THE Order of keeping a Court Leete, and Court Ba­ron: with the charges appertayning to the same: Truely and playnly deliuered in the En­glish tongue, for the profite of all men, and most commodious for young Stu­dents of the lawes, and all others within the iurisdiction of those Courtes.

By Ionas Adames.

Quicquid agas prudenter agas, & Respice finem.

[figure]

Imprinted at London by Thomas Orwin & William Kirckham, & are to be sold at the little North doore of Saint Paules Church, at the signe of the Blacke-boy. 1593.

THE ORDER OF Court Leete, and Court Baron.

FIrst, there shall be a precept made by the Steward vnto the Bayliffe, to warne the Court by a reasonable time: that is to say, sixe or more dayes before the Court bée kept, in such forme as followeth: but it is the better, if warning be sixteene daies before, as it is in the Common Bancke.

The Precept.

A. B generos▪ Senescal.Black­forde. Manerij praedicti Baliuo e­iusdē Salutē. Tibi praecipio pariter & mādo, quod diligenter praemonere facias omnes tenentes infra Mane­rium praedictū, tam residentes quam non residentes, at (que) omnes Tenentes Custumarios Manerij praedicti, quod sint coram me in hac parte sufficienter deputato apud Blackford praedictam, die Iouis vicesimo sex to die Martij, proxime su­turo post datum huius, ad faciendum sectam suam, tam ad visum Franc. Pleg. quam ad Curiam Baron. & omnia alia quae eis incūbent, & pertinebūt, & haec nullatenus omittas, & habeas ibi hoc praeceptum: Datum sub sigillo meo, deci­mo die huius mensis Martij. Ao. Regni Elizabeth Dei gra­tia Angliae, Franc. & Hiberniae Reginae, fidei defensor. &c. Vicesimo quarto.

[Page] After that the Steward is set in the Court, hée must first enter in writing the title of the Court in the begin­ning of the Court Rolle, with the name of the place in such forme as followeth.

The entrie of the Court Leete, and Court Baron.

VIsus Franc. Pleg. cum Curia C. L.Blackforde. generosi Domini eiusdem ibidem tent. die Iouis, videlicet vicesimo sexto die Martij, An. Regni Dominae nostrae Elizabeth Dei gra­tia Angliae, Franc. & Hiberniae Reginae, fidei defensoris, &c. vicesimo tertio tent▪ per A. B. Senescallum ibidem.

When that is done, the Steward shal cause the Bay­liffe which serueth the Court, if it be in a Léete, to make proclamations, that is to say, thrée Oyes: and if it be in a Court Baron, then but one, and after shall say as followeth.

All manner of persons which had warning to ap­peare here this day, to serue the Quéenes Maiestie for her Léete, and the Lord of the Manour for his Court now holden, draw néere and giue your attendance, and euery one answere to his name as he shalbe called, vpon payne and perill that may fall thereof.

And after all be called, and those that are absent bée marked to be amerced, then the Steward shall cause a­gayne (if it be in a Léete) to be made other thrée Oyes. Then after the thrée proclamations made, the Steward shall cause the Bayliffe to saie.

If anie will bee Essoynd, come in and you shall bee heard.

And in a Court Baron, if any will be essoyned or en­ter any playnt, come in, and you shalbe heard, and then the Steward shall say, Essoynes and proffers of suite and plée thrée times, and in the end Essoynes for this day.

[Page] Then if there bee any person that hath any lawfull impediment that he cannot bee here as he is bound, let one aske an Essoyne for him (the Court sitting) to saue his default.

And then the Steward shall enter the Essoyne in the Court Rolle in this manner.

The manner of entering the Essoynes.

A. B. per C. D. essoniatur de cōi. & sic de alijs. Looke also if there bee any Tenaunt in the Manour that hath any action, or cause of action, sithence the last Court day, let him put in his playnt the Court sitting, and it shalbe entered.

Looke also if there be any precepts, attachments or distresses hanging in the Court Roles enquire of them openly in the Court, and knowe if the Baylie haue ser­ued them.

Also if there be any old playntes hanging in the Court Role before this Court holden, cause the parties to bée called, and before th'enquest bee charged, knowe if the plainte shall passe by the homage.

That done th'enquest shalbe empanneled. Then bid the Foreman lay his hand vpon the booke, and sweare him in forme following.

The Oth of the Foreman.
Cause the Baylie to holde the booke vnto the partie or parties sworne, but the Steward shall giue the Oth.

YOu shall diligently enquire, and true presentment make of all such things as you shall be charged with, concerning as well the Quéenes Maiesties Léete, as the Lords Court of the Mannor: you shall well and truely [Page] kéepeIf the Court Baron be kept by it selfe, there shall be omit­ted in this oth these words, the Queenes counsell, for that it is not the Queenes Court, but the Leete is. the Queenes Counsell, your fellowes and your owne: you shall not conceale nor hide any thing for fa­uour, feare, promise, or affection you beare to any person or persons, or present any thing for hatred or malice you beare to any man: but you shal present and tell the truth, the whole truth, and nothing but the truth, so helpe you God, and by the contents of this booke. And this being done, cause him to kisse the booke.

After the foreman is sworne by himselfe, cause thrée or foure of th'enquest to lay their right hands together on the booke, and giue them their oth as followeth.

The Oth of the rest of the Iurie.

AL such oth as A. B. hath made before you on his be­halfe, you and euery of you shall well & truely kéepe on your behalfes, so helpe you God and by the contents of this booke.

And then cause euery one that is sworne to kisse the booke.

And so in like manner sweare the rest.

After they be sworne, cause the Baylie to number them that be sworne, as the Steward doth reade them.

The Proclamation after the Oth taken.

THen make proclamation and say thus. All you that be here sworne, draw néere and heare your charge, and all the rest kéepe silence, vpon paine and perill that shall come thereof. Before the charge, gather the com­mon [...], which the Tenants doe pay euery Léete, ac­cording to the custome of the Mannor.

The exhortation to be giuen vnto the Iurie before the charge, to consider their Oth.

MAsters, the charge which you haue promised by your Othes to obserue, toucheth and concerneth diuers good lawes and statutes made for the whole Common­weale of this Realme, and also for the priuate wealth of euery of you, which matters the Lord of this Fraun­ches considering, and wishing your wealth and quiet­nes, willing also good orders to be obserued and kept a­mong you, and that right and equitie might be ministred to euery of you, hath caused therefore the Quéenes Ma­iesties Léete and her Court to be sommoned and kept here as this day: I will therefore by your fauour, before I enter into the matters of your charge, declare vnto you by what authoritie you are brought hither, and wherein you are bound to serue.

One cause is, for that the Quéenes Maiestie and her noble progenitors haue giuen and graunted vnto the Lord of this Mannor, a strength and power to kéepe a Léete or Law day at two times in the yeare, which Léet or Lawday al the Hed-borowes, Tythingmen and De­siners, and all other persons which be resident or dwel­ling within this Léete, being of the age of twelue yeares or aboue, are bound by the lawe of this Realme to ap­peare: for that there they may heare the Lawes and Statutes opened and declared, that thereby they may know and auoyd the daungers of the same, and further to enquire of the breakers of the same: and present them, that such offenders might be punished.

The other cause or authoritie is, for that you be the Lords Tenants, and are bound by reason of your Te­nure to appeare at the Lord his Court Baron, when it shall happen to be kept according to the law, that is to say, at euery thrée wéekes ende, and being here by these [Page] two authorities, you are boūd to serue in all such things, as you are ioyntly and lawfully charged withall, as well concerning the Quéenes Maiesties Léete, as the Lords Court Barron.

And thus you haue heard in briefe, the causes where­by you are bound to come to this Léete and Court Barron.

Also to the entent that this your Oth which you haue taken, may be the better knowne, I thinke it good by your patience somewhat to say concerning the same.

First in swearing, thrée things chiefly ought to bée considered: The first is, that you sweare truely, that is, you must seclude all fauour and affection to the parties, not fearing the rich, nor pitying the poore, not conside­ring the simplenes of any person, nor the smalnes of the offence, but hauing the truth onely before your eyes, for loue thereof say and speake that which you knowe to be true, and no further.

The second is, you must sweare in righteousnes, that is, for the very zeale and desire you haue in the declaring of the truth, for the executing of iustice, for the obseruing of couenants, honest promises, Statutes, lawes, & good Customes, and hauing a respect in doing and performing these things, you doe that which is to the glorie of God, the honor of the Quéene, the preseruation of the people and Common-weale: and this manner of swearing is commanded of almightie GodCaput. 6. Deutronomie, saying: Thou shalt feare the Lord thy God and serue him, & shalt sweare by his name. That is, we must serue God onely, feare him and confesse his holy name, which is done by swearing lawfully. Swearing also in many other places of Scripture is commanded, but the same conditionally, which is, we must sweare in truth, in iudgement, and in righteousnes, &c.

Thirdly, in swearing and taking an oth, you must doo it with iudgement, not rashly nor vnaduisedly, but sober­ly, [Page] considering what an Oth is: and to put you in minde thereof, I will in fewe words declare what an Oth is. An Oth is the calling or taking to witnesse of God his name, to confirme the truth of that we say. And S. Paul sayth,Hebrues [...] vers. 16. 1 [...] An oth for confirmation is among men an end of all strife. For in doubtfull and obscure matters, where the knowledge of men faileth, we flye vnto God, that he which is the onely truth, may giue testimonie vnto the truth, and he which vseth God for a witnesse, doth also call for reuenge of periurie at his hands, if he deceiue and speake not the truth: also in laying your hands vpon the booke, you doe sweare, truely to enquire and make a true presentment of those things wherwith you be char­ged, and not to let from saying the truth, and doing truly, for fauour, feare, loue or malice of any person: you must consider that in the same booke is conteyned God his e­uerlasting truth and most holy word, whereby we haue remission and forgiuenes of our sinnes and euerlasting life. Also in the Gospell book is cōtained God his plagues and threats to obstinate sinners, periured men, false wit­nesse-bearers, cōdemners of innocent and guiltlesse per­sons, so that if you willingly forsweare your selues, you vtterly forsake God, his mercie and truth, the merites of our Sauiour Christ, his natiuitie, life, passion, death, re­surrection and ascention, the ioyes of heauen and euerla­sting life, betaking your selues to the diuell the author of all lyes, periurie and deceit: and by forswearing, and forsaking the truth, you doe forsake Christ, the light and truth it selfe. And although that periurie doe escape sometime vnespied and vnpunished, and be kept secrete betwéene some of you and others, yet your hearts will iudge and repute one an other false, and be suspitious of each others doings: but God being faithfull he will not deny himselfe, and therefore he will not suffer the profa­nation of his name to be vnpunished: also at the last day, when the secrets of all mens hearts shall be opened, then [Page] the truth and your owne consciences shall accuse you, and Christ the righteous Iudge shall iustly condemne you to euerlasting death and damnation. For this sinne of periurie God by hisMalac. 3. Prophet hath threatned to pu­nish. Wherefore let vs pray vnto God that we may vse such othes as be godly & lawfull, that is, that we sweare not rashly, in trifles, or in matters of no waight, but whē it is néedfull and necessarie onely: also that we doe con­sider the ende, that our othes may serue to the honour of God, and to the boulting out and testifying of a trueth. And thus hauing put you in minde of your dueties and Othes, the which I trust you will diligently weigh and consider in performing and doing the same, to the com­fort of your consciences: I will procéed no further there­in, but declare vnto you the Articles of your charge.

The charge of Court Leete.

YOu must vnderstand, that high Treasons, petie Treasons, and Fellonies, which are against the Crowne and dignitie, are to be enquired of and presen­ted in Court Léete: but not punishable there, the which offences ought to be set downe in writing and indented, the one part to remaine with the Steward, the other with the Iurie, and the same must be deliuered to the Iu­stices of the Assises at the next Gaole holden within the Countie.

First, you shal enquire of high Treasons, as if there be any among you which doe compasse, imagine or en­tend the death of our Soueraigne Ladie the Quéene: or if any doe vtter the same by words or writing: or if any goe about to make warre against her: or if any bee ad­herent to any of her enemies. If any counterfeiteth, clippeth, fileth, washeth, or otherwise falsifieth the mo­ney of this Realme, or the Coyne of any other Realme, which is enhabled to bee currant within this Realme: [Page] or if any counterfeiteth any of the Quéenes Maiesties Seales, as the great Seale or Stampe: these are high Treasons. Also counterfeiting of the Quéenes Seale is to take waxe printed with the Quéenes Seale, and to fasten it to a writing not made by the Quéene. These are to be enquired of here as Fellonies, and to be certi­fied as aforesayd. Rastal. Treason 26.

Also if any kill his Master or his Mistres:Petie treason. or if a Priest, or other religious man kill his Ordinarie, this is petie Treason, and to be enquired here as Fellonie. 25. E. 3. cap. 2.

Also if any woman kill her husband,A woman to kill her hus­band is petie treason. it is petie Trea­son, and it is to bee enquired of as Fellonie. 19. H. 6. fol. 47.

Also cutting out of a mans tongue,Fellonies. and putting out his eyes of malice, is Fellonie, and to be enquired of here.

Also Murder is when any of malice purposeth to kill another Felloniously,Murder. and it is to be enquired here as bloodshed.

Also Manslaughter as a trespasse is here to be enqui­red,Manslaughter. that is to say, when the place is not appoynted to fight, but suddenly they fight together, and the one kil­leth the other as they méete by chance, also it is to be en­quired here for bloodshed.

Also if one kill another in defending himself,In defending himselfe and killing by mis­fortune. he shall loose his goods. The same lawe is where one killeth an other by misfortune, &c. Stamf. 15. A.

Also you shall enquire of Rape,Rape. which is, it a man ra­uish any woman against her wil, be she wife, widdow or mayde, though she afterward consent vnto it, it is Fel­lonie. You shall enquire also of their ayders: for they shall be iudged Rauishers, as well as he that did the déede. 22. E. 4. fol. 22.

Burglars are those which in the time of peace,Burglarie. or in the night time with a Fellonious entent to robbe or kill, [Page] doe breake any houses, Churches, walles or gates, and enter into them: this is Burglarie, and here to be enqui­red of. Stamf. fol. 30. B.

Robberie is when a man taketh any thing from any other person Felloniously,Robberie. though it were but the valew of a penny: this is Fellonie, and to be enquired of.

Also the burning of a house felloniously is Fellonie:Burning of a house or barne Also burning of Barnes in the night, is to be enquired of.

Also robbing of Churches or Chappels,Robbing of Churches. and taking of any Ornaments out of the same felloniously, is Fello­nie, and to be enquired of.

If any rescue any which is taken for fellonie,Rescue. this is Fellonie, and here to be enquired of.

Also taking of Doues in Douehouses with a fello­nious entent,Taking of Doues. is Fellonie, and here to be enquired of.

Also taking of yong Pigeons,Yong Pigeons and yong Gos­hawkes. or yong Goshawkes in their nests, is Fellonie, and here to be enquired of.

Also taking of fish felloniously out of Ponds,Taking of fish to be en­quired of. But if the same be taken out of a Riuer, there it is not Fellonie.

Also the taking of tame Déere with a fellonious en­tent,Taking of tame Deere, Signets, Swās, Peacockes. is Fellonie. The same lawe is for the taking of Signets, Swannes marked, and Peacocks, and the same to be enquired of.

Also if any receiue a Fellones goods,Receiuer. knowing of the Fellonie which he hath done, this is Fellonie, and here to be enquired of. And note that all other Fellonies which be Fellonies by the Common law, are here to be enquired of.

Accessaries are enquirable,Accessaries. and that is if one procure or commande another to doe a Fellonie, but not present when he doth it:Accessary after fellonie done. this procurer or commander is accessa­rie. Also accessarie after Fellonie is done, is where one receiueth a Fellone, knowing of the Fellonie.

Escape voluntarie is when one arresteth another for [Page] Fellonie,Escape volun­tarie. and after suffereth him to goe whither he wil, this is Fellonie, and also to be enquired of.

Escape negligent is when one is arrested for Fel­lonie,Escape negli­gent. & after escapeth against his will that arrested him, and if he be not freshly pursued and taken, before they that do pursue, loose the sight of him, he that kéepeth him, or his Gaoler, shall loose a grieuous fine, and hereof enquire.

Petie Larcenie is taking of any thing with a Fel­lonious intent,Petie Larcenie. vnder the value of xii pence: as Hennes, Géese, Pigges, or small things out of windowes, and those things are to be enquired of. You shall vnderstand that the Lord of whome the Land is holden,Escheate. shall haue the Lands by Escheate, where their Tenaunts bee at­taynted of Petie Treason, or Fellony, and the King shal haue a yeare, a day and waste, permagn. Chart. Chap. 22. and therefore you must enquire what Landes and Te­nements those persons so offending haue, and what goods for the King, except the Lord haue Fellons goods by the King his graunt, 9, H. 7. fol. 23. Also you shall vnderstand that those matters in the charge aforesayd, are to be enquired of and presented as aforesayd, but not punishable here, but they are to be certified by the Ste­ward in Sessions as aforesayd. But the rest of the mat­ters of the charge which ensue, are enquireable and pre­sentable, and be also punishable here in Léete, but not certified as the other were.

Those things which hereunder follow, are to be presented in Leete, and also to be punished there.

FIrst you shall enquire if all your Constables,Constables, Hedboroughs. Hed­boroughs, Desiners, and all other suitors which owe any suite hither, be here or not, & present all their names that make default.

[Page] Also if any haue dwelt within the Lordship the space of a yeare and a day,Of th'age of xii. yeares. and be of th'age of xii. yeares, and not sworne to the Quéene to be true and faythfull, this is inquirable.

Also you shall enquire if any of the Lords Villaines be fugitiue,Villanies. and remayne elswhere out of the Lordship, and be not in the alegiance of the King a yeare and a day, present the same.

Also you shall enquire if any Customes,Customes. or seruices due to this Court be holden backe, how, by whome, and in what Baylies time the same was, and present the same.

Also you shall enquire if any Purprestures bée made vpon the Land,Purprestures. wood, or water, with blockes, stakes, ditch, hedge, or by, or with any other thing done to the noysance of the people, that is to say, to the multitude, and not onely to one: also if any walles, houses, pales or hedges be made or erected to the noyance of the people, this is to be presented.

Also if any common high wayes,High wayes, waters, ditches or pathes. waters, ditches or pathes be turned out of their Courses, it is to be enqui­red of.

Also you shall enquire if any encrochment be made on the Quéenes high wayes,Encrochment. of any of the Lords soyle, Common, or one neighbour vpon another, and pre­sent it.

Also if any Lastalles be made in high wayes to the noysance of the people,Lastalles, or if any carryon be cast in the high way,Carrion. this is inquireable.

Also if any commonly breake the peace,Make frayes. as ma­king of frayes in disturbance of the people, this is en­quirable.

Also if there be any common Barretors in the Lord­ship,Cōmon Bar­retors as scolders and brawlers to the noyance and di­sturbance of their neighbours,Breakers of pound. present their names.

Also if any breake the common Pounde, to take a [Page] distresse out of the same, present their names.

Also if any Outcries be made against the Lawes in disturbance of the people,Outcries a­gainst the law. it is to be enquired of.

Also if any Rescous be made within the Segniorie vpon the Sheriffe or his Bayliffes,Rescous made against the Sheriffe or his officers. or vpon any of the Kings Officers, in disturbing of them to take any per­son to be arrested, it is to be enquired of.

Also you shall enquire if any Euisdroppers which stand vnder walles or windowes,Euisdroppers. by night or day, to heare tales and to carrie them to others, to make strife and debate betwéene their neighbours, present their names.

Also if there be any common breakers of hedges,Breakers of hedges. pre­sent their names.

Also if any kéepe and mayntaine anie Baudry in their houses,Keeping of bawdrie. it is cause of breaking the peace and is a vice that corrupteth the Common weale, and for that cause it is here to be enquired of.

Also if there be any Vagabonds,Vagabonds. and those which walke by night,Roberts men. and sléepe in the day, also if there be any that be common hunters of Tauernes or Alehouses, hauing nothing to liue vpon,To go on mes­sage for Theeues. they are to be enquired of.

Also if any goe in message for théeues, it is to bee en­quired of.

Also you shall enquire if any person haue watered any hemp or flaxe in any Riuer,For corrupting the waters. running water, streame or brooke, or in any common ponde where beasts doe vse to drinke, they shall forfeit for euery time so doing, one pound, the one parte to the partie grieued, or any other which will sue fo the same in the Léete, by action of debt, Bill, plaint, information or otherwise, and present the offendors.

Also if any haue and vse any measures of bushelles,False waights. gallons, Yarde or Ell, or false Ballances, or pounds, they are to be enquired of.

Also if any vse double poundes,Double waights. or measures, that is [Page] to say, one little or small weight to sell by, and a grea­ter to buy with, in deceiuing the people, the same is to be enquired of.

Also you shall enquire of th'assise of Bread and Ale,Assise of Bread and Ale. that the same be kept, that is to say, that euery one sell according vnto the rate and price of grayne, and that the same be made holesome for man, and hereof enquire.

Also if Tiplers sell by cuppes or dishes, or measures vnsealed and not sealed,Tiplers. it is enquirable.

Also if Butchers,Butchers and al other victualers do sel holsome meate at a rea­sonable price. Fishmongers, or other victuallers sell any corrupt victuall, not holesome for mans body, it is enquirable: also that all other that sell victuall, if they sell the same at a reasonable price, and not to be excessiue, hauing regard to the prices how victualles bee solde in places neere thereabouts, and he that is conuicted, shall pay double that he hath receiued to the partie damnified, and the same is to be enquired of.

Also that Hostelers doe not sell Hay,Hostler for sel­ling his Hay & Otes. nor Otes but at reasonable prices, and that they doe not take for the Bushell, but a halfepenny ouer the common price in the Market, and that they take nothing for litter, and this is enquireable.

An Hostler may bake his bread for horses in his house in any thorough fare Towne,Hostler may bake his bread. which is no Citie where common Bakers dwell, and if he bake and not make the same according to the prices of graine, it is to be pu­nished in Léete.

Also if any Hostler or other person,Harbouring a­ny suspect per­son harbour any sus­pected persons, perceiuing them to be of euill behauiour, it is to be enquired of.

Also if Millers take any excessiue tolle,Millers. it is to be en­quired of: and he ought to take for tolle but the twenty or 23. grayne according vnto the custome, and accor­ding vnto the strength of the water. Also if the Miller within this Lordship change the graine which he hath ground, it is enquirable.

[Page] Also it is to be enquired if all the Artificers do make good worke as they ought,Artificers. and if any make deceit in the same, in deceiuing of the people, you ought to present their names.

Also if any Constable,Misdemeanor of officers. Ale-taster, Bayliffe, or any o­ther officers within this Lordship, haue well and truely done their Offices or no, it is to be inquired.

Also no Purueyor shall make any purueyance for the King his house,Purueior. of any thing, to the value of fortie shillings or vnder, except he make ready payment to the partie, vpon losing his office, and to pay the value to the partie grieued: and if he doe the contrary, if the Stew­ard or Tythingman, vpon complaint to them make no resistance to the Purueyour, they shal forfeit to the par­tie grieued, the value of the thing taken, and double da­mages and this is the misdemeanour of these Officers,Peace and watch. and of those misdemeauours, and of all others, the Offi­cers are enquirable. Also the Constable ought to see the peace and watch to be obserued as it ought.

If any Treasure bée found, that is to say, put in the earth,Treasure foūd. and no man knoweth who hid the same, this is the Kings, except the Lord haue the same by special wordes, or by prescription.

If any Estraies be, they are enquirable, & that is, if a­ny horse,Estraies. pigges, hogges, cattell or Swannes, which haue come into this Lordship & haue béen there a yeare and a day, and not claymed, then the Lord may haue the propertie of the same by prescription, but the same ought first to be impounded in an open pounde, proclaymed in thrée markets next adioyning, and if none claime them, then they shalbe seased, and ought to be put into some se­uerall land, and not in any couert or wood, where the owner cannot finde them, for if they be in couert the pro­pertie is not changed, though they be there a yeare and a day.

Also you shall enquire whether any Théefe vponWaise. [Page] hue and crie, or otherwise doth waise his goods, that is to say, doth leaue or forsake his goods, or any percell of them, which he hath stolne, by reason whereof the King is seised thereof or the Lord by the graunt of the King: such goods are called waifes, and therefore present the same: also if any officer sease vpon any Théefes goods, though there be no pursuite made in these cases, the King or the Lord by graunt or prescription shall haue these goods, &c.

If anie flie,He that fl [...]eth. that is to say, if any be found by Indite­ment of murther before the Coroner, or if he be indited of Fellony, and acquited and found that he flieth, then he shall forfeit his goods to the king, and the Lord may haue them by Charter, and not by prescription, and this is enquirable.

If any horse or mare be put vpon a waste ground,Horse or Mare scabbed. and be scabbed, or hauing an infectious disease, hee shall forfeit to the Lord of the viz. Franc. Pleg. tenne shillings and this is enquirable.

If any Exigent be awarded against one endited of Fellony,Exigent. by the kéeping of his goods, they are forfeite, though after he be acquited of Fellonie, and the King shall haue his goods, and the Lord by Charter, and not by prescription without Charter, and this is enquire­able.

If any be outlawed in debt,Outlawed. Trespasse, or other per­sonall action, his goods be forfeited, and the King shall haue them and not the Lord, except it be by Charter, and not by prescription, and this is enquireable.

Also you shall enquire if the cōmon Fine haue béene here to be payde according to the custome.Commō Fine. and whether the same be gathered according vnto the vsage, this is commonly gathered by the Hedborough.

Note that euery one that hath view of Franc. Pleg. ought to haue Pillorie and Stocks to do Iustice:Stocks. also in euery town where there is a Léete, there shall be stocks, [Page] and for default thereof the town shal forfeit fiue pounds, and the same is enquireable.

Also you shall enquire whether any haue vsed in any of their garments,Appare▪ Veluet, Satten, Damaske, Taffata, Sarcenet, Chamlet, or any furres, as Foynes, Ienets, Martines, Squirrell, Foxe, Graie, Conie, Hare, or o­ther Furres growing within this Land, or golde, or sil­uer, in or vpon any of their garments, otherwise then the Statutes made in the 24. yeare of H. 8. and 1. and 2. of Phil. and Marie doe allow, you shall present the offendors.

Also you shall enquire whether any Baker,Victualle [...] Bruer, Butcher, Cooke, Tipler, &c. doe take excessiue gayne or no: also whether they conspire, couenant, promise or make any oth not to sell victuall, but at a certaine price, and present the same.

Also you shall enquire if any Artificers,Artificers. workmen, or, laborers haue conspired promised, or made any othes that they will not make or doe their workes but at cer­taine prises, or not to finish that which another hath be­gun, or wil doe but certayne worke in a day, present them for they shall forfeit certaine penalties, 24. H. 8. Cap. 12.

Also you shal enquire if any man being the Quéenes subiect not lame or maymed,Archers. not hauing any lawful im­pediment, being within the age of forty yeares, except spirituall men, and Iustices, doe vse and exercise shooting in long-bowes, and whether the fathers of such as be of tender yeares, doe bring vp their children in the know­ledge of shooting, and whether euery man childe of sixe yeares and vpward, haue a bowe and foure shaftes: if they haue not, their gouernors shall forfeit certaine pe­nalties: present therefore such offendors.

Also you shall enquire if the Buttes bee made and continued,Buttes. & if your Buts be not made and continued, ye shal forfeit for euery 3. moneths for default thereof xx.s.

[Page] Also you shall enquire if any Tanner haue offered to be sould any hide of Bull,Tanners, Cur­riers, and tan­ned leather. Oxe, Stéere or Cow gathed or cut, whereby the same is deminished, he shall forfeite for euery one twelue pence.

Also no Currter ought to currie any leather in a Shoomakers house,Curriers. and none ought to currie any lea­ther euill tanned.

Also you shall enquire if there be any Crow-nets, if there be not,Crow-nets, and Crow-neasts. the Lord shall haue the moytie of ten shil­lings, which shall be forfeited by the Parish or Towne for not hauing the same. Also if they destroy not the Crow-nests when they begin to bréede, they shall be a­merced.

Also you shall enquire if any person by any meanes haue taken and killed any yong broode Spaune or Frie,For the taking and killing of fish. of Salmon, Eeles, Pikes, or any other fish in any Streame, Riuer, Brooke, Floodgate, or in the tayle of a­ny Mill, and present the offenders. And further, when any person hath taken in any of the places aforesayd, a­ny Salmons, or Trowtes out of season, or any Pikes or Pikerels not being in length ten ynches, or any Bar­bell not being in length twelue ynces, or any Salmons not sixtéene ynches: If any haue done so, they shall for­feite certaine penalties.

Also you shall enquire if any breake by day or night the head or damme of any Pond,Breaking the head of any pond. Poole, or Moate, within which the Lord hath fish, to the entent to scatter, steale, and destroy the fish, he shall pay to the Lord treble dam­mages, and shall be imprisoned thrée moneths, and after finde sureties for seuen yeares of his good abearing.

Also you shall enquire if any doe hunt Déere out of the Lords lande,Hunting of Deere. or kill any of his Déere, and present them.

Also you shall enquire if any person doo kéepe or main­taine any Common house,Vnlawfull games. Alley, or place of Bowling, Quaytes, Cayles, Tennise, Dicing, Tables, or Car­ding, [Page] or any other vnlawfull games, and present them: if they doe they shall forfeite certaine penalties. Also you shall enquire if any person doe haunt the sayd houses and places. Also further you shall enquire if your Con­stables and other officers doe make true search in such places which be suspected to be frequented with any vn­lawfull games, yea or no, if they doe not they shall for­feite certaine penalties, you shall therefore present such offenders. 33. H. 8. Cap. 9.

No stoned Horse being of the age of two yeares,Horses. except he be fourtéene handfuls high, shalbe put to pasture in a­ny Common, Forrest, or Chase, vpon paine of forfeiting the same Horse. Also the sayd lands ought to be yearely driuen at Michaelmas by the Lord, Tything men, Con­stables, &c. or within fiftéene daies after, vpon paine of fortie shillings: and if vpon the same driuing there be found any Mare, Fole, or Gelding, not able to beare Foles, or not able to doe profitable seruice, the same shal be slaine and buried. 32. H. 8. cap. 13.

Also you shall enquire if the inhabitants after Rob­beries and Fellonies committed,Hue and crye. doe make fresh suite from towne to towne, or from Countie to Countie, or from Hundred to Hundred, according to the Statute of Winchester. 13. E. 1. cap. 2. For if a man be robbed in the day time, and the Théefe escape and is not taken within halfe a yeare after the Robberie, for lacke of Hue and crye, the Borough or Hundred shall answere to the par­tie all his goods and damages. Also if any person be kil­led in a Towne in the day time, and the murtherer or manslayer escape, not taken nor arrested by those of the Towne, then the Towneship shall be amerced. 18. E. 2.

Also you shal enquire if your Constables and Church­wardens haue appoynted any surueiour for the mending of high wayes,For the men­ding of high wayes. leading to Market townes or no, and if any chosen, refuse the same office, he shall pay twentie shillings. Also you shall enquire whether the same sur­ueiours [Page] haue taken vpon them the sayd office, and put the same in execution: and whether the Parishoners haue done their duties, and present all those that haue offen­ded contrarie to the same Statute, for the offenders shall forfeite certaine penalties.

Also you shall enquire if the ditches be scoured,Scouting of ditches & cut­ting of hedges. and bushes cut according to the Statute made in the first yere of Q. Elizabeth, for not doing of the same they shal forfeite ten shillings.

The moytie of all the forfeitures for these Statutes,Nota. the Churchwardens shal haue to bestowe vpon the high wayes.

Also you shall enquire if any person haue watered any Hempe or Flaxe in any Riuer,For watering hempe or flaxe running water, Streame or Brooke, or other common ponde where beasts doe vse to drinke, they shall forfeite for euery time so doing one pound, the one part to the partie grieued, or any other which will sue for the same, and shall giue a remedie to sue for the same in Léete by action of debt, bill, plaint, information or otherwise.

Also you shall enquire whether any refuse to come to Musters before any person authorised to take the same,Musters. he shall be imprisoned for ten daies, except he pay to the King fortie shillings: and if any person appoynted to take Musters receiue any money to release any appoin­ted to serue, he shall forfeite ten times so much as that he receiued. 4. & 5. P. M cap. 3.

If any person to the number of twelue,Ryots. make an vn­lawfull assemblie, as in breaking of Bankes, Enclo­sures, Parkes, Fishponds, Barnes, Houses, and such like, and proclamation be made by the Sheriffe or Iu­stice of Peace that they depart, and notwithstanding they remaine together an houre after proclamation made, euery such attempt is Felonie. Also euery Co­pyholder being a Yeoman, Husbandman or labourer, of the age of eightéene yeares, and vnder thréescore, not [Page] sicke, nor hauing a reasonable excuse, and being required by the Iustice, Sheriffe, &c. to apprehend those persons aforesayd, and refuse, shall forfeite his estate during his life, and his Lord may enter. Also the Farmer being a Yeoman, &c. refusing, is in the same case to his Landlord. Also it is Felonie if any person without compulsion, bring, sende, or deliuer any money, harnesse, artillerie, weapons, or victuals, to any person assembled in such manner. Also the Iustice of Peace or other officer may raise a power to suppresse them: and if any officer kill a­ny such rebellious persons, or maime them, they shall be free: and if any person knowe of any such pretended re­bellion, and doe not openly declare the same within xx. houres next after such knowledge, he shalbe imprisoned for thrée moneths without bayle or maineprise, if he be not discharged by a Iustice of Peace: also he that letteth or hindereth that proclamation that the same bee not made, committeth Felonie.

Anno quinto Eliza. cap. 1.Of the Queene and assurance of her power. If any extoll or set forth the authoritie of the Bishop of Rome against the forme of this Estatute, he shall encurre the daunger of a Premu­nire, and this Estatute is to be declared in Léete.

None may trace,Tracing of Hares. destroy, or kill a Leueret in the night with dogge, or otherwise, and he that doth it shal forfeit sixe shillings eight pence. 14. H. 8. cap. 11.

Also you shall enquire if those persons which doe sell Wines be thereunto licensed,Licenses for Wine. according vnto the Sta­tute made in the vii. yeare of E. 6. &c. vpon a grieuous paine and forfeiture, and for euery day occupying or sel­ling of Wine without licenses. Also you shall enquire how many there are licensed, and present them. Of this and all other matters and defaults you shall diligently enquire and make a true presentment.

Then after the charge is giuen, the Steward shall com­mande the Cryer to make proclamation, and after proclamation made three times, the Steward shal say.

IF any can enforme the Steward or this enquest of a­ny petie Treason, Felonie, petie Larcenie, Purpre­sture, breaking of Pounds, or of rescues, or of any other thing done against the peace, or of any person of euill be­hauiour within the Léete, or of any Artificer that doth make deceipt, or of any other misdemeanour of any offi­cer, or other person here, or of any Waife or Stray, Treasure found, or of any other thing here to be enqui­red of; come in and you shall be heard.

Then if any come in he shall be sworne to giue euidence to the Iurie, and after that the Steward shall say to the enquest.

GOe you together and enquire of the matters of your charge, and when you be agréed I shall be readie to take your verdite.

Finis del Charge de Court Leete.

THE ORDER OF keeping Court Baron.

The stile of the Court.

CVria Baronis M. L. ibidem tenta die Martis,Overstoy. videlicet decimo quarto die Maij, Anno Regni Elizabeth Dei gra­tia Angliae, Franc. & Hiberniae Reginae fidei defensoris, &c. 21. tent. per A. B. Senescallum.

After the stile of the Court entered, you shall cause the Bayliffe to crie once Oyes, and then call the Iurors.

Examp.
  • Iohn Doe,
  • Richard Roe,
  • Iohn Den,
  • Richard Fen,
  • Walter Hellen
  • Robert Allen,
Iura­tores.
  • Rob. Dodge,
  • Tho. Lodge,
  • Adam Clark,
  • Dauid Parke,
  • Henry Loe,
  • Williā Croe.
Ho­mage.

After the Iurie is called, the Bayliffe shall crie an other Oyes, and then the Steward shall say:

If any will be essoyned or enter any playnte, come in and you shalbe heard.

[Page] And after the Essoynes be entered, and your plaints determined, then empanell the Iurie, and sweare them.

After th'enquest is empanelled and sworne, make another Oyes, and say, you good men which be empanel­led, come neare, and you and all other kéepe silence du­ring your charge.

An exhortation to the Iurie.

MY Masters, you that be sworne, before I giue you your charge in this Court Baron, I thinke it good to declare vnto you by what authoritie you are com­maunded to bée here, and for what cause. Chiefly you are appoynted to be here for that you be the Lords Te­nants, and are bound by reason thereof to appeare at the Lords Court Baron when it shal be kept according vnto the lawe, that is to say, at euery thrée wéekes ende being warned, and being by the same authoritie there to end and determine Iniuries, Trespasses, Debts, and o­ther actions, where the debt or damage is vnder fortie shillings. And also that nothing be done within the Ma­nour hurtefull to the inheritance of the Lord of the Ma­nour, which ought to be enquired and presented for the Lord: and that you be the more diligent and carefull in enquiring and presenting the same, I haue ministred an oth vnto you, which is the calling or taking to witnes of God his name, to confirme the trueth of that you shall say and present, minding neither fraud nor deceit, but onely the trueth, not partiall, but séeking the glory of God, the profite of your neighbours, and the common weale of God his people.

The Charge.

FIrst you shall enquire of the suitors which owe any suite to this Court whether they be heires or noe, and [Page] present their names that make default, for they which be absent ought to be present here as well as you, except they haue some lawfull impediment to the contrarie, for they holde their landes aswell to doe their suite as to pay their rent, so that if they doe not their suite they shall bee amerced, or the Lord may haue good remedy for the same: otherwise you shall vnderstand, that euery common sui­tor is bound to the lawes to appeare at the Lords Court Baron at euery thrée wéekes ende:The tenants are bound to appeare at euery 3. weekes end at the Lords Court Baron notwithstanding, the Lord for your ease, (which he estéemeth more then his owne profite suffereth the same to be kept but sel­dome, as appeareth, for which cause euery of the Te­nants ought the more willingly to come vnto his Court at such times as he doth appoynt for the same: for if they wilfully absent themselues, then they render e­uill for good, and besides that they incurre the daunger of periurie, for when they did their Fealty, they were sworne to be true Tenaunts vnto their Lorde, and to paie and doo all manner of suites, customes, and ser­uices due for their Tenements, at their day assigned, and therefore let euery man remember his oth and duety, and doo his suites and seruices according to the same, or else he shall fall into the daunger aforesaide.

Next you shall enquire whether there bee any Te­naunts dead sithence the last Court day or before,What tenants is dead since the last Court. whose death as yet is not presented, and you shall pre­sent the same:What land he holdeth and by what seruice. also what Landes and Tenements he hol­deth of this Lordshippe at the time of his death, and by what seruices, that is to saie, whether it were by Knights seruice, Socage, Tenure, or Copiholde, and what aduantage the Lord shall haue by his death, as Warde, Mariage, Beleefe, Escheate, Fine, Herriot, &c.Also who is his next heire. and who is his next heire, and what age he is of, and in whose kéeping, and present it. You shall vnder­stand there be diuers manner of Tenures, but most men doo holde by Knights seruice, or Socage tenure.

[...]
[...]

[Page] Knights seruice is when the Tenant holdeth of the Lord by Escuage,Knights seruice what it is. that is to say, by the seruice of the shield, also to holde by Castle guarde, that is to say, to kéepe a Castle, or Towre, or doore, or other place of his Lords vpon reasonable warning, whē the Lord heareth ye enemies do come into England, y is Knights seruice.

Also he that holdeth by Homage,Homage, fealtie, & Es­cuage Knights seruice. Fealty, and Escu­age, holdeth by Knights seruice. Also he which holdeth of his Lord to blow a horne to warne the men of that countrey when enemies do come into England, hol­deth by Knights seruice,Knights seruice is done by the body of a man and Knights seruice ought al­wayes to be done by ye body of a man, and that seruice draweth vnto it, Warde, Mariage, and Reléefe: for when such a Tenaunt dieth, seysed, and his heire male within age,Knights seruice draweth vnto it warde, mari­age & releefe. and vnmaried, the Lord shall haue the land holden of him, and also the mariage of him vntill he bée of lawfull age, that is to say, the age of xxi. yeares. But if such a Tenant dieth seysed, his heire female being of the age of xiiii. yeares or more, then the Lord shal nei­ther haue the wardship of the Land, nor yet of her body, for that the law entendeth, that a woman of that age may haue a husband able to doe knights seruice: and if she be within the age of xiiii. yeeres and vnmaried, then the Lord shall haue the wardship of her land, and also of her body vntill she be of the age of xvi. yeares. And some such Tenants do holde by halfe a Knights seruice, & some by halfe a Fée, & some by more, and some by lesse: & if such a Tenant dyeth which holdeth by one Knights Fée, & his heire being of full age, then the Lord shall haue Homage and Fealtie, & also fiue pound for a Reléefe, & of him which holdeth by half a Knights Fée, ii. pound x. shil­lings, & he that holdeth by more shall pay more, & he that holdeth by lesse shall pay lesse, you shall therefore present whether any such Tenant died seased of any such lands & Tenements so holden yea, or no.

Also you shall enquire whether any Tenaunt which [Page] held by Knights seruice, made any Feoffement to his heire, and after dyed, his heire being within age, yea or no.

And whether any such Tenaunt made any alienation of any such land so holden to any person by collusion,Alienation by collusion and holding by Knights seruice to defeate the Lord of his Warde, or other profites, yea or no, and present that: for in all these cases the Lord shall haue the Warde and mariage of his heire, and also of his lands, as well as if the sayd Tenaunt had dyed seysed of the same land.

Also you shall enquire whether any such Tenaunt which held by Knights seruice,Feoffement a son vse, the land holden in Knights seruice did make any Feoffment by déede to his vse, or any Recognizance by fine to his vse, or suffer any recouerie against him to his vse, and af­ter dyed, and no Will by him declared, and present it: for in those cases also the Lord shall haue reliefe of his heire, being of full age, and other dueties, aswell as if his Tenaunt had dyed seysed.

Also you shall enquire whether the heire of such Te­naunt, entred into any such lands so holden,Entre for condition broken. for any con­dition broken, being made by any of his auncestors, and present it.

And whether any such Tenaunt hath entred into a­ny house of Religion,Entre into Re­ligion. and is there professed yea or no, and present it: for in these cases the Lord likewise shall haue such profites, as hee should haue had if his Tenaunt had dyed seysed.

Also you shall enquire if any Tenaunt which held by Knights seruice,Disseisin of the tenaunt, & death before a­ny reentree. was disseised of lands so holden, that is to say, put out of them by one which had no rightfull title to the same, and after dyed before any reentree, or ny lawfull recouerie had, and present it, for the Lord shall haue the wardship of the bodie of the heire and of his lande, as well as if his Tenaunt had dyed thereof seised.

Socage Tenure is, as if the Tenaunt holdeth of the [Page] Lord by fealtie and certaine rent for all manner of serui­ces,What Socage tenure is. or by homage and fealtie for all manner of seruices, or by fealtie onely for all manner of seruices, or to pay a summe of money for escuage, or to pay a certaine summe of money for Castle gard: al such Tenures are Tenures in Socage: and all other Tenures which are no Te­nures by Knights seruice, are Tenures in Socage: and where such Tenaunts dye seysed of any lands so holden, the Lord of whom the land is so holden, after the death of his Tenaunt, can haue no more profite but onely his fealtie and reliefe,Reliefe is as much money as one yeares rent. that is to say, as much money and ser­uice as one yeres rent doth amount vnto. As if the Te­naunt held by fealtie, and ten shillings for a Reliefe, ouer and besides the ten shillings which he shall pay for his rent, and in such case after the death of the Tenaunt, such reliefe is due to the Lords maintenance, so that the heire be of the age of xiiii. yeares, and he ought to tarrie for his reliefe vntill the day of payment of the rent, but he ought to haue his reliefe maintenant, and for that he may distraine immediatly after the death of his Te­naunt.

Also if a Copyholder dye sole seysed of any lands or Tenements so holden,A Copyholder dyeth. his heire being of the age of xiiii. yeares, then he shall pay a fine vnto the Lord and doe fealtie, and be admitted Tenant: but if the heire be with­in the age of xiiii. yeares, then some Garden shall be ad­mitted to occupie his Copyhold, and to pay and to doe his seruice due for the same, that is to say, if lands discend from the father, then the mother or some of her next kin shall haue the occupation of the same lands, vntill the heire be of the age of fouretéene yeares, and they shall a little fine for the Gardenship, and the heire at his en­trie shall pay the whole fine, you shall enquire thereof and present the same.

Also you shall enquire whether any Tenaunt which held by Socage Tenure, did make any Feoffment in fée [Page] to his vse, and dyed seysed of the vse, his heire being with­in age, and no Will by him declared of the vse, and pre­sent it: for the Lord shall haue his reliefe, as well as if he had dyed seysed of the same lands.

Also you shall enquire whether any Fréeholder hath aliened or sould away his Fréehold lands or tenements,Whether any Freeholder hath aliened any of his free­hold lands. or any parcell of them, and present it: for he which hath bought the land, before he enter, ought to come and giue notice vnto the Lord that he hath bought the same, and so the Lord shall knowe his Tenaunt, and the seruice which the former payd vnto the Lord, shall be apportio­ned according vnto the valew of the lands.

Also you shall enquire whether any which held by Herriot seruice,Herriot seruice Herriot cu­stome. or Herriot custome, dyed seysed of any lands or Tenements so holden, and present it, for their seruice shall be apportioned: also the Lord shall haue of euery of their seuerall parts diuers Herriots at their se­uerall deaths: also if one man haue two seuerall parcels of lands holden by Herriot seruice, and by two seuerall titles, and dyeth seysed of the same, the Lord shall haue after his death two Herriots.

Also you shall enquire if any Copyholder dyed seysed of any lands so holden,Whether any Copyholder dyeth seysed of any such lands and present it: also whether any Copyholder hath made any lease of his Copyhold, or o­therwise aliened or sould the same, and present it, for it is a forfeiture of his Copyhold: for if a Copyholder will a­lien or sell away his Copyhold, he ought to come into the Court and surrender the same into the hands of the Lord, to the vse of him which shall haue the state, or els out of the Court he ought to surrender it vnto the Bay­liffe, or to some of the Tenaunts of the Lordship,How a Copy­holder ought to surrēder his Copyhold to the vse of him which shall haue the state, and they to whom the surrender is made, ought to present the same at the next Court, and then pay his sine for the same, and take it to his vse in the Court, and doe his endeuour to be ad­mitted, and if he be not at the same Court, then the Lord [Page] shall haue the meane profites of the same lands, all the rent seruices and reparations being deducted, vntil he be amerced of his fine according to his dutie.

Also you shall enquire if any Copyholder hath made any surrender of his Copyhold,Whether any Copyholder hath made a­ny surrender. or any part thereof sithence the last Court day, or before, and present it, and into whose hands it was made, and in whose presence, or to whose vse: for at euery surrender the Lord ought to haue a fine, and the partie into whose hands the surren­der is made, ought to come to the next Court, and present the same, & to yéeld vp his right into the Lords hands, to the vse of the alienée, according vnto ye trust re­posed in him, or otherwise he forfeiteth his Copyhold, except he haue a reasonable excuse: for that he doth as much as he may to defeate the Lord of his fine, and also to defeate the other partie to whose vse the surrender was made.

Also you shall enquire if any Tenaut of the Lord­ship haue giuen any lands into imortemane,Mortmaine. & present it.

Mortemaine is if a man giue or sell any landes to a­ny house of religion, or to any other which be corporate by the Knights graunt: also if one make a Feoffement vpon trust to the vse of an house of religion, or to the vse of a Guilde or fraternitie Corporate, that is morte­mayne.

Also if one exchange landes or Tenements with an Abbot or other body corporate, this is mortemaine. Also if a man of religion or other body corporate doth holde of any man by Knights seruice, and hée release vnto him this his mortemaine, and then the King or L. may enter, & shall haue the same by force,A statute made thereof that the king or Lord shall haue the same. you shall therefore present them that haue giuen any landes or Tenements in mortemayne.

Also you shall enquire whether any Tenaunt for tearme of life or yeares, or any copyholder of this Lord­shippe hath made any waste,Waste. or suffered any waste to [Page] be done vpon their lands and Tenements, yea or no.

Wast is as when any Tenaunt for tearme of life,What wast [...] and how the same is done yeares, or any Copyholder pulleth downe any house, or cutteth downe any Timber, Trées, or suffereth the house willingly to fall, being on their Copie tenements, or if any of the Tenaunts plough vpon any medowe ground, or if they suffer any wall or pale which were co­uered to be vncouered, by reason whereof the same wall or pale doth fall in decay, or if any of them digge coales chalke, or sande, or make any Mines in their grounds, then they make wast. Also if they fell a trée to the va­lew of thrée shillings foure pence, this is admitted wast: but if a man cut downe Timber to repaire the olde hou­ses which stand vpon parcell of the same ground, and therewith doth repaire them, then it is no wast: but if he with the Timber build a newe house, then the cutting downe of such timber is wast: Or if he cut downe any timber to sell, to repaire such houses which are fallen in decay, such is wast. But if wast be done with a Tem­pest, no Tenaunt shall be punished for such wast: but if wast be done by any daunger, the Tenaunt shall be pu­nished for such wast. Also it is no wast to fell in a reaso­nable time such trées as haue béen felled within twentie yeares before: but if a Tenaunt cut downe such trées to burne vpon their Tenemēts, where they haue wood sufficient, this is wast. Also a Copyholder may not cut downe wood to sell, but he may to burne, vpon his Tene­ment, or to make reparations as aforesayd.

Also you shall enquire whether any Tenaunt in pos­session or reuersion dyed seased of any lande or Tene­ments holden of this Lordship,Whether any tenant in pos­session or re­uersion dyed seased without any heire. hauing no heire at the time of his death, yea or no, and present it, for then the Lord shall haue the land holden of him by Escheate. You shall vnderstand that none shall haue lands in fée simple as heires vnto any man, vnlesse he be heire of the whole [Page] blood: for if a man haue issue two sonnes by diuers wo­men, and dyeth seysed of the same land, and the eldest en­treth and dyeth without issue, the yongest shall not haue the land as heire vnto the brother, because he is of the halfe blood, but some other heire of the fathers side shall inherite the same land, and if he haue no heire on the fa­thers side, then the next heire on the mothers side shall not haue the land, but the Lord of whom the land is hol­den shall haue the land by Escheate, and so when land descendeth on the mothers side, the heire on the mothers side shall enherite, and not the heires of the fathers side. Also you shall vnderstand,A bastard may not inherite. that a Bastard can neuer be heire vnto any man, nor yet haue heire vnto himselfe: therefore if any Bastard, or any other Tenaunt haue dyed seysed without heires, you shall present it.

Also you shall enquire if any Tenaunt was seysed of any lands or Tenemēts,Whether any tenant dyed being put out of lands which he had no right. and was put out of his land by one which had no rightfull title, and afterward dyed without any heire, the Lord shall haue his Escheate as well as if his Tenaunt had dyed seysed.

Also you shall enquire whether any Tenaunt of this Lordship hath committed any petie Treason,Petie treason, felony or mur­der committed of any tenant, for which he was hanged, or had iudge­ment to be hanged. Felonies, or Murders, for the which he was hanged, or for the which he had iudgement to be hanged, though after­ward he payed his charge and was deliuered to the Or­dinarie, and present it. And whether any Tenant hath committed any petie Treason, Felonie or Murder, for the which he hath forsworne the Land, for the which he was outlawed, or for the which he was beheaded, or for the which he was ouercome by wager of battaile, or by death, and present it: for in all these cases the Lord of whom the lands are holden,Whether there be any rents lost, or seruices withdrawne. shall haue the lands by Es­cheate, and also the euidences concerning the same.

Also you shall enquire if there bee any Rents, Cu­stomes or seruices withdrawne frō the Lordship, which of right ought to be done, and present it, and what rents, [Page] customes and seruices they are, and by whom they are withdrawne, and where the land lyeth, that the Lord may haue the remedie for the arrerages thereof.Whether the tenaunts doe vphold and re­paire their te­nements.

Also you shall enquire whether the Copyholders or the Farmers of this Lordship doe vphold and repayre their Tenements, yea or no, and present the same. You shall vnderstand that euery Tenaunts is bound to thrée things: first, that he be true Tenaunt to his Lord: se­condly, that he sufficiently repayre his Tenements: and thirdly, that he pay and doe all suites, customes, and ser­uices at his daies assigned: for he tooke vpon him so to doo when he did his fealtie: & if he doe not pay his suites, cu­stomes & seruices, the Lord shall haue good remedie & re­couer the same with his damages: & if he be a Copyhol­der, and do the contrarie, he doth forfeite his Copyhold.

Also you shall enquire if any Tenant of this Lordship which is bound by reason of his Tenure to doe suite vnto the Lord,Whether any tenaunt haue withdrawne his seruices. will doe the same yea or no, and present it: and whether any haue vsed to withdraw their suite from the Lord his Mill, in not grinding their corne there, yea or no, and present it.

Also you shall enquire whether any Waife or Stray,Waife and Stray. is, or was within this Lordship, and whether the Lord bee answered of the same, yea or no, if not, present by whom they are conueyed away: also you shall enquire if any Herryot be conueyed away, yea or no, and present it, and by whom.

A Waife is if a théefe vpon hue and crye and pursuite after him,What a Waife is. or otherwise to ease himselfe of his cariage, without hue and crye doth waife his goods, that is to say, doth leaue and forsake his goods which he hath stolne, or any parcel of thē, by reason whereof y King, or any other Lord or officer in his right, or in his own right do sease y goods, in those cases ye goods so seased are called Waifes, & the same law is, if any officer take any goods of a théefe, suspecting that he hath stolne them, though there bée no [Page] pursuite made, and in these cases, the King, or els the Lord by reason of a graunt made by the King, or by pre­scription shall haue the goods so waifed, if the owner of them doe not make fresh suite after the Théefe to at­taint him for stealing of the same goods: which fresh suite if he make, he shall haue his goods agayne, though they be waifed, but then he must sue an appeale, and so haue them.

An estray is as when any Horse,What an e­stray is. Mare, Oxe, Shéepe, or other Beasts are in the Lordship, and no man know­eth the owner of them, they shall bée seased vnto the vse of the King, or to the Lord which hath such an estray by the King his graunt, or by prescription, and if the owner come and make claime within a yeare and a day, then he shall haue it agayne, or els after the yeare and the day the propertie thereof shall bée to the King, or els to the Lord which hath the same by graunt or pre­scription, so that the Lord make proclamation thereof, according to the lawe, in the next markets, and in the Church.

Also you shal enquire whether any person haue made rescues against the Lord,Rescous. or any other officer, and pre­sent it.

Rescous is when the Lord distreyneth in the land hol­den of him for his rent, or seruices behind, or if the Lord come vpon the lands and would distreyne, and the Te­naunt or some other will not suffer him, that is Res­cous. Also if the Lord distreine for seruice behinde, or for damage fesaunt, and in driuing Cattell to pound, the Beastes enter into the house of the owner, if in such case he that distreyneth doth pray deliuerance, and the possessor will not deliuer them, that is a Rescous, therefore you shall present it, if Rescous haue béene made.

Also you shall enquire whether any person hath bro­ken the Lords pound,Breach of pound. that is, to haue taken away a di­stresse [Page] put in, yea or no, and present it. You shall vnder­stand, that if the Lord doe distraine any Tenaunt for Rent, or seruice behinde, he may impound the same di­stresse in a common pound if hee will, or in his owne ground, or in his neighbours if hée will, by the licence of his neighbour, and all those places in which the Lord doth impound any Cattell, are called the Lords pound, but not alwayes when another doth impound any di­stresse in his owne pound or in his neighbours: It be­houeth him to giue notice to the other partie, for that if the distresse be quick he may giue it meate, and then if the beast die for want of foode, hee that was distrayned shall be at the losse, and then he that distrayned before may distrayne agayne for the same Rent or duety.

Also you shall enquire if any Tenaunt of this Lord­ship,Whether any Tenant hath let any Farme fall to decay, viz. not main­tayned for hus­bandry as be­fore. hath let any Farme or house fall into decay, which at any time sithence the first yeare of the raigne of King H. 7 hath béen let with twenty acres of land being in til­ling, yea or no, and present it, for if they suffer their houses to fal into decay, the Lord may take and distraine for halfe of the issues and profites of the same, and kéepe to his owne vse vntill such times as the houses shall bée sufficiently builded and repayred, that is to say, mayn­tayned againe for husbandry.

Also you shall enquire if any inhabitance or common haue ouercharged the cōmon or high wayes, or your cō ­mon fieldes, by putting in more Cattell then they ought to kéepe, and whether any of them hath put their Cattel in any their commons aforesayd, before the dayes agréed vpon, and present it, for the Lord as it séemeth may di­strayne the surplusage, damage, Fesaunt, or else you may make among your selues orders and lawes for your owne profite, that none shall doe vpon payne of certain penalties, &c. and by such lawes the inhabitants & com­moners shall be bound, &c.

Also you shall enquire if any person haue made any [Page] pittes in the high wayes,Whether any pits be made in the high wayes, brea­king of hedges hogs vnyoked, or vnringed. and whether any person doe commonly vse to breake hedges, and to suffer hogges to got vnyoaked, or vnringed, to the annoyance of their neighbors.

Also you shall enquire whether any person hath strai­ned or stopped any wayes, water, ditches, pathes, or tur­ned any of them into a wrong course,Stopping wayes, waters, &c. & present it.

Also if any haue encroched any land of the Lordes, that is to say, Land, Medowe, Pasture, Wood, Heath, Moore,Whether anie haue encro­ched. or any other vacant land without licence of the Lord, by setting of his hedge, pale, or otherwise, and pre­sent the same.

Note that all the vacant and waste land within the Manour, is to the Lord of the Manour.

Also you shal enquire whether any person eared,Whether anie haue remoued anie markes plow­ed vp, or remoued away any Méere marks, baulks or li­mites betwéen one péece of land and another, & present it.

Also you shall enquire if any haue stalked with a bush or beast to kill Déere which is in the Lords Chase and Parke,Whether anie haue stalked with bush or beast. and present it.

Also you shal enquire if any person hath, or kéepeth a­way any Euidences,Whether anie haue or doe keepe away a­ny euidences Charters, or Court Rolles, Custo­marie terres, or any other euidences which concerne the Lordship, or any parcell therof, yea or no, and present it.

Also you shal enquire if any person haue fished, fouled, hawked,Whether any haue fished fouled, haw­ked. or hunted in this Lordship or Lords warren, and present it.

Also you shall enquire if any person haue taken any Fesant,Whether anie haue taken a­ny Fesants, &c. Partridges, with net, snare, or other engine vpō the Fréehold of the L. of this Manour, and present it.

Also you shall enquire if any haue taken away the egges of the Lords Swannes out of their nests,Swannes or swannes egges. and present it.

Also you shall enquire if any lande of the Lordes bée kept backe,Concealed land. or occupied by any without the licence of the Lord: also what land it is, & how much land hath béene [Page] so occupied, and of what value by the yeare the same is, and present it.

Also you shall enquire whether the Lord haue any villain within this Lordship,Whether the L. haue a vil­lain within the Lordship. & what goods, cattels, and landes he hath, what estate he hath, that the L. may seise thereupon: also what other things he hath: also if any villaine carie his goods out of this Lordshippe without licence of the Lord, or if any fréeman espouse a wife with­out licence of the Lord, you shall present the same. Note if a villaine purchase land, and dooth alyen the same to another before the Lorde enter, then the Lord after shal not enter: otherwise it is if the Lord enter before the a­lienation of ye villain: the same law is of goods, but the L. may not seyse of ye goods that ye villain hath as Executor.

Also you shal enquire if any trespasse be done in any of the Lords liberty,Trespasse in the corne, grasse, &c. viz. in his corne, grasse, Medowes, pasture, woods, hedges, waters or ponds, or if any take honie, swarmes of Bées, or any Hawkes, or eyrie of Hawkes, or such like trespasse, and present them.

Also you shall enquire if any land be enclosed,For inclosing in seueralty grounds with­out licence of of the L. &c. and the same kept in seueraltie which ought to lie open, without licence of the Lord and other fréeholders, you shall pre­sent the same, for that no Tenaunt of the Lordship shall loose the Common in the same.

Also if any Copyholder let his Copyholde land for longer time then a yeare and a day without licence,A Copyholder may not let longer then a yeare & a daie. except it be by custome that he may let for longer time, and if he doe, it is forfeiture, and present the same.

Also you shall enquire whether any Tenant of this Lordship hath béen outlawed in any action of Trespasse,Whether anie be outlawed. or other action and present it: & whether the L. be an­swered of his goods & cattels, yea or no, & present ye same.

Also you shall enquire whether any Tenant for yeres or life,Granting greater estates, &c. haue graunted any greater or larger estate then they had in their landes or Tenements, yea or no, and present it, for that is a forfeyture of their estate.

[Page] Also you shall enquire if the Bayliffe,Whether the Bayliffe & o­ther officers doe execute their office. Hedborough, Constable, and Hay ward, and all other Officers haue well and truelie executed their offices, yea or no, and pre­sent it.

To conclude, you shall enquire whether all the de­faults and plaints that were presented at the last Court be sufficiently amended yea,Whether the defaults and playnts be a­mended. or no, and whether all the orders and lawes heretofore made be obserued and kept, yea or no, and present it. And further, you shall enquire for al things which in your consciences you think ought to be searched and enquired of, and by the othes that you haue taken you shall truely and diligently enquire of all the premises, and plainely without concealing of any fault, bring in a true verdite in writing, subscribed with your owne handes, sealed with your Seales, by such an houre, or as soone as you can.

And finally if you shall know any thing that ought to be presented to the Lords aduantage, you shall do vs to wéete by the Oth that you haue made, and bring vs in a true presentment. And nowe you may depart and en­quire of your charge, hauing a regarde of your Othes.

Finis de le Charge de Court Baron.

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.