheriff of the County of South-hampton, heretofore used to be paid, as followeth.  


Termin. sancti Hil. Cro. Purificationis, when he entereth into his Account.  INprimis, to his Attorney in Mr. Osbornes Office, for his warrant of Attorney, ij. s. vj. d.  
Item, to him for his fees, and I cannot tell for what else, xxx. s.  
Item, to his man for his fees, vj. s. viij. d.  
Item, to another in that office for entering of that warrant. xij. d.  
Item, to the puny Baron for ministering of the oath, ij. s.  
Item, to the Criers and Tipstaffs there, xx. s.  
Item, to the Marshal than and there, vj. s. viij. d.  
Item, to the foreign Apposer for his fee, iij. lively x. s.  
Item, to his men, x. s.  
Item, to the Clerk of the Extracts for his see, xx. s.  
Item, to his men, x. ss  
Item, to his Attorney in the pipe for his fees, v. li  
Item, to his man for his fee, xx. s.  
Item, to the deputy of the Pipe for his fees, twenty-three. s. iiij. d.  
Item, to the Controller of the Pipe for his fees, xxvij. s. seven. d.  
Item, to his man for his fee, x. s.  
Item, to Ma star Orms of the Pipe for his fees, xvij. s. viij. d.  
Item, to the Earon for the Apposell upon the s ummons of the pipe, x. s.  
Item, to him for his fee for the vicontels, x. s.  
Item, to his man for his fee for the same, v. s.  
Item, to his Attorney in the remembrancers office for ●i fee, iij. s. iiij. d.  
Item, to his man, iij. s. vj. d.  
Item, for a Writ of Assistance from your Attorney in M. Osbornes office, v. s. vj. d.  
Inprimis to the Master of the Pipe for his fee, xviij. lively v. s. 
Termino Paschae.   
Item, to the Ma. of the Wardrobe for his fee, v. lively xj. s. ix. d.  
Item, to him for a Tally to have thereby an allowance ●iven for it. xuj d.  
Item, for joining of that Tally in the Pipe, iij. s. iiij. d.  
Item, for Mast. Elsons fee for the forrest of Wesbeare in ●amps hire. iij. lively x. d.  
Item, for the Earl of Pembroke's fee for Burley wall in ●e new Forest in the ss aid County, ix. lively ij. s. vj. d.  
Item, to Sir Wil Kingsmill for his fee and reparations 〈◊〉 Freemantle Park in the said County, xxix. lively xvij. s. v. d. ob.   
All these five last payments are allowed upon the Sheriffs' account, out of the Keepers of the liberties of Engl●y authority of Parliament money, which otherwise should ●ee paid to them.  

Item, to the foreign Apposer for his see for allowance of Justice's wages to the Sheriff upon the Extracts of the Peace, xl. s.  
Item, to his men for their fee, xiij. s. iiij. d.   
And herein the Sheriff of the said County is wronged by the Clerk of the Peace of the said County, for the Clerk of the Peace there receives all the fines, and pays the wages, and if there be any surplusage he puts it up in his own purse, and the Sheriff pays it into the Exchequer, and never hath it, because the fines are all certified in the Extracts of the Peace, and many times the fines do exceed the wages of the Justices which are allowed to the Sheriff for the wages, for he is allowed but four shillings a day a piece for eight Justices, and therefore accounting the fees which he pays to the Officers in the Exchequer for his allowance, he is a great loser by it, and the Clerk of the peace goes away with the gains, therefore this would be remedied.  

Item, to the foreign Apposer for casting up of the debet upon the s cedules of the green wax, v. s.  
Item, to the Auditor assigned for the Shire, for declaring of the account, x. lively at the lest  
Item, to the Attorney of the Pipe for giving allowance of the Justice's wages, before allowed by the foreign Apposer in the sheriffs account, xiij. s. iiij. d.  
Item, to him for giving allowance of Elstons acquitrance, vj. s. viij. d.  
Item, to him for the foot of the Account, xxxiij. s. iiij. d.  
Item, to his man for his pains taken therein, x. s.  
Item, to the Baron for declaring of the account, vj. s. viij. d.  
Item, to his man for his fee, ij. s.  
Item, to his Attorney in the remembrancers office for examining of the account, v. ●.  
Item, to one of Ma. Osbornes office for receiving of the account, v. s.  
Item, for copies of the seizures which the ss herife make himself in his year, in M. Osbornes office commonly 〈◊〉 the lest, v. ●●.  
Item, for copies of the new seizures on the rememb●● side, according to the number of them, but commonly they come to about xx. s.  
Item, you must leave with your Attorney in M. Osborns office in part of payment for making your petition upon your account, for they will cost you iiij. s. a piece, and you may perhaps have C. x. lively  
Item, for another Writ of Assistants there, v. s. vj. d,  
Item, for entering the view of the account in M. Osbornes office, vj. s. iiij. d. 
Termino Trinitatis.   
Item, in the alienation office for viewing of the account and for a note of the charge there, iij. s. iiij. d.  
Item, if the sheriff take the benefit of a general pardon, than he must give to the Clerk of the Extracts to have schedules made of all, such issues as are pardoned, and they will cost him for every schedule (as I remember) xx. d. which may come to four or five pound, or thereabouts  
Item, to the Clerk of the Extracts man for his pains therein, xiij. s. iiij. d.  
Item, than to a Baron for allowing of them, xiij. s. iiij. d.  
Item, to the Baron's man, iiij. s.   
And this must all go out of the Sheriffs purse, without any allowance: and it is better than to oppress the country when they may be eased by the pardon. For if the Sheriff levy any, he must pay it into the receipt, or else he is forsworn.  
Than if you carried any prisoners by Writ or commandment from the Judges of Assize, you must t go to the chief Judge of Assize for his warrant, and get your allowance under his hands as good cheap as you can, for some of his men will have money of you for it, x. s. at the lest.  
And than when you have his hand for it, you must go to the Chancellor of the Exchequer for his hand to it, and his man will look to have for his pains therein taken, at the lest x. s.  
Also in the Alienation office it will cost you for making of the bond and acquittance, with the schedules of seizures against such as have sold land held of the Commi ssioners without licence of alienation, x. ls. vj. d.  

Item, for a Warrant for a day to finish the Account until Mich. term, which now will hardly be gotten without extraordinary favour, xl. s.  
Item, to the Attorney in the Pipe office, for setting of from the account six amerciaments, xx. s.  
Item, to his man for his pains therein to be taken, x. s.  
Item, paid for discharging the amerciaments in M. Osbotnesoffice, xx. s.  
Item, for a warrant to set of and does charge in Sir Henry Fanshawes office, xij. s. vj. d.  
Item, for another Writ of Assistance, v. s. vj. d.  
Item, to the Marshal for liberty if the Sheriff cannot go thorough with his account in Trinity Term, iiij. lively vj. s. viiij. d.  
Item, to his man, vj. s. viij. d.  
Item, to M●st. Osborne for ruling of your Petitions, xl. s.  
Item, more to his Attorney in the said office for making the petitions, v. lively  
Item, to his man for his pains taken therein, xl. s.  
Item, to the M●ster of the Pipe for his fee, xiij. s. iiij. d.  
Item, to the Controller of the Pipe for his fee, xxx. s.  
Item, to his man, xxij. s.  
Item, to your Att. of the pipe for his fee, v. lively  
Item, to his man, xxij. s. vj. d.  
Item, for the acquittances of two tallies in the receipt ij. s.  
Item, for striking of those tallies, iij. s. iiij. d.  
Item, for joining and allowing of another tally, for payment of a debt de remanent. compoti, v. s.  
Item, to two Auditors for casting up of a sheriffs accounted in the Court when he is to be cast out of the Court, x. s.  
Item, to the Baron than, xx. s.  
Item, to his men, seven. s.  
Item, to the Marshal than, vj. s. viij. d.  
Item, to the Tipstaffs and Criers than, x. s.  
Item, to the Clerk of the Pipe for Reeusants, xxx. s.  
Item, for allowing and joining of the tally for Recu sants debts 6 s.  
Item, to the Baron for respects for Recu sants debts 30 s.  
Item, to the Clerk of the Pipe for Recusants for allowing of that warrant 10. ss  
Item, to the Master of the Pipe for the same 3. s. 4. d.  
Item, to the bagg-bearer 12. d.  
Item, for the Qui●●us est to the Sheriff's Attorney of the Pipe 3. l. 6. s. 8. d.  
Item, to his man for his pains taken therein 20. s.  
Item, for the Quieius est for the Recusants 20. s.   
Cum multus alus quaenunc praes cribere longum est. Et sic quietus est.  
Summa totalis, etc.  
All these sums are paid, besides all his charges and fees which he lays out and disburseth in the year that he is Sheriff, which comes to a great deal more, as experience will teach him.    


A Return of Summons of Assizes.  

Return of Writs.  BY virtue of this precept to me directed, I made to come before the Jus tices under written, at a day and place within contained, all the Writs of A ssises and Juris, certified in the County of S. under written, before whatsoever Justices, as well by the divers Writs of the L. P. and M. lately King and Queen of England, as by the divers Writs of The Keepers of the Liberties of England by Authority of Pa liame●t, together with the Panes, Attachments, Reattachments, and all others helps of Assizes, the Juries, and those Certificates what way soever corcerning. I have also made to come before the foresaid Jus tices to the Gaol of the Keeper's aforesaid, of the Castle of Winch, ass igned for the delivery out of Pris on's there, at the day aforesaid, all Prisoners in the Gaol aforesaid, being together with their Attachments, Reattachments, and all other helps though see prisoners any way concerning, and of the visne of every Town and place, where the felony for which the prisoners stand indicted, appealed or arraigned was committed, as well within the liberties as without, twenty four good and legal men, by whom the truth of the matter may be known and inquired, such as are not of any affinity with the prisoners; together with four men, and the chief of the town and place of those, to do those things which than and there to them of the part of the Keepers of the Liberties of England by Authority of Parliament, now shall be enjoined. Publicly all so have I proclaimed through my shire, that all those who will purse we against those prisoners, that than and there they shall be as just it may be to prosecute. Also I have made known to all Co●oners, Ju s tices of peace, senescals of Lords and great men, Bailies of Liberties and Hundreds of the County aforesaid: That there they be with their rolls, records, indictments, and other their memorandums, to do those things which to their offices belong, as within is commanded me.  
The residue of the execution of this precept, appears in certainscedules to this precept annexed.  
R.O. Esq. Sher.   
And the warrants which the Sheriff must make by virtue of this Precept for the summoning of the Assi ses to the Bailiffs of Liberties, and Bailiffs of Hundreds, must contain in them the whole substance of this Precept, but whether it be in Latin or English, it is not material, so that it be in due form: And it is needful that the Sheriff keep for himself a particular note of the names of such persons as he nominateth in his warrant to be s ummoned to serve in the grand Jury, and not to leave it to the discretion of Bailiffs to put in and out whom they list in that service.  

The form of a Warrant.  
ss. RObert O. Esq. Sheriff of the County aforesaid to the Bailie of the Liberty of C, or the Bailie of the Hundred of A. greeting, By virtue of a certain precept directed to me, I require thee, that thou cause to come before L. T and L.H. Justices of Assize in the County aforesaid, to the Assizes at the Castle of Winch, the teuth day of August next to be held, several persons under written, to do those thing which than and of the part of the Keepers of the Liberties of England now, shall be to them enjoined. Publicly also proclamation make thou, thy whole Bailiwick through, that all those who will pursue against the prisoners in the Gaol of the Keepers of the Liberties of England, and of the County aforesaid, be there against them as just it shall be to prosecute; All so known make to all Coroners, Justices of Peace, seneschales of Lords and great men, that than there they be with their Rolls, Records, Indictments, and other memorandums, to do those things which to the●r several Offices belong▪ And that thou thyself be'st than there, to do all those things which to thy office belong, together with this precept under the peril incumbent: Given under the Seal of my office such a day and year, etc.  
R.O. Esq. Sher.   
Than here at the end of the Warrant under, the Sheriff must set down the names and dwelling places of such as he will have warned to serve in the grand Jury in particular, and keep a note of them, that he may be able to show to the Court, if need s hall require, who he had determined to have returned for that service if they had come, and if the fault f●ll out to be in the Bailiff, than he shall be punished, and the Sheriff excus ed.  

Return of Summons to the Sessions of peace.  
BY virtue of this Writ to me directed, I have caused to come before the Justices under written at the Case tle of Winch, etc. within specified, the day, year, and place within contained all Con stables, and Bailies of Hundreds within the County speci s ied. Also from every of the said Liberties and Hundreds, twenty four Jurors to do those e things which of the part of the Keepers of the Liberties of England to them than and there shall be injo●ned, And also I have made known to all Constables, Bailies of Hundreds of the County within written, that than there they be, having with them all the names of Artificers, Labourers, and servants in husbandry within the Hundred a foresaid, against the form of the Statute thereupon put forth and provided, And moreover sufficient proclamation within my Shire have I made, that all those, who as well for the Keepers of the Liberties of England, etc. as for themselves, against such like Artificers, Labourers, and servants any complaints against the form of the Statute and Ordinance aforesaid, will complain or prosecute, that than there they be, their Bills to prosecute, and justice there to undergo, if they see it expedient for them, as within to me is commanded.  
R.O. E sq. Sher.   
The Warrant must begin in the same form as the other, that to come you cause before the Justices of the public peace in the County aforesaid at, etc. all Constables, etc. according to the substance of the matter contained in the Writ, and to conclude it as the other is concluded.  
The return of this Writ is sometimes thus.  

THe execution of this Writ appears in certain Panels to this Writ joined or annexed.  
R.O. Esq. Sher.   

Return of the Writ Original in debt or trespass, if the defendant be infufficient.  
Pledge. of prosec. 

I. Do.  
R. Roose.    
The within named H.B. and C.D. and if there be more defendants than two, than you must name but one, and the rest of the defendants within named, nothing have within my Shire, by which they may be summoned, if it be debt, but if it be in trespa ss, than it must be by which they may be attached, or he may be, if it be but against one defendant,  
R.O. Esq. Sher.   

Return of Capias al. and plur.  
THe within named A.B. is not found in my Shire (And i● there be three than let it be) And the rest of the defendants within named are not found in my Shire.  
R.O. E sq. Sher.   

Return of Exigent  
BY virtue of this Writ, directed to me at my County hell at the Castle of Winch, in the County of S. within written, Mundav, etc. viz. the twentieth day of I. the year, etc. within written, I.C. and the rest of the the sendants within named, (i● there be above two) first were exacted and appeared not, At my County of S. there held on Monday, viz. the twentieth day of A. the year aforesaid, the aforesaid I. C.and the rest of the defendants within named the second time were exacted and appeared not, At my County of S. there held, on Mundav, viz. the tenth day of S. the year afore said, the aforesaid I.C. and the other defendant within named, the third time were exacted and appeared not, At my County of S. there held, viz. the twelfth day of O. the year aforesaid, the afore s aid I C. & the rest of the defen. within named, the s ourth time were exacted and appeared not, And at my County of S. there held on Monday, viz. the third day of N afores aid, the aforesaid I.C. and the rest of the defendants within named, the fifth time exacted were and appeared not, therefore I C and the rest of the defendants within named by judgement of I.W. and W. R.gent. Coroncrs of the Commonwealth, of the County aforesaid, according to Law and Cus tom of the Commonwealth of England outlawed are, and every of them is outly wed.  
R.O. Esq. Sher.   

Return of the Writ of Exigent with supers' ed.  
By virtue, etc. at my County of S. there held on Monday, viz. the twentieth day of A. the year aforesaid, the afores aid I.C. was the fourth time exacted and brought to me the Writ of the Keepers of the Liberties of England, etc. of supersed. and it is to this Writ annexed, For which to the farther executing this Writ I have superseded all together, as to me in this Writ is commanded  
R.O. Esq. Sher.   

Return of the Writ of Exigent where one renders himself, and all the others appear not.  
BY vert●e, etc. at my County of South. there held on Monday, viz. the tenth day of A. aforesaid, the aforesaid I.C. and the rest of the defendants within named the 〈◊〉 time exacted were, at which day the aforesaid I.C. appeared and himself rendered to the prison of the Keepers of the Liberties of England, of the Castle of Winch, whose body before the Justices within written, at the day and place within contained ready I have, as within to me is commanded, but the rest of the defendants within named appeared not, therefore, etc. as above.   
He that has rendered himself, languishes in prison.  

AT my Court, etc. the aforesaid I.B. has appeared, and rendered himself to the prison of the Keepers of the Liberties of England of the Castle of Winch, within the County of S. aforesaid, and in the same prison now remains languis hang, by divers infirmities withheld, so that because of the weakness of his body and danger of death he cannot be carried, and therefore the body of I.B. aforesaid, before the Justices within written at the day and place within contained, for the present have I cannot, according to the form of this Writ.   

Return of the exigent where one renders himself, another brings a superseded. the third is dead, and the fourth waved.  
BY virtue, etc. at my County of S. there held on Monday, viz. the tenth day of A. the year aforesaid, I H. R.S. A.C. and D.P. were the fifth time exacted, and the aforesaid R.S. rendered himself to the prison of the Keepers of the Liberties of England, etc. of the Castle of Winch, in the County aforesaid, whose body before the Ju s tices within written, at the day and place within contained ready I have, to do that which the Writ aforesaid demands and requires, and the afore said D. P. brought me the Writ, etc. of superseded, annexed to this Writ, so that as to him farther proceed I could not, and the aforesaid I H.dead is, and the aforesaid A.C. waved, Therefore by the judgement of I.W. and W. R.coronerss of, etc. of the County aforesaid, the aforesaid I.H. is outlawed, and A. C.waved.  
R.O. Esq. Sher.   

Return of allowance.  
THere were allowed to him four days, at which the within named T.C. exacted was and appeared not, and further by virtue o● this Writ at my County held at the Castle of Winch, in the County of T. within written Monday, viz. the eight day of N. the year, etc. the aforesaid D. the fifth time exacted was, and appeared not, Therefore by judgement, etc. as above, he is outlawed.   

Return of Exigent betwixt two Sheriffs.  
By virtue of this Writ to me directed at my Court of S. held at the Castle of Winch, on Monday, viz. the tenth day of A. the year, etc. the within named R.K. exacted was and appeared.  
R.O. E sq. Sher.   

This Writ as it is endorsed, to me was delivered by R.O. Esq. Sher, of the County within written, my next predecessor, in the end of his office, And at my County of South. held at the Castle of Winch aforesaid, in the County afore s aid on Monday, viz. the tenth day of D. the year aforesaid, the afore said R.K. the second time exacted was, and appeared not, etc. as above.  
And if there want Coroners at the Count to give Judgement, Than the Sheriff shall return his Writs thus, viz. that because of want of I.W. and R.W. Coroners of the Commonwealth of the County aforesaid, further proceed he could not, and than upon this return, the Coroners will be fined for every Writ, unless they can make a good excuse.  
R.O. Esq. Sher.   

Return of the Writ of Proclamation.  
BY virtue of this Writ to me directed at my County of South. held at the Castle of Winch, in the County of South. within written, the twenty one day of March the year, etc. within written, to be proclaimed I cau sed, and at the most usual door of the Church of B. within written, on Sunday, viz. the tenth day of April, the year, etc. immediately after divine Service no Sermon in the s ame Church than and there being, one month at lest before the said W. the fifth time exacted was, to be proclaimed I caused, and at the general Session of the Peace held at the Castle of Winch afores aid, in the County aforesaid, the thirteenth day of May the year above said in the parts of B. aforesaid, again I caused to be proclaimed, that the within named B. should tender himself to me, as within to me is commanded.  
Ric. M Kn. Sher.   

Return of the Writ of Capias utlag. betwixt two Sheriffs.  
BEfore the coming of this Writ I.M. E sq. lately She. of the County of S. took the within named T.D. and in the prison of the Keepers of the Liberties of England of the Castle of Winch, in the County of S. aforesaid in his custody detained, by virtue of a certain Writ of capias utl to the said late Sheriff directed, which I.D. the said late Sheriff together with the said Writ, to me I.D. Knight now Sheriff of the County of S. aforesaid, delivered, whose body with the Writ a foresaid, I the aforesaid now Sheriff, before the Justices within written at the day and place within contained ready have, to do and receive what the said Writ shall demand and require.  
R O. Esq. Sher.   

Return of the Original Writ in partition.  
Pledges of pros. 

Joh. Den.  
Rich. Fen.    
Sum. of the within named R.B. and E. his wife 

W.H.  
I.F.    
R.O. Esq. Sher.   

Return of the original Writ in Covenant.  
Pledges of pros. 

I. Do.  
R. Roose.    
Sum. of the within named 

I.P.  
Den.  
Fen.    
R.O. Esq. Sher.   

Return of Sum. in dower.  
Pledge of prosec. 

I. Do.  
R. Roose.    
Sum. of the within named. 

I.H.  
I.W.  
W.D.    
And at the Church Parochial of P. where the within named A.B. etc. on Sunday, viz. the fourth day of July the year within written, immediately after divine service, nosermon than being publicly, I caused to be proclaimed according to the form of the Statute, as this Writ demands and requires.  
R.O. Esq. Sher.   

Return of Summons in waste.  
Pledges of pros. 

John. Do.  
Richard Roose.    
Sum. of the within named 

L.P.  
William Fen.  
Richard Den.    
And further I R.O. Esq. Sher. of the County within written, to the Justices within written certify, that after summons aforesaid, viz. the tenth day of A. the year within written being Sunday after divine service, in the Church Parochial of B. within written, no sermon than there being, at the most usual door of that Church Parochial within which Parish the tenements within writtenly and are, I caused the sum. afore said to be proclaimed according to the form of the Statute in such case set forth and provided.  
R.O. Esq. Sher.   

Return of the Pone.  
Pledges to pros. 

Joh. Den.  
Rich. Fen.    
The within named A.B. is attached by his pledges. viz. 

Joh. Den.  
Rich. Fen.     

Return of the Petit Cape in Dower.  
By virtue, etc. such day and year I took into the hands of the Keepers of the Liberties of England within written the third part of the tenements within specified, with the appurtenancies as within is to me commanded.   

Return of the writ of view in Dower.  
To the Justices within written, I certify that by virtue of this writ to me directed, I made the within vamed A.B. to have the view of the third part of the tenements within ss pecified, in presence of N.C.R.D.W.B. and C. D.four Knights who were present at the view, and further I certify which I said, that the four Knights aforesaid be before the Justices within written at the day and place within contained, to testify that view as by the Writ aforesaid to me was commanded.  
R.O. Esq. Sher.   

Return of the summons of Assize.  
Pledges of pros. 

I. Do.  
R. Roose.    
The within named W. L has nothing in my Shire by which he may be attached, nor is he found in it.   
Otherwise where he is attached.  

The within named W. L, attached is by one Cow of the price of 30. s.  
If the party appear not, his Cow is forfeit, and the Sheriff s hall be answerable for the value, and therefore he had need either to keep the goods attached, or else to have security to be saved harmless therein.  
The residue of the Execution of this Writ appears in a certain Panel to this Writ annexed.  
R.O. Esq. Sher.   

The names of the recognitors of Assize of Novel diss eisin betwixt M.C plaintiff, and T.C. tenant A.B.C.D.  
M. of the sum. recognitors aforesaid, and of every of them 

I.H.  
R.S.     

Return of summons of a Knight of the Parliament.  
By virtue of this Writ to me directed, sum. I have made to A.B. Knight, one of the Knights of my County girt with a Sword by B. T.and C.R. that he be before the Justices within written, at the day and place within contained, as this Writ demands and requires.  
F.P. Kn. Sher.   

Return of summons of Parliament.  
The execution of this Writ appears in certain Indentures to this Writ annexed.  
The within named A B. 

John Do.  
Richard Roose.   Issues— 20. s.  
F.P. Kn. Sher.   

Return of summons in attaint.  
Pledges of pros. 

John Den.  
Richard Fen.    
Sum. of the within named 

I.N.  
John Den.  
Richard Fen.    
The residue of the execution of this Writ appears in a certain panel to this Writ annexed.  
R.O. Esq. Sher.   

The names of twenty and four Knights.  

Richard M. of M. Esq.  
T.B. of A. E sq. etc.   
Summons of the Jurors aforesaid 

H.H.  
S. S,    
Names of the Jurors of the first inquest in the Writ to this Panell annexed specifies. 

E.M. gent.  
H.E. gent. etc.    
Pledges of the aforesaid Jury of the first inquest. 

Tho. Pit.  
William. Fit.     

Return of resummon.  
The execution of this Writ appears in a certain s cedule to this Writ annexed.  
R. O Esq. Sher.   

The names of the Jurors of the Jury of twenty four Knights of whom in the Writ to this schedule annexed mention is made. 

B.M. of N. Esq.  
T.B. of M. Esq.    
Every of the Jurors of the Jury of twenty four Knights afores aid, severally resum. is, by H.R. and M.N. good sum.  
R.O. Esq. Sher.   

Return of Accedas ad Curiam.  
By virtue of this Writ to me directed, in form within written, I came to the Court within written, and in that full Court caused to be recorded the plea within written, And that record as it appears in a schedule to this writ annexed, I have before the Justices within written, at the day and place within contained, under my Seal and the Seals of I B etc. four good and lawful men of my Shire, of them who were present at that record, and to the parties within written, that day have I prefixed, that than there they be, in that plea as just it s hall be, to prosecute; as within is to me commanded.   

The stile of the Court of Alton.  
The Court of Richard T. Knight, etc. there held the thirtieth day of March the year, etc.  
I. S plains against W.W. of a plea of taking and unjust detinue of his cattles.   

The Bailiffs return of his Warrant to the Sheriff.  
By virtue of this precept to me directed, taking with me R. S etc. your discreet Knights of the Hundred of A. aforesaid, I came to the Court of R.T. Knight, and caused to be recorded the plea, which is in the same Court betwixt I.S. plaintiff, and W.W. defendant. And that Record pat. I have under my Seal, and the seals of the aforesaid four Knights of that Court, of them who at that Record were, and to the parties aforesaid that day I presixed, as to me commanded was: in testimony of which matter, as well I R.F. Bailiff of the Hundred aforesaid, as the aforesaid R.S. etc. four legal Knights of the Hundred pray sent, our Seals have put to.  
R.O. Esq. Sher.   

Return of Recordare.  
By virtue of this Writ to me directed, in my full County held at the Castle of Winchin the County of Southampt. within written, such day and year, to be recorded I caused the plea, of which within is made mention, which plea appears in a certain schedule to this writ annexed, and that record I have before the Justices within written, at the day and place within contained, under my seal, and the seals of W.H.E.R. etc. four good and legal Knights of the same County, of them who at that Record present were, and to the parties within written that day I have presixed, there in that plea as just it shall be to prosec. as within to me is commanded.  
The residue of the execution of this writ appears in a certain schedule to this writ annexed.  
R.S. plains against T.E. of a plea of taking and unjust detinue of his .  
R.O. Esq. Sher.   

Return of Fieri feci upon Fieri fac.  
By virtue of this writ to me directed, I have made executions of the goods and chattels of the within named I.H. of a certain demise and grant to the same I.H. by a certain T.G. gent. by his Indenture made for the term of thirty one years, to begin from the sirs t day of July the year, etc. within written as by the Indenture bearing date the same day and year, more fully is manifest, and appears, of our Mess vage or farm with the appurtenances, situate, lying and being in L. in the Parish of F. within my Shire, called or known by the name of B. together with all and singular Lands, Meadows, Pastures, Woods, underwoods waters, etc. with all their appurtenances, situate lying and being within the Village of the Parish and fields of F. afores aid and O. viz. in my Shire, And the afores aid demise, and all and the whole right, state, title, term of years, pos se ssion and demand which the said I.H. now has, of and in the afores aid premises, by virtue or vigour of the same demise and grant, or otherwise, to sale I have exposed and sold to a certain P.H. gent. for the sum of seventy six pounds thirteen ss hillings four pence, and also I have made execution of the other goods and Chattels of the aforesaid I H. to the value of sixty five pounds six shillings eight pence, which sums of moneys so in form foresaid by me levied, in the whole amount to the sum of one hundred thirty two pounds twleve shillings, and though see sums before the Keepers of the Liberties of England, etc. at the day and place within contained I have ready, to tender to the within named E.P. and I his wife in part of satisfaction of their losses within written, as by this Writ within to me is commanded, and that the aforesaid I.H. not other or more goods or Chattels in my shire has, whence the residue of the aforesaid debt of one hundred sixty five pounds six shillings two pence, rai se or levy I may, according to the exigent of this Writ.  
R O. Esq. Sher.   

Otherwise upon Nihil habet.  
The within named R.B. Knight, no goods or Chattels, Lands or Tenements, has in my Shire, whence the moneys within specifed levy I may, as within to me is commanded.  
R.O. Esq. Sher.   

Otherwise upon Fieri fac, execution, and to sale he has exposed.  
BY virtue of this Writ to me directed, I have levied of he goods and Chattels, Lands and Tenements, of the beneath named R. B.to the value of two hundred pounds, and those from day to day to sale have I exposed, and thence sold to the value of one hundred pounds, which one hundred pounds at the day and place within contained ready I have, to tender to the beneath named I.W. as within to me is commanded, and the residue of the goods and Chattels aforesaid, are yet in my hands remaining for default of buyers.  
R.O. Esq. Sher.   

Return of Tarde.  
This Writ so lately to me delivered was, so that because of shortness of time execute it I could not, as this Writ wills and requires.  
R.O. E sq. Sher.   

Return special upon Habeas Corpus.  
I R.O. Esq. Sher. of the County of S. to the Keepers of the Liberties of England, etc. at the day and place in this Writ to this schedule annexed, contained certify, that before the coming of this Writ, A.O. in the said Writ named was taken within the County aforesaid by W.A. Esq. lately Sher. of the County aforesaid, and in the prison, etc. of the Castle of Winch. in the County aforesaid, safely under the custody of the same lately Sher. detained, by virtue of a certain Writ of the said Keepers of the Liberties of England of Cap. against the ss aid A. gent. witness at Westminster, the ninth day of Oct. the year, etc. and return before the Jus tices of the Common Bench at West. the day of Saint Martin, fifteen days than next following, to satisfy T.D. Gent. as well of a certain debt of forty pounds, as of thirty shillings for damages, of which the same A. before the Justices at West. convict was, The body of which A. so taken and in prison aforesaid, under the custody of the said lately Sher. for that occasion being determined, I the aforesaid R.O. now Sher. of the County afore said, received o● the afore said lately Sher. in his going out of his Office, and his body, by me of the aforesaid lately Sher. So received in prison afore said, safely to be kept have I caused, until after, viz. the tenth day of December the year, etc. I received a certain Writ of the said Keepers, etc. of Supersedeas to me directed the Tenor of which Writ follows in these words, The Keepers, etc. by virtue of which Writ of Supers. because there was not any other cause e to detain the aforesaid A. the said A. to go at la●ge I s uffered, The said Writ of Capias ad satisfaciendum notwith standing, as by the said Writ of Supersedeas to me thence was commanded, Therefore the body of the said A. before the Keepers at the day and place, in the said Writ to this schedule annexed contained, ready to have I cannot, as the same Writ wills and requires.  
R.O. E sq. Sher.   

Otherwis e.  
Before the coming of this Writ to me directed, the within named H.H. committed was, to the Gaol of the Keepers of the Liberties of England, etc. of the Castle of Winch. in the County within written, under my custody, by virtue of a certain Warrant of I.C. and I.W. two of the Justices of the peace public in the County aforesaid to keep, as also divers Felonies, trespasses, and other misdeeds in the s ame County committed to hear and determine assigned, bearing date the third day of A. the year within written, for certain trespass says and contempts against the form of the Statute for punishment of Vagabonds, and for the poor and impotent set forth, and this is the cause of taking and detaining the said H. yet the body of the said H. at the day and place within contained, ready I have as within to me is commanded.  
R.O. Esq. Sher.   

Otherwise.  
I R.O. Esq. Sher. of the County of S. to the Justices within written certify, that the bodies of R.T. and the rest o● the defendants within named, by me not taken were, but by W.U. Esq. lately Sher of the County aforesaid, my predecessor, and to me by him not delivered in the going out of his office, Therefore the bodies of them before the Justices within written, at the day and place within contained have I cannot, as within to me is commanded.  
R.O. Esq. Sher.   

Otherwise upon languishing.  
TO the Justices within written I certify, that the within named I.B. so languishes in the prison of the Keepers of the Liberties of England, etc. of the Castle of Winch. in the County of South. by divers infirmities withheld, That because of weakness of his body and danger of death, him safely remove I cannot, therefore his body before the Justices within written, at the day and place within contained, for the present have I cannot, according to the form of this Writ.  
R.O. Esq. Sher.   

Otherwise.  
I R.O. Esq. Sher. of the County of S. to the Keepers of the Liberties of England, etc. certify, that the body of the within named R.T. lies under my ss afe custody in execution at the suit of T.B. for 100 l. ret. before, the Justices, etc. at Wes tminster, from the day of Saint Michael one month, therefore his body at the day and place within contained have I cannot, as within to me is commanded.  
R.O. Esq. Sher.   

Return of ● have required the Bailie of the Liberty.  
BY virtue of this Writ to me directed. I have required the Bailie of the Liberty of Thomas Bishop of Winch, to take and arrest the within named I.S. in form within written, who has the full return of all Writs and precepts, and the executions of them within the Liberty aforesaid, And that no execution of this Writ by me can be made within that Liberty afores aid, which Bailie no answer to me as yet has given, or thus, who me answered, that the within named I.S. is not found in his Bailiwick, or thus, that he took the body of the within named I.S. whose body at the day and place within contained ready he has, to do all those things which this Writ does will and require.  
R.O. Esq. Sher.   

Return of the Writ of Restitution.  
BY virtue of this Writ to me directed such day & year, etc. within written, the Tenements within written with their appurtenances I have resei sed, and to the within named T. and H. full possession and seisin thereupon restored, as within to me is commanded.  
R.O. Esq. Sher.   

Return of Habere fac. possession with Fieri fac.  
BY virtue of this Writ to me directed the twenty fourth day of May, the year within written I caused to have to the within named H.H. the possession of his term within written, with the appurtenances, And also I have caused execution to be made of the goods and Chattels of the within named W.W. twenty ss hillings parcel of the damages within specified, and those moneys I have before the Jus tices within written, at the day and place within contained to tender to the aforeiaid H.H. as within to me is commanded.  
R.O. Esq. Sher.   

Return of Writ of seisin.  
BY virtue of this Writ to me directed the twenty sixth day of O. the year within written, I caused to have to the within named N. S.plenary seisin of and in the tenements within specified, as within to me is commanded.  
R.O. Esq. Sher.   

Return of Writ of Seisin in Dower.  
The execution of this Writ appears in a certain schedule to this Writ annexed.  
TO the Jus tices of the Common Bench I certify, that by virtue of the Writ of the Keepers of the Liberties of England to me directed, and to this schedule annexed the tenth day of O'th year, etc. I caused to have to P.B. widow in the Writ aforesaid, named, plenary seisin of the third part of the Manner of B. with the appurtenances in the same Writ specified, viz. of one Hall and Kitchen of two spares in the tenure of the ss aid I. with free ingress and regress to and from the same, als o the upper part of the Mansion house in the tenure of E.C. from the entrance toward the South, and of one Close several, called H. containing by estimation five acres, and of four acres of pasture lying on the North end of one Close called B. and one acre of pasture called C. in the Writ aforesaid specified, to be held by the afores aid P.B. in several by meats and bounds, in name of the whole dower of the same P. to her P. contingent of the whole Manor in the same Writ specified, as by the Writ aforesaid to me is commanded.  
R.O. Esq. Sher.   

Return of Venrie fac.  
The execution of this Writ appears in a certain Panel to this Writ annexed.  
R O. Esq. Sh.   

A.B. of E. Gent. and so twenty three others.  

●…e Pa●….  Every Juror aforesaid by himself severally attach. is by pledges. 

John Do.  
Rich. Roose.    
R.O. Esq. Sher   

Return of distress of Jur.  
The Execution of this Writ appears in a certain Panel to this Writ annexed.  

The Panel.  M. of the Jurors aforesaid and every of them. 

John. Do.  
Richard Roose.    
The Issues of every of them— 10. s.  
R. O Esq. Sher.   

Return of Cap. ad sat.  
BY virtue of this Writ to me directed, I took the body of the within named A.B. whose body before the Justices within written, or before the Keepers of the Liberties of England by authority of Parliament, in the upper Bench at the day and place within contained ready I have, to satisfy the within named C.D. of the debt and damages within specified, as within to me is commanded.  
R.O. Esq. Sher.   

Return of Elegit  
The Execution of this writ appears in a certain Inquis ition to this Writ annexed.  
AN Inquisition by Indenture taken at B. in the County aforesaid, the tenth day of I. the year, etc. before me R.O. Esq. Sher. of the County aforesaid, By virtue of the Writ of the Keepers of the Liberties of England to me directed, and to this Inqui s ition annexed, By the Oath of T B. &c (and so on to twelve more at lest) who say on their Oath, that B.C. in the Writ aforesaid, named such a day and year, etc. was sei said in his d●mesne as of Fee, of and in one Message called, &c with the appurtenances, lying and being in the City of Winch aforesaid; now in the occupation of A.G. widow of the clear yearly value in all i ss sues ov●r and above the reprises forty shillings, And als o o● and in one Garden with the appurtenances, called, etc. in the City and County aforesaid, of the clear yearly value in all issues over and above the reprises of twenty shillings, and also of and in one other Message with the appurtenances in the County and City aforesaid, s cituate lying and being near the Church there, called Saint Clement's Church, lately the land of a certain R.A. deceased, now in the occupation of B.C. or his assigns, together with all the gardens and aedifices to the same Message belonging or appertaining of the clear yearly vaelue in all issues over and above the reprises of five pounds, And also of and in one other Message called, etc. in the City and County aforesaid, in the tenure of the aforesaid B.C. of the clear yearly value in all is sues over and above the repri ses of ten shillings, which all and singular the aforesaid B.C. lately purcha sed to him and his heirs of certain N.S. and A.L. his wife, one of the daughters of E. coheir of the ss aid R.A. which Message in the tenure of the afore said B.C. together with a garden to the same Message lying and belonging, with all and singular the appurtenances, for the mediety of all the Lands and Tenements aforesaid, I the aforesaid Sher. have caused to be delivered to R.S. in the Writ aforesaid named, to be held to him and his assigns, according to the form of the Statute thence provided as his Franktenement, until his debt of one hundred pounds together with his damages in the Writ aforesaid mentioned, fully thence he shall have levied, as the Writ aforesaid wills and requires, And further the Jurors afores aid on their Oath aforesaid say, that the afores aid B.C. no other or more has, or after the recognis ance of the debt aforesaid, had goods or Chattels, Lands or Tenements, in the County afore said within their knowledge: in Testimony of which as well I the aforesaid Sh●r as the Jurors aforefaid to this inquisition our seals alternately have put the day of A. and place above said, etc.  
R.O. Esq. Sher.   

Return of an Extent.  
BY virtue of this Writ to me directed, I have taken the body of the within named W.W. whose body at the day and place within contained ready I have as within to me is commanded.  
The residue of the execution of this Writ appears in a certain Inquisition to this Writ annexed.  
R.O. Esq. Sher   

AN Inquisition by Indenture taken at the City of winch star in the County aforesaid, the twelfth day of January, the year, etc. before me R.O. Esq Sher. of the County aforesaid, By virtue of a Writ of the Keepers of the Liberties of England by authority of Parliament to me directed, and to this Inquisition annexed by Oath of T.B. &c (as above) who say upon their Oath, the W.W. in the Writ aforesaid named the day of the recogni s ance of the debt in the same Writ specified, was seized in his demesne as of fee, of and in the manner of A. in the County aforesaid, of the clear yearly value in all issues, over and above the repri ses 100 l. and of and in the manner of C. in the County aforesaid, of the clear yearly value in all issues over and above the reprises 100 l. and further, the Jurors aforesaid on their Oath aforesaid say, that the aforesaid W.W. the day of the reconusance of the debt aforesaid, or at any time after no goods or Chatte●s had, nor other or more Lands or Tenements in the County aforesaid, within their knowledge, which extended, apprized, or into the hands of the said Keepers taken or seised may be, which Manors, Lands, and Tenements aforesaid with the appurtenances, I the aforesaid Sher, the day of the taking of this Inquisition took into the hands of the said Keepers, by extent afores aid. In Testimony of which, as well I the afore said Sher. as the Jurors aforesaid to this Inquisition our Seals alternately have put, the day, year, and place above said, etc.  
R.O. Esq. Sher.   

Return of a Recognisance out of the Chancery.  
The execution of this Writ appears in a certain Inquisition to this Writ annexed.  
AN Inquisition, etc. as above. Who say upon their Oath that E.M. in the Writ aforesaid named, the day of the taking this Inqus ition, was possessed of divers goods and Chattels following, viz. of Rye to the value of ten shillings, of Barley to the value, etc. and of certain Householdstuff to the value, etc. which goods and Chattels I the aforesasd Sheriff have caused to be delivered to the aforesaid R. by precept aforesaid, as by the Writ aforesaid to me was commanded, And further the Jurors aforesaid on their Oath aforesaid, say, that the afore said E. the day of the Recogni sans of the debt, in the same Writ specified, or at any time after, no other or more had goods or Chattels, lands or tenements in the County afore said, which to the same R.W. in the same Writ named, cause e to be delivered I may, ●n tes timony of which, etc. as above.  
R O. Esq. Sher.   

Return of Writ of Waste.  
The execution of this Writ appears in a certain Inquis ition to this Writ annexed.  
AN Inquisition &c, Who say on their Oath a cresaid, that H.A. and I his wife, in the same Writ named, have made was t, sale and destruction in all things in that Writ specified, viz by suffering one Hall o● the price of 30. s. two Chambers of the price of 3. l. one Stable of the price of twenty shillings, to be uncovered for default of reparation of the s ame houses, and by tempests with rain upon them descending, became rotten and corrupt, etc. against the form of the provision in the same Writ contained, and further, the said Jurors on their Oath aforesaid s aye, that the aforesaid A. and I not other nor more waste, sale, or des truction have made, in the houses aforesaid, in Testimony of which, etc. as above.  
R.O. Esq. Sher.   

Return of the Writ to inquire of damages in Dower, where the Tenant died seized.  
The Execution, etc. as aforesaid.  
AN Inquisition, etc. who say on their Oath, that the within named W.K. the sifth day of January the year, etc. at K. in the County aforesaid died sei sed, in his demesne as of Fee, of and in the Tenements within ss pecified, and that the Tenements aforesaid, are of the clear yearly value in all is sues over and above the reprises of 20 s. And that s ix years and three quarters of one year are passed, from the time of the death of W.K. of resaid, And that the within named I.D. has sustained damages by occasion of her dower within ss pecified, to the value of ten pounds, in Testimony of which, etc. as above  
R.O. Esq. Sher.   

Otherwise in Trespass.  
The Execution as above.  

South.  AN Inquis ition, etc. who say on their Oath, that W.B. in the same Writ named, sustained damages in the same Writ specified, and for mises, and his Costs by him about his suit in that part were set twenty shillings, in Testimony of which, etc.  
R.O. Esq. Sher.   

Return of Scire fac. scire fec..  
BY virtue of this Writ to me directed by A.B. and C.D. good and lawful men of my Shire, I have made to know to A. D.that he be before the Justices of the Common bench, or before the Keepers of the Liberties of England, &c, or before the Barons of the Exchequer at the day and place within contained, to s hue and propound, if what for himself he has or to say knows why, etc. (according to the matter contained in the Writ) As within to me is commanded.  
R.O. Esq. Sher.   

Return of Nihil, upon scire fac.  
The within named A.B. has nothing in my Shire by which him I might make know, nor is he sound in it.   

Return of Devestavit against exec.  
BY virtue of this Writ to me directed, I have taken into my hands divers goods and Chattels which were to H.S. at the time of his death, in the hands of the with in named R.O. and K. hi● wife exec. of the Tes tament of the asor said H. to be administered, being to the value of thirty ss even pounds parcel of the debt within written, which goods and Chattels remain in my cousin tody for default of buyers, and further to the Justices within written, I certify, that the afore said R.O. and K. divers goods and Chattels which were to the said H. at the time of his death, to the value of the●esidue of the debt, and the damages within specified sold and wasted, and the moneys thence arising to their proper uses converted, so that the residue of the debt and damages within ss pecified, of the goods and Chattels of the same H.S. Levie or execute I cannot, And further to the Justices a fore said I certify, that the aforesaid R.O. and K. his wife, no goods have or Chattels of their goods, and Chattels proper, within my Shire whence the re sidue of the debt and the damages within ss pecified, or any parcel thence execute I may, as within to me is commanded.   

Return of Replevin upon return to be had of the beasts.  
BY virtue of this Writ to me directed, to be delivered I have cau sed, to the within named I.B. the beas 'tis which T.M. took, and to the same T.M. in the Court of the Common Bench adjudged were, as within to me is commanded.  
R.O. Esq. Sher.   

Return of beasts eloigned upon second deliverance.  
Before the coming of this Writ, the beasts within written, by the within named T.C. eloigned were to places to me unknown, so that the view of them to the within named H. and T. to be returned have I could not, as within to me is commanded.  
R.O. Esq. Sher.   

Return of Withernam.  
BY virtue of this Writ I took two pots brazen, two skillets brazen, etc. of the goods and Chattels of I.S. in this Writ named in Withernam, and those to W.B. to be delivered I have caused, to be had to the same W.B. until the aforesaid I.B. the beasts of the aforesaid W.B. deliver will, as this Writ wills and requires: and further to you I certify, that the aforesaid I.H. in this Writ named no other goods has, nor chattels which in Withernam taken may be● or by which be attached he may according to the tenor of this Writ.  
R.O. Esq. Sher.   

Return of the Writ of Collect of the 15. and 10. out of the Exchequer.  
BY virtue of this Writ to me directed, to know I have caused to the within named A.B. And also though see things which of the part of the Ke per of the Liberties of Englandare to be done, I have given in command to the said A. B.concerning the levying and collection of the sixth Quirisme and Disme o● six whole Quiri smes and Dimes within written, and an Obligation according to the form of the statute within written to the aforesaid A.B. to be shown have caused, by him of the part of the said Keepers to be s ealed, and as his Deed to the use of the said Keepers to be delivered, viz. I gave in command: but the foresaid A.B. altogether it to seal, or about the collection aforesaid to intermeddle, refused, and yet refuses, in contempt of the said Keepers, therefore the said Obligation at the day and place within contained have I cannot, as within to me is commanded. And therefore I certify that to know I have caused to the within named C. D. that he about the levying and collection of he said sixth Quirismie and Disme of the aforesaid six whole Quirizmes and Dimes within written diligently do intent, and an obligation according to the form o● the Statute within written from the same C.D. have I received, and the same in the Exchequer, etc. at the day within contained I certify, as within to me is commanded.  
R.O. E sq. Sher.   

The return of a Wood writ in the Exchequer.  
TO the Barons within written I certify, that P.M. L.S. & T.W. in the schedule to this Writ annexed, named no goods have, or Chattels, Lands or Tenements within my Shire, whence the several debts upon them, and every of them imposed levy I may, but by virtue of this Writ to me directed, I have levied of the goods and Chattels of H.L.T.K. and I.B. in the said s cedule named, the several sums upon them and every of them charged, and those moneys before the Barons within written, at the day and place within contained ready I have, as within to me is commanded. And further I certify, that I.B. E.A. and W.B. in the said schedule named, have alleged, that they have wherewith to exonerate the actions for the ss eurall sums upon them and every of them charged, and for this have I taken of them s ufficient surety and have prefixed them a day of being here at the Exchequer, within written at the day and place within contained as within to me is commanded.  
R.O. Esq. Sher.   

Return of the Writ of Respite of Homage oath Distringas in the Exchequer.  
M. of the within named A.B. 

I. Do.  
Rich. Roose.    
Issues— xx. s. Or according to the value of the Land more or less.  
R.O. Esq. Sher.   

Return of Seizure in the Exchequer in name of distress.  
BY virtue of this Writ to me directed the twentieth day of M. the year, etc. within written fifteenth, into the hands of the Keepers of the Liberties of England, etc. the manor of S. within written, with the appurtenances in S. in the County aforesaid, which Manor is of the clear yearly value in all is sues over and above the reprises of twenty pounds of the Land of P.B. in the schedule to this Writ annexed named, I have taken also into the hands of the said Keepers one gun called a Petronel, with the Flax and touch box of the value of ten shillings, in name of distress of the goods and Chattels. of I.C. in the ss cedule aforesaid, named as this Writ wills and requires, etc.  
R.O. Esq. Sher.   

Otherwise where Nihil is returned.  
TO the Barons within written I certify, that A. B C. D.and the other persons in certain schedules to this Writ annexed named, no goods have or Chattels within my Shire, whence the several debts upon them charged, or any parcel thence levy I may, nor are they found, nor of them is any found in my Shire, nor are there any Executors of the Testament, or last Will of the aforesaid several persons, nor administrators of the goods and Chattels which theirs were, nor any Heirs or Tenants of Lands of the aforesaid several persons or of any of them within my Shire which I might distrain, as that Writ wills and requires.  
The res idue of the Execution of this Writ appears in a certain Inquisition to this Writ annexed.  
R.O. Esq. Sher.   

Nihil return.  

South.  AN Inquisition by Indenture, etc. who say on their Oath that A.B.C.D. etc. in the ss cedule to this Writ annexed named, several days and years in which first debtors they became to the Keepers of the Liberties of England, etc. or at any time since to this time, no goods had or Chattels, Lands or Tenements within my Shire, which extended or apprized might be within their knowledge, And that dead they are but what day and year, or days and years, and where, altogether they are ignorant of, In Testimony of which, etc. as above.  
R.O. Esq. Sher.   

Where the Land extendable lies in another County.  
TO the Barons within written I certify, that all the Lands and Tenements which were to the within named N.F. or to any of his ancestors lie in the County of S. and not; in my Shire.  
R.O. Esq. Sher.   

Commorant in another County.  
The within named E.S. is Sher. of the County of O. and is Commorant in the said County of O. and is not found in my Shire.  
R.O. Esq. Sher.   

Return for the Sheriff them elf.  
TO the Barons within written I certify, that I H. W.Knight, now am Sher. of the County of S. therefore myself distrain I cannot, as within to me is commanded.  
H.W. Knight Sher.   

Return of the Writ for election of Kn. for the Parliament.  
BY virtue of this Writ to me directed, to be chosen I have cau sed, two Knights with Swords girt, the most fit and discreet of my County aforesaid, viz. W.F. and I.S. which Knights full and sufficient power for themselves and the Commonalty of the County aforesaid, have, to do and consent to those things which at the day and place within contained of the Common Counsel, etc. of England, to be ordained shall hap, And the aforesaid W.F. and I.S. mainprised are by I. P.W.B.R.D.and R N. to be at the Parliament, etc. at Westminsterat the day within contained, to do as that Writ shall exact and require, I have made also a precept to I.P. and W.S. Bailies of the Liberty of the town of G. that of the Burrow of G. to be chosen they 'cause two Burgesses of the most discreet and most s ufficient, that they may be at the Parliament, etc. at the day within contained, to do and consent as aforesaid. Which Bailies so to me answered, that to be chosen they have caused of the aforesaid Burrow of G. two Burgesses, discreet, and the most sufficient to be at the Parliament aforesaid, viz. S.W. and R.W.  
The residue of the execution of this Writ appears in a certain Inquisition to this Writ annexed.  
R.O. Esq. Sher.   

Return of the Writ to receive the order of Knighthood.  
BY virtue of this Writ to me directed, as well within the Liberty as without, through my whole Shire publicly to be proclaimed have I caused, that all and ss ingular persons, having Lands, Tenements, or Rents, as within written is, whose names in a certain s cedule to this Writ annexed are written, to the presence of the Keepers of the Liberties of England, about the Feast within written, per onally do appear and come; the aforesaid Order to receive, as within to me is commanded.  
F.P. Kn. Sher.   

Return of Rescuous.  
The Execution of this Writ appears in a certain schedule to this Writ annexed.  
BY virtue of this Writ of the Keepers of the Liberties of England, etc. to medirected, and to this s cedule anuexed, have I made a certain my Warrant, to a certain I.M. my Bailie itinerant, to take and arrest E.G. in the said Writ named, which my Bailie by virtue of my Warrant aforesaid, the tenth day of I. the year, etc. at D. in the County of S. afore said, took and arrested the body of the aforesaid E.G. and than and there, him E.G. in his custody had, upon which F G. of C. aforesaid, in the County aforesaid gentleman and T.M. of the same town and County, gent. than and there by force and Arms, viz. with Swords, Poniards, and Staves, upon my aforesaid Bailie as salt made, and him my aforesaid Bailie than and there, against the Law and Cus tome of, etc. England, etc. and against the will of him my Bailie impris oned, and him my Bailie in prison, there by the ss pace of one how than and there held, and twenty pence in moneys numerate of the goods and Chattels and pence of him my Bailie, from the per on of him my Bailie than and there, the aforesaid T.M. took, and the aforesaid E. by force and Arms aforesaid, than and there out of the Custody of my ss aid Baily took and rescued, And als o the same E. himself than and there out of the custody of my aforesaid Bailie res cued, against the will of the same my Bailie, and against the peace public, and after the same E. was not found in my Shire.  
R.O. Esq. Sher.   

Otherwise by the Bailie of the Hundred.  
BY virtue of this Writ have I made a certain my Warrant to W.H. Baily of the Hundred of H. who thus me answered, that where he by virtue of the Warrant aforesaid, the tenth day of S. the year, etc. at C. in the County aforesaid, took a certain I.S. and him to the Gaol of the Keepers of the Liberties of England, etc. of the Castle of Winch. would have brought safely to be kept, thither came a certain I.G. and R.S. with many others unknown, by force and Arms, in manner Warlike arrayed, and from the custody of the said Bailie at, etc. the afores aid I.S. took and carried away, and the said Bailie would have killed, unless the same S. to escape he had permitted, and so because of fear of his death, him I.S. to escape he permitted, And so that cause the body of the said I.S. before the Keepers of the Liberties of England, in the upper Bench, etc. at the day and place within contained have I cannot as within to me is commanded. And further I certify that the aforesaid tenth day, etc. the afores aid I.S. was not found in my Shire.  
R.O. Esq. Sher.   

Otherwi se by the Bailie of the Liberty.  
BY virtue of this Writ to me directed, I have commanded I.S. the Bailie of the Liberty of D. in the County aforesaid, who has full return of all Writs, Precepts, Warrants, to him thence directed, And who such day and year at P. in the County afores aid, T.S. in the Writ to this schedule annexed named took, and arrested, and him T.S. in his custody by occa sion aforesaid then and there had and held, And a certain I.C. lately of S. in the County aforesaid Husbandman, gathering to him many other Malefactors unknown, of the peace of the Commonwealth troublers, to the number of twenty persons, in manner warlike arrayed, by force and Arms, viz. etc. upon him the Bailie than and there riotously ass ault made, and him beaten, wounded, and evil entreated, so that his life was de ss paired, And that I.C. and the others, etc. him T.S. out of the Custody of the said Bailie than and there took and res cued, and as he listed at large to go permitted, against the will of the afore said Baily, And the same T.S. himself out of the custody of the said Bailie than and there in like manner rescued against the peace public, etc. and after the same T. was not found in my Shire.  
R.O. Esq. Sher.   

Return of a Proclamation out of the Chancery.  
BY virtue of this Writ to me directed publicly to be proclaimed have I caused, within my Shire, that the within named H. under the pain of his engagement before the Keepers of the Liberties of England, etc. in the Chancery within written, at the day within contained appear, as within to me is commanded, also to the Keepers of the Liberties aforesaid I certify, that the with in named H. B is not found in my Shire.  
R.O. Esq. Sher.   

Return of the Commis sion of Rebellion.  
TO the Keepers of the Liberties of England, etc. I certify, that the time of the receipt of this Commis sion, to me and others directed, the within named W.W. taken and arrested was by W.S. Knight, Sheriff of the County of S. by virtue of divers Wries to the same Sheriff directed, and to the Gaol of the said Keepers of the Castle of Winch. by the same Sheriff committed was, in which Gaol I the aforesaid I.W. the aforesaid W.W. by virtue of this Commission him to be attached have caused, as within to me is commanded, but his body at the day and place within contained, have I cannot, because the same W. in the same Gaol, under safe custody of the said Sher. for divers other causes there is detained.  
I.O. Commission.   

The return of a Dedimus potestatem to take the Oath of a Sheriff.  
BY virtue of this Writ to us directed such day and year, etc. within written, we have received the Oath of the within named R.O. Sher. of the County of S. that office well and faithfully to perform, according to the form of a certain schedule to these presents annexed, as within to us is commanded, and as this Writ exacts and requires.  
W.S. and B.T. Commiss.   

Return of a Writ of Praemunire.  
BY virtue of this Writ such day and year by I.S. T.W. and I.F. good and legal men of my Shire, to forewarn have I c●used W. K.Clerk within named, that he be before the Keepers of the Liberties of England, etc. at the day and place where's oever, etc. to do and receive as this Writ shall exact and require, and I. B.and the res t of the Desendants within named, nothing have in my Shire, by which them forewarned make I may, no● are they found in it.  
R.O. Esq. Sher.   

Return of the Writ where a Clerk has no lay Fee.  
BY virtue of this Writ to me directed, to the Justices within written I certify, that the within named T.H. Clerk, is beneficed in the Bishopric of London, having no lay Fee in my Shire where he may be summoned.  
R.O. E sq. Sher.   

Return of the Writ of Election of a Verdour of a Forest.  
TO the Keepers of the Liberties of England I certify, that the within named I.H. before the coming of this Writ to me directed dead was, and that I after the receipt of this Writ, in my full County held at the Castle of Winch. in my County, the twenty ninth day of March, the year within written, by assent of the s ame County in the place aforesaid I. to be chosen have caused, a certain N.S. Esq. Verdour of the Forest of B. within written, to do all those things which to that office belong, as this Writ exacts and requires.  
R.O. Esq. Sher.   

Return of the Writ of Summons before the Justices of the Forest.  
BY virtue of this Writ to me directed, to be summoned have I caused the Arch Bishops, Bishops, Earls, Barous, and all other freeholders' who Lands and Tenements have within the meats of the Forest of the Commonwealth within written, and four men and the chief of every town within the meats of the same Forest, And also two good and lawful men of every Burrow within the meats of the said Forest, bound to come as they aught and were want, that they be before the Justices within written, at the day and place within contained, as within to me is commanded, publicly also to be proclaimed have I caused through my whole Shire, as well in Burroughes as in other Towns, and in Fairs, Markets, and other places public, that all those who by Charter of the Keepers of the Liberties of England now, or of their Ancestors or Progenitors, or any other manner any Liberties or Franchises hold, or Liberties to have claim, And by what Warrant, That they be before the said Justices at the day & place aforesaid, To be proclaimed also have I caused, that all men attached for Vert and Venison in the Forrest aforesaid, after the las t plea of the Forest aforesaid held, and their pledges and mainpernours, who have day by mainprize aforesaid, to be before the aforesaid Jus tices, to stand to the right, and to do those things which according to Law of Forrest do they aught.  
The residue of the Execution of this Writ appears in a certain Panel to this Writ annexed.  
R O. Esq. Sh.   

The Panel.  
Anthon. B. of C. gent. and so twenty four for the grand Jury, and twelve for the petty Jury.   

When any man shows the Sheriff his Tallies  
BY virtue of this Writ to me directed, to the Barons within written I certify, that the Fermors within named, after the receipt, to me have shown their Tallies of payment of their Ferm within specified, For which I have prefixed them a day to be before the Barons within written, to do and receive upon their Tallies aforesaid, according to the tenor of this Writ, And therefore the levying of the sum within specified, I supers. as within to me is commanded.  
W.U. Esq. Sher.   

Return of the Writ to proclaim the Sheriff to tender his account by the Coroners.  
BY virtue of this Writ to us directed, to the Barons within written we certify, that in the full County of S. within written, held at the Castle of Winchester in the County of S. aforesaid, the twentieth day of A. the year, etc. within written, And also in the full County aforesaid at W. aforesaid, the eighteenth day of September, the year, etc. as als o divers times after in the County aforesaid, articulately to be proclaimed have we caused, all and singular the Articles which in this Writ are contained and specified, as by this Writ to us within is commanded.  


I.W.  
W. R gent   Coron. R.O. Esq. Sher.   

Return of Capias out of the Exchequer, as well of the body as of the Land in name of does tress.  
BY virtue of this Writ to me directed, to the Barons within written I certify, that I have taken the body of the within written I.R. whose body before the said Barons ready I have, at the day and place within contained, also the twentieth day of I. the year, etc. within written, I have taken into the hands of the Keepers of the Liberties of England, etc. in name of Distre ss, certain Lands and Tenements of the within named I.R. lying and being in B. of the yearly value of C. s. as this Writ exacts and requires.  
R.O. Esq. Sher.   

Capias in to our hand a Manner.  
BY virtue of this Writ to me directed, to the Barons within written I certify, that the twentieth day of March the year, etc. within written, I have taken into the hands of the Keepers of the Liberties of England, etc. within specified, the manner within written, with the appurtenances, as within to me is commanded. And if it be with Inquisition for the annual value, than thus is the Writ aforesaid returned.  
The residue of the Execution of this Writ appears in a certain Inquisition to this Writ annexed.  
R.O. Esq. Sher.  
An Inquisition indented taken at, etc. as the Inquisition is before for the form, only putting in the new matter.   

Return of the Writ of, who is Tenant out of the Exchequer.  
BY virtue of this Writ to me directed, to the Barons within written I certify, that W.B. and M. his wise, are Tenants of the third part of the Manor within written, in three parts to be divided, and C.A.M.E. and I.B. the daughter of C.D. deceased, are Tenants of the ss econd part of the Manor aforesaid, in three parts to be divided, and the third part of the Manor aforesaid remains in the custody of the Keepers of the Liberties of England, by reason of the Minority of P.B. son and heir of the aforesaid C.B.  
M. of the aforenamed W.B. and his wife. 

John Do.  
Rich. Roose.    
R O. Esq. Sher.   

Return of a Venire fac. out of the Exchequer, or Office of the Coron. in nature of Summons, where he is insufficient,  
The within named A.B. nothing hath in my Shire by which he may be attached, or where summon him I may.  
The within named A.B. attached is by pledge. viz. 

Io. Fen.  
Rich. Den.    
R.O. Esq. Sher.   

The Issues of these 1 Mark●  
And further, if these words be receited in the Writ, As also to show, than in every one ten shillings.   

Return of Distringas where part nothing has in the Land.  
The within named A.B. nothing has in the Lands, Tenements, and Hereditaments within written, by which him di strain I may:   

Otherwise.  
No such manor is there nor any Land or Tenement known by the name of E. lying in the County of S. upon which the Tenants thence distrain I may, as within to me is commanded.  
R.O. Esq. Sher.   

Return of Venditioni Exposita.  

Kitch. Exponend.  BY virtue of this Writ to me directed, from day to day to sale have I expo sed those goods and Cattles to the value of C. s. resid. of the 8. l. which lately of the goods and Chattels, Lands & Tenements of T.E. within named, I took, and thereupon sold to the value of xl. s. which xl. s. at the day and place within contained, ready I have to tender to the within named C.D. as within to me is commanded. And the residue of the goods and Chattels aforesaid yet in my hands remain unsold for default of buyers.   

Otherwise of the return of vendition Exponas..  
TO the Barons within written I certify, that those C. sheep in this Writ specified to sale expose I could not, because that yet they remain in the hands of the within named R.N. lately Sheriff of the County of S. and never to me the aforesaid now Sheriff; yet by the aforesaid lately Sheriff delivered were.  
R.O. Esq. Sher.   

Return of Fieri facias, wherein addition is given to the Defendant.  
TO the Barons within written I certify, that there are divers per sons in my County of the name and surname of I K. viz. I.K. of B. I.K. of F. and I.K. of A. and that they are not contained in this Writ, of which aforesaid I.K. etc. his goods and Chattels the moneys within specified to levy I know not, therefore to the execution of this Writ proceed I could not.  
R.O. Esq. Sher.   

Return of a Writ out of the Court of Wards and Liveries.  
AFter the receipt of this Writ, and before the return of the s ame, several sums of moneys within written paid were by several persons within named, to the receiver of our Lord the King of his Court of Wards and Liveries, therefore to the execution of this Writ proceed I could not, as within to me is commaned.  
R.O. Esq. Sher.   

The Return of a Significavit.  
BY virtue of this Writ to me directed, I have taken the body of the within named A.B. whose body remains in the prison of the Keepers of the Liberties of England, etc. of the Castle of Winch. under my safe custody until to holy Church as well for the contempt as wrong to it don, by him shall be satisfied, as this Writ exacts and requires.  
R.O. Esq. Sher.   

The Return of a Signific. with Proclam.  
THe within named A.B. is not found within my Shire, but by virtue of this Writ to me directed in my full County held at the Castle of Winch, in the County within written the 15 day of July the year within written, publicly to be proclaimed I caused, that the aforesaid A.B. within six days after that proclamation his body tender in form within written, as that Writ exacts and requires.  
R.O. Esq. Sher.   

AN Inquisition, etc. who say upon their Oath, that W.F. in the seedule to the Writ a oresaid annexed named, is deceased; but what day and year, or where, altogether they are ignorant of, and that W.M. also in the same schedule named, is resident in London, and I.S. is Commorant at B. in the County of W. and A.R. in the town and County of Southampt. without the County of Southampt. and the other per sons in the same schedule named, do so wander and remove up and down the County aforesaid; that taken or arrested they cannot be. In tes timony of which, etc.   


South.  AN Inquisition, etc. who say on their Oath, that H.S. in the ss cedule to this Writ annexed specific, no others or more Manors has in the County afore said, besides and above the Manor, Lands and Tenements in the ss cedule to the Writ aforesaid annexed specified, which extended, or into the hands of the Keepers of the Liberties of England, etc. seised may be. In testimony of which, etc.   


South.  AN Inquisition, etc. who say upon their Oath, that I.W. in the Writ aforesaid named, the day of the taking of this Inquisition, was poss es sed of a certain demise for the term of twenty years of one mess vage, etc. in A. in the County aforesaid, with the appurienances of the annual value in all issues over and above the reprises of 4. l. which demise I the aforesaid Sheriff the day of the taking this inquis ition, took into the hands of the Keepers of the Liberties of England, etc. In te stimony of which, etc.   

AN Inquisition, etc. who say on their Oath, that a certain day and year the late Earl of H. died and where, altogether they are ignorant of, and that he no goods hath, or Chattels in the County aforesaid, which taken and into the hands of the ss aid Keepers extended may be. And further they say, that the aforesaid Earl of H. the day in which he died, was seized in his demesme as of see, of and in the Manor of C. with the appurtenances of the clear annual value in all issues, over and above the reprises of 25. l. which Manor with the appurtenances before the coming of this Writ, I the aforesaid Sheriff by virtue of another Writ out of this Court issuing, and of the part of the Remembrance of the said Keepers of this Excheq. filled to be seised have cau sed into the hands of the said Keepers by extent aforesaid. In tes timony of which.   

Otherwise.  
THe Vicar. within written with the appurtetenances in the hands of the said Keepers, is the Sea of the Bishop. of Winchester, now being vacant.   

Otherwise.  
THat the Manors, Land & Tenements of the lately W. Lord of Ware, in the hands of the ss aid Keepers are, because T.W. Knight, now Lord of Ware, son and heir of the aforesaid W. has not sued his livery out of the Court of the said Keepers, etc. In testimony of which, etc.   

The Return of a Writ of Partition.  
I R.O. Esq. Sher. of the County aforesaid, to the Justices in the Writ to this schedule annexed, spec. Certify, That by virtue of this Writ in my proper person, the fifteenth day of J. the year, etc. I came to the Message in the writ afores aid, spec. and there by the oath of A. B, etc. (to the number of twelve) good and lawful men of the County aforesaid, and of visne in the s ame Writ spec. (having respect to the true value of the same me ssuage, the same message with the appurtenances in four equal parts to be parted I caused, and one part of those parts, viz. etc. to be held to the same H.S. and his wife in the Writ aforesaid named in severally by meats and bounds in the right of the said I.E. Another part thence, viz. etc. to be held to I.C. and E. his wife in the Writ aforesaid named in severally in the right of the ss aid E. and two other parts thence, viz. etc. to be held to the aforesaid I.C. in severally in his right proper. And I the aforesaid Sheriff, the day and year above said those to be delivered and a ssigned, have caused, as the same Writ exacts and requires.  
R.O. Esq. Sher.     

The manner and form how to keep a Court Leet, or a Law-day with all things thereunto appertaining as followeth.  
The third Book.  



Alton West broke.  First the Steward must make his precept to warn the Court thus.  

I W. Gentleman Steward of R.T. Knight of his Manor, or his hundred of A. to the Bailie of the s●me Manor greeting; I command thee that diligently warn thou do●t the Court, with view of Frankpledge of the Manor aforesaid, to be held the 20. day of October next following, about the hour of nine, before noon of the same day, at the place accustomed; given under my ss eal the twentieth day of September, the year, etc.  
By me I.W. Steward there.   
Than enter the Court.  

SS. The view of Frankpledge, with the Court of T. Knight there held on Thurs' day, viz. the twentieth day of October, the year, etc.  
By I.W. Steward there.   
Than cause the Bailiff to make three Proclamations, and say after the Steward thus.  All manner of persons which are Resiants or Dozoners, and own suit Royal to this Court Leet or Law day, come in and do your suit, and answer to your names as you shall be called, every man at the first call, upon pain and peril that shall fall thereon. 
Than call the free suitors and dozoners one after another thus:  L.G. Gent. come into the Court and do your suit and service, or else you will be amerced, and when you have called them, all those which made default, mark them over the head thus, Laurente G. is amerced two pence, and when all the free suitors be called, you must writ thus, They are Freehorders of this manor, and own suit to this Court, and have made default, therefore every of them is amerced as it appears upon their heads. 
Than the Steward must cause the Bailiffs to make three Proclamations, and than to say thus, And if any man will be Ess oined, let him come in and he shall be received, and all such persons as were Es soined the last Court, let them come now in and warrant their E ss oines, or else they will be amerced both for this Court, and all so for the last, that is, they must appear, and not be again Ess oined; for if that be suffered, it will hinder the service; And if any desire to be Es soined by their Tythingman or other neighbour, than for the first Court they may be Essoined, and their Essoines must be entered as they are in the hundred Court in this book.  
Than let the Bailiff say after the Steward, if any man will enter any plaints, let them come forth and they shall be heard.  
Than if any come to have any plaints entered, than enter them as they are entered in the hundred Courts, and if need be, those declarations and plead will serve here.  
Than call the Tythingman of every tything with his tithing, and demand of him if his whole tithing be there or not, and ask him what Law-day, or hundred silver he hath brought, this done, receive his money, and swear him thus.  

The Tything-mans' Oath.  
YOu shall swear, that you shall make true inquiry, and the same present of all such Articles and things as shall be given you in charge, concerning the keepers of the Liberty of England, by the Authority of Parliament, and the Lord of this Leet or Law-day, wherein you shall no concealment make, you s hall spare nothing meet to be presented within your tything for love, favour, affection or corruption, neither shall you present any thing for malice, hatred or envy, but according as the truth of things have, may or shall come to your knowledge, by information or otherwise: So shall you make thereof a true presentment without concealment, So help you God, etc.   
Than call the whole tithing by name and swear them thus.  The same Oath which A.B. your thythingman hath on his part taken before you and every of you, you shall for your parts observe, perform, and keep in every Article and thing which shall be given you in charge at the Leet, so help ye God and the contents of this Book. 
Than call the Constables of the hundred if there be any there, and swear them thus:  
You shall swear, that you shall make due inquiry, and the s ame present of all such Articles and things as shall be given you in charge, and of all and every such thing and things, which are, shall, or may come to your knowledge m●et to be presented at this Court concerning your office, wherein you shall spare no man for love, fear, favour, affection, or corruption, neither shall you present any man for malice, hatred, or envy, so shall you make both a j●st and a true pres entment thereof without concealment, So help you God; and the contents of this Book.  
In like manner you shall swear Ale-tasters, Heywards, and other officers, if any such be answerable, or aught to appear there according to their particular offices.  
Than call to the Bailiff for the names of the Jury, and bid him return them in writing, whereof must be twenty four, which return made and delivered, bid the Bailiff make an Oyes and say after you thus:  You good men that be returned to inquire for the keepers of the Liberty of England, by Authority of Parliament, and the Lord of this Leet or Law-day, answer to your names, as you shall be called, every man at the first call, upon pain of amerciament. 
Than call the Jurors s everally by name as they be returned, and prick them openly which appear, and none else e, and when fourteen or fifteen, or more have appeared, than call the foreman to the Book, and swear him thus:  

The foreman's Oath.  
YOu shall duly inquire, and true presentment make of all such Articles and things as shall be given you in charge, the keepers of the Liberty of England, by Authority of Parliament council, your fellows, and your own you shall well and truly keep, and not disclo se the same, but here in Court you shall present the truth, and nothing but the truth, so help ye God and the contents of this Book; and than let him kiss the Book to affirm his Oath.   
Than call the rest of the Jury by three or four at once, and swear them thus:  

Also such oath as A.B. your foreman hath taken before you on his part, you and every one of you s hall well and truly observe and keep on your part, so God ye help, and the contents of this Book.  
And note that the Steward may impannel any stranger, if there want to make twelve of the Jury, because it is for the service of the keepers of the Liberty of England by Authority of Parliament for a presentment made by lesser than by twelve is traversable.  

Jo. Do. Jur.  
Ri. Roe. Jur.  
Jo. Den. Jur.  
Wil Fen. Jur.  
Wal. Neat. Jur.  
Jo. Feat. Jur.  
Jo. Hie. Jur.  
Jo. Pye. Jur.  
J. Miles. Jur.  
Th. Giles. Jur.  
Ri. Cook Jur. and  
Th. Snooke. Jur.    
Than count them.  
This done, than command the Bailiff to make Proclamation, and say thus after the Steward: You good men that are impanelled to inquire for the keepers of the Liberty of England by Authority of Parliament, and for the Lord of this Leet or Law-day, draw near and hear your charge, and the Court commandeth all others to keep silence whilst the charge is given, upon pain of imprisonment.  

An exhortation to the Jury before the charge.  
MY masters you that be sworn, before I enter to give you your charge, I shall exhort you in the fear of God, first of all to remember your duties to Almighty God, next to the keepers of the Liberty of England, by Authority of Parliament, and la stly to the Lord of this Leet or Law-day, and therein to have a special regard for the good of the Commonwealth, here within the precinct of the Leet or Law- day. God delivered to his servant Moses in the Mount Sinai ten Laws or Commandments, which are divided into two tables, the four first which are the first table, do teach us our duties to God, the other six which are the second table, do teach us our duties one towards another: as the body of man is subject to many sicknesses and diseases, so the Commonwealth is subject to many mischiefs and inconveniences, and as the one is often curable by physic, so the other is to be redressed and reform by the due execution of Laws which are as the sinews of the Commonwealth, to keep it in good order, and the execution of the Law is the life of the Law, otherwise it is but as a dead thing, and therefore good Rulers and Magis trates are said to be as fostering fathers and mothers to the Commonwealth, as well as natural parents are to their own children, and the people that honour their Governors, the child that honoureth his parents, and the servant that honoureth his or her master or mistress, aught to honour them of duty in singleness of heart, and not for fear of puni shment, or hope of reward.  
England long since was divided into Counties, and so into Hundreds, Ridings, Laths, Leets, and Wapentakes, which are all one in effect, though they differ in name according to the cousin tome of every Country. And there is no man living within this Nation, but he is resident and abiding within the precinct of some one of these and there he aught to appear twice every year, if he be not otherwise privileged by his place or office, and if any wrong be done unto any man under the value of forty shillings, there he aught to have redress, and not elsewhere. Than these Laws were afterwards confirmed by the Statute of Mar●ebridge ca 38. before the making of which Statute, a Lord of a Leet or Law day might have kept as many Leets or Law-days in a year as he would, and as few. But by that Statute men were limited and appointed to keep but two every year, viz. one within a month of Easter, and the other within a month of Michaelmas. And afterwards becau s e men were of sundry opinions, what things were inquirable at Leets or Law- days, and what were not, there was another Statute Law made in the seventeenth year of E. 2. by which it appeareth what things are inquirable at a Leer or Law-day, and what are not; and since that time there have been divers other Statutes made, whereby divers other Articles are inquirable at Leets or Law- days, which before the making of the Statutes were not. Now therefore considering that these Leets or law-days were first ordained for the causes already delivered by me unto you, con s idering also, that the redress of all wrongs, and the punishment of all offenders here within the precinct of this Leet or Law-day resteth in you who are here especially elected, sworn and put in trust as the most meetest, and worthiest men within the precinct of this Court for that ss ervice, it therefore behooveth you to have a special regard to your oaths therein that you may the better perform the trust which is reposed in you, for now it is your parts and duties to try right from wrong, and truth from falsehood, and to punish offenders, and to defend the innocent. The Prophet 〈…〉 teacheth you a good lesson, and that is this, 〈◊〉 his saith he, in veritate, in judic & in Justicia & amovere morem & ●merem odium & spem, that is, you must s wear in truth, judgement and justice, not regarding the substance, authority or power of a rich man, nor the imbecility or poverty of a poor man, but rather you must follow the rule of that wise Philosopher Plato, who saith thus, That Justumest judicium ubi non persona sed opera cons iderant. that is a right wise judgement, where the person of a man is not regarded, but his offence; Et ex co●dibus v● stris omnent affectionem expellite, & memores estore quantas minas deus in stituit pro Juramenti violate. You must if you would do as you aught to do, remove all affection out of your minds, and call to remembrance what threaten God hath laid upon such as have violated their oaths, for it is written in the 14. Chap. of Leviticus, thus, Qui bla sphemat nomen Dom. morte morietur, that is, he that blasphemeth the name of God shall die the death; and in the fifth Cha●ter of the Acts of the Apostles, it was s aid to Ananias and Saph●ra, Non vives qui locutus es mendac & confe stim occisi fue●unt pro men●●c in vendend. Agr. that is, it was told them that they should not live any longer because they have dealt deceitfully, and made a lie to colour their deceit in selling of a field, and they were presently slain for it: if God did than so punish them for making of a lie, which thing is so common now a days, what will he do ●o them which do not stick to lie and wilfully for'rs wear thames elves? therefore it behoves us to beware and to learn to be warned by other men's harms, jest we fall into the like judgement of God our ss elves. In doing well, and performing your duties in this service which you are to take in hand, you shall not only plea se God therein greatly, and do the Keepers of the Liberty of England, by Authority of Parliament, and the Lord of this Leet good service; but you shall also do good to yourselves and to your posterities, and therein 'cause the Commonwealth to slorish and increase in godliness and piety; but on the contrary part if you shall be remiss and careless in doing of your duties, therein you shall not only offend God very greatly, and incur the danger of the Laws of England, but you shall also embolden and encourage wicked and lewd persons to continued still in their own wickedne s s, and to go forward à mal● adpejus, and so to draw one sin upon ss in, as it were with cartropes, to their utter ruin and des trection. And I would have you to know, that if I found you careless and negligent in this s ervice, I may than by the law impannel another Jury to inquire of your concealments, the which if they shall find, than may I set such fines upon you as I shall think fit, according to the quality of your offence. But I hope that you will give me no such occasion, but rather that you will duly and truly inquire of and present all such things as I shall give you in charge.  
And so I will here cease to trouble you any further by way of exhortaion, and proceed as God shall enable me and your patience to the particulars of your charge.  
Your charge will be somewhat long and tedious, and standeth upon many parts, but I will make it as short as I can, and reduce it into five chief heads o● parts, viz. 

Petty Treasons.  
Felonies by Statute Law.  
Felonies by the Common Law.  
Offences upon divers Statutes.  
Laws and common annoizances.     
And so of these in their order.   


Petty Treason.  
It is petty Treason for a woman to kill her husband, or a Clerk his Ordinary, and the punishment for these offences, is death, and loss of lands and goods.   

Misprision of Treason.  
Next to this is misprision of Treason, and that is, when any one knows of the Treason aforesaid, or any of them, and concealeth it twenty four hours, after knowledge thereof had, the punishment for this offence is loss of goods and chattels for ever, and of lands during life and perpetual imprisonment.   

Felonies by Statute Law, Rape.  

18. E. 2. & 1. H. 7.  Next you shall inquire of Felonies by Statute Law, and therein first of Rapes, and that is if any man have ravished, or had carnal knowledge of any woman's body against her will, or hath stolen or carried away any widow or maid against their wills, and their friends, though it was done to the intent to marry them, yet it is felony, and the offendor therein shall suffer death, and loose his lands and goods for it.   

Hunters by night.  

1. H. 7.  Next you shall inquire of hunters by night, in any forest, park, chase, or warren, with vi sards disguised, to the intent not to be known, if they be apprehended and deny it afore a Justice of Peace upon their examination, it is felony, but if they confess it, it is than but a trespass s, and so finable.   

Defacers of a man's Phisnomy.  
Next you shall inquire if any man or woman hath defaced another's phisnomy in putting wilfully his or her eyes out, or cutting out of his or her tongue, either of both, is felony, and the offender shall suffer death, and loose lands and goods, 5. H. 7.   

Servants imbesselling their master's goods.  
Also you shall inquire of servants which have imbesselled their masters or their mistress' goods, being put in trust therewith, if it amount to xl. s. and upwards, it is felony. 21. H. ca 7. and the offenders shall suffer death in this case, and loose lands and goods.   

Witches and Sorcerers.  
Also ye shall inquire of Witches and Sorcerers, for if any of them have killed or destroyed any man, woman, or child, with Witchcraft or Sorcery, it is in them felony, and the offendor shall lo see both his lands and goods for it, 5. El.   

Rebellions.  

1. &. 5. Eli.  Also you shall inquire of Rebellions, Riots, Routs, and unlawful ass emblies, and that is where persons to the number of twelve or upwards, do with source unlawfully go about to altar Laws made by Act of Parliament, or any other Laws of this Nation, and being requ●●ed by the Keepers of the Liberty of England, by Authority of Parliament Officers, upon Proclamation to return to their dewllings, and yet do remain together by the space of one hour after such Proclamation made, or after do attempt the like thing, it is selony, 1. ●uz. And so it is where any such number have assembled themselves together to break, or dig up, or cast down any p●●es, hedges, ditches, or other enclosures, or to pul● up any pondheads. conduits, or pipes, to the intent to kill or destroy any Deer in any Park, Coneys in any W●●ren or Fish in any Fishponds, or have fired my dwelling house, or any barn, wherein any Corn was said, or any ●ick of Corn, or ring any Bell. sound any Trumpet, o● D●u●●, wind any Horn fire any Beacon, or speak any Rebellious words, or bring or sand any money, victual, harne ss, or weapon to any such rebellious persons, is felony, and the offenders herein shall suffer death, and loose lands and goods. Also there are concealers of the se offence, the which if they conceal four and twenty hours, they are to have nine months impris onment, without bail or mainprize; and Farmers and Copiholders aught to loose their Farms and Copyholds if they refuse to go to suppress such rebellion as is afore said.   

Felonies by the Common Law.  
Next, you shall inquire of felonies by the Common Law, and that is where any doth st●al to the value of twelve pence or upwards, or doth steal any marked Swans, or their signet, or their eggs, or ●ame Deer, or rob Churches, Chapels, Pigeon-houses, or dwelling-houses, or any upon the high way, though he take but the worth of a penny from him, it is felony, and the offendor shall die for it, and lo see his lands and goods, and so shall their accessary.   

Petty Larceny.  

18. Ed. 2.  Also you shall inquire of Petty Larceny, and those be such as steal pigs, geese, hens, chickens, corn out of fields, clotheses from hedges, or out of windows, rob orchards, or go in thiefs messages: the offenders herein are to have corporal puni shment, and so their accessaries: but they forfeit their goods if they have any.  
Now I must tell you that all those offences which I have already spoken of unto you, are but only to be here inquired of and presented, but not here punis head, but they are to be punished by the Justices of the shire upon certificate made thereof by the Steward of a Leet or Law day.  
But now follow the offences which are both here to be inquired of, presented, and punished.   

Affrays and bloodsheds.  
And therefore because man is the worthiest creature that God made, I will first begin to put you in remembrance of the Law made for his safety and preservation. You shall therefore first inquire if any man within your inquiry have broken the peace, or made any affray or bloodshed: if any have offended herein, you must present him or them, and the manner of it, with what weapon, for that it is forfeit to the Lord of this Leet, and the offendor or offenders are to be fined for such offence.   

Hue and Cry.  
Next you shall inquire whether hue and cry after thiefs and robbers have been duly pursued and followed as they aught to have been or no; if not, than you must present him or them which made default therein, for he forfeits five pound.   

Constables and Tythingmen to punish Rogues.  
Also you shall inquire how Constables and Thythingmen have executed their offices in punishing of rogues, vagabonds, and sturdy beggars which have come within their charge; for if they have been remiss therein, than they aught to loose twenty shillings for every default. No man or woman may be suffered to beg by the Law nor no man or woman may give any alms, upon pain of ten shillings for every time they give.   

Who are said to be Rogues.  
These persons by particular are said to be by the statute rogues, viz. Proctors of Spittlehouses, Parent- gatherers, or Collectors for Gaoles, prisons, or Hospitals, Fencers, Bearwards, common Players of interludes, Minstriles wand'ring abroad, Glass-men, Sailors, Soldiers, Scholars, and all other idle persons which go about begging.   

Stocks in every Tything.  
Also for the punishment of these offenders, you shall inquire if there be in every tything a pair of stocks, according as there aught to be by the statute or no: if there be not, than the tithing do loose five pound.   

Artillery to be maintained.  

33. H. 8. cap. 9  Al so you shall inquire whether every one have Bow and Arrows according to the Statute, or no; for every manchild from seven years old to seventeen aught to have a Bow and two Arrows, and every man from s eventeen to threescore aught to have a bow and four Arrows, upon pain of six shillings eight pence for every default; and parents aught to provide them for their children, and masters for their servants with their wages, or else they aught to undergo the penalty thereof.   

Butts in every Tything.  

33. H. 8.  And also for the exercise of Archers in shooting at times convenient, there aught to be Butts made in every Tything, Village, and Hamlet, or else e the Tything, Village, or hamlet aught to loose twenty shillings for every three months wanting Butts there.   

Plays or Games.  

33. H. 8.  Also you shall inquire if any Alehousekeeper or other person do keep any unlawful games in his or their house or houses or elsewhere, as cards, dices, tables, loggats, quoits, bowls, or such like, in this case the house- keeper loseth for every day forty shillings, and every player six ss hillings eight pence for every time.  
Also Constables aught to search monthly for such unlawful ga●●es and disorders in Alehouses upon pain of forty shillings, and they may arrest such as they found playing at unlawful games, and commit them to ward until they put in sureties not to play any more at any unlawful game.  
No man may play at any unlawful game insatiably, unless he can d● spend a hundred pound per annum in lands, fees, or offices, for life, at the lest: and he may not play neither in any open place where every one that will may see him, but in his house, ●or in his Orchard or Garden upon pain of six shillings eight pence for every time, except in the Christmas time; for than all men may play. 33. H. 8.   

Shooting in Guns.  

33. H. 2. cap. 6.  Next you shall inquire of such as shoot in hand-guns, or crossbows; for no man may shoot in them unle ss he can dispend a hundred pound per annum in lands, tenements, offices, annuities, or fees, neither may those shoot at any Pheasant, Partridge, Herne, Duck, Mallard, House-dove, Pigeon, Widgeon, Teal, or Heath-cock, upon pain of ten pound for every ss hoot.  
Also by another Law made 1. Jac. Reg. he that shoots in a Gun, Cro ss-bow, or longbow at any of the fowls aforesaid, or at any Hare or Deer, and cannot dispend ten pound yearly in lands, nor is worth two hundred pound in goods, s hall forfeit twenty shillings for every shoot, which shall be to the use of the poor of the Parish where such offence is committed, if the same be either confe ssed or proved by two witnesses, or else if the offendor be not able to pay the said penalty, or will not, than he must have three month's imprisonment without bail or mainprize. But if such offender can dispend ten pound per ann. or more, than he shall forfeit forty shillings to the use afore said, and found sufficient sureties that he shall offend therein not more.  
But by the same law all such as have plackards or licences, may kill Crows, Rooks, Choghes, Pies, jeyes, Ringdoves, and other small birds for Hawks meat only, with a gun, or otherwise.  
Next you shall inquire whether your high ways be sufficiently amended and made pas sable, as they aught to be or not, for to that end and purpose there aught to be two Supervisors chosen in every Parish, between Easter and Midsummer by the Con stables and Churchwardens, and there aught to be six days appointed for amending of the high ways, eight hours every day, upon pain of twenty shillings to be lost by the Supervisors. And every one that hath a cart aught to sand two able men with it, with tools fit for that ss ervice, or else to loose ten shillings for every day wanting, and every how shoulder aught to found an able man for that service, or else to loose twelve pence for every day wanting. And they aught most chief to amend the ways leading to market Towns, and they may gather stones in any man's ground, and also dig pits of ten yards square in any man's several for stones and rubbish (if it be needful) filling the same up again, without danger of Law. And they must turn springs, if they can out of the high ways; and trees and hedges which hung over the public high ways, must be cut and shredded upon pain of ten ss hillings for every default.   

Purprestures and Assarts.  

18. E. 2.  Next you shall inquire of Purprestures and Assarts, and that is where any Wall, Hedge, Ditch, or House is set, levied, or abated in the public high way, or any watercourse stooped or turned into the high way to hinder the pa ssage of the weal public, or any way annoyed them.   

Bonds and marks.  
Also you shall inquire whether any mear stones or stakes, bonds or marks, between this Lordship and any other, or between tenant and tenant, hath been removed since the last law day, or before, and not set in the usual place again, if there be any which have offended herein, you must present them.   

Highways or footsteps stopped up.  
Also if any high ways or foot paths to Church, Mill, or Market be stopped or hedged up, which have been accustomed to lie open, you must present him or them which shut it up, for the people of the Commonwealth must not be stopped of his lawful passage to Church, mill, or market.   

Common Bridges broken.  
Also if any common Bridges over Common Streams be broken, that by reason thereof the people of the Commonwealth cannot pass about their affairs and businesses, you must present those which aught to make them, upon a pain.   

Common pounds broken.  
And also if common pounds be broken so that they will hold no distress that is brought to them until they be delivered thence by order of Law, you must present those which aught to make such pounds, upon a pain.   

Sleepers by day, and walkers by night.  
Also you shall inquire of Sleepers by day, and walkers by night, to steal and purloin other men's goods and Coneys out of Warrens, Fish out of men's several ponds or Waters, Hens from Henrous e, or any other thing whatsoever, for they are ill members in a Commonwealth, and deserve punishment, therefore if you know any such pres enter them.   

Eavesdroppers.  
Al so you shall inquire of Eavesdroppers, and those are such as by night stand or lie harkening under wa●s or windows of other men's, to hear what is said in another man's house, to the end to set debate and dissension between neighbours, which is a very ill office, therefore if you know any such, present them.   

Forestallers, Regraters, and Engrossers.  
Also you shall inquire of Forestallers, Regraters, and Engrossers, evil members in a Commonwealth.  
A Forestaller is he which buyeth or causeth to be bought any victuals whatsoever going to any Fair or Market to be sold, and maketh any bargain for the buying thereof before the same be brought into the Fair or Market, or doth make any motion for the inhancing of the price of any victuals, or doth move or persuade any person coming to the Fair or Market with victuals, to absent and forbear his coming hicher with any victual to be sold there.  
Regrator is he that getteth into his hands in any Fair or Market, any Corn, Tallow, or Candles, or any dead victual what's oever, brought to any Fair or Market to be sold, and doth cell the s ame again in any Fair or Market, within four miles next adjoining thereunto.  
An Engrosser is he or she that doth engross and get into his or her hands, by buying or promise' taken, other than by demise, grant, or lease, of bond or bill, of Corn growing in the Fields, or any other Corn, Grain, Butter, Cheese, Fish, or any other dead victual what soever to the intent to cell the same again for profit.  

Their punishment.  For the first offence they aught to have two month's imprisonment, without bail or mainprize, and forfeit the value of the goods bought and sold.  
For the second offence they aught to have half a years imprisonment, and to forfeit double the value of the goods bought and sold.  
And for the third offence they aught to be set upon the Pillory, and to loose all their goods and chattels, and be impris oned during the Keepers of the Liberty of England by Authority of Parliaments pleasure.   

 sold with in five weeks.  
Also you shall inquire of such as use to buy  and to cell them again within five weeks, they aught to loose double the value of their .   

Of Butchers.  
No Butcher aught to cell in any open Fair or Market, any other victual than that which is good and wholesome for man's body, and for reasonable gains, and not at excessive prices.   

Shoemakers.  

5. Eliz.  They aught to make their Shoes, and Boots of good and well tanned Leather, and well licoured, curried and sowed, to keep men dry of their legs and feet.   

Tanners.  
Also you shall inquire of Tanners that have used the occupation of a Cordwainer, or a Currier, or that hath put any Leather to sale, but read Leather as it came from the Tansat, or that hath put any Hide or piece of Leather to sale, before it be well dried, marked, and sorted, and than sold in open market, or that hath tanned any sheep skins.   

Glover's.  
Also you shall inquire, whether Glover's, or white Tawers of Leather, do make any other ware, than that which is good and substantial, well tawed and dried, and not rotten nor tainted, and cell the same at reasonable prices. And a White Tawer may taw no Calf skins except they be put to him to be tanned, upon pain to lose for every Calf skin twenty pence.   

Bakers.  
Also you shall inquire whether the bakers do their duties or not, in making of good and wholesome bread for man's body, of sweet corn, and not corrupted, and that they make their bread in weight, according to the price of wheat, in three markets next adjoining, not changing the as size of bread, but by six pence in weight in increasing or abating, and if they do the contrary, and be thereof duly convicted, than for the first, second, and third time they shall be amerced after the quantity of their fault, and shall loose from time to time their bread so found too light in weight, but if they shall be found faulty herein the fourth time, than they must be set upon the pillory in open Market, whose punishment may not be released for gold or silver.  
Also a Baker must set his own proper mark jupon every loaf of bread that he maketh and selleth, to the end that if any bread be faulty in weight, it may be than known in whom the fault is.   

Brewers.  

5. H. 3.58. E. 3.  Also you shall inquire of Brewers, and Tiplers, whether they make good and wholesome Ale and Beer for man's body, or not, and s el and utter the same according to the Laws and Statutes of this Nation. And also they aught not to put out their sign or Ale-stake until their Ale be asseyed by the Ale-tas ter, and than to cell, and not before.   

Fishers.  

25. H. 8. ca 7.31. H. 8. ca 2.  Also you shall inquire of Fishers, whether they do their duties or not, in bringing to the Market such Fi●h as good and wholso me for man's body, and not corrupt to or stinking, and there cell the s ame at reasonable prices, without taking of any excessive gains, but only for every twelvepences bestowing, one penny clear gains over and besides their charges, and if any Fisher shall do the contrary, than he shall be grievously amerced from time to time, and his Fish if it be corrupt and stinking to be taken from him and openly burned in the Market.  
Also no person may kill or destroy any young Fry of Fish, in what soever River, fresh or salt; nor kill or take any Salmon or Trout, or any Pike or Pickeril, not being in length ten inches of clear Fis h or more, nor any Barbel except he be twelve inches long in clear fish or more, upon pain of twenty shillings for every fish so taken and killed being not of the several lengths aforesaid.  
Also no man aught to fish with any Net or Engine, angling only excepted, but with such Net or Trannel as every meash shall be two inches and a half wide, except Nets only to take Loches, Mennas, Butheads, Gudgeons, Eels, and none other Fish, upon pain of twenty shillings for every time offending, and loss of the fish and the unlawful Net.   

Conspiracy of victuallers.  
Al so you shall inquire of the conspiracy of Victuallers, and that is where any Butcher, Baker, Brewer, Poulter, or Cook, shall or do cons pire, promise, or make oath, that they will not cell their victuals but at certain prices, or if any artifieers, or labourers do con spire, promise, or covenant likewise not to do the work which others have begun, or will do but certain work in a day, or will not work but at certain hours and times, than every such person so cons piring, promising, swearing, and offending, being thereof lawfully convicted, shall forfeit for the first offence ten pound, if he have it to pay, than he must pay it within six days after his conviction, or else he is to have twenty day's imprisonment, and have only bread and water for his sustenance, and for the second offence twenty pound to be paid as is aforesaid, or else to suffer punishment on the Pillory, and for the third offence, he shall loose forty pound to be paid as is afore said, or else to be set upon the Pillory, and loose one of his cars, and ever after to be taken as an infamous person. 
2. E. 6.  And if such conspiracy shall hap to be made by any Company or Corporation, they s hall loose their Corporation, besides the penalty and the particular punis hment aforesaid.   

False Weights and double Measures.  

5●. E. 3.  Also if any within your inquiry, shall use any false Weights or double measures in deceiving of the Commonwealth, in buying with a great measure, and in ss elling with a lesle, the offender thereof therein shall be grievously punis head and imprisoned until he hath made fine with the Keepers of the Liberty of England, by Authority of Parliament for his offence.  
No man aught to cell any corn, ale, bread, or wine, but by a measure sealed with this letter H. upon pain of forfeiture for the first offence six shillings eight pence; for the second offence thirteen shillings four pence, and for the third offence, twenty ss hillings and to be set on the Pillory, to the example of others; and the measure not sealed to be broken, all which forfeitures are to the Lord of the Liberty where such offence is committed, and if it be in a City, or Borough, than it is to the Mayor and Commonalty.  

1. Jacob.  Also you shall inquire of such as use to trace Hares in the snow, or to kill Hares with harepipes, or other egines, by an old Law they forfeit six ss hillings eight pence for every Hare so killed, but by a latter Law made in the first year of the late King James, twenty shillings  
No Lay man may lawfully keep any Greyhound, or Hunting Dog, Ferits, or Nets, unless he can dispend forty shillings per annum, Freehold, nor no spiritual man unless he can dispend ten pound per annum, of spiritual promotion, upon pain of a years imprisonment.   

Crow net.  

5. Eliz.  Next you shall inquire if there be in every Paris h and Tything within your inquiry a Crow net, provided to kill and destroy Crows, Rooks, and Choughes, according to the Statute, or not, if there be not, they aught to loose ten shillings for every default, and it is not enough to have one, but it must be used, and scrapes made in the winter to that purpose, upon the like pain, but house-doves and pigeons may not in any case be taken with it. 
5. Jacob.    

Apparel.  

24. H. 8.  And you shall inquire of such as exceed in apparel contrary to the Statute, for no man except he may dispend twenty pound yearly in lands for his life at the leas t, or is worth two hundred pounds in goods, aught to wear any silk on his hat, hose, shoes, girdle, scabbard or spurleathers, upon pain for every days wearing of it ten pound, and three month's imprisonment; and if any man know his servant to offend herein, and do not put him away, and not take him again within a year after, doth forfeit a hundred pound for every such offence by the same Statute, and the se persons only are accepted out of the Statute, viz. The Council of State, the Barons of the Exchequer, Judges of the Law, Sergeants at Law, Mayor and Recorders of Cities and Towns corporate, and their wives.   

Refuse to go to muster.  
Also you shall inquire if any have refu sed to go to Musters, if there be any such they aught to loose forty s hiling, and to have ten day's imprisonment.  
Al so no man aught to water any Hemp or Flax in any running stream, upon pain of twenty shillings.   

Drunkards.  

●. jacob.  Also you shall inquire of Drunkards, for they aught to be presented, and to pay if they be able for every time they be drunk five shillings to the use of the poor of the Parish where the offence is committed, if not able, than after con viction thereof, they aught to sit six hours in the Stocks.  

●. jacob.  Also an Alehousekeeper aught to loose twenty shillings for every pot they cell that is not a full quart, and ten ss hillings for suffering any Town sman to sit drinking in their houses, except he be brought thither by a stranger, and than he may not stay there above one hour.  
And Brewers by the same Law aught to loose for every barrel of Beer or Ale six shillings eight pence, which they lay into any man's seller to be sold there by retail by any that is not licened to cell Ale or Beer.   

Waifes, s trays, and felons goods.  

18. E. 2.  Also you shall inquire of waises, strays, and felons goods. Waifes are  stolen and waved out of the possession of him that stole them, and strays are  strayed out of their haunt, and they aught to be seized upon to the Lords use, and to be wreathed and put into an open place, and not in a covert, to the end the owner may have the view of them, and they must be cried at three Market Towns next adjoining to the place where they are s trayed, and if they be not challenged within a year and a day, than they belong to the Lord o● the soil where they are, by the Law, otherwife not.  
Which is all manner of felons goods which may presently after the felony is known to be committed, be seized upon, but not take away but left with the township, for the fellow must have his finding out of it so long as he lives unconvicted or attainted, but when he is convicted or attained, his goods than properly belong to the Lord of the Leet, if he have words for it in his Charter, otherwise they belong to the keeper's of the Liberty of Englandby Authority of Parliament.   

Treasure trove.  
Also you shall inquire of Treasure troves, either upon the ground, or within the ground, for if any hath been found within the jurisdiction of this Court, it belongs to the Lord of this Leet or Law day.   

Mortmain.  
Also you shall inquire if any man hath given any lands in Mortmain, that is, to any Religious house, or Religious person, or to any Corporation, Guild, or fraternity, without licence, such gift is voided, and the Lord may enter by way of Escheat.  
Also you shall inquire if the pains laid at the last Leet or Law-day be performed or not, if not, than you must pres enter them that have made default, and than those pains must be read to the Jury.  
And to conclude, if there shall any other thing come to your knowledge meet to be presented, and by any omitted to be given in charge, you shall as well inquire thereof, and present it as the re s t.    

Than cause the Bailiff to make three Proclamations, and say thus: If any man can inform the Steward of this Leet, or his inquest of any petty Treason, Felony, petty Larceny breach of Peac●, or of any other matter or thing now given in charge, 〈◊〉 them come forth and they shall be heard.  
And if any do come in, than swear them thu●: that the evidence which they shall give, shall be the truth, and the whole truth, and nothing but the truth, so God them help, and the contents of this Book, than adjorn the Court till after dinner.  
Than at your return from dinner, call all the Tythingmen and take their presentments.  
And than that done, take the pres entments of the Jury, if they be ready with them, or else give them a day to bring in their presentments, and than commonly is the best service done.  
Than swear all the officers to their several offices that are than and there to be s worn.  
Than adjorn the Court until the day given to the Jury to bring in their presentments, but if they have no day given them, you may discharge the Court by Proclamation thus, viz. according as other Courts are discharged.  
Than at the day when the Jury delivers in their presentments, you must first call them by their names to see if all be there or not, and than ask them if they be agreed of their pres entments, if they say they be, than receive their presentments in writing in English, under their hands, for the Steward's warrant.  

Petty Treason.  
IN primis, The Jurors aforesaid, say and present on their Oath, that R.S. of A. Gentleman, at A. within the jurisdiction of this Court, as a fellow of the Commonwealth, one hundred pieces of gold, and three hundred groats falsely and feloniou sly coined, and made, letters patents of, etc. thence first not obtained, against the peace public, and against the form of the Statute in such case put forth and provided.   

Felony for burning a house.  
Also they present that a certain T.D. Yeoman such a day, etc. at I. within the jurisdiction of this Court, by force and arms, etc. voluntarily and feloniously of his malice forethought, the house of a certain I.S. burnt against the peace public, therefore is it commanded the Bailiff to seize all his lands, tenements, goods and chattels, that he may answer them to the Lord of the Manor.   

Felon.  
Al so they present that W.P. of I. aforesaid labourer, such day, etc. at A. within the jurisdiction of this Court, by force and arms, etc. and against the peace public, the close of a certain A. B.at I. aforesaid, broke and entered, and one ss vite of s atten of black colour, of the goods and chattels of the aforesaid A. than and there found, feloniously took and carried away, therefore is it commanded to the bailiff to seize, as above.   

Accessary.  
Also they present that W.S. of I. aforesaid Yeoman within the jurisdiction of this Court, counselled, instigated procured, comforted, and abetted a certain H.W. etc. one Cow of black colour of the price of thirty shillings, of the goods and chattels of a certain E. F. than and there found feloniously to steal, take, and lead away, and the foresaid L. by force of the said council, in stigation, procurement, comfort, and abetting of the afore said W.S. the aforesaid Cow such day, etc. year, etc. feloniously stole, took, and led away.   

Rape.  
Al so they present that A.B. of I. Yeoman, such day, etc. at I. within the jurisdiction of this Court, the close and house of a certain C.B. broke and entered, and upon a certain K. C.the daughter, etc. in the peace of God, and the Commonwealth being ass ault made, and her by force and arms than and there against her will ravished, and her carnally knew, against the peace, etc.   

Felony.  
Al so they present that A.B. of I. aforesaid, Yeoman such day, etc. at I. within the jurisdiction of this Court, about the hour of nine in the night of the same day, the house and mansion of a certain C.D. as a fellow of the Commonwealth, broke and entered, with the intention to spoil the aforesaid C.D. and six Angels of gold, of the goods and chattels of the aforesaid C.D. than and there in a certain chest being feloniously took and carried away, against the peace, etc.   

Robbery.  
Also they present that E.F. of I. aforesaid labourer such day, & c. at I. within the jurisdiction of this Court, by force and arms, and against the peace, etc. upon a certain T. B.at, etc. within the jurisdiction of this Court, in the high way, there in the peace of God, and the Commonwealth, being assault made, and him T.B. than and there spoiled, and sixteen ss hillings, and one Angel of gold, of the goods and chattels of the aforesaid T. B.in a certain his purse, than and there being from the person of him T. B.feloniously took and carried away, against the peace, etc.   

Hutes s.  
Also they present, that the aforesaid T.B. being spoiled rai sed a great hue and cry, and the aforesaid E.F. as a fellow of the Commonwealth, the said day and year, from the aforesaid place where so spoilt he was, freshly pur sued, as far as the aforesaid town of, etc. and that no inhabitant there the aforesaid fellow upon the hue afore said followed, and so the aforesaid fellow escaped in contempt of the keepers of the Liberty of England, and against the form of the Statute of Winchest. in such like case put forth and provided, therefore the aforesaid town of, etc. is amerced, etc.   

Flight he made.  
Also they present that E.L. of I. aforesaid Yeoman such day and year, etc. at I. within the jurisdiction of this Court, a certain gelding of black colour of the price, etc. of the goods and chattels of a certain A.B. in the common field there being feloniously s toll, took and lead away, therefore is it commanded to the bailie to seize two cows of the goods and chattels of the aforesaid E.L. as an e s cheat, and to the Lord forfeit, and that safely they be kept to the use of the Lord, or thus, if it be for the Commonwealth, to the use of the Commonwealth.   

Es cape.  
Also they present, that when a certain B. R. of I. aforesaid Yeoman, taken was, and arrested, for suspicion of a certain felony, and in the stocks put, a certain I. F. of I. aforesaid labourer such day and year, etc. at I. aforesaid, the afore said stocks by force and arms, feloniously broke, and the foresaid B.R. than and there to escape, and at large go permitted, against the peace, Therefore is it commanded to the bailie as before, etc.   

Felony in rescuous.  
Also they present, that T.I. of I. afore said, within the jurisdiction of this Court one Calf of the price, etc. of the goods and chattels of a certain I.B. than and there found, feloniously took and carried away, and that W.O. bailie of the manor aforesaid such day and year, etc. at I. aforesaid, the afore said T.I. for suspicion of the selony aforesaid arresied, and that W.F. of I. labourer by force and and arms, etc. at I. aforesaid, the said day and year, upon the afores aid W.O. in the peace of God and the Commonwealth, being as salt made, and the afores aid T. I in the custody of the afore said W. than and there feloniou sly took, got away, and res cued, and at large to go permitted, against the peace, etc. therefore to the bailie commanded is, as above, etc.   

Felon of a Dovehouse.  
Also they present that A.B. of I. aforesaid, Yeoman such day and year, etc. at I. within the jurisdiction of this Court, about the hour of one in the night of the same day, a certain Dove-house of a certain, etc. broke and entered, and forty Pigeons of the price of, etc. of the goods and chattels, etc. feloniously took and carried away against the peace, etc. therefore, etc.   

Felon of a Do Dome stick.  
Also they present that I.W. of I. aforesaid gentleman, such day and year, etc. at I. within the jurisdiction of this Court, a certain Do Domestic, and bearing a caperane about her neck, of the price of, etc. of the goods and chattels of a certain, & c. than and there found feloniously took and carried away against the peace, and therefore commanded is it to the bailiff, etc. as above.   

Felon of a trunk broken.  
Also they present that I.L. of I. aforesaid Yeoman such day, & c. at I. aforesaid, within the jurisdiction of this Court, about the first hour of the night of the same day, a certain trunk of a certain, etc. broke, and entered, and ten fishes called Pikes, of the price, etc. of the goods and chattels of the afore said, etc. from the trunk of the s ame, etc. than and there feloniously took and carried away against the peace, etc. therefore, etc.   

Petty Larceny.  
Also they present that P.I. of I. aforesaid Yeoman such day, & c. the clo see of a certain; etc. at I. broke and entered, and one towel of the value of six pence of the goods and chattels of the afore said, etc. than and there found, feloniously took and carried away, therefore, etc.   

Selling in the Churchyard.  
Also they present that W.B. and T.B. of I. aforesaid Butchers such day, etc. within the precinct of the view of Frankpledge laid out their flesh, and other things venal in the Church, and Churchyard of I. to cell them; which where divine service is celebrated, and men's bodies are buried, they sold against the form of the Statute ofWinch. in such like case set forth and provided, therefore are they amerced, etc.   

Chattels waved.  
Also they present that a certain M.S. came within the juri sdiction of this Court, and hither brought certain goods and chattels by him stolen, viz. One Smock, one Petticoat, and one Shirt; all which aforefaid are of the value of twenty ss hillings and no more, all which and singular hither by the foresaid M. were brought, and the same M. here within the jurisdiction of this manor, these waved left and fled, by which all the goods and chattels aforesaid came to the Lord of this manor upon the afore said. Commanded it was to the Bailie to seize into the hands of the Lord, as an escheat, and to the Lord forfeit, and so did he, and the goods and chattels afores aid were delivered to the Lord in this Court.   

Common fine.  
Also they say that they give to the Lord in certain for the Common fine at this day of ancient custom six shillings eight pence.   

Default of Dec●…iners.  
Also they pray sent upon their oath that I.R. R.W. and I.W. are resident within the view of Frank pledge aforesaid, and at this day have made default, therefore is every of them amerced as it appears upon their heads.   

Nusance of water.  
Also they present that R.C. of I. afores aid Yeoman, has diverted the common course of a certain rivulet, leading by the house of a certain T.H. out of the right course in which it used to run; therefore is it commanded him, to suffer that rivulet to run in its right and ancient course, by the feast, etc. under the penalty, etc.   

Nusance of boughs, etc.  
Also they present, that there is a certain hedge of great thickness, and that the boughs thence hung beyond the venelle called the public lane, to the Nuisance of carriages, beyond the same venelle, to be carried in defect of W.C. therefore is it commanded to him to cut or lordship that hedge by the feast, etc.   

Nusance of a gutter.  
Also they present, that there is a certain gutter, leading from the house or Kitchen of T.I. by which the filthy or stinking water of the said Kitchen is conveyed into the public way, to the grievous nuisance of the way public, and of all carriages beyond it, to be carried by the people of the Commonwealth; therefore is it commanded him, that to amove or stop up, by the feast, & c.   

The common ways.  
Also they present, That the common way leading by the field called Prebends field, is the common way for leading or riding, and so used was from the time whose contrary in the memory of man is not, and because the gate and the bridge beyond the further bridge, aught to be maintained and kept by the Land tenants, and now are not; therefore is it commanded, the same gate and bridge, to mend, and repair before the feas t, etc. under the penalty, etc.   

Nus ance of a dunghill.  
Also they present that R.W. has erected a certain Dunghill against his house near the public way, to the nuisance of the people of the Commonwealth; therefore commanded it is to him, that to amove and eary thence by the feast, etc. under the penalty, etc.   

Nusance of a Ditch.  
Also they present that there is a certain ditch unscoured and unclean in defect of R.S. to the nuisance, etc. therefore is he amerced twelve pence, and commanded it is to him that to scour and maka clean by the feast, etc. under the penalty, etc.   

An Hostess of whores.  
Also they present that A.B. widow, is a common Host s s, and receiver of whores, and of women of bad fame and conversation, to the grievous nu sans of her neighbours; therefore is she amerced two shillings.   

A scold.  
Also they present that N.C. widow, is a common scold with her neighbours, and a common breaker of hedges, and keeps a certain W.C. her son in her house e, and he is not of good fame or government, therefore are they amerced as it appears upon, etc.   

Trespass.  
Also they present that a certain A.B. s ervant of W.C. Baily of the Lord, as he was leading certain  of a certain R G. to the pound of the Lord there to impound them, came a certain D.P. with great violence to the pound aforesaid, with one sword of the value of five ss hillings, and than and therethe aforesaid A. B, struck with the s ame sword on his head, and spilt blood upon the same A.B. by occasion of which blow the aforesaid B. fell to the ground, as if dead he had been. Therefore the aforesaid D.P. is amerced, and affer. by the chief pledges to five shillings.   

Trespass and Battery.  
Also they present that I.S. made an affray within the juri jurisdiction of this Court, and drew blood, therefore is he amerced six shillings eight pence.   

Default of a Constable.  
Also they present that W.G. is Constable, and is not here at the view of Frankpledge, to present that which to that office belongs, but has made default, therefore is he amerced three shillings four pence.   

Common apprisers.  
Also they present that B.R. and W. G.are common apprisers, and aught to be here to present that which to that office belongs, and made default, therefore are they amerced three shillings four pence.   

Searchers of Victuals make default.  
Also they present that R.B. and C.D. are searchers of Victuals, and ss hold be here at the view of frankpledge to pray sent that which to that office belongs, and made default; therefore each of them is amerced two shillings.   

Scowrers of streets make default.  
Also they present that T.I. and W.I. are scowrers of streets, and aught to be here at the view of frankpledge, and made default, therefore is each of them amerced six pence.   

Estray.  
Also they present upon their Oath, that the twentieth day of May, the year, etc. there came within this Lordship, one horse e of colour grey an estray, and remains in custody X.D. to be proclaimed.  
Also they present that there is one 〈◊〉 colour bay, of age four years or more, which came within this Lord ship an estray the ninth day of September, the year, etc. of the price of twenty four ss hillings, and remained in the custody of the Bailie by the space of one year, and one day, after three Proclamations three several days made according to the form of the Statute, therefore the property of the same Colt is in the Lord.   

Bakers amerced.  
Also they present that W M. twelve pence, and R.B. twelve pence, are common Bakers of man's bread, and divers times have baked bread unwholesome, and broken the A ss. therefore is each of them amerced as it appears upon their heads.   

Brewers amerced.  
Also they present that R.W. twelve pence, and I.D. twelve pence, are common brewers of Ale, and have brewed several times Ale unwholesome, and broken the Ass. therefore is each of them amerced as it appears upon their heads.   

Tiplers amerced.  
Also they present that E.W. twelve pence, and W. X twelve pence by their wives are common Tiplers of Ale, and by unlawful measures have sold Ale and broken the Ass. therefore is each of them amerced, as it appears upon their heads.   

Penatly Set.  
First, Ordained it is that B.R. make and scour his ditch at the neither end of great hill-field, containing by estimation twenty perches, by the feast of the Nativity of Saint John Baptist next coming, under penalty for every perch there eight pence.   

Penalty.  
Al so ordained it is that T.M. reform and expose a certain parcel of land lately by him encroached, betwixt Wash-lane and Pickam common, before the feast of all Saints next coming, under the penalty for every perch not reform and exposed twenty pence.   

Penalty.  
Al so ordained it is, that no man permit his beasts, viz. his Oxener Cows to go into or feed upon the common of this Lord, but in the lanes to this manner belonging, without a keeper, under penalty of forfeiture to the Lord for every of them every time two pence.   

Penalty.  
Al so ordained it is that W.I. amove his dunghill lying by the way public against his house, before the feast of Easter next, under the penalty of forfeiture of ten ss hillings to the lord of this manor.   

Penalty.  
Al so ordained it is, th●t I.F. make an● maintain a bridge in his clos e, called great Co●mans, in the way leading from Alton town, under penalty of forfeiture of ten shillings to the lord.   

Penalty.  
Al so ordained it is that every man yoke or ring his hogs before the feast of Saint Michael the Archangel next, and those keep so yoked or ringed until the feast of Saint John Baptist than next following under penalty of forfeiture to the lordfor every hog, every week three shillings four pence.    

Than there rests no more to be done at a Leet or a Law day, but to minister to every officer his particular oath, and first the Mayor's oath, if there be one there, and that must be thus:  

The Mayor's Oath.  
YOu shall swear that you well and truly shall serve the keepers of the Liberties of Englan●, by Authority of Parliament, and the Commonwealth, in one office of a Mayor, and as Mayor of this Town and Borough of P. for and during the space of one whole year now next ensuing; and you shall minister equal ju stice as well to the poor as to the rich, to the best of your cunning, wit, and power; and you shall diligently procure such things to be done, as may honestly and justly be to the profit and commodity of the Corporation of this Town; and also endeavour yourself to the utmost of your power to see all Heresies, Treasons, Felonies, and all other Trespass says, Misdemeanours, and Offences whatsoever to be committed within this Town and Borough, during the time of your office, to be repressed, reformed, and amended, and the offenders duly punished according to the Law. And finally you shall support, uphold, and maintain the Commonwealth within this Town, prescribed customs, rights, liberties, juri sdictions, tranchises, compositions, and all lawful ordinances of this Town and Borough; and as concerning all other things appertaining to your office, you shall therein faithfully and uprightly behave yourself for the most quietness, benefit, worship, honesty, and credit of this Town, and of the inhabitants thereof, So help you God, and the holy contents of that book.   

The O● th' of the Recorder.  
YOu shall swear that you well and truly shall serve the keepers of the Liberty of England, by Authority of Parliament, and the Mayor, Aldermen, and Burgesses of this Town and Borough of P. in the office of Recorder, and as the Recordor of this Town and Borough of P. ye s halbe faithful and just and give good advice and counsel unto the Mayor, Aldermen, and Burgesses of this Town, for & concerning any matter or cause that shall concern or touch the Franchiles, Liberties, and good orders of this Town, whensoever they shall require or desire you s o to do, you shall not utter or disclose any of their secrets or council, touching the Fellowship or Corporation of this Town, whereby any prejudice, loss, or hindrance, or s lander, shall or may arise, grow, or be to the same Corporation: And further ye shall do to your power, wit, and cunning, all and every thing that shall appertain to your office for the most benefit, worship, and credit of this Town, and of the Inhabitants thereof. So help ye God and the contents of this book.   

The Oath of the Town Clerk or Steward.  
YOu s hall swear that you well and truly shall serve the Mayor, Aldermen, and Burgesses of this Town, in the Office of Steward and Town Clerk of this Town and Borrough of P. and truly to see all Plaints, Actions, Process, and matters in the Courts to be holden before the Mayor, Aldermen and Burgesses of this Town, and by you or your sufficient Deputy, according to custom and Liberties of this Town, to be entered and recorded as they aught to be, after the best of you cunning wit, or power, taking for the same you due fees and the perqui sits, issues, profits, and amerciaments of the same Courts; you shall justly and truly writ and extract yearly, for the levying and gathering thereof; and you shall truly and diligently do and accomplish all other things appertaining to your said office after the best of your knowledge, as near as God shall give you grace. So help you God and the contents of this book.   

The Oath of the Coroner, if there be any.  
YOu shall swear, that you well and truly shall serve the keepers of the Liberty of England, by Authority of Parliament, and the Commonwealth, in the office of a Coroner, as Coroner of this Town and Borough of P. and you shall diligently and truly do and accomplish all and every thing and things appertaining to your office after the best of your cunning, wit, and power, for the most quietness, profit, ease, and credit of this Town, and the inhabitants thereof, taking such fees as you aught to take by the Laws and Statutes of this realm. So help you God, and the contents of this book.   

The Oath of the Receivers.  
YOu shall swear that you well and truly shall serve the Mayor, Aldermen, and Burgesses of this Town of P. in the office of Receivership, and as Receivers of the s ame Town for and during the space of one whole year now next ensuing, and ye shall reasonably and honestly procure the profit of the Corporation of this Town, in those things which touch your office; and ye s hall all so well and truly Collect, levy, and gather all and all manner Rents, Revenues, Casualties, Duties, and Profits belonging unto the said Office, and the same shall truly pay and deliver, and true declaration and account thereof make at the time appointed for payment and account thereof to be made, without concealment: and further, you shall diligently give attendance to the Mayor of this Town and Corporation according to ancient cousin tome; and every other thing belonging to your office you shall well and truly do and accompli accomplish the best of your skill or power. So help ye God, and the contents of this book.   

The Oath of the Chamberlain, and general Receiver.  
YOu shall swear that you well and truly shall serve the Mayor, Aldermen, and Burgesses of this Town and Borough of P. in the office of Chamberlain or general receiver of this Town, and therein shall you do right to all manner of people both poor and rich in those things which touch your office; the receipt of the money due or belonging to the Mayor, Aldermen and Burgesses of this Town and Corporation, you shall truly and safely keep, and have always in a readiness to the use and behoof of the Corporation of this Town whensoever occasion shall serve, and not waste or di spend the same, but make true declaration and accunt thereof, when you shall be thereunto required without concealment, according to the credit and trust to you committed in this behalf, So God you help, etc.   

The Oath of a Burgess.  
YOu shall swear that you well and truly shall serve the keepers of the Liberty of England by Authority of Parliament, and the Inhabitants of thi● Town & borough of P. as one of the Burgesses of this Town, and shall minis ter equal justice to poor and rich, after the best of your cunning, wir, and power, and als o shall well and truly observe, perform, fulfil, and keep all such good orders, rules, and compositions, as are or shall be made, ordered, or es tablished by the common-councel of this Town, for the good government thereof in all things to you appertaining, and you shall not utter or disclose any counsel or secret thing or matter, touching the Fellowship or corporation of this Town, whereby any prejudice, loss, hindrance, or slander shall or may arise, grow, or be to the same corporation, but you shall in all things belonging to the fellowship and corporation of this Town, faithfully, honestly, and indifferently behave yourself, for the most benefit, worship, and honesty of this Town, and the Inhabitants thereof, So God you help, etc.  
The like Oath is to be minis tread to an Alderman, muratis mutandis.   

The Oath of the Cons tables.  
YOu and either of you shall swear, that you well and truly shall ss erve ●e keepers of the Liberty of England by Authority of Parliament, and the Mayor, Aldermen, and Burge sses of this Town and Borough of ●●in the office of Constableship, and as Constables of this Town, for and during the space of one whole year now next in's ving; you shall endeavour yourselves to the utmost of your powers, to see the public peace to be kept, and watch and ward obs erved and kept in this town, as hath been accustomed, and as it aught to be: likewis e you shall endeavour yourselves to learn and understand the contents of the Statute of Winchest. and divers other Laws and Statutes of this Nation made for the puni s hment of rogues, vagabonds, and s turdy beggars, haunting and resorting within the precinct of your office, and punish the offenders accordingly. Also you shall punish all such persons as do or s hall play at any unlawful games. according to the Statute in that case made and provided. You shall also have regard for the maintenance of Artillery within your said office, and that you shall do and accomplish to the uttermost of your powers, So help you God, etc.   

The Oath of the Sergeants.  
YOu and either of you shall swear, that you well and truly s hall serve the Mayor, Aldermen, and Burge s ses of this Town, in the office of a Serjantship, and as Sergeants of this Town, for and during the space of one whole year now next coming; and you shall well and truly serve, do, and execute all and all manner precepts, warrants, and commandments to you and either of you to be lawfully given and directed, touching or concerning any matter, cause, or process, to be moved, had, or depending in the keepers of the Liberty of England, by Authority of Parliament court, to be holden within this Town, according to the liberties thereof, or at large, and shall make due returns and answers thereunto, and make Certificate thereof, according to the effect of such Precepts, Warrants, and commandments, taking therefore your ordinary fees, and none other: And also you shall diligently give attendance unto Master Maior, and wait on him, as hath been accustomed, and as you aught to do, and his commandments mess ages truly to do and say, and not altar the same, so that it may be prejudicial or hurtful unto the said Master Maior or any other: and likewise you shall give attendance and be aiding and assisting unto the Con stables of this Town, in any thing that they or either of them shall reas onably and lawfully command or will you to do: and you shall diligently and truly do all other things appertaining to your said office, to the utmost of your power. So help you God, and the contents of this Book.   

The Oath of a freeman.  
YOu shall swear that you shall be true and faithful to the keepers of the Liberty of England, by Authority of Parliament, and to the government of the Commonwealth of England, as it is now established, and to your power shall aid and assist the Mayor and other officers of this Town for the time being, and to them shall be obedient and attendant concerning such things as they or any of them shall lawfully and reasonably will or command you to do; you shall also well and truly observe, perform, fulfil, and keep all such orders and rules as are and shall be made and established by the Common Counsel of this Town, for the good government thereof, in all things to you appertaining: you shall also give, yield, and be contributory to and with the Corporation of this Town, so far forth as you aught or shall be chargeable to do, and you shall not by colour of your freedom bear out, or cover under you any foreign person or s tranger, but according to the best of your skill, wit, cunning and power, you shall uphold and maintain all the Liberties, Franchises, good customs, orders, and usages of this Town and Corporation. So help you God, etc.   

The Oath of the Tithing-man or petty Constable.  
THe Oath of the Tythingman or petty Constable is in all points as the the Oath of the Constable, mutatis mutandis, saving further that the Tythingman must be s worn to be attendant on the Constable when he shall execute his office, being thereunto required.   

The Oath of an Ale-taster.  
YOu shall swear that you shall well and truly serve the keepers of the Liberty of England, by Authority of Parliament, and the Lord of this Leet in the office of the Ale- taster, or Assizor of this Liberty and Hundred for this year to come; you shall duly and truly see from time to time, that the bread brought to be sold be truly weighed, and that the same to contain such weight, according to the prices of Wheat, as by the Statute in that behalf is provided: likewise you shall have diligent care during the time of your being in office, to all the Brewer's and Tiplers within your office, that they and every of them do make good and wholesome Ale and Beer for man's body, and that the same be not sold before it be as said by you, and than to be sold agreeable to the prices limited and appointed by the Jus tices of Peace; and all faults committed or done by the Bakers, Brewers, or Tiplers, or by any of them, you shall make known, and present the same at this Court, whereby due punis hment may be inflicted upon them for their offences accordingly, and in every other thing you shall well and truly behave yourself in the said office for this year to come, So help you God, etc.   

The Oath of fealty to a Freeholder.  
YOu shall swear by the contents of that book, that you will be true and faithful to the Lord of this Manor, and shall from henceforth bear, do, and pay to your said Lord and to his heirs, at terms ass igned, all such Rents, Customs, and Services, as you aught to pay and do for all such lands and tenements as you claim to hold of him, So help you God, etc.   

The Oath of the Y●●gling.  
THis hear you the Steward and the Court that I shall swear, that I will true faith and troth bear to the keepers of the Liberty of England by Authority of Parliament, and to the government of the Commonwealth of Englandas it is now establi shed: And I shall with all my power, wit, and endeavour, defend and maintain the right and title of this Commonwealth against all foreign Princes and foreign Potentates, and shall no felony nor treason commit, nor thereunto assent, but as soon as any trea son shall come to my knowledge, I shall make the same to be known to the keepers of the Liberty of England by Authority of Parliament, or to the Justices of the Peace public, within four and twenty hours next and immediately after it shall come to my knowledge, and shall be obedient to all the Laws of England, and in all things I shall well and truly behave myself like a true and faithful member of this Commonwealth during the term of my natural life, So God me help, etc.   

The Oath of a Desnier.  
YOu shall swear that you I. S. from this day during you life, s hall be faithful to the Keepers of the Liberty of England, and you shall hear of no hurt or damage that may befall them, but you shall disclose it, and to the uttermost of your power you shall defend them, So God you help, etc.   

The Oath of the Heyward.  
YOu shall swear, that you shall well and truly serve the keepers of the Liberty of England, by Authority of Parliament, and the Lord of this Leet in the office of a Heyward for this year to come; you shall duly and truly execute all such Attachements and other Process as shall be directed unto you from this Court: and you s hall from time to time signify and present all such Pound breaches as shall hap to be made within your office.  
And likewise you shall present all such  estrayed, as shall usually come within your office, and in every other thing well and truly behave yourself during the time afore said. So God you help, etc.   

The Oath of the Affiers.  
YOu and either of you shall swear by the holy contents of this book, That you will truly and indifferently tax, assess, and affier all such amerciaments as are pray scented at this Court; wherein you shall spare no man for love, favour, affection, or corruption, nor raise or enhance upon any man (of malice) more grievous Amerciaments than shall be thought reasonable, according to the quality of the offence, and the faults committed, and not otherwi se. So help you God, etc.   
Than must the Steward command all men to ss tanned by, and the two Affiers to stand as near him as they can, and he must read unto them every presentment that aught to be affied, and so that they may rate them accordingly until they have done, and than discharge the Court thus:   

Conclusion.  
The Bailiff must t make an O yes, and say after the Steward thus: If any man have any more to do at this Court, let him come in, and he shall be heard, or else every man may departed for this time in God's peace and the public, and keep your day here according to custom, if it be a cousin tomary Leer, otherwise it must be upon a new warning. And s o God save the Lord of this Leet or Law-day, and make us all his servants, Amen.   

Now I will show you how Manors took their beginning, and within what Manors a Court Baron shall or may be kept, and within what Manors they may not, as followeth.  
Perkina fol. 127. saith, That the beginning of Manors was, when the King gave a thousand Acres of Land, or more or lesle, to a man and his heirs for ever. And before the Statute of Quia emptores terrarum, A man seized of Land, enfeoffed another of ten Acres, another of twelve Acres, a third of twenty Acres, to be holden of them elf, and the Tenants to do him service, and pay him a quit rend, and so by this means by continuance of time out of the memory of man, such donor or feoffor had a Manor.  
Also, 33. H. 8. tit. Compris e. A man at this day cannot make a Manor; For although that a gift in tail be made to divers to hold of the donor by his services or suit of Court, although this be a tenure, yet it cannot make a Court, for it cannot be without prescription.  
Also if a man have a Manor, and all his free suitors but one do commit felony, or die without heirs general or special, whereby their land escheats, or if the Lord purchase their lands, the Manor is destroyed; for it cannot be a Manor without Suitors, there must be two at the lest, as it appeareth by 35. H. 8. tit. Tenors 102. m. And in 26. H. 8.4. Two Copartners made partition of a Manor, so that either of them had parcel in demesne, and parcel in service; in this case either of them hath a Manor, and either of them may keep a Court Baron, i● either of them have two Suitors; otherwise not. But 12. H. 4.15. Partition is made of a Manor, so that one copartner hath the demeans, and ●he other the services, suit of Court in this case is sus pended; and so long as the manor continues so, there can be no Court kept. And 8. H. 7.4. it is held, That a Court Baron is incident to a Manor, of common right, so that within every Manor there aught to be a Court Baron, although there be no ss viters belonging to it, or although by partition the suit is suspended, as is aforesaid. And 34. H. 6.53. But note, That divers are called Manors, where there are not free Suitors, but only Copy-holders', Ad voluntatem Domini secunaum con●uetu ●linem Manerii. And yet those ss eigniories are called Manors, and there are Court Barons kept to grant Copiholdes tastes; otherwise they cannot be granted by Copy, but by lease they may, and by that means a Manor will be utterly destroyed.    

THE Manner and form how to keep a Court BARON.  ss THE Court Baron of I.F. and P. his wife, there held the twelfth day of October, the year. &c. by me I.W. Steward there. 
Than command the Bailiff to make an O yes, and say after you thus, All manner of persons that have any thing to do at this Court, draw near and give your attendance, and if any man will be essoined or enter any plaints, let them come forth and they shall be heard.  
Than let the Bailiff say after the Steward, Essoines and proffers of suit or plea three times for this Court, and if any will be essoined, let the essoiny for suit of Court be entered thus:  I.S. Essonied is for suit of Court by T.D. 
And if any will enter any plaints, than let them enter their plaints thus.  W.K. plains against I.H. a plea of debt or trespa ss, or taking or injust determing of his beasts, or such like. 
Than call the Freeholders, and so many as make default, present their names and mark them over the heads thus.  



Richard W. Knight Amerced two pence.  
and M. B gentleman, Amerced two pence.   are freeholders of this Court and have made default, therefore each of them is amerced as appears upon their heads.  


William. Kelsey. Jur.  
Joh. Valour. Jur.  
Rob. Corpse. Jur.  
Joh. Matthew. Jur.  
Joh. Newman. Jur.  
Matheus Bull. Jur.  
Joh. Heult Jur. and  
Thomas L. Jur.     

The Foreman's Oath.  
YOu shall swear that you as Foreman of this Homage, with the rest of your fellows, shall duly inquire, and true presentment make of all such Articles and things as shall be given you in charge, and therein you shall not spare no man, for love, favour, or affection, nor present any man for malice, hatred, or envy, but according as things here presentable, shall or may come to your knowledge, by information, or otherwise, so shall you make thereof true presentment without concealment, So God you help, and the contents of this book.   
Than call the rest of the Homage, and swear them by four at a time thus; The same Oath that W. Kelsey your Foreman hath taken before you one this part, you and every one of you shall observe and keep of your parts, So help you God and the contents of this book.  
Than let the Bailiff call them by name, and bid them stand near and here their charge.  

An exhortation to the Jury before the charge.  
SIRS, You that be sworn, before I enter into your Charge, I purpose by God's assistance to deliver unto you the causes of your assembly here together, which are two; one is, for that you hold lands of the Lord of this Manor, some as Freeholders, and some as Copiholders, and therefore by reason of your tenors you aught to appear at this Court so often as it shall be kept, and here to do your suit and service, or else to be amerced; and the other cause of your coming hither, is to get knowledge by hearing of the Laws and cousin tomes of this Court dilated upon unto you, and hereby you may be the better taught, in's tructed, and enabled to know how to perform your duties in doing well and eschewing evil. And for that you shall the better consider and inquire of, and present all things which are now here presentable, I have ministered unto you a corporal oath, which oath standeth upon three parts (that is to say) upon Truth, Judgement, and Justice: It s tandeth upon truth, for that you aught to present nothing but the Truth, and likewise not to omit any thing that is true and presentable here unpre scented; It s tandeth upon Judgement, that you do not present any thing rashly or unadvisedly, but certainly to know the truth thereof before you do present it; And it ss tandeth upon Justice, that you do not for favour, affection, corruption of money, or other reward, for fear of any man's does pleasure, or for any private gain or profit, leave any thing unpresented that is here pres entable, neither for malice to present any thing contrary to the truth. These three principal things you aught duly to cons ider of, and so hoping that you will have a special care thereof, according to your oaths and duties, and the trust that is reposed in you, I will cea see to trouble you any further at this time by way of exhortation, and proceed to your Charge.   

The Charge.  
FIrst, you shall inquire whether all such persons as own suit and service to this court, be here to do the same or no: and if any make default, you must present their names.  
And I must tell you, If there be two Coparcenes, or two joint-tenants which do own suit and service to this Court for any Lands which they hold of the Lord of this Manor, the one of them aught to be here to do the same, suit, and the other aught to be contributer to his charge.  
Also if any Tenant having twenty acres of Land granteth or letteth the same to twenty several persons, in this case every one of those twenty aught to do such suit and s ervice as hath been accustomed to be done for the same Land.  
Also, you shall inquire if any Tenant be dead since the last Court, or before, and his death as yet not pray scented, than you shall inquire what Land he held of the Lord of this Manor, and by what tenure or service he held the same, whether by Knights s ervice, Soccage tenure, or by Copy; and what benefit or advantage is fallen to the Lord by his death; whether ward, marriage, relief, escheat, or any other profit, and who is his next Heir, and of what age he is, and in whose cousin tody he is: For if any Tenant which holds by Knight's service die, and his heir male under the age of twenty one years, and not married, than the Lord s hall have the ward ship and marriage of such heir male: but if it be a female and under the age of 14. years, and not married, than the Lord s hall have likewise the wardship and marriage of such heir female ● and if the heir male be 21. years at the death of his ancestor: or the heir female fourteen years, than the Lord shall have only a relief, which ●s, if they held by a whole Knight's fee, a hundred shillings: if by the moiety of a Knight's fee, fifty shillings, and so according to the rate of their tenure.  
Also if any tenant which held by Soccage tenure be dead, his heir being under the age of fourteen years, the Lord aught to have the value of his land for one year for a relief, which is due immediately after the death of the Tenant; and the next of kin to the heir to whom the inheritance cannot descend, aught to have the wardship of such heir.  
Al so if any customary Tenant or copiholder, hold two parcels of land by herriot service, and by several copies, if such tenant die thereof seized, the Lord aught to have two herriots.  
Also you shall iniquire whether any of the Lords tenants be dead without heir general or special; if there be any such; than the Lord aught to have his land by Es cheat.  
Also if any Bastard hath purchased any land within this Lord's hip, and is dead without issue of his body lawfully begotten, than the Lord aught to have his land by Escheat.  
Also if any Freeholder of this Manor hath committed felony, and thereof hath been attainted, that is, either hath confessed the felony, or hath been convict by verdict of twelve men, or fled, and thereupon outlawed for the felony, in this chse the Keepers of the liberty of England by authority of Parliament must have year, day and waist in his land, and after it aught to come to the Lord by Escheat.  
Also if any Copiholder hath committed felony, and therefore hath been attainted as is aforesaid, than the Lord may enter into his Copyhold for a forfeiture.  
Also if any Copiholders hath lea said his Copyhold for any longer time than a year and a day without the Lords licen s e, is is a forfeiture of his Copyhold, unless he may do it by the cousin tome.  
Also if any Copiholder deny to pay his rent, or deny to come to his Lord's Court, or deny to be sworn of the homage, or deny to go with his Lord to suppress rebels, every one of these denials is a forfeiture of his copyhold. Also if any copiholder hath sold any of his copyhold land by deed, and made livery of seisin thereof according to the deed, it is a forfeiture of so much as he hath so sold.  
Also if any Copiholder hath cut down any Timber trees within his Copyhold without licence, or lopped any Timber trees there at an uns easonable time of the year, by reas on whereof they die, either of both is a forfeiture of his copyhold.  
Also if any copiholder s uffer his copyhold tenement to decay and fall down for lack of reparations, it is a forfeiture of his copyhold.  
Also if a copiholder be a Recusant, if his Lord also be not a Recusant, he aught to forfeit his copyhold estate according to the statute Law made ann. 35. El.  
Also if any copiholder have surrendered his copyhold tenement into the hands of two of the tenants since the last court to the use of any person, every such surrender aught to be presented at this Court, or else the tenants which took such surrender, aught to forfeit their copyholds, because it may be thought if they do not present it, that they go about not only to defeat the Lord of his fine, but also to disinherit the party to who see use the same ss urrender was taken.  
Also if any Copiholder having two Copyholds, hath impaired the one to amend the other, this is a forfeiture of the Copyhold that is impaired.  
Also if any Villain or Bondman of blood, hath purchased any Land within his Lordship, the Lord may sei se both it and such villain's goods at his pleasure.  
Also you shall inquire whether any Tenant of this manor hath given any of his lands in mortmain, That is to s aye, to any religious house, religious person, and their successors, or to any Guild, Fraternity, or corporation, and their successors, without the Keepers of the Liberty of England, by Authority of Parliaments licence, and the Lords of this Manor, for it is here inquirable and presentable, to the end that the Lord if there be any such grant made, may make his claim within the year and the day, according to the ss tatute in that case made and provided.  
Also if any Tenant hath sold his land by Deed, and hath not given notice thereof to the Lord, nor he which bought it hath not done his fealty to the Lord, or suit of Court, so that by reason thereof the Lord doth not know who is his tenant, therefore you aught to present it: for it is very needful and necessary, that the lord should know who is his Tenant, by reason of his services and escheats which may grow due unto him.  
Also if any Tenant within this Lordship hath suffered any house of husbandry to decay by taking of the land from it to lay it to another, in this case the Lord aught to have the moiety of the profits thereof to his own use, until it be made and maintained a Husbandry again, and this you aught to inquire of for the Lords benefit.  
Also if any Tenant hath enclosed any land which hath been accustomed to lie open without the Lords licence and the Freeholders, you must present it, for he cannot justify the doing thereof.  
Also you shall inquire whether any of the Lords lands within this Manor be withholden from him, and held and occupied without his licence, if there be any such thing, than you must inquire by whom it is withholden, and what land it is, and what it is worth by the year, and how long it hath been withholden that the Lord may recover his damage for the withholding thereof accordingly.  
Also you s hall inquire whether there be any rend custom, or service, behind and unpayed to the Lord of this Manor, by whom it is due, and what rent, custom, or service it is, how long it hath been withholden, and where the land lieth, that the Lord may does train for the arrearages thereof.  
Also you shall inquire if any Bailiff or other officer of this Manor, hath made any arrest for any rent, cum stome, or service, due to the Lord of this Manor, and rescouse therein hath been made; you aught than to present him or them which made the rescouse, and where and when it was done.  
Also if any distress hath been taken and put into the lords pound, and hath been taken out from thence without leave or authority of the law, than such taking is a pound breach, and here inquirable and pres entable.  
Also if any tenant doth surcharge the common by putting more  there than by the custom he aught to have go there, or by putting of  there not commonable, as pigs, goats, and geese, and such like, you must present them.  
Also if any Tenant of this Manor, having two Farms, one in this Manor, and another in another Manor, doth use in the Summertime or open time of the year, when Corn and Hay is housed, to bring  from his other farm unto his farm within this Manor, which hath been usually kept at his other farm out of this Manor, this is called chase, and here requirable and punishable, unless these  be kept within his own ss everal grounds, and not in the common fields.  
Al so if any man hath removed any bounds or marks, meer-s tones or stakes, between this Lordship and any other, or between tenant and tenant, you must present their names; for it is an evil ossice, and they deserve to be punis head for it.  
Also if any man hath fished, hawked, or hunted within this Lord ship, without the leave or licence of the Lord of this Manor, you must present them, for they are the Lords Realties, and therefore no man can lawfully come here to do either one or the other without his leave.  
Also if any tenant by reason of his tenure aught to grind at the Lords Mill, if he do it not, you must present him.  
Also if you know any man that keepeth, deraineth, or withholdeth any of the Lords evidences of this manor, as court ro●s, rentals, or immuniments appertenant and belonging to the Lord of this Manor, you must present them, for it is fit that the Lord should have the custody of this Evidence himself.  
Also if there was any thing pained at the last Coure to be done, and as yet is not done, you must inquire who have made default therein, and present his heirs, or their names: And you shall likewise inquire of all other things which you shall think needful to be inquired of, by me omitted, and not given you in charge, a swell as if I had given you it in charge, and so bring in your presentment in writing by one of the clock in the afternoon.   
Than let the Bailiff make an O yes, and adjorn the the Court till after dinner thus:  
All manner of persons that have an● more to do at this court, may departed for this time, and keep their hour here at one of the clock in the asternoone.  
And than after dinner, call the Jury for their presentments; and if they be ready, take them, and swear two Affiers to affier them, as before at the Leet.  
This being done, let the Bailiff make an O yes, and discharge the court thus. All manner of persons which have any more to do at this Coure, let them come forth and they shall be heard, or else they and every one else may departed for this time, and keep their day here upon a new warning, and so God save the Commonwealth of England, and the Lord of this Manor.  

Fealty to be ministered to a customary tenant.  
YOu shall swear that you shall be true Tenant, and faith and truth shall bear to the Lord of this manor, and to his heirs, for all such customary Lands and Tenements as you claim to hold of him, by virtue of your copy for term of your life: you shall also well and truly bear, pay, and do all such rents, customs, and services as are and shall be from time to time to be paid and done for the said lands to your said Lord, and his heirs: you shall also be justified by your Lord and his officers, in every thing as a cousin tomary Tenant aught to be justified; and you shall in every other thing well and honestly behave yourself o long as you shall be Tenant, So help you God, and the contents of that Book. And so let him kiss the Book to affirm his Oath.   
But this Oath must be ministered before the Court be ended.  

The Oath of the Reeve or Bailiff of a Manor.  
YOu shall swear that you shall well and truly serve the keepers of the Liberty of England by Authority of Parliament and the Lord of this Manor for the year to come, in the office of the Reeve or Bailiff of the same Manor; and you shall duly and truly gather all such rents, revenues, or other yearly profits as s hall be extracted out unto you, and thereof you shall make and yield up a true account at the end of the said year, and in every other thing you shall well and honestly behave yourself in the said office during the time aforesaid, So help you God and the contents of that Book. This must also be done before the end of the Court.   
And the presentments are to be put into this form by the Steward of the Court thus, viz. next after the presentment of the freeholders, for their defaults, the copiholders thus:  

Default of Copiholders.  
Also the Jury say upon their Oath, that W.I. four pence, and J.R. four pence, are tenants by Copy Rolls of the Court, and own suit to the Court, and at this day hath made default, therefore is each of them amerced as appears upon their heads.   

Death.  
Also they pray sent that W.N. who of the Lord held freely one message, and thirty Acres of meadow and pasture, with the appurtinances within this Lordship, by fealty and s vit of Court and by rent annual of six pence, died of such estate so seized and that R.I. is the son and next heir of the aforesaid W.I. and is of the age of ten years, and to this Court came the afore s aid R.I. and paid to the Lord for relief six pence, and made fealty.   

Alienation.  
Also they say upon their oath, that G.B. who of the lord held freely one message, one Orchard, and six acres of meadow with the appurtinences, by his deed indented bearing date the sixth day of I. the year, etc. gave, granted, bargained, and sold, all and singular the premises aforesaid, with the appurtinences to R.K. of, etc. to have and to hold all and ss ingular the premises aforesaid with their appurtinences to the afore s aid R. K. his heirs and assigns of the chief lords of the fee by the rent s ervices and customs, etc. thence heretofore due, and of right accus tomed, and the premises he holds of the Lord of this manner by fealty and suit of Court and by rent annual of 12. pence, and at this Court the said R.K. made to the Lord fealty.   

Legation.  
Also they say upon their oath that W.A. who of the Lord held freely one message or tenement, and twenty acres of land called H. by fealty, suit of Court and by rent annual of six pence died seized, and by his last will written made, bearing date the 28. day of Sept. the year, etc. devi sed the message or tenement and the aforesaid twenty Acres of land to certain R.A. and T.A. his sons, by the name of all his lands, tenements, and hereditaments, situate lying and being in I. afore said, to have and hold the aforesaid message or tenements to the s ame R.A. and T. A.their heirs and a ssigns for ever, to the proper behoof and use of them R.T. their heirs and e ssignes for ever. Therefore is it commanded to the Bailie to the strain the afore said R.A. and T.A. according to the form of a Statute in that case provided to pay relief, and also does train to do fealty.   

Upon Surr.  
Also they say upon their oath, that R. R.tenant customary of this manor, out of Court surrended into the hands of the Lord, by the hands of W.T. and R. W.two customary tenants of this manor, all that me ssuage and thirty acres of land meadow and pasture with the appurtenances now in the tenure and occupation of R.B. to the behoof and use of the aforesaid R.R. for tenure of his life natural, and after the decease of the said R. R.then to the behoof and use of T.B. and the heirs of the body of the said T. lawfully begotten, and for defect of such issue of the body of the said T.B. lawfully begotten, to remain to I.I. the son of R.I. gentleman, his heirs and a ssignes for ever; and they say that the aforesaid R. is dead, and now to this Court the aforesaid T.B. comes and requires to be admitted to all and singular the premises aforesaid, and at this Court the Lord by I Khis seneschal, has granted thence to him seisin by the verge; to have and to hold to him T.B. and the heirs of his body lawfully begotten; and for defect of such issue, to remain to the behoof and use of the said I.I. and his heirs for ever; and the aforesaid T.B. gave the Lord as for his fine four pounds, and he did to the Lord fealty and is admitted thereof Tenant.   

Surrender by the Seneschal taken.  
At this Court witnessed is by W.T. seen s ch. that W.N. on his death bed lying the tenth day of A. the year, etc. surrendered into the hands of the Lord, by the hands of the same Senesch. (absent being the Court) in the presence of R.C.R.P. and C. H one tenement called M. in which now dwells W.G. with all his lands and tenements, within the manor of I. to the behoof and use of M. his wife for term of her life, and after the decease of her M. to remain thence to W. T. the s on of the aforesaid W the father and G the daughter of the same W. the father, and the si star of the afores aid W. the son, and to their heirs; ●et upon condition following, that if it hap any of the aforesaid W. the son or G. the daughter, to dye without heir of his or her body issuing, that than he or she which soever shall survive, shall have and enjoy the tenements aforesaid to his, or her and their heirs for ever; and upon this came into this Court the afore said M. and requires to be admitted to the tenement afore said with the appurtenances, to whom the Lord by I. K, his seen sch. granted thereof seisin by verge to have to her in form aforesaid, at the will of the Lord according to custom of the manor, and she gives to the Lord her fine for her entrance thereupon to be had, and maketh to the Lord fealty and admitted is thereof tenant.   

Death of the Copiholder.  
Also at this Court found it is by the homage that a certain W.W. one of the sons and heir of R.W. deceased, held of the Lord to him and his heirs according to the custom of the manor, the moiety of two me ssuages or tenements, and of one garden with the appurtenances in I. and long before this Court died thereof seized within the age of ten years, and in the custody of R.W. according to the custom of the manor, and that S.W. is the brother and sole heir of the aforesaid W.W. and of full age, who pray sent is here in Court, and requires to be admitted to all the Lands and Tenements C●s tomary of which he the aforesaid W. W.dyed sei sed viz. to the aforesaid moiety of two Messages or Tenements, a loft and garden with the appurtenances within that Manor, to whom the Lord by I K. his Seneschal, granted thereof seisin, to have and to hold to him and his heirs of the Lord by verg, at the will of the Lord according to Cuckoe stome of the Manor aforesaid, by the Rent, Customs and Services therefore heretofore due and accustomed; And he giveth the Lord for a Fine for his Entrance as it appears ovet his head; And maketht to the Lord fealty and is admitted thereof Tenant.   

Surr. in Court.  
Also to this Court came I.T. and s urrendered into the hands of the Lord ten acres of land more or lesle, with the appurtenan●es called S. four Acres of Land more or lesle called K. and four Acres of meadow more or les s called C. customary to the behoof and use of R.B. gentleman, his heirs and essignes for ever by verge at the will of the Lord, according to custom of the manor aforesaid, to which R. B.the Lord by his Senesch granted seisin to have and to hold to him and his heirs of the Lord by the rent of ten shillings by the year, and other services; therefore heretofore due, and he giveth the Lord for a fine for his entrance thereupon to be had, four pound, and made to the Lord fealty, and is admitted thereof tenant.   

Death of a parcener.  
Also the homage say upon their oath, that a certain R.S. who of the Lord held as parcener by custome of the manor, nine acres of land customary, with one grange, together with T.S. his brother to him and his heirs, died about the last Court so seized, and that a certain I.S. is son and next heir of the same R. as to the moiety of the aforesaid land and grange aforesaid, and is of age eight years, and upon this as well the custody of the aforesaid I.S. as the land and grange afores aid are committed to a certain S. I.as to his good friend, etc. And he found pledge in Court E.N. to tender to the aforesaid I. the profits thereof, when the age of fourteen years he should attain.   

Enchrochment.  
Also they say upon their oath that R. W.has encroached upon the waist of the Lord at C. in length ten yard lands, and in breadth one yard land, therefore he is amerced, etc. and ordained it is that he expose the same before the feast of Saint John Baptist next under the penelty of forfeiture to the Lord for every yard-land two ss hillings six pence.   

Rescuous.  
Also they say upon their oaths that G. B. the Bailie of the Lord such day and year, etc. within that Lordship des trained H.H. for rent of the Lord than by the ss aid H.H. behind and not paid, And that the aforesaid H. than and there rescuous made upon the s ame G.B. therefore is he amerced, etc.   
The form and manner of divers grants and surrenders, aswell of Copiholders of inheritance, as also of Copyholds for lives, as followeth.  

Broxhead.  
ss. TO the Court of the manor there held the fourteen day of Febr. the year, etc. came N. R. and took out of the hands of the Lord one mess vage and yardland with the appurtinences in B. lately in the tenure of J.A. to have to him and R.P. his son, and to A. now the wife of the said N. for the term of life of them, and either of them longest living successively according to the custom of the manner afores aid by the rent and service, before thence due and accustomed, and he giveth to the Lord for such estate; so thereof to be had three pound, and make there the Lord fealty, and is admitted thereof tenant, and the fealties of the aforesaid R. and A. are respited until, etc.  
By I.W. Senesch there.   

Forfeiture of Cop and retaking.  
To this Court, etc. the homage present that P.C. lately the relict of I.C. which of the Lord held, during her widowhood according to the custom of the manor one message, & c. with the appurtinences in A. took for Husband R. L. by which forfeited she has her estate in the premi sses, and so remaineth it in the hands of the lord, upon which proclainat. made is, If any one, &c, whereupon came the afores aid R.L. and took out of the hands of the lord one message, etc. with the appurtinences, to have to him for term of his life, according to custome of the manor aforesaid, by rent and services thereof before due, and of right accu stomed, and he giveth to the Lord for a fine, such state so thereof to have, six pound and maketh to the Lord fealty, and admitted is thereof tenant.   

Grant of reversion.  
To the Court, etc. came W. H.and took out of the hands of the Lord, the reversion of one mes suage, etc. with the in Y. now in the tenure of J. H.widow lately the wife of W.H. to have and to hold the reversion aforesaid, to the aforesaid W. H.and B. his son, for term of the lives of them, and either of them lunges t living successively according to the custom of the manor aforesaid, when by the death surrender or any for feiture of the foresaid I. in any manner done or committed to the hands of the Lord to come it shall hap, by the rent and serzices thereof before due and of right accustomed, and he giveth to the Lord for a fine for such reversion so thereof to be had seven pound, and his fealty is re spited until, etc.   

Death.  
THe Jurors present, that I.C. who of the Lord held one tenement with its appurtenances in I. in which I.C. the father of the aforesaid I lately dwelled deceased about the last Court, whence fell to the Lord for Heriot one Ox of the price of forty ss hillings delivered to the use of the lord of this manor, whereupon proclam. made was in Court, If any man, etc. upon which came Ann the relict of the aforesaid I. and claims the premis says during her widowhood, according to the custom of the manner by rend works, cousin tomes and services thereof due and accus tomed, etc.   

Surr. and retaking.  
TO this Court came C.W. who of the Lord held by Copy roll of the Court dat, etc. one Tenement, etc. with the appurtenances in E. sometime in the tenure of R.C. and all those e surrendered into the hands of the Lord, and all his estate title and interest in the premi sses with that intention that it would please the Lord a new grant thereof to him the afores aid C. W. and others to make, according to the custom of the manor afores aid; upon which surrender there fallen to the Lord for He jot of agreement twenty ss hillings; and into the same Court came the said C.W. and took out of the hands of the Lord the said tenement, etc. with its appurtenances, to have to the s ame C.W. R and I.W. his sons for term of life of them and either of them longest living successively, according to the custom of the Manor aforesaid, by the rent, works, customs, and s ervices thereof before due and of right accustomed, and for such estate and entrance so thereof to be had, the aforesaid C.W. gives the Lord for fine 26. l. and maketh to the Lord fealty, and so the aforesaid C.W. admitted is thereof tenant, and the fealties of the aforesaid R. and I. respited are until, etc.   

Grant of Copyhold of Inheritance by the Yard.  
AT this Court the Lord granted out of his hands by I.F. his chief Senesch to T.D. & A. his wife, one Mess, etc. with all the appurtenances lying at B. to whom the Lord by by his Senes ch aforesaid granted seisin to have to them and their heirs of the Lord by the Yard, at the will of the Lord, according to the custome of the Manor aforesaid, and they give the Lord for a fine for entrance threreof to be had, as it appears upon their heads, and he made to the Lord fealty, and is admitted thereof tenant   

Grant for annual Rent.  
AT this Court the Lord granted by I.F. his Seine s chal to T.B. and M. his wife one Me ssuage with six Acres of land, etc. with the appurtenances, to the afores aid T. M. their Heirs and As s ignes, at the will of the Lord, according to the custom of the Manor, rendering therefore yearly to the Lord his heirs (and successors if the Lord be a Bishop or Dean, etc.) 6. s. 8. d. for all and singular the services at two terms of the year, viz. at the feast of S. Mich. the Archangel, and the Annunciation of the blessed virgin Mary, by equal portions, and they give to the Lord for a fine, etc. and made fealty, and are admitted thereof tenants.   

Court in ancient Demesne.  
TO this Court held there such day and year, A. C. the son and heir of I.C. came, and surrendred into the hands of the Lord one Message, etc. in D. within the Jurisdiction of this Court, to the behoof and use of T.H. his heirs and assigns for ever, by virtue of bargain or partition betwixt them made, and upon this public proclamation in the same Court made was, that if any man any right or title to the same Message, Land, etc. or in any parcel thereof pretend will, or has, he should come and be heard, and no man came at this Court, wherefore according to the custom of the Manor afores aid, the Mess. and Land etc. remain should in the hands of the Lord, until the third Proclamation them concerning be made, whereupon day is given to the parties aforesaid, to be at the next Court of the Manor afore said, to hear thereof their judgement upon the Premis es.  
And at this Court held there such day and year, as well the afores aid A.B. as the aforesaid T.H. came, and hereupon the second Proclamation made was concerning the Premis es, that if any man any right or title to the same Message Land, etc. has or pretends, he should come and be heard, and no man came, and upon this day was given to the parties aforesaid to be here at the next C. of the Manor aforesaid, to hear thereof their judgement upon the premises.  
And at this Court there held such day and year, as well the aforesaid A.C. as T.H. came, and hereupon the proclamation made was upon the premises, that if any man any right or title to the aforesaid Mess vage land, etc. or in any parcel of these has or pretends, he should come and be heard, and no man yet came, whereupon the Lord by I.H. his senescale granted hath, sei sin of the aforesaid Message, etc. with their appurtenances aforesaid to T.H. to be held to him, his heirs and assigns, according to the custom of the Manor aforesaid, and he gives to the Lord for a Fine for his entrance, etc. and made to the Lord fealty, and is admitted thereof Tenant.   

Otherwise in ancient demesne where the wife is examinned.  
AT the Court held there such day and year, T.B. of N. and E. his wise in the presence of the Court alone examined and confessed, surrendered into the hands of the Lord, one Message and half an Oxgang of land, with the appurtenances in D. called R. to the use of W.C. of O. whence fell to the Lord one horse for Heriot, and upon this came the said W.C. and took of the Lord the said Message, etc. with the appur● enancee, to have and to hold, to him and A. his wife, and the heirs and assigns of him W. for ever, according to the custom of the Manor aforesaid, by the rend customs and ss ervices thereof before due and accus tomed, and they give to the Lord for a Fine for entrance to have in the said Message and other the Premises, etc. and they made fealty, and are admitted thereof Tenants.   

Surrender to the Bailie out of Court.  
At this Court, etc. found it is that T.C. out of the Court surrendered into the the hands of I.B. Baily in the presence of D.R. and other the Tenants of the L. of this Manor this witne ss. one acre of Land in R. heretofore the Land of T.R. to the use of W.I. to whom the, Lord thereof granted ●eisin, to be held to him and his heirs, etc.   

A Surrender upon Condition.  
TO this Court, etc. came I.C. and s urrendred into the hands of the Lord, one Cottage lying, etc. to the behoof and use of I.A. to be held to him and his heirs of the Lord at the will of the Lord, according to the custom of the manner, under the Conditions following, viz. if the aforesaid I.A. pay, or to be paid cause to the aforesaid I.C. xl s. at the Feast of Saint John Baptist, and all Saints next coming, after the date of this Court by equal portions, that than the present surrender to be of s trength and effect, and if he fail in the payment aforesaid, in part or in whole, that than well may the aforesaid I.C. and his assigns to reenter, and again have the afore said Cottage, this ss urrender in any thing notwithstanding, and he giveth the Lord for a Fine, etc. and made fealty, and admitted is thereof Tenant.   

Grant of a Copyhold forfeit.  
AT the Court, etc. held such day and year, etc. commanded it was to the Bailie to seize into the hands of the Lord, one Tenement with the appurtenances lately in the tenure of I.B. called R. for that he aliened and sold the said Tenement to a certain T.U. without the Licence of the Lord, etc. And thereof shall he answer to the Lord for the issues until, etc. And in this same Court the Lord of his grace special hath granted the ss aid Tenement with appurtenances to the aforesaid I.B. to whom the Lord thereof hath granted seisin to have to him and his heirs, etc. of the Lord at will according to the custom of the Manor afore said, and he giveth the Lord for a Fine, etc. and hath made to the Lord fealty, and admitted is thereof Tenant.   

Copy for term of years.  
AT this Court the Lord by I.F. his ss enescale granted to E.R. one Message, etc. with the appurtenances called A. to have and to hold to him and his as signs, from the Feast of Saint Mich. the Archang. next to come after the date of this Court, to the end and term of forty years from thence next following, and fully to be completed, rendering therefore annually twenty ss hillings at two terms of the year, viz. etc. by equal portions; provided always that during the term aforesaid, the aforesaid Lord shall find Timber, Mertar, & Wood, as often as neces sary it shall be the said Tenements to mend, repair, and sustain, and he giveth the Lord a Fine, etc. and made the Lord fealty, and admitted is thereof Tenant.   

Release in Court of a Title.  
AT this Court held, etc. found it is that the Lord by T. P his senescal, at the Court held at C. such day and year granted into the hands of W.P. and to his heirs one piece of ground containing about three acres of Land more or lesle, s ometime the Land of T.C. in A. lying there betwixt the Land of A B. on the South part, and the Land of W. S.on the North part, to have and to hold, etc. at the will of the Lord, according to the cousin tom of the Manor, and after came a certain A.W. before the aforesaid T.P. senescale of the Lord, and pretends to have title to the said piece of Land, and here present in the Court, remised, rel eased, and for ever quit claimed, to the afores aid W. P.and his heirs by licence of the Lord at his right and claim which she ha●●r had, or for the future have may in the aforesaid piece of Land, and in any parcel thereof, so that viz. neither he A, nor his heirs, nor any other in the name of them, any right or claim in the afores aid piece of land hereafer make or challenge may, but from all action of right or claim be excluded for ever by these present sand giveth to the Lord, &c, and maketh fealty, etc.   

Grant to the heir after the Father's death.  
AT this Court held, etc. found it is, that I, Bdyed seized, after the last Court, who of the Lord held to him & his heirs one tenement called E, and died thereof seized, and they say that R.B. his son is next heir, and of full age, or within age, if he be within age, viz. of 12 years, and in the custody of T.W. or R.M. his brother or kin s man, and present here in Court, sues to be admitted, & admitted is thereof tenant, to hold to him and his heirs of the Lord at the will of the Lord, according to the custom of the Manor, etc. and giveth the Lord for a fine, etc. and maketh to the Lord fealty, etc.   

Otherwise of an entail with remainders.  
AT this Court found it is, that R.B. of A. at the Court held such a day and year, etc. at E. surrendered into the hands of the Lord one tenement, etc. called C. to the use of R. B.the son of the same R. and A his wife, to whom the Lord granted seisin to hold to them and the heirs of their bodies lawfully begotten. And if the afore s aid R. and A. his wife shall die without heirs of their bodis lawfully begotten, that than the aforesaid tenements, etc. with the appurtenances, shall remain to the right heirs of him R.B. And now this Court is informed by the whole homage, that the afores aid R and A are dead without heirs lawfully betwixt them begotten, and the aforesaid R B. likewise, and hereupon comes I.B. brother and heir of the aforesaid R.B. and sues to be admitted, and admitted is tenant, etc. and by licence of the Lord, the afore said I.B. s ve to be admitted to the aforesaid tenement with the appurtenances, to whom the Lord thereof granted seisin, to hold at the will of the Lord according to the custom of the Manor, and giveth the Lord for a fi●e, etc. and maketh to the Lord fealty, etc.   

Otherwise. A copy for life, with divers Remainders over.  
TO this Court came A.T. and surrendered into the hands of the Lord one Message & 8 Acres of land customary called I, that the Lord may do thereupon at his will, and the Lord thereof had sei●●n, and of his grace special he regramed the afore said Me ssuage and land to the afore said A.T. and K. his wife, during their lives, so that after the decease of them, the aforesaid land and tenement should remain to the right heirs of him A. T.for ever, to hold to the same A.T. and K. his wife during the life of them by the verge at the will of the Lord according to the custom of the Manor in form aforesaid, saving the right of every man, and the afores aid A.T. and K. gave the Lord for a fine, etc. and made fealty, etc.   

Surrender out of the Court and Remainder with condition upon the deathbed.  
AT this Court found it is, that R. I.languis hang on his deathbed, surrendered into the hands of B.R. out of the Court by the hands of I.H. in the presence of A.C. and B. D tenants of this Manor, this Test. one Mess vage with the appurtenances, etc. to the use of A. the wife of the afores aid R.I. to hold to her by the service therefore due according to the custom of the Manor for term of her life, so that after the death of the said A, the afores aid Mess. shall remain to I. the son of the aforesaid R. and A, and the Heirs of his body lawfully begotten. And if it shall hap that the said I. shall die without Heir of his Body lawfully begotten, that than the aforesaid Messuage by the Executors of either of them longest living be sold, and the moneys thence received, and arising on the poor, and other alms to be disposed, and distributed, as to them best shall ss eem expedient, to whom the Lord thereof granted seisin to hold in form aforesaid, at the will of the Lord according to the custom of the Manor, and they give the Lord for a s in, etc. and make fealty, etc.   

Supplication of the Tenant to the Lord.  
TO this Court came R.C. instantly s upplicating, as he for many times bypast hath supplicated, and proffers the Lord a fine annual, for the reason of exemption, that he of grace special and favour, because of old age,, infirmnesse & weakness of his body, may be exonerated hereafter, from all and singular Inquests, Juries and Offices whatsoever, as well in this town as elsewhere within the said Manor to be cast upon him and assigned. Wherhfore out of respect of his old age, together with his infirmnesse and weakness under the fine annual in name of the exemption therefore proffered and his ss uggestion, to the tenants seeming that truly he had testified in the premi ses. Now the Lord has granted in this Court by I.F. his Seneschal to the aforesaid R.C. licence, his favour and exemption for term of life, & the aforesaid R.C. gives the Lord for an annual rent, 4. d. payable at the terms usual.   

Licence for suit of Court.  
TO this Court came I.S. Villeni of the Lord, & gives for a fine for suit of Court to be respited for one year, 2. s.   

Licence to marry his daughter.  
TO this Court came I.S. Villeni of the Lord of this Manor, and requests licence to marry his daughter within this Lordship or without, and the Lord by I.W. his Seine schall hath granted licence, etc.   

Licence to demise Tenem. customary.  
TO this Court came T.R. and requests licence of the Lord to demise all and singular his lands and tenements customary, situate, lying and being within this Lordship to what person or what persons soever it shall please the same T.R. for the term and to the term of 21. year next following the date of this Court, to which T. R.the Lord licence hath given in form aforesaid, for the Fine of 10 s. paid in the Court to the use of the Lord of this Manor.   
Note, that there is no manner of estates made of free land by deed pole, or deed indented, but the like estates may be made by copy of Court roll of copyhold Land of inheritance, and entered in the Court rolls: and the Steward is bound by Law and cons cience to be an indifferent judge between the Lord and his Tenants, and to enter their copies truly, in the Lord's Court rolls, the which are the Lords Register to know his pres idents, customes, and services: And all so they are a great surety to the Tenants, that if their copies by any casual means be lost, ●hey may resort to the Lords Court rolls, and the Steward may make them new copies, according to the old precedent in the Lord's Court roll: like as at the Common Law, when a matter in variance between two men is passed by verdict, and judgement given thereupon and entered in the Keepers of the Liberties of England by authority of Parl. Records, there it resteth of Record to be found if occasion serve to search for it. And also if a Deed or a Patent be enrolled, there it remaineth of record to be seen, if need be, and any man that hath occasion may have a copy thereof, if they sue to the Judges and the officers of the place where the record lieth, and they may have it exemplified under the seal of the office of the same place where such record lieth, if he will be at the charge thereof. And also if a man have occasion he may pled the same record in any of the Keepers of the Liberties of England by authority of Parliament Courts. And the Lords steward may do the like with his Court Rolls.  

Pleass of a Court Baron.  
R H. plains against C.E. and A. his wife of a plea of Land, viz. of one Mess vage, two Cottages, twenty acres of meadow pasture, with the appurtenances in I. within the Jurisdiction of this Court, and hath made protestation to pr●s ecute this plaint, in form and nature of the Writ of the Keepers of the Liberties of England, of Formd●n in remainder at the Common Law, and hath found pledges to prosecute that plaint in form and nature afores aid, viz. I.H. and R. M.and he requires proce ss hereupon to be made him, according to the Custom of the Manor aforesaid, against C. and A. his wife, therefore according to the custom of the Manor, the contrary of which within the memory of men is not used, commanded is it to the under Bailie of the Manor aforesaid, and Minister of the Court aforesaid that he summon by good summons the aforesaid C. and A. that they before the suitors of the Court afore said, at the next Court of the Manor aforesaid on Thur sday viz. the 20. day of Ju. the year etc. at the Manor aforesaid to be held, to ans wer the aforesaid R.H. of the afore said plea, etc. the same day is given to the afore s aid R. here, etc. at which next Court came as well the afores aid R. H.as the aforesaid C. and A. by I.R. their Attorney, and the aforesaid Manister of the Court afores aid returned here in Court, that he by virtue of the precept afores aid to him directed, s ummoned the aforesaid C. and A. by good ss ummons, viz. by I.C. and R.R. to be here at this Court to answer the aforesaid R.H. of the aforesaid plea of the afore said Message, two Cottages, twenty acres of Land, twenty acres of Meadow, and twenty acres of Pasture, with the appurtenances as to him commanded was, and upon this the aforesaid R.H. demands against the aforesaid C. and A. the Tenements aforesaid with the appurtenances, as his right and inheritance, s aying, that a certain W.H. was s eised of the Tenements aforesaid, with the appurtenances in his demes ne as of Fee, at the will of the Lord, according to the custom of the Manor aforesaid, and so sei sed being according to the cust●m of that Manor, from the time out of the memory of men, used and approved, at the Court of the Manor aforesaid, held at I. within the precinct of the Manor aforesaid, Wednesday next after the Feast of P. the year, etc. by I.A. and T.P. deputies of the Bailies of the Manor aforesaid, in the presence of T.C. T.S. R.L. I.M. T R. and I.B. than Tenants of the Lord of the Manor afores aid, surrendered into the hands of the Lord, the Tenements afore said with the appurtenances, to the behoof and u se of a certain M. than wife of the afore said W.H. to hold for the term of her life, and after the deceas of the said M. the Tenements aforesaid, with the appurtenances wholly should remain to a certain I.H. the son of N.H. the brother of the aforesaid W.H. and the heirs of his body lawfully begotten, and for defect of such issue of the ss aid I. the aforesaid Tenements with the appurtenances wholly to remain to a certain E.H. daughter of the aforesaid W.H. to hold to her and the heirs of her body lawfully begotten; and for defect of such i ssue of the same E. the aforesaid Tenements with the appurtenances, wholly to remain to the right heirs of the aforesaid W. H, and their heirs for ever. By virtue of which surrender, the aforesaid M. was sei said of the Tenements aforesaid in her demesne as of Frank tenement at the will of the Lord according to the custom of the Manor afore said in the time of peace, etc. taking thereof the explees to the value, etc. And from the same M. remained a right by form of the surrender afore said, according to the cousin tome of the Manor aforesaid to I.H. by which the same I. was seized of the tenements aforesaid, with the appurtenances in his dame sne, as of fee-tail at the will of the Lord, according to the custome of the Manor by form of surrender aforesaid, in the time of peace in the time of the Lord Edward lately King of Englandthe s econd, taking the Esplers to the value, etc. and from him I. after the death of E. because both the aforesaid I. and E. died without heir of their body lawfully begotten, remained hath the right by form of the surender aforesaid, according to the custom of the Manor afores aid too this R, H, who now demands, viz. as son and heir of W.H. brother and heir of the aforesaid W. H, etc. and thereof produces his suit, etc.  
And the aforesaid C and H, by T. their Attorney, come and defend their right, when, etc. and say that the aforesaid W, H. gave not the tenements afore said with the appurtenances to the aforesaid, and the heirs of his body issuing. So that if the aforesaid W, H, s hold die without heirs of his body issuing, the tenements with the appurtenances to the aforesaid R H. and the heirs of his bod● iss ve, s hold remain for ever in the form which the aforesaid R, H, by his Writ and Court aforesaid supposes, and of this, etc. therefore the twelve, etc.   

Plaints of Mort d'ancester.  
R.C. plains against W.L. and E. his wife, of a plea of land, viz. of one Mess vage, thirty Acres of Meadow, and one hundred Acres of Pasture, with the appurtenances in L. within the jurisdiction of this Court, and made protestation to prosecute this Plaint in form and nature of the Writ of the Keepers of the Liberties of England, etc. of assize of Mort d'ance star at the Common Law, etc. and he requires process for him to be made, according to Custom of the Manor in form and nature of the Writ afore said to be directed to the Bailie and Ministers of this Court, and that the s ame Baily and Ministers, by Mandate and precepts of the Lord of this Manor, and according to the Cus tome of the same Manor sum. by good sum. 12 good and legal men of the homage of the same Manor, that they be before the senescal of the same Manor, at the next Court within this Manor to be held, ready by Oath to acknowledge, if R. C.the Father of the aforesaid R was seized in demesne as of Fee, at the will of the Lord, according to the Cum stome of this Manor, the day he died, of and in one Mes suage, 30. acres of Meadow, 100 acres of Pasture of Land custom of this Manor with the appurtenances called C. within the Jurisdiction of this Court the day he died, and if the same R. the Father died within fifty years now last passed, and if the aforesaid R. the son be next heir of the aforesaid R. the Father, and in the mean time the Lands and Tenements aforesaid let them view, and that they s 'em. by good sum. the aforesaid W. and E. who the same Lands and Tenements now hold, that they be there to hear the recogn. and he found pledges to pros ecute the plaint aforesaid.  


I. Do.  
R. Roose.     

Bar.  
And now here to this Court comes the aforesaid W.L. in his proper person, and says that the aforesaid R. Father of the aforesaid plaintiff seized was not in his demesne, as of Fee at the will of the Lord, according to the Cum stome of this Manor, the day he died of the aforesaid Message, and thirty acres of Meadow, and one hundred acres of Pasture with the appurtenances, in manner and form as by the aforesaid plaintiff before is supposed, and this he requires may be inquired by the assize, and the afores aid plaintiff likewise, etc.   

Entre in the Per and Cui.  
TO this Court comes I.N. in his proper pers on, and plains against T. M of a plea of land, viz. of one Message, one Garden, and one Orchard with the appurtenances, and he found pledge to prosecute this plaint aforesaid, viz. I B. and R. R. and he protests to prosecute his plaint aforesaid of one Mes suage, one Garden, and one Orchard with the appurtenances in S. in nature and form of the Writ of the Keepers of the Liberties of England, etc. of Entre in the Per and Cui, saying that the same Message, Garden and Orchard with the appurtenances, are his right and inheritance according to the custom of the Manor aforesaid, and into which the aforesaid T.M. has not Entry, but by E. lately the wife of W.M. and daughter of R.P. to whom the aforeaid R. P. and M. his wife those demised, who thereof unjustly, and without judgement disseised R. N.the father of him I.N. within 50 years' last passed, etc. & he requires process thereupon for him to be made against the afore s aid T. M.according to the custom of the Manor; therefore according to the custom of that Manor commanded is it, to I.B. under Bailie of the same Manor, & the Minister of the Court afores aid, that according to the custom of the Manor aforesaid, he s ummon by good summons the aforesaid T.M. that he be at the next Court, viz. the fourth day of M. next to come here to be held, to an swear the aforesaid I.N. the plea aforesaid, etc. the same day is given to I.N. here, etc.   

Common Recovery in right Patent by cons ent.  
TO this Court comes A.B. Citizen and Merchant of L. in his proper person, and plains against W.W. of a plea of land, viz. of one Message, one Garden, and one Acre of land with the appurtenances in I. held of this manner by copy of Court Roll, and makes protestation to pros ecute his plaint aforesaid, in the Court aforesaid in form and nature of the Writ of the Keepers of the Lib. of Eng. etc. of right patent at the Common Law, according to the custom of the Manor, and found pledge to prosecute his plaint afores aid here in the Court aforesaid, viz. Io. Den. and Ri. Fen. & requires proce sse thereupon to be made, against the aforesaid W.W. according to the custome of the Manor afore said, therefore according to the custom of the Manor afores aid, commanded it was to I.S. Baily of the Manor aforesaid, and Minister of this Court, that he summon the aforesaid W.W. so that he be here at the next Court of the Manor aforesaid here, viz. Saturday the 4. of january to be held, to answer A. B.the plea afore said, and that than he have there the names of the summons and this writ, and the s ame day is given to the demandant here, etc. And now, viz. to this Court came the aforesaid W.W. in his proper person, & in full Court here freely offered to answer the aforesaid A.B. the plea aforesaid by good summons, is to wit, I D, R. R, according to the custom of the Manor aforesaid, and upon this now to this Court the aforesaid A, B, viz. in his proper person, comes and demands against the aforesaid W, W, the Message aforesaid, Garden and Acres o● Land afore said with the appurtenances in I, aforesaid held of this Manor by copy of the Rolls of this Court, as his right and inheritance, and whence be says that himself was s eised of the tenements aforesaid with the appur●enances in his demes ne, as of the see and right, according to custom of the Manor aforesaid in the time of peace, etc. taking thereof the explees to the value, etc. And th●t such is his right he offers, etc.   

Answer.  
And the aforesaid W.W. comes and defends his right when, etc. and seisin, of which seisin, etc. as of Fee and right, etc. and especially of the Tenements aforesaid with the appurtenances and the whole, etc. and puts himself upon the homage of the aforesaid Keepers of the Liberties, etc. of the Court afore said, according to the custom of the Manor aforesaid, and reque sts recogn. to be made, whether he more right has to hold the Tenements aforesaid with the appurtenances, as he holds, or the aforesaid A. B.to have the Tenements afore said with the appurtenances as he above demands, & c,   

Imparlance.  
And the aforesaid A.B. requires licence thereupon to imparle until the eleventh hour before noon of the same day, and he hath, etc. and the same hour is given to the afore said W. here, etc. and after the same A.B. again came here into the Court the same day at the afore said hour in his proper person, and the aforesaid W.W. though solemnly exacted, came not again, but in contempt of the Court receded and default made, therefore according to custom of the Manor aforesaid, granted is it by the Court that the afores aid A.B. recover his seisin against the aforesaid W. W.of the Tenements aforesaid with the appurtenances according to the custom of the Manor afore said, to hold to the same A.B. and his heirs according to the cousin tome of the said Manor quit of the aforesaid W.W. and his heirs for ever, and the same W.W. is amerced, etc. and now at this court the Lord in execution of the judgement and recovery aforesaid, by his Seine schal granted to the afore said A. B. of the tenements afores aid with the appertinences seisin, to hold to him, his heirs and ass ignes by the yard at the will of the Lord according to the custome of this Manor, and he made therefore to the Lord a fine and fealty, and admitted is thereof tenant.  
And after, to wit) to this same court aforesaid A.B. than present being, came also the afores aid W.W. and surrendered into the hands of the lord the tenements afores aid with the appertinences to the behoof and use of the aforesaid A. B. his heirs & assigns for ever. And further the afores aid W.W. hath remi sed, released, and all things for him and his heirs for ever quit claimed to the aforesaid A. B. his heirs & a ss ignes, in his full & peaceable possession & seisin being the day of the making the present, all his right, estate, title, claim, interest or demands whatsoever, which at any time he had, has or by any manner hereafter have may of or in the tenements aforesaid with the appertinences, or in any parcel of the same, so that, viz. neither the aforesaid W.W. nor his heirs, nor any of them, any right, title, e state, claim, interes t or demand of or in the tenements afores aid with the appertinences, nor in any parcel of the same hereafter exact, claim or challenge may nor aught for the future, but from all action of right, title, claim, use, interest and demand therefore to be made, for ever be excluded, and let every of them be excluded by the se presents. And besides the aforesaid W.W. grants for himself and his heirs, that he does warrant the tenement afore said with the appertinences to the aforesaid A. B. and his heirs against all men for ever.   

Common recovery in Entry in the Post by consent.  
And after (to wit) to this Court came R.M. and W.M. and plain against the foresaid M.M. a plea of land, viz. of the aforesaid eighteen acres of meadow, and made prote station to follow this plaint in form and nature of the writ of the Keepers of the Liberties etc. of entry upon does seisin in the post; and upon this the aforesaid R. and W.M. in their proper persons demand against the aforesaid M.M. the aforesaid eight acres of meadow with the appertinences in I. within the Jurisdiction of this Court, as their right and inheritance, and into which the said M.M. entry has not, but after the does seisin which H.H. thereof unjustly and without judgement made to R. and W. within thirty years now last passed, & c. and whence they say, that themselves were sensed of the afores aid eight acres of meadow with the appertinences in their demesne, as of fee and right at the will of the Lord, according to the custom of the Manor afore said, taking thereof the explees to the value etc. And into which etc. And thereof they produce their suit, etc.  
And the aforesaid M.M. in his proper pers on came, and defends his right, whence etc. and vouches thereof to warrant the aforesaid W.T. who present is here in Court in his proper pers on, and freely the aforesaid eight acres of meadow with the appertinences to him warrant: And upon this the aforesaid R. and W.M. demand against him W. T.tenent by his warrant aforesaid, the eight acres of meadow with the appertinences, whence they say themselves were seized of the same eight acres of meadow with the appertinences in his demesne, as of fee and right, at the will of the Lord, according to the custom of the Manor aforesaid, in the time of peace, etc. taking thereof the explees to the value, etc. And into which, etc. And thereof they produce their suit. etc.  
And the aforesaid W.T. tenant by his warrant defends his right when, etc. and further vouches thereof to warrant C.D. who (to wit) present is here in Court in his proper per son, and freely the aforesaid eight acres of meadow, with the appertinences to him warranteth, etc. and upon this the s ame R. and W.M. demand against C. tenant by warranty the afore said eight acres of meadow with the appertinences, whence they say thames elves were seized of the same eight acres of meadow with the appertinences in his dame sne as of fee and right, at the will of the Lord, according to the cousin tom of the Manor aforesaid, in the time of peace, etc. taking thereof the explees to the val, etc. and into which, etc. and thereof they produce their suit, etc.  
And the aforesaid R. and W. M. require licence to imparle, and have it, etc. and after the same R. and W.M. again came here into the Court, at the same Court, in their proper persons, and the aforesaid T. though solemnly exacted he was, came not again, but in contempt of the Court rereceded, and default made, therefore granted is it that the aforesaid R. and W.M. recover their ss eisin against the aforesaid M.M. of the aforesaid eight acres of meadow with the appertinences, etc. and that the same M.M. have of the Land of the said W.T. to the value, etc. and that the same W. T. further have of the Land of the aforesaid C.D. to the value, etc. and the same C. is amerced etc. and upon this the aforesaid R. and W.M. request a precept to make them have plenary seisin of the aforesaid eight acres of meadow with the appertinences, to the Minister of the Court aforesaid to be directed, and to them is it granted returnable here without delay, etc. And after (to wit) this same first day of April, came here into the Court aforesaid, R. and W. M in their proper persons, and the Minister of the Court aforesaid, viz. R.W. certified to the Court afore s aid, that he by virtue of the precept aforesaid, to him thence directed the first day of April, to have made the aforesaid R. and W. M. full seisin of the afores aid eight acres of meadow with the appertinences as by the precept aforesaid to him commanded was, etc.  
And after, to wit, to this same Court the afore said R. and W.M. and the foresaid W.T. than present being came and surrendered into the hands of the Lord in the same Court, the foresaid eight acres of meadow with the appertinences to the behoof and use of the aforesaid M.M. his heirs and assigns, to whom the Lord by his Seneschal aforesaid granted thereof sesin by the yard, to have and to hold to him and his heirs, at the will of the Lord, according to the custom of the Manor aforesaid, etc. and further the aforesaid R. and W.M. and W.T. have remised released and altogether for themselves and their heirs for ever quit claimed to the aforesaid M.M. his heirs and assigns in his full and peaceble possession, being in full Court, all their right, estate, claim, interest or demands whatsoever, which at any time they have had, have, or in any manner for the future have may of or in the foresaid eight acres of meadow with the appertinences, or in any parcel thereof, so viz. that neither the fore said R. and W.M. and W.T. nor their heirs, or any of them any right, title, estate, claim, interest or demand, of or in the foresaid eight acres of meadow with their appertinences, hereafter exact, claim or challenge may nor aught for the future; but from all occasion of right, title, claim, use, interest and demand thereof to be made excluded, and let every of them be excluded for ever by these presents. And further the foresaid W.T. grants for himself and his heirs, that he does warrant the fares aid eight acres of meadow with the appertinences to the foresaid M.M. and his heirs against all men for ever, etc.   

Upon buying.  
G.B. plains against R.G. a plea of debt of xxx. s. iiii. d. for that, viz. that when the afore said R.G. the tenth day of April the year, etc. at I. within the Juri sdiction of this Court bought of the same G. B.thirteen jars of oil, called meat oil, for fifteen shillings and three pence, one hundred of madder for fifteen ss hillings and one penny, to be paid to the same G.B. when therefore required he was, which sums in the whole amount to the foresaid xxx. s. iiii. d. afore said. Yet R. G. though often required he was for the foresaid xxx. s. iiii. d. it to the s ame G.B. hath not yet rendered, but to him to this time to tender it hath refused, and yet refuses; wherefore he says that the worse he is, and damage has to the value of x. s. and thereupon produces his ss vit, etc.  
And the aforesaid R.G. by A. his Attorney comes and defends the force and injury when, etc. and saith, that he sweth not to the aforesaid G.B. the afores aid 30. s. 4. d. ●or any penny thereof, in the form which G.B. above against him plains: therefore granted is it, that the foresaid R.G. wage thereof his Law of the twelfth hand, pledge of Law I.M. and R.F. and they came with their Law ●●re at the next Court, in proper person, and said it was 〈◊〉 the foresaid Attorney of the fore said R.G. that than ●hey have here the same R.G. their Master in his proper ●ers on, to the perfecting his Law aforesaid, etc.  
At which day here came the foresaid R. G.and perfe●ied thereof his law aforesaid of the twelfth hand, as it a●ove he waged: therefore granted it is that the foresaid plain●if nothing take by his plea foresaid, but be amerced for his ●●lse clamour thence, etc. and that the foresaid defendant go without day.   
And as for all other actions which will lie in this Court, you shall found s ufficient precedents for them 〈◊〉 the Hundred Court, parcel of this book, whereunto prefer you.  

Writ of Grand Cape.  
I.W. Seneschal to the bailie of the same Manor greeting. I command thee that thou takest into the hands of the Lord, by view of good and legal men of this Manor the third part of one message, and twenty acres of land with the appertinences in I. which A.I. in this Court, etc. claims against T.I. lately of I. as the dower of her, of the endowment of the foresaid C.I. sometime her husband by writ of dower, whereof nothing she has for defect of him T. and the day of taking make known to me, and summ by good sum the sa●● T. that he be here at the next court, thereof to ans were, a●● show why he was not here at the last court, as ss ummoned 〈◊〉 was, and leave there the names of those by whose view this thou hast done, the ss umm witness, etc.   

The entre of the Grand Cape.  
A. Which was the wife of C.L. by A.B. her Attur● offered herself at this Court against T.I. concerning a ple● of the third part of one mes suage & twenty acres of 〈◊〉 with the appertinences in I. which the same A. in this court here claims as her dower of the endowment of the foresaid I.C. sometime her husband, because the tenements afores aid are within this Lordship, and women which after the death of their husbands of tenements in I. foresaid being, dowable are, according to the cousin tome of the same Manner of A. time in which there is not memory of men used, of the third part of the s ame endowed aught to be, etc. and he came not and is s ummoned, etc. therefore by judgement of the court let the third part aforesaid with the appertinences b● taken into the hand of the Lord, etc. and the day, etc. the fares aid sum that he be here at the next court, etc.   

Petit Cape.  
I.W. Seneschal to the bailie of the same greeting. Thee I command that thou takest into the hand of the Lord by the view of good and legal men of this Manor one message with the appertinences which A.C. in this Court claims as his right, against B.R. by plaint of formdon in remainder, for defect of him B. and the day of taking known make to me at the next Court, and sum the foresaid B. R.that he be here before, etc. such day, thereof to answer and show, why he was not here in this Court before, etc. such day next passed as sum he was, and have there this precept, and how, etc.   

Entre of the Petit Cape.  
T. Q.Esq. and I. his wife by their Attorney oppose themselves the fourth day, against H.B. of I. and A. his wife, concerning a plea of land of the third part of eight messages, and eight yardlands of land with the appertinences in I. which the foresaid T. and I. in this Court claim as their dower of her A. of the endowment of G.S. sometimes her husband, against them, and they came not: And they had therefore day here until this day, to wit, the tenth day, etc. after at another time they had appeared in Court; therefore by judgement let the third part aforesaid with the appertinences be taken into the hand of the Lord, and they be sum, etc. that they be here the day, etc. to hear thereof their judgement, etc.   

Habere facias seisinam.  
I.W. Seneschal to the bailie of the same greeting. Know that A.B. in the Court held such day, by con sideration of the same Court recovered his seisin against B. C. of eight acres of land with the appertinences in I. by default of the aforesaid B. And therefore I command thee that to the same A.B. plenary seisin of the tenements aforesaid, with the appertinencies, without delay sei sin thou make to have. And have there this precept, and how, etc.  
Given, etc.    

The manner and form how to keep an Hundred Court, or Court Baron, commonly called a three-weeks Court, and a Court of Ancient Demetrius sne, as followeth.  

FIrst the Steward must enter in his Court book the Style of the Court thus:  The Court of R.T. Knight, of the Manor or Hundred of A. Westbrook, held there such day and year, etc. before A.B. and C.D. suitors of the same Court. 
This done, than the bailif must say Oyes; that is, he must make an Oyes, and say Essoines and proffers before the Court three times, and than say. All manner of persons that have any thing to do at this Court, draw near, and give your attendance, and if any man will be essoined, let him come forth and he shall be received; or if any man will enter any plaints, let him come and he shall be heard.  
This done, if any man will enter any plaints, you must enter them after this manner:  A.B. plains against C.D. a plea of debt, or a plea of trespass, or a plea of ●aking and unjust detaining his , or such like etc. 
And if any man will be ess oined, you must enter their essoines thus.  I. S is ess oined for suit of Court by W. D. 
Also there be four other manner of essoins which are seldom used to be cast, and thes e be they, viz. If a man be in the wars of the Parliament of England, or Emba ssage, or in any other of the Parliaments of England's busine ss, or beyond the seas, or if any man be sick in his bed, or if any man be letted or hindered by water, so that he cannot come to the court: which essoines must be entered after this manner.  I.S. e ssonied is because he is in the service of the Parliament, etc. A.S. is essoined because he is beyond sea. T.S. is e ssoined because he is sick in bed. W.G. is essoined because he could not come for the overflow or height of water. 
And there be other two manner of essoines which are in plea, the one after sum, or attachment, and the other after issue joined, are to be entered after this manner.  I.S. who s ummoned was, or attached was to be here at this court to answer to T.K. a plea of debt, or such like, now essoined is by W.D. etc. 
And the other must be entered after this manner.  I.S. who hath day until this court, who the issue joined betwixt T.K. plaintiff and I.W. defendant, now essoined is by D.W. etc. 
And if it be upon a wager in Law, than it must be entered after this manner.  I.S. who hath day to this court to make his law against T.K. plaintiff in a plea of debt now ess oined is by W.D. 
And in like manner the plaintif may be essoined if he will; and if the one party be essoined at one Court, the other party may be essoined at the next Court following.  
And you must understand, that whosover will cast any essoin in these Courts, he must come at the beginning of the Court when proclamation is made, or else he aught not to be received.  
And note also, that in all these cases following, the party cannot be essoined: first if he have an Attorney in the self same plea pray sent in the Court, or if the party himself be seen in the Court, or if there be no plea, if the party made default at the last Court before, than he cannot be essoined, or if he come in by Cepi corpus, or distress, or if he come in the end of the Court, he cannot be e ssoined, as appeareth by the statute of Essoines made in the 21. year of E. 2.  
And you must also understand, that for every default that the defendant maketh after this appearance, and day given to ans wer or do his Law, and than make default at any day, he shall be called none vit, and he and his pledges amercied, and that is where the plaintif is a stranger dwelling out of the jurisdiction of the Court, where he finds pledges, if the case should pass against him, his pledges must t than pay the defendants cost, which is a thing ever reas onable, but s eldome or never used.  
And the Steward of the Court, at the beginning of the Court must inquire of the bailiff how he hath served the attachments and distresses, and other precepts to him directed, and if he say that they were served, than call the parties, and if the plaintiff have not his declaration ready when the defendant appeareth, he must be called nonsuit, thus. A.B. come forth and prosecute thy Action against C.D. or else thou wilt be nonsuit: and if he come not forth sitting the Court, or some for him to crave further time to declare, which the Court in discretion may grant him, than he shall be nonsuit of course: and if the defendant make default, process must go forth against him: and in a personal Action the process are summons, attachment, and distress infinite, which attachments and distresses must be reasonable, and not outrageous, according to the statute of Marlebridge cap. 4. And if the defendant make default upon the attachment or distress, they being served, and so returned by the bailif, than the goods so taken by attachment or distress be forfeit to the Lord of the Court, and the defendant shall all so be amerced, and a new Distringas shall go out against him. And if the defendant appear and than after make default, he shall be condemned by default, and a nihil dicit entered against him, and the Steward must enter both the effect of the declaration for the plaintiff, and of the plea or answer for the defendant.  
And if the parties pled to an issue triable by an Inquest, process must be made to summon the Jury, viz. a venire fac, and if the defendant be condemned either by default or by verdict, than a Levare fac s hall be awarded to make levy of his goods, and thereupon the defendants goods shall be taken, praised, and sold to satisfy the party plaintiff, and if the defendant have no goods whereupon levy may be made, than the plaintif is without remedy, except it be by a private custom, which is used in some places, to take the body, than the body may be taken by a Capias ad satisfac and laid in prison, there to remain until the plaintif be satisfied: but you must understand that in a county Court, hundred Court, or court Baron, there can be no plea held where the debt or damages amount to ten ss hillings or above.  
And it is a maxim in law, that in all courts which are not courts of record, the matter if it be for debt, aught to be tried by oath, that is, by wager of law by the defendant and not otherwise, unless it be by as sent of both parties.   

The form of Proce sse in base Courts, which are Courts of Record.  

A Summons.  
COmmanded it is to the Bailie there that sum he make C. D.that he be here at the next Court to answer A.B. in a plea of debt, detinne, tres pass, or such like.   

An Attachment.  
Commanded it is to the Bailie there, that he attach C.D. by his goods and chattels, that he be at the next court, to answer A.B. of a plea of debt, or such like.   

A Distringas.  
Commanded it is to the Bailie there that he distrein E.D. by his goods and chattels, that he be here at the next Court, to answer A.B. a plea of debt, etc. witness I.W. Gent. Senesc. there.   

All does tring & plur. distring.  
Commanded it is to the bailie there as else, or many times to thee commanded was that thou distrein etc. as above.   

A Venire fac.  
Commanded is it to the Bailie there, that to come he cause e twelve good and legal men of his bailywick, that they be here at the next Court, to try the i ssue joined betwixt A.B. plaintiff, and C.D. defendant, of a plea of debt, or such like.   
And if a full Jury do not appear, than as many as make default, and be not essoyned, shall be amercied, and a Decem tales awarded to summon ten more, as followeth, and the s ame day given to the first Jury.  

Decem tales.  
Commanded it is to the Bailie there, that he to come cause ten such good and legal men of his bailiwick, that they be here at the next Court with others, who to them and there may be a ssociated, to try the issue joined betwixt A.B. Plaintiff, and C.D. Defendant, concerning a plea of debt, or such like.   
At which day as many as make default, and be not e ssoyned, shall be amercied; and than an Octo tales shall be awarded; and after that, if need be, a Sex tales.  
And if there appear a full Jury, than both the parties shall have their challenges lawful to the Jurors; and if the Jury find for the plaintiff, than they must give cost of suit and damages: and in the like manner they shall assess damages, if they found for an Advowant in a Replevin, etc.  

A levare fac.  
Command the bailie there that of the goods and chattels of G.D. to be levied he 'cause xx. s. which A.B. in this Court recovered against him, in a plea of Debt, or such like, and for his mises and Co sts 12. d. So that those moneys he have here at the next Court, to tender to the foresaid A. B.Witness, etc.   
And if the bailiff return that he can found no goods of the said C.D. than if the custom serve, he may have a Capias to take the body and lay him in prison, until such time as he hath satisfied the party. The form of which precept is thus:  

A Cap ad satisf.  
Commanded it is to the bailie there that he take C. D. and him in his prison safely to be kept cause, until he has satisfied A B. as well of the xx. s. for debt which the foresaid A.B. recovered against him, as of the 12. d. for his mises and costs, etc. witness, etc.   
And if any goods be taken wrongfully, than the party grieved may have a replevin, which must be made after this manner.  

A replevin.  
I.W. Gent Senesch. of R. T. Kn. to R.F. bailie of the hundred of A. greeting. Because A.B. has found me sufficient ss ecurity, as well his clamour to prosecute, as for his beasts, viz. one ox which C.D. took and unjustly deteins as it is said, to be return, if the return thereof be adjudged, therefore thee I charge and also command, that the ox aforesaid to the aforesaid A.B. without delay replevied to be and delivered thou causest, and put by surety and safe pledge the foresaid G.D. that he be at the next court at A. aforesaid to be held, to answer the fore said A.B. a plea of taking and unjust detaining of his ●oxe aforesaid, and how this my precept shall be executed, to me at the next Court at A. aforesaid to be held make known, under peril incumbent, together with this precept given under my seal the tenth day of April, the year, etc.  
I.W. gent Seneschal there.   
And if the Bailif do not deliver the plaintiff his cattles by virtue of the said Replevin, than the plaintif may have an Alias replevin with these words, vel causam mihi significes, which Replevin must be made after this manner.  

Alreplevin Alreplevin.  
I.W. Gentleman Seneschal of R.T. to R. F.baily of his Manor or bund of A. greeting. Because A.B. hath found me s ufficient security, as well his clamour to prosecute, etc. (as in the other replevin) therefore I charge and also command thee as else thee have I commanded, that the ox aforesaid to the same A.B. without delay to be replevied thou causest, or the cause to me thou signifiest wherefore my mandates to thee therefore directed execute thou wouldst not or mightest not, and put by sureties and safe pledge, etc. as before in the other replevin.   
And if the Bailif do not deliver the plaintiff his cattles upon this Replevin, nor show sufficient cause why he did not, than the party may have a Pluries replevin, vel causam mihi s ignifices, which must be made verbatim as the alias Replevin was made, only changing this word alias into Pluries. And if the bailif return upon any of these Replevins; quod averia elongat sunt ad loca sibi ignot, Ita quod a veria ill pref. C.D. deliberar non potuit, than the plaintif may have a Withernam, which must be made in this manner.  

A Withernam.  
I.W. Gent Seneschal of R. T. Knight, to R.F. Baily of his Manor or Hundred of A. greeting. Since that A.B. hath found me s ufficient s ecurity as well his clamour to prosecute, as for return to be had of one ox, etc. if the return thereof be adjudged, which E.D. at C. took, and unjustly detains, as it is s aid, and the aforesaid bailie upon divers my precepts for replevie to be made to the same bailie directed, me hath certified, that the same ox eloygned is to places to him unknown, so that view of the same have he could not. Therefore thee I charge and also command, that thou takest in Withernam chattels to the value of the said Ox, of the chattels of the said C.D. to be delivered to the foresaid A.B. for the Ox afore said so eloigned, and put by sureties and safe pledges the afore said C.D. as above in the first replevin, etc.   

Deliverance.  
I.W. Gent Seneschal of R. T. of the Court of his Manor or Hundred of A. to R. F.baily of the Manor or Hundred aforesaid; as also to R. B.and I.S. bailiffs this time only, greeting. Of the part of the Keepers of the Libert of etc. you and every of you, jointly and severally I command, that to be delivered you cause, or one of you to be delivered cause to C.D. his beasts, which A.B. took and unjustly detained against surety and pledge, as is s aid. And that you put, or etc. the foresaid A.B. that he be here at the next Court to be held, the foresaid C.D. to an swear concerning the plea aforesaid, and the answer of this precept make known to me, or etc. at the next Court. Given, etc.   

Al Capias in Withernam.  
I.W. Gent Seine such of R.T. knight of his Manor or hundred of A. to the bailie of the hundred of A. as als o to A.D. and C.B. my bailiffs for this time Itinerant, greeting. Because R. E. bailie of the hundred aforesaid, at the Court of this hundred before me held at A. such day and year, etc. to me hath returned that by virtue of my warrant to him many times directed, he came to the pound of I.D. to ●he place where the beasts aforesaid impounded and detained were by the same I.D. and these beasts going and eloigned were before his coming, out of the hundred afores aid, to places to him unknown, by the aforesaid I.D. for which the beasts afore s aid the bailie foresaid replevie could not; wherefore con ss idered it is by the Court, willing the malice of him I. to meet with, that the beas 'tis of the foresaid I. be taken in Withernam to the value, etc. and those to the foresaid A. B.be delivered safely and surely to be kept, until to the same A. B.his beasts afores aid, according to Law, replevie you can, and according to the tenor of my mandate aforesaid: therefore you and every of you, jointly and s everally I command, that ye take, or, etc. the beasts of the fore said I. D. to the value, etc. in Withernam, and those to the foresaid A.B. to be delivered you cause, or, etc. safely and surely to be kept until, etc. and distrein ye, or, etc. the aforesaid I.D. so that he be at A. at the next Court there to be held, to answer the foresaid A.B. the plea foresaid, and the an swear of this my precept known make ye, etc. at the next Court. Given under the seal of my Office such day and year, etc.   
Note that when the said Replevin is granted, there must be a bond taken of him to whom it is granted, or of some other for him, to appear at the next Court, and to prosecute his ss vit with effect, or else it may be prejudicial both to the granter of the Replevin, and to the executioner thereof: and the form of that bond and condition thereof is this:  

An Obligation upon a Replevin.  
Know all men by these presents, that I. Anton. D. of A. in the County of S. Gent. am held and firmly obliged to Richard T. Kn, Lord of the hundred of A. in ten pounds of good and lawful money of England, to be paid to the same R. or his certain Attorney, his executors or Assigns: to which payment well and truly to be made, I bind me, my heirs, executors and administrators firmly by these presents with my seal sealed. Dated the tenth day of February, the year, etc.   
The Condition thereof.  
The Condition of this Obligation is such, That if the above bounden A. D.do appear the next Court of the above named Sir R. T. to be holden within this Manor of A. in the County of South-hampton, and than and there prosecute with effect his suit or action against A.B. for the wrongful taking and detaining of his cattles, as he hath alleged, and do make return thereof, if return thereof s hall be adjudged in the said Court by course of Law, and also do save and keep harmless the s aid I.W. Steward of the said court, and the balifs in all things touching or concerning the granting or execution of the said Replevin, without fraud, covin, or delay, That than this present obligation to be voided, and of none effect, or el se the s ame to stand, remain, and continued in force, strength, and virtue.  
And if it be Ancient Demes ne, than they use to acknowledge Fines, and suffer recoveries of their land which they buy and cell within Ancient Demesne, and that is by the Keepers of the Liberty of England by authority of Parliament their Writ of Right Close, issuing out of the Chancery, directed to the bailif of the court, and they are entered in the court book after this manner:  

Alton Westbrook, the form and manner of a Fine there.  
The Court of Richard T. and H. his wife, there held Thursday the tenth day of I. the year etc. before Richard B. and I. suitors of the s ame Court, according to the custom of the same Manor, from the time who see contrary in the memory of man is not. To this Court came I.M. in his proper person, and brought here into the Court the Writ of the ss aid Keepers of the Libert of etc. of Right Clo se, against I. F.and S. his wife, to the bailie of R. T.Knight and H. his wife, of his Manor of Alton Wes tbrook directed, and in form of right according to the custom of the Manor afore s aid, to be executed and determined: of which Writ the tenor followeth in these words: The Keepers, etc. and so reciting the whole Writ word by word, etc. Upon which the foresaid 1 M.according to the custom of the Manor aforesaid, hath made protestation to pros ecute his Writ aforesaid against the foresaid I.F. and S. his wife, in form and nature of the Writ of the Keep of the Lib etc. of covenant at the common Law, a Fine thereupon betwixt them of the tenements aforesaid with the appertinences in the writ aforesaid specif. to make and levy, requiring that I.F. and S. his wife may keep to him the covenant of the tenements aforesaid, with the appertinences in Alton Westbr. and he found pledg to prosecute his Writ aforesaid, viz. I.D. and R.R. Upon which the same I. F. and S. his wife solemnly exacted are, and appeared; and upon this the same I. F.and S. his wife request licence to concord with the foresaid I. M.the plea foresaid, and they give the Lord for such licence 3. s. 4. d.  
And the concord is such, viz. That I.F. and S. his wife do recognize the tenement afore s aid with the appertinences to be the right of him I.M. as though see which the same I.M. hath of the gift of the foresaid I. F.and S. his wife, and those have remised and quit-claimed from them and their heirs, to the foresaid I.M. and his heirs for ever: And further the same I.F. and S. his wife have granted for them and the heirs of I.F. that they do warrant the tenement aforesaid with the appertinences to the fares aid I. M.and his heirs, against the foresaid I.F. and S. and the heirs of the foresaid I.F. for ever: And for this recognizance, remission, quit-claim, warrant, fine and concord, the same I.M. hath given the foresaid I.F. and S. his wife xl. Mark s terling, etc.   
The stile of the Court must be set down as it is before in the fine, mutatis mutandis, and is as occasion shall serve. Than thus:  

The form of a Recovery there.  
TO this Court came R.H. and T.S. in their proper persons, and they brought here in the Court the Writ of the Keepers of the Libert of Right Close against I.M. to the Bailie of R.T. Knight, and H. his wife, of their Manor of Alton Westbrook directed, in form of right, according to the custom of the Manor aforesaid, to be executed and determined, of which Writ the tenor followeth in these words: The Keepers, etc. and so reciting the Writ word by word (as above in the Fine.) Upon which the foresaid R. H. and T. S.according to the custom of the Manor aforesaid, made prote s tation to prosecute this writ aforesaid against I. M.in form and nature of the Writ of the Keepers of the Liberties, & c. of right at the common law, and they found pledge to prosecute their Writ aforesaid, viz. I. Do. R. Roose. and they require process for them to be made against the aforesaid I M.according to the custome of the Manor aforesaid, and the foresaid I.M. s olemnly exacted, appeared, and came here into the Court in his proper pers on: whereupon the same R.H. and T. S. demand against the foresaid I.M. the tenements aforesaid with the appertinences as their right and inheritance, and into which the same I.M. had not entrance, but after the disseisin which H.H. unjustly and without judgement made to the foresaid R. H.and T.S. within thirty years, etc. and whence they say that themselves were s eised of the tenements aforesaid with the appertinences in their Dame sne as of fee and right, in the time of peace, taking thereof the explees to the value, etc. and into which, etc. And thereof they produce their ss vit, etc.  
And the foresaid I.M. in his own person came, and defends his right, when, etc. and vouches thereupon to warrant I.F. who present is here in Court in his proper person, and freely the tenements aforesaid to him warrants, etc. And upon this the same R. H.and T.S. demand against him I.F. by his warrant, the tenements aforesaid, with the appertinences in form afores aid, & c. and whence they say that themselves were seized of the tenements afore said in their Dame s ne, as of fee and right in the time of peace, taking thereof the explees to the value etc. into which etc. and thereof they produce their suit. And the afores aid I. F.tenant by warranty defends his right, when etc. and vouches thereupon to warranty I.P. who in like manner present is here in Court in his proper person, and freely the tenements aforesaid to him warrants: and upon this the same R.H. and T.S. demand the tenements aforesaid with the appertinences, in form aforesaid, and whence they say that themselves were seized of the tenements aforesaid, with the appertinences in their demesne as of fee and right, in the time of peace, & c. taking thereof the expleces to the value etc.  
And the foresaid I. P.tenant by his warranty defends his right, when, etc. and puts them elf upon the great assize of the Keep of the lib. etc. and prays recognis to be made whether he more right hath to hold the tenements aforesaid, with the appertinences as tenant thereof by his warranty as he holds, or the foresaid R.H. and T.S. to have the same tenements with the appertinences as they above demand, etc. and the foresaid R.H. and T. S.pray licence thereupon to imparle, and they have it, etc.  
And after the same R.H. and T. S.came again here in to the Court, viz. this same day in their proper persons, and the foresaid I.P. although s olemnly exacted, came not again, but in contempt of the Court receded and default hath made, therefore considered it is by the Court that the foresaid R. H. and T.S. recover their seisin agains t the foresaid. I. M. of the tenements aforesaid with the appertinences, to hold to the s ame R.H. and T.S. and their heirs quit of the foresaid I M. and their heirs, as also of the foresaid I.F. and his heirs, and also of the fore said I.P. and his heirs for ever; and that the same I.M. have of the land of the fore said I F. to the value, and that the same I.F. have of the land of the foresaid I.P. to the value, and the same I.P. is amerced, etc.  
Ex by I.W. Seneschal there.    

Now here do follow divers and sundry forms of declarations and plead incident and belonging to this Court, as followeth.  

A declaration for a debt upon s pecialty.  
WIll. S. sum was to ans wer E.F. a plea that he tender to him 39 s. which he to him oweth, and unjustly detaineth, etc. and whence the same E. by I.B. his Attorney says, that whereas the aforesaid the fifth day of March, the year, etc. at A. within the jurisdiction of this Court by a certain his writing obligatory had yielded himself to be bound to the same E. in the foresaid 39 s. to be paid to the same E. when therefore required he should be, the foresaid W. notwithstanding though often required, the foresaid 39 s. to the same E. as yet hath not rendered, but those to him hitherto to tender refused, and yet refuses, whence he says he is the worse, and damage hath to the value of xx. s. and thereof produces his suit, etc. and bringeth forth here in the Court the writing aforesaid, which the debt aforesaid in form aforesaid, witnesses, whose date is the day and year abovesaid, etc.  
Pledge of prosecution 

J. Doo.  
R. Roose.     

Bar in debt.  

By ready to pay, and offers.  ANd the foresaid defendant came, and defends the force and wrong when, etc. and says that he at all times from the foresaid fifth day of March the year abovesaid, hitherto, ready hath been and yet is to pay to the foresaid plaint the foresaid 39 s. and those here in the Court proffereth ready to pay, upon which the same plaint those 39 s. here in the Court received, therefore the fares aid defendant is thereof quit, etc.   

A declaration upon a bill oblige.  
I.H. sum was to answer I.H. a plea that he tender him 30. s. which to him he oweth, and unjustly detaineth, etc. and whence the same I.H. by I B. his Attorney saith, that whereas the foresaid I.H. the fifteenth day of Octob. the year, etc. here at A. within the jurisdiction of this Court, by a certain his bill obligatory which the same J. Hammon with the seal of him J. Holtsealed, here in the Court bringeth forth, who's e date is the same day and year, acknowledged himself to own to the same J. Ham. xv. s. to be paid to the same J. Ham. his executors, administrators or assigns, in or upon the feast of Pentecost than next following the date of the bill afores aid, and to the same payment well and faithfully to be made, the same J. Holt had obliged himself, his heirs; executors and adminis trators to the same J. Ham. in the fores. xxx. s. which he acknowledged by his bill aforesaid to satisfy, for not payment of the foresaid xv. s. and the s ame J. Ham. in fact s aith, that the foresaid J. Holthath not paid the same J. Ham. the xv. s. nor any penny thereof, according to the form and effect of the bill aforesaid, by which action accrues to the same J. Ham. to have an exact of the fares aid J. Holt the foresaid xxx. s. afore s aid, yet the foresaid J. Holt though oftentimes required the s ame xxx. s. to the same J. Ham. as yet has not rendered, but those to him hitherto to tender refused and yet refus es. Wherhfore he saith that he the worse is, and damage hath to the value of x. s. and thereof produces his suit, etc.   

Bar by within age.  
ANd the foresaid I. Holt by I F.his Attorney came, and defends the force and wrong, when, etc. and saith that he with the debt aforesaid by virtue of the bill afore said charged aught not to be, because he saith, that at the time of the making the bill aforesaid he was within the age of 21. years, and this ready is he to verify; whence he prays judgement, whether the foresaid I. Hammon his action aforesaid by virtue of the bill aforesaid in form afores aid made against him to have aught.   

Replicat and Rejoinder.  
ANd the fares aid. I. Hammon saith, that he by any matters praealledged, from his action afore said having, praecluded aught not to be, because he saith, that the foresaid I. Holt at the time of the making the bill aforesaid was of full age of 21. years, and not within age, and this he prays may be inquired by the Country, and the foresaid I.H. likewise; therefore the twelve, etc.   

Debt upon reteiner for wages.  
A.B. etc. sum was to ans wer C.D. a plea that he tender to him 39 s. which he oweth to him, and unjustly detcineth, and whence the same C. by D.W. his Attorney saith, that whereas the foresaid A. the x. day of March, the year, etc. at S. within the Jurisdiction of this Court had retained him C. to serve the same A. from the same day for one whole year next following in the office of one Valet, the commands and businesses of him A. whatsoever lawful and honest according to his power and knowledge to the doing, s olliciting and executing, taking of the same A. for his ss alary for that time 39 s. and the same C. the foresaid A. in the office aforesaid, for the time aforesaid well and faithfully had served, all his commands and bus in s ses lawful and honest according to his power and knowledge, during that time, well and faithfully had done, solicited and executed, and the fore said 39 s. to the s ame C. for his salary foresaid, by the time aforesaid behind, were not paid; wherefore action accrued to the same C. to exact the s ame, and to have of the aforesaid A. the same 39 s. the foresaid A. notwithstanding that he often required, the foresaid 39 s. to the same C. hath not rendered, but those to him hitherto to tender hath refused, and yet refus es; wherefore he saith that he the worse is, and damage hath to the value, etc. and thereof produces his suit.   

Bar by nothing him he owes.  
And the foresaid A.B. by I.W. his Aturny came, and defendeth the force and wrong, when etc. and saith that he oweth not the foresaid C.D. the foresaid 39 s. nor any penny thence in the form which the same C. above against him warranteth: And this he prays may be inquired by the country, and the foresaid C. likewi s e. Therefore the 12. etc.   

A confession in debt.  
And the foresaid A. by I W.his Attorney came, etc. and saith he cannot deny the action aforesaid of C. afore said, nor but that he oweth the aforesaid C. the aforesaid 39 s. as the aforesaid C. above against him hath declared: therefore granted is it, that the foresaid C. may recover against the afore said A. his debt aforesaid and his damages by occasion of the detaining that debt to 40. s. to the s ame C. of his assent by the Court here are adjudged, and the fares aid A. is amerced, etc.   

Debt upon he borrowed.  
A.B. attached is to answer E. F.a plea that he tender him 30. s. which to him he oweth and unjustly detaineth, and whence the same E.F. by I.W. his attorney saith, that the same foresaid A.B. the 10. day of F. the year, etc. At &c within the Juri sdiction of this court borrowed of the same E.F. 30. s. to be paid to the same E.F. when therefore required he was; notwithstanding the foresaid A.B. though often required the fore s aid 30. s. to the same E.F. as yet hath not rendered, but those to him hitherto to tender refused, and as yet refu ses, wherefore he saith that the worse he is, and damage hath to the val of x. s. and thereof produces his suit, etc.   

Imparlance.  
And the fores. A. by S.T. his Attorney comes and defendeth the force and arms, when etc. and prays licence thereupon to imparle here until the next Court, and hath it, etc. The same day is given to the foresaid C. here, etc.   

By threats.  
And the foresaid W. by N. E.his' attorney comes and defendeth the force and wrong, when, etc. and he saith, that he to the debt aforesaid by virtue of the writing charged aught not to be, because he saith that the foresaid R. the time of the making the writing aforesaid, to the same W. such and so great menaces of his life and mutilation of his members upon him to be brought, unless he the writing aforesaid to the foresaid R. make and seal would at A. within the jurisdiction of this Court,, that the same W. that writing for fear of those menaces to the foresaid R. than and there made, and this ready is he to verify, whence he prayeth judgement, whether the foresaid R. his action aforesaid, by virtue of the writing aforesaid against him to have aught, etc.   

Replication, etc.  
And the foresaid R. saith, that he by any matters praealledged from his action aforesaid having praecluded aught not to be, because he saith that the foresaid W. the time of the making the writing aforesaid, was in his own power at large, and that writing of his mere and freewill to the foresaid R. made, and not out of fear of menaces as the foresaid R. in his plea hath alleged, and this he prays inquired may be by the Country, and the fore s aid W. likewise: Therefore the 12.   

Bar by protestation.  
And the foresaid A.B. by T.C. his attorney comes and defendeth the force and wrong, when, etc. and he saith that the foresaid R.S. his action afore said thence against him have or maintain aught, because he prote sts that no such collocution betwixt the foresaid A. and R. had there was, that the same A. should deliver the fore s. R. the fores. two pieces, etc. in part of s atisfaction of the fores. 39 s. in the declaration afores. s pecif. protesting also that the fores. A. brought not with him the foresaid C. in this declaration aforesaid als o specif. the two pieces, etc. to carry away, to deceive and defraud the foresaid R. of the foresaid two pieces, as in the declare. afores aid above is supposed, protesting also that the foresaid A. giving belief to the assumption of the foresaid R. delivered not to the fores. C. the fores. two pieces etc. by limitation and a ssumps. of the said A. as in the declare. afores. all s oh s upposed is, protesting also that a certain collocution had was betwixt the foresaid A. and R. that the foresaid R. s hold deliver upon loan to the foresaid A. 29. s. in moneys numerate, under a certain condition, and upon which agreed they could not; therefore the foresaid discourse voided and of no vigour was, and for plea the same A. saith that he promised not, nor upon him assumed in manner and form, as the fore s aid R. above against him plaineth, and this he prays may be inquired by the country, And the foresaid R. likewise. Therefore 12. etc.   

Bar by concord.  
And the foresaid A. by I W.his Attorney came, and defendeth the force and wrong, when, etc. and saith that the foresaid C. his action afores aid therefore against him have or maintain aught not, because prote sting that he acknowledges not any of the things in the declaration afore said to be true, for plea yet he saith, that after the assumption and promise afore said made, viz. the 10. day of May, the year, etc. at etc. between the same A. and the fares aid R. as well of the ass umption and promise aforesaid as of all other trespasses and offences betwixt the same A. and the foresaid R. before the same 10. day of May had, were moved and done or hanging, by mediation of friends betwixt them amicably interveneing was had such concord, viz. that the same A. in full satisfaction and release as well of the ass ump sit whence the foresaid R. above him now plains, as of all other trespass says and offences by the same A. before that time to the foresaid R. done, should give to the same R. two cows, and that the same A. from that time against the fore s aid R. as well of the assumpsit and promise' aforesaid, as of all other trespasses and offences should be quit for ever, and the same A saith, that he than and there gave and delivered to the foresaid R. two cows, and the same R. the se two cows of the same A. than and there received, according to the form and effect of the concord aforesaid, and this ready is he to verify, etc.   

No such concord.  
Praecluded not: because he saith there was not had any such concord betwixt him R. and the fore said A. in manner and form which the same A. in bar pleading alleged hath, and this he prays may be inquired by the country, and the foresaid A. likewise, etc. therefore 12. etc.   

Count upon delivery by another's hands.  
T.G. sum was to answer N.P. a plea that he tender him 30. s. which to him he oweth and unjustly deteins, etc. and whence the ss ame N. by R.L. his Attorney saith, that whereas a certain P.R. the last day of I. the year, etc. at B. within the jurisdiction of this Court had delivered to the foresaid T. G.the foresaid 30. s. to be paid and delivered to the same N. whensoever by the foresaid N. he s hold be required, yet the foresaid T.G. although often times required, the same 30. s. to the same N. as yet hath not rendered, but those to him hitherto to tender refused and as yet refu ses; wherefore he saith, that he the worse is, and damage hath to the value of x. s. and thereof produces his suit, etc.   

Nothing him he owes by Law.  
And the foresaid T. by B. C.his Attorney came, and defends the force and wrong, when, etc. and saith, that he oweth not the foresaid N. the fore said 30. s. nor any penny thereof in the form which the same N. above against him declared hath, and this ready he is to defend against him and his suit by the Law of him T. as the court here shall grant thereof to be made, etc. whence he prays judgement whether the foresaid N. his action aforesaid agains t him to maintain aught, etc.   

Demurrer thereupon.  
And the foresaid N. saith, that the fore said defence of the foresaid T. by his Law to be made pretended, is not a s ufficient issue, nor admittable him T. against the foresaid matter in the Declaration of him N. contained, from his action aforesaid having to preclude; wherefore he prays judgement, and his debt aforesaid, together with his damages etc. for defect of sufficient answer and iss we, to him to be adjudged.  
And the aforesaid T. since that the foresaid ans wer and said defence by his Law to be made in form aforesaid, sufficient answer and i ssue admittable are in law, the foresaid N. from is action aforesaid to praeclude, and the foresaid N. the law of him T. in this part to be made, to admit altogether refuses, he prays judgement, and that the foresaid N. from his action aforesaid having praecluded, may be, etc.   

Debt brought by exec execagainst exec upon spec.  
A.T. exec of the test of T. B sum was to answer E.W. exec of the test of S.A. a plea, that he together with C. co exec of the aforesaid T. of the test of the fores T. tender to him 38. s. which from him unju stly he detaineth, etc. and whence the same E. by I.W. his Attorney saith, that whereas the aforesaid T.B. the twentieth day of August, the year, etc. at P. within the juris diction of this Court, by a certain his writing obligatory yielded himself to be bound to the same S. in the foresaid 38. s. to be paid to the same S. in the Feast etc. the fares aid T. notwiths tanding in his life time, nor the foresaid execut of his test after the death of the same T. though oftentimes required the foresaid 38. s. to the foresaid S. in his life time, nor to the same exec after the death of the same S. rendered have not, but those to him to tender, and yet refu ses, and those from him unjustly detaineth: wherefore he saith that he the worse is, and damages hath to the value of x. s. and thereof he produces his suit, etc. And he brings forth here in Court as well the writing aforesaid as the testament, by which it is apparent enough, that he E. is executor of the te stam of the foresaid S.   

Debt brought by Administrators.  
W.W. summoned was to answer I. A. Administratrix of all and singular the goods and chattels of L.A. who died inte state, as said is, a plea that he tender her 39 s. which from her unjustly he deteins, etc. and whence the same I. by I. W.her Attorney saith, that whereas the said W. such day and year etc. at S. within the jurisdiction of this Court, by a certain his bill obligatory, which the same I. with the seal of W. s igned here in Court brings forth, whose date is the same day and year, acknowledged himself to own to the foresaid L. the fares aid 39 s. in his life time to be paid to the same L. at s such a feast next, etc. and to that payment well and faithfully to be made, the foresaid W. hath obliged himself, his heirs and executors by the s ame bill, yet the fares aid W. though often required, the 39 s. to the foresaid L. in his life time, or to the same I. after the death of the same L. to whom the administration of all the goods and chattels of the fares aid L. at the time of his death, by W.L. of the Law's Doctor, of the Court Prerogative of Canterbury Master, the twentieth day of May, the year of our Lord One thousand ss ix hundred and s ixteen, at L. aforesaid, after the death of the fares aid L. committed was, hath not rendered, but those to her to tender refused, and those to the same I. to tender refus es, and unjustly detaineth; wherefore she saith that ss he the worse is, and damage hath to the value of twenty shillings, and thereof she produces her suit, etc. And she brings forth here in Court the letters of administration of the foresaid W.C. by which, etc.   

Non sum informatus. Not informed.  
And the foresaid W. by N. E.his' Attorney came, and, defendeth the force and wrong, when, etc. and said it was to the same Attorney of the same W. that for the same W. his Master, to the foresaid I. in the plea foresaid, he should answer; and the same Attorney saith, he is not informed by the same W. his Master of any answer for the same W. to the foresaid I. in the plea foresaid to be given, and no other thing thence saith, by which the fore s aid I. remains against the foresaid W. thence undefended. Therefore granted is it that the foresaid I. re●●ver against the foresaid W. his debt aforesaid, and damages by occasion of the detaining that debt to 56. s. to the same I. by her assent, by the Court here adjudged are, and the foresaid V.U. is amerced, etc.   

Plenè administravit. Fully administered.  
And the foresaid A. by T. B.his Attorney came, and defendeth the force and wrong, when etc. and saith that the foresaid plaintif his action afore said, against her to have aught not, because she saith, that she fully administered hath of the goods and chattels of the foresaid I. at the time of his death, and that s he no other goods hath, nor chattels of the ss aid I. at the time of his death in her hands, administered to be, nor had the day of the entry of this plea of the plaintiff, nor at any time after, and this ready is she to verify; wherefore she prays judgement whether the foresaid plaint the action aforesaid against her to have aught, etc.   

Replication, and rejoinder.  
And the foresaid plaint saith, that he by any things praealledged from his action afores aid having, praecluded aught not to be, because he saith, that the foresaid defend the day of the entry of the plea of the foresaid plaint, viz. such day and year, & c. had divers goods and chattels of the foresaid, I. at the time of his death in her hands administered to be, to the value of the debt aforesaid, whereof the same plaint of that debt have satisfied s he might, viz. at A. within the jurisdiction of this Court, and this he prays may be inquired by the Country, and the foresaid defend likewise: therefore 12. etc.   

A Special not his Deed.  
And the foresaid defend. by G.P. his Attorney came, and defendeth the force and injury, when etc. and saith, that he with the debt aforesaid, by virtue of the bill afores aid, charged aught not to be, because he saith, that after the same defend, sealed and delivered had the bill aforesaid to the fore said plaint, that bill a new written and interlined was in these words, viz. Th' Curwen, by which that bill so anew written and interlined, its force lost and effect, and so that bill aforesaid is not his deed, and of this he puts himself upon the Country, and the foresaid plaint likewise, etc. Therefore 12. etc.   

Nihil dicit in debito. Nothing he saith.  
And the foresaid defend by A. B. his Attorney came, and defendeth the force and wrong, when etc. and nothing saith in bar of the action aforesaid, of the plaint aforesaid, by which the plaint remains against the same defend therefore undefended. Therefore granted it is that the foresaid plaint recover against the fores. defendant his debt aforesaid and damages by occa sion of the detaining this debt to x. s. to the same plaint by his assent by the Court here adjudged, and the fares. def. is amerced, etc.   

Action on the case upon indebted he assumed  
G.D. by R.M. his Attorney plaineth against R.D. a plea of trepa sse upon the case, for that that whereas the fores. def. the day and year, etc. at, etc. indebted was to the fores. pl in xi. s. lawful money of England for one jerkin by him the pl to the def afores. before sold and delivered, and so indebted being after viz. the 1 day of I. the year, etc. at S. within the jurisdiction of this Court, the fares. def in cons ideration thereof upon him assumed, and to the same plaintif than and there faithfully promised to pay to the same plaintif the fore said xi. s. yet the foresaid defendant his promise and as sumption aforesaid not regarding, but contriving him the plaintiff of his foresaid xi. s. craftily to deceive and defraud, the foresaid xi. s. to the s ame plaintiff as yet hath not paid, although to the same plaintiff to pay them after viz. the ss ame day, year and place within the jurisdiction of this Court, by the same plaintif required he was, to the damage of him the plaintiff x. s. and thereof he produces his suit, etc.  
Pledge of prosecution 

J. Doo.  
R. Roose.     

Otherwise indebted he ass umed.  
I.C. attached is to answer I. W.plea of trespass upon the case, and whence I. W.by I.S. his Attorney saith, that whereas the fore said I.C. the first day of Oct. the year, etc. here at S. within the juri s diction of this Court indebted was to the foresaid I.W. in the sum of 38. s. of lawful money of England for arrearss of rent of one message and one acre of land, and for divers sums of pence upon borrowing delivered, and also for divers other things to the same I. by the foresaid I. before that time due and payable, and so indebted being, the same I.C. in cons ideration thereof upon him assumed, that he the ss ame I. C.the fores. 38. s. to the s ame I.W. when therefore required he should be, well and faithfully to pay and content would, yet the foresaid I.C. his promise and assump not regarding, but contriving and fraudulently intending the same I.W. in this part craftily and naughtily to deceive and defraud of the fores. 38. s. the same I. according to his promise and as sump aforesaid, though to this after viz. the 10. day of Octo. the year etc. above said, at S. afores. by the same I. required he was, he paid not, but those to him altogether as yet to pay hath refused and yet refuses, wherefore he saith he the worse is, and damage hath to the value of x. s. and thereof produces his ss vit, etc.   

Not assumed.  
And the fores. I. by I.W. his Attorney came and defendeth the force and injury, when etc. and saith, that he assumed not to the same plaint in manner and form as the foresaid plaintif against him plaineth; and of this he puts himself upon the Country, and the foresaid plaintif likewise: therefore 12. etc.   

Action upon the case upon together they accounted.  
R.S. plaineth of N.W. a plea of trespa ss upon the case, for that viz. that whereas certain H.W. and R.H. the 2. day of I. the year, etc. at A. within the jurisdiction of this Court together accounted with the same R. of divers sums of pence, before that time for arrearss of rent, and other things to the same R. by the s ame H. and R. due and to be paid, and upon that account, the same H. and R. found were in arrearss to the foresaid R. in the sum of 36. s. of lawful money of England, to be paid to the same R. when therefore required they should be, and whereas the foresaid W. than and there likewise the same 2. day of I. the year above said, at A. afores. instantly required the fores. R that the same R. would acquit and exonerate the fore s. H. and R. of the fores. 36. s. and the fares. N. in consideration thereof upon him a ss s unted, and to the same R. than and there faithfully promised, that he the same N. the fores. 36. s. to the same R. when therefore required he should be, well and faithfully pay and content would, and the same R. in fact saith, that he belief having to the promise and assumps of him N. afores than and there acquitted and exornated the for'rs. H. and R. of the fores. 36 s. yet the foresaid N. his promise and ass ump so little regarding, and fraudulently intending the same R. in this part craftity and naughtily to deceive and defraud the 36 s. to the same R. though to this at A. aforesaid within the jurisdiction aforesaid, after viz the last day of I. the year aboves. by the fores. R. required he was, he paid not, nor in any manner for the same contented, by which the same R. saith, that he the whole gain, commodity and profit which he with the fores. 36. s. by buying and selling and lawfully bargaining have had, and gain might, if the fares. N. his promi se and assump ●fores. so in form afore s. made, had held and performed, wholly lost and miss hath: wherefore the same R. saith that he the worse is, and damage hath to the value of xx. s. and thereof he produceth his ss vit, etc.   

Action upon the case upon indebted he assumes.  
T.E. plaineth against B.B. a plea of tre spas upon the case, for that viz. that whereas the fore s. B. the first day of I. the year, etc. at A within the jurisdiction of this Court, in cons ideration that he fore s. T. at the special instance and request of him B. than and there upon loan gave and lent to the same B. 30. s. of good and lawful money of England, upon him he assumed, and to the s ame T. than and there faithfully promised, that he the same B. 30. s. of good and lawful money of England to the same T. when therefore required he ss hold be well and truly pay and content would; yet the foresaid B. his promise e and assump afores. little regarding, but contriving the fores. T. of the fores. 30. s. craftily and subtly to deceive and defraud, the fores. 30. s. to the foresaid T. though by the s ame T. after viz. the first day of Oct. the year, etc. abovesaid at A. afore s. required was, according to his promise and as sumpt aforesaid as yet has not paid, nor in any manner contented, by which the fores. T. in his credit toward divers of the people of etc. and especially toward I.M. to whom the same T. in the like sum of 30. s. indebted was, and to whom the same T. the same 30. s. at the right day now long since past, upon hope and belief of the true performance of the promise and assumption aforesaid, to pay and content had promi sed, manifoldly hurt and the worse is, and damage hath to the value of xx. s. and thereof produces his ss vit, etc.   

Plaint upon replevin.  
William L. sum was to answer W.B. a plea of taking and unjust detaining of his beasts, and whence the same W.B. by R.D. his Attorney plaineth that the fores. W.L. the fifth day of December, the year, etc. at Q. in a certain place there called Bu shy close of his W.B. within the jurisdict of this Court, took his beasts, viz. one Cow of his W.B. and that unju stly detained against suert and pleg until etc. wherefore he saith that he the worse is, and damages hath to the value of 39 s. and thereof produces his ss vit, etc.   

Avowry for damage doing in his franktenem.  
And the said W. in his proper person came, and defendeth the force and wrong, when etc. and well avows the taking of the beasts aforesaid in the foresaid place in which etc. and justly etc. becau see he saith that the foresaid place in which supposed is the taking of the beasts aforesaid to be, is, and the aforesaid time of the taking aforesaid supposed to be, was the soil and franktenement of him W. and that the cow aforesaid was at that time in the same place, the herb than and there growing eating up, and damage doing, by which the same W. that cow than and there so damage doing, took and impounded, as well he might, and this ready he is to veri●ie: wherefore he prays judgement, and the return of the beasts aforesaid to him to be adjudged, etc.   

Avowry otherwi se one in his own right, and otherwi se as a servant by his command.  
And the foresaid R. B.and T. B.by their Attorney came and defend their force and wrong, when, etc. and say, that the fore s R.B. is, and at the time of the taking of the beasts afore ss. to be supposed, was seized of a certain close called the Coniger, in the fores. Town of E. within the jurisdiction of this Court, in his demesne as of fee, a certain mare the afores. time in which &c. was in this close called the Coniger, his herb there eating up, and damage doing, by which the same R.B. in his own right, and the afores. T.B. by his command, took that mare, and her impounded, as well they might, without that, that they took the mare afore s aid in that aforesaid place called the Common Mead, as the afores aid W.T. against them plaineth; and this ready they are to verify. Wherhfore they pray judgement, and return of the beasts aforesaid to be to them adjudged, etc.   

Avowry for amercement in the Leet.  
And the fares aid L.P. by T. R.his Attorney came, and defends the force and injury, when etc. and as bailie of T.H. Esqwell well acknowledges the taking of the heifer aforesaid in the aforesaid place in which etc. and justly etc. Because he saith, that the same place in which supposed is the taking of the heifer aforesaid to be containeth, and the foresaid time in which supposed is the taking of the heifer afores. to be contained 12 acres of land called Reek fields in W. afore s. within the precinct of the Court of view of frankpledg of the said T.H. within the Manor of M. to be held in the County of South afores. of which Manor with the appertinen before the foresaid time in which, etc. and the same time in which &c. the foresaid T.H. was seized in his demesne as of fee, within which Manor the same Thomas and all those whose e state the same Thomas now hath, and the foresaid time in which, etc. had in the Manor afores. with the appertin. from the time the contrary of which in the memory of men is not; have had, and to have, hold and keep have used a court of view of frankpledg twice by the year, viz. once within a mouth next after the feast of Easter, and again within a month next after the feast of Saint Mich. the Archangel at that Manor, before the Seneschal of that Manor for the time being, and all the inhabitants and res idents within that Manor at the Court of view of frankpledg of the Manor aforesaid accustomed were to appear, and there charged to be and sworn of and upon all articles which at the court of view of frankpledge afores aid belong to be inquired of, and that the foresaid T. and all though see whose e state the same T. in the Manor aforesaid with the pertinen now hath, and the fares aid time in which, etc. have had, and from the whole time aforesaid have used to di strain for penalties & amercements in the same Court of view of frankpledg imposed, and the s ame L. saith, that before the foresaid time in which, etc. viz. at a certain court of view of frankpleg held at the Manor afores. within the month next after the feast of Saint Mich. the Archangel viz, the 30. day of Sept. the year, etc. before W.Y. Gent. the Senes ch of the Court of view of frank pldeg of his Manor afores. by certain John N. &c. (reciting all the jurors by their names,) in the same Court of view of frankpledge, of those things which to the Court of view of frankpledg afores belong, charged & sworn to inquire upon their oath pres ented was it, that the fores W.T. resident and inhabitant within the praecinct of the Court of view of frankpledg afores. than was, and that divers hedges of the s ame W. within the praecinct of the Manor afores. open lay, to the hurt of divers inhabitants within the Manor afores. for which than and there commanded was it to the same W. T.sufficient to make his hedges, viz. at the home breach against the way publ. and his hedgesagainst the lane called Mor●e lane, etc. before the 15. day of Octo. than next to come, under the penalty of 20. s. before which day the same W. his hedges afore ss. made not, according to the precept of the jurors afores. by which the fares. penalty of the fores. xx. s. by the foresaid W.T. forfeited were; and because the fores. xx. s. for the penalty fores. the fore s. time in which, etc. to the fore s aid T.H. arrere were unpaid, the same L. as bailie of the fores. T. for the same xx. s. for the penalty fores. arrer being unpaid, well acknowledges the taking of the heifer afores. in the fore s. place in which, etc. and justly, etc. within the precinct of the view of frankpledg aforesaid, etc.   

Bar when beasts enter for default of Inclo sure, and the avowant aught to make it.  
And the fores. T. saith, that the fore s. E. the taking of the beasts afores. by the reason prealledged justly to avow aught not, because he saith that the time of the taking afores. done, a certain W.C. was s eised of a certain close called R. in M. in the County foresaid, in the fores. place called G. contiguously lying in his demesne as of fee, and the same W. s oh thereof seized, before the same time in which, etc. at A. that close demised to the same T. to have to him at will of the ss aid W. by which pretext the same T. the time of the taking afore s aid done, of that close was possessed, and the fore s. E. the same time was seized of the foresaid close called G. in his demesne as of fee, and the same E. and all those who se estate than he had in that place, have made and repaired, and used were to make and repair, as often as need should be, a certain hedge or clos ure the same place called G. from the foresaid clos e called M altogether separating and fenceing, from the time the contrary of which in the memory of men is not, and the same T. saith, that he of the foresaid close called M. by virtue of the demise afore s aid possessed, before the foresaid time in which &c. put his beasts aforesaid into that close to feed there, and because the hedges of the foresaid E. the time of the taking afore said done, and before for defect of reparation thereof in divers parts of the same, broken was and wasted, the beasts aforesaid into that close in the foresaid place called G. by that breach at the time of the taking aforesaid, escaped and entered, and the foresaid E. than there being, the beasts than and there took, as by the Court aforesaid is s upposed, and this ready is he to verify; wherefore he prays judgement and his damages by occasion of the taking to be adjudged, etc.   

Replic of the pl. the enclosure was sufficient.  
And the foresaid E. saith, that though see beasts the time of the taking aforesaid suppo sed to be, the hedge aforesaid sufficiently made and repaired violently broke, and into the same place called G. entered, and the herb in that place growing cat up, and damages in it did, for which the same E. though see beasts than and there took, as the same E. above alledegd hath, and this ●eady is he to verify; wherefore he prays judgement, and the return of those beasts to be adjudged him, etc.   

Rejoinder.  
And the fore said T. saith, that the hedges aforesaid at the time of the taking afores. s upposed to be, broken and wasted were in the form which the same T. above alleged hath, and this he prays may be inquired by the country, and etc. likewise: therefore 12. etc.   

Action of trover. 
Finding.   
ss. I.P. plains of I.K. of a plea of trespass upon the case, and whence the ss ame I. by I.W. his attorney saith, that whereas the fore s. I.P. the first day of N. the year, etc. at P. within the jurisdiction of this court possessed was of two ewes of the price of x. s. as of his goods and chattels proper, and so thereof posse ssed being after viz. the same day and year at P. afores. the goods and chattels afores. out of his hands and possession casually he lost and missed, which goods and chattels after viz. the same day and year at P. afores. to the hands and possession of him I.K. by finding came, yet the fores. I certainly knowing the goods and chattels afores. to be the goods and chat of the foresaid I. P.and to him I.P. of right to belong and pertain, contriving and fraudulently intending the same I.P. in this part craftily and subtly to defraud and deceive, the goods and chat afores. of the fores. I.P. though often required, etc. as yet hath not given up nor delivered, but the goods and chattels aforesaid after viz. the first day of D. the year abovesaid, to his own use and commodity di sposed and converted, to the damage of him I.P. of xx. s. and thereof he produces his suit, etc.   

Count in tre spass.  
S.S. attached was to answer I. E.a plea why he together with W.L. the close and house of him I. at B. within the jurisdiction of this court broke, and other enormous, etc. Whence the same I. by I.H. his attorney plains that the foresaid S. together, etc. the xxx. day of September the year etc. the clo see and house of him B. at B. within the Jurisdiction of this court broke, and other enormous, &c to the grievous damage of him I. whence he says that he the worse is, and damage hath to the value ofxx. s. and thereof he produces his suit, etc.   

For the close and house broken, and herbs taken, than so.  
And whence the same H. in his proper person plains that the fores. I. together with R.R. and I.L. the 1. day of Sept. the year, etc. the clo see and house of him A. at W. within the Jurisdiction of this court broke, and his herb to the value of xx. s. now lately growing with certain beasts viz. horses, oxen, cows and hoggrels cat up, trampled and consumed, and other enormous things to him hath done, to the damage of him H. xxx. s. and thereof he produces his suit, etc.   

Culpable not pleaded.  
And the fores. def. by I.F. his attorney came, and defendeth the force & wrong when, etc. and as to so many trespasses afores. besides the breaking of the clos afores. he saith that he no whit is thereof culpable, as the fores. plaint above against him plaineth, & of this he puts them elf upon the country, and the fares. pl. likewi se: and as to the breaking the close afores. the same def. saith, that the foresaid pl. his action against him to have aught not, because he saith, that the foresaid plaintif before the time in which suppo sed is the trespass aforesaid to be, one cow of his the def at G. aforesaid found, without cause reas onable took, and her into the close aforesaid drove, and her there impounded, for which the same def. that cow again to have, the close aforesaid the aforesaid time in which &c. entered, and her than and there took and brought away, as well he might; and this ready is he to verify; wherefore he prays judgement whether the fores. pl. his action afore said therefore against him to have aught, etc.   

Replication of his own wrong without such cause and issue upon it.  
And the foresaid plaintif saith that he for any things prealledged from his action aforesaid of breaking the close aforesaid against the def. aforesaid praecluded aught not to be, because he saith that the fore said def. the day and year abovesaid, of his own wrong, and without the cause by him the def. praealledged, the close of him the pl. at C. aforesaid broke, as he above against him plaineth, and this be preys may be inquired by the country, and the fares. def. likewise: therefore 12. etc.   

Bar in trespass by offer of reasonable amendss.  
And the foresaid def. by I. W. his attorney came, and defend the force and wrong, when, etc. and saith that the foresaid plaint his action afore said against him to have aught not, because he saith that he immediately after the foresaid time of the trespass aforesaid to be supposed, viz. the 10. day of Jan. the year etc. at N. afore said, by the proper hands of him the def. offered to pay to the fore said pl. xi. s. for his damages with the cow's afores. in the fores. place in which, etc. to the fores. pl. done, which xi. s. were suffic. amendment for the damages with the Cows afore said, in the foresaid place in which, etc. the same time which, etc. done, which xi. s. the foresaid pl. of the same def. to receive than and there altogether refused. And this ready is he to verify; wherefore he prays judgement, whether the fores. plaint the action afore s. therefore against him to have or maintain aught, etc.  
Tender of sufficient amendss is a good plea in repleg before impounding the beasts, not after.   
Note, that if any man pl. or def. be minded to remove any action out of this Court, he must do it by the Keepers of the liberty of England by authority of Parliaments writ, called an Accedas ad cur, which issueth out of the Chancery; and it must be made by a Cursiter of that Shire where the action lieth, and directed to the sheriff of the same County, who will make his warrant to the bailiff of that Court, and the bailiff must take his return of the warrant, thus; First the bailiff sends or delivers to the sheriff a copy of the entrance of the Court when the cause was removed, thus:  

Alton Westbrook.  
The Court of R.T. Knight, thereheld on Thursday, viz. the x. day of May the year, etc. before I.W. G.S. R.H. and T.D. suitors of the s ame Court.   

The Copy of the plaint.  
I.S. plaineth against W.W. a plea of taking and unjust detaining of his beasts.  
By certue of this precept to me directed, taking with me I. W etc. four discreet Knights of the hundred of A. foresaid, I came to the Court of R. T.Knight, and to be recorded caused the plea which is in the same Court betwixt I.S. pl and W.W. defen, and that record ready I have under my seal and the seals of the foresaid 4. Knights of the same Court, of though see who at that record present were, and to the parties aforesaid the s ame day have I prefixed as to me commanded was, In testimony of which matter as well I R.F. bailie of the Hundred aforesaid, as the foresaid I. W.&c. 4. legal Knights of the Hundred aforesaid to these presents our Seal have put.   
Thereupon the sheriff maketh his return, as to the said writ appeareth.    
FINIS.