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. 1599 Approx. 82 KB of XML-encoded text transcribed from 22 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2006-06 (EEBO-TCP Phase 1). A21401 STC 7721.5 ESTC S108353 99844012 99844012 8792

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Early English books online. (EEBO-TCP ; phase 1, no. A21401) Transcribed from: (Early English Books Online ; image set 8792) Images scanned from microfilm: (Early English books, 1475-1640 ; 163:07) 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. Adames, Jonas. [40] p. ByThomas Orwin & William Kirckham, and are to be sold at the little North doore of Saint Paules Church, at the signe of the Blacke boy, Imprinted at London : 1593. Running title reads: Court leete, and court baron. Signatures: A-E⁴. Formerly STC 100. Identified as STC 100 on UMI microfilm. Reproduction of the original in the Harvard University. Library.

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eng Courts baron and courts leet -- Early works to 1800. Writs -- Great Britain -- Early works to 1800. 2006-02 Assigned for keying and markup 2006-02 Keyed and coded from ProQuest page images 2006-03 Sampled and proofread 2006-03 Text and markup reviewed and edited 2006-04 Batch review (QC) and XML conversion

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.

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.

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.

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 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 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, 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 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: 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, 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 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.

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 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 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.

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. 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, 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.

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, 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 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 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.

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 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.

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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 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 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 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 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 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 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, 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 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 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 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 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.

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.