a paper presented by divers citizens of the city of london, sept. 5. 1682. to the right honourable the lord mayor and court of aldermen 1682 approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a55392 wing p285 estc r213443 99825826 99825826 30217 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online 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. early english books online. (eebo-tcp ; phase 1, no. a55392) transcribed from: (early english books online ; image set 30217) images scanned from microfilm: (early english books, 1641-1700 ; 2175:03) a paper presented by divers citizens of the city of london, sept. 5. 1682. to the right honourable the lord mayor and court of aldermen city of london (england). court of common council, recipient. 1 sheet ([1] p.) printed for e. smith [i.e. francis smith] at the elephant and castle in cornhil, london : 1682. regarding the council's delay in allowing thomas papillon and john dubois to assume the office of sheriff of london and middlesex. a different work from wing t1563a. francis smith was at the elephant and castle from 1659 to 1688, and was commonly known as elephant smith. copy stained. reproduction of the original in the cambridge university library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng papillon, thomas, 1623-1702 -early works to 1800. dubois, john -early works to 1800. sheriffs -england -early works to 1800. london (england) -politics and government -17th century -early works to 1800. 2008-04 tcp assigned for keying and markup 2008-04 spi global keyed and coded from proquest page images 2008-05 emma (leeson) huber sampled and proofread 2008-05 emma (leeson) huber text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion a paper presented by divers citizens of the city of london , sept. 5. 1682. to the right honourable the lord mayor and court of aldermen . the citizens of this city having duly elected thomas papillon and john dubois esquires , two of their fellow citizens sheriffs of this city and the county of middlesex for the year ensuing , and your lord ship and this court having not caused proclamation to be made for the said persons to appear and take the said office upon them according to the laws and customs of this city ; divers applications have thereupon been made by and on the behalf of us and our fellow citizens , that your lordship and this court would forthwith cause the same to be done , as in right and justice you ought : unto which after divers and tedious attendances , your lordship and this court did promise that such persons should take the office of sheriffs upon them as were duly elected , according to law , and the antient customs of this city . and the said thomas papillon and john dubois being so elected , and not yet called forth to take the said office upon them , we do therefore again , in the behalf of our selves and fellow citizens , renew our request , and of right demand that your lordship and this court will forthwith cause proclamation to be made for the said thomas papillon and john dubois to appear and seal their bonds to take upon them the said office , which we humbly conceive our selves bound by our oaths as freemen of this city to demand , and your lordship and this court by the like oaths bound immediately to grant. london , printed for e. smith at the elephant and castle in cornhil . 1682 : advertisement from a noble and potent earle, iohn earle of errol, lord hay and slaines, high constable of scotland, sheriff-principall of the sheriffdom of aberdeen mr. william more of hilton, advocate, sheriff depute of the said shyre, and andrew skene younger, of pitmuckston, heritable mair of fee of the said sheriffdom : to the several mair-deputs within the samen. erroll, john hay, earl of. 1680 approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-10 (eebo-tcp phase 1). a38591 wing e3247 estc r37807 17021635 ocm 17021635 105828 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online 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. early english books online. (eebo-tcp ; phase 1, no. a38591) transcribed from: (early english books online ; image set 105828) images scanned from microfilm: (early english books, 1641-1700 ; 1614:50) advertisement from a noble and potent earle, iohn earle of errol, lord hay and slaines, high constable of scotland, sheriff-principall of the sheriffdom of aberdeen mr. william more of hilton, advocate, sheriff depute of the said shyre, and andrew skene younger, of pitmuckston, heritable mair of fee of the said sheriffdom : to the several mair-deputs within the samen. erroll, john hay, earl of. more, william. skene, andrew. 1 broadside. s.n., [aberdeen : 1680] "given under our hands at aberdeen, the twentysixth day of august 1680. [signed] erroll. mr. william more. andrew skene." reproduction of original in the aberdeen city charter room, aberdeen, scotland. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng sheriffs -scotland -aberdeen. scotland -history -1660-1688. 2006-11 tcp assigned for keying and markup 2006-11 apex covantage keyed and coded from proquest page images 2006-12 pip willcox sampled and proofread 2006-12 pip willcox text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion advertisement from a noble and potent earle , iohn earle of errol , lord hay and slaines ; high constable of scotland , sheriff-principall of the sheriffdom of aberdeen ; mr. william more of hilton , advocat , sheriff-depute of the said shyre ; and andrew skene younger , of pitmuckston , heritable mair of fee of the said sheriffdom : to the several mair-deputs within the samen . whereas the office of mair of fee , of this sheriffdom , hath been of a long time bygone neglected and slighted , and that severall persons have presumed to assume unto themselves the name and office of a mair-deput , who were never lawfullie admitted thereto ; as also , those who have been admitted by the said andrew skene , have maleversed in the exercise of there offices , and altogether deficient in the performance of any duty incumbent upon them ; to the great abuse of the said office , and of his majesties liedges . these are therefore giving advertisement to the whole mair-deputs , and officers within this sheriffdom , that they are not to exerce nor use , and hereby they are discharged to use or exerce the said office after the feast of michelmas next to come , under all highest pain that can be inflicted upon them , requyring and commanding all such persons who presently are , or do intend to be mair-deputs within this sheriffdom , that they present themselves to the said andrew skene , betwixt and the foresaid day , and to receive from him formal admissions , and find sufficient caution to him for their faithfull administration in their offices : and for payment of such aunuities as are due and payable be them : and his maiesties liedges within the said sheriffdom are hereby discharged to imploy any persons who shall not be formally admitted by the said mair of fee. and to the effect none pretend ignorance , thir pesents are appointed to be printed , and published at each parish church door within the said sheriffdom . given under our hands at aberdeen , the twentysixth day of august 1680. erroll . mr. william more . andrew skene . for the parish of _____ to the lord mayor and court of aldermen of the city of london. 1682 approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a94557 wing t1563a estc r213567 43077691 ocm 43077691 151802 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online 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. early english books online. (eebo-tcp ; phase 1, no. a94557) transcribed from: (early english books online ; image set 151802) images scanned from microfilm: (early english books, 1641-1700 ; 2277:14) to the lord mayor and court of aldermen of the city of london. city of london (england). lord mayor. city of london (england). court of aldermen. 1 sheet ([1] p.) printed for e. smith at the elephant and castle in cornhil, london, : 1682. reproduction of original in: henry e. huntington library and art gallery, san marino, california. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng elections -england -london -early works to 1800. sheriffs -england -london -early works to 1800. broadsides -london (england) -17th century. 2007-06 tcp assigned for keying and markup 2007-06 apex covantage keyed and coded from proquest page images 2007-08 mona logarbo sampled and proofread 2007-08 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion to the lord mayor and court of aldermen of the city of london . it having been ever since the reign of king john the undoubted right of the citizens of london to chuse out of themselves two sheriffs for the city of london and county of middlesex , which right hath been confirmed to them by several acts of parliament ; and whereas the citizens of london assembled in a common-hall on the 24 th day of june last past , did according to ancient custom , by majority of votes , then elect thomas papillon and john dubois merchants , to be sheriffs of the said city of london and county of middlesex for the year ensuing ; we inhabitants and freeholders of the county of middlesex , in behalf of our selves and others freeholders and inhabitants of the said county , have thought it our duty to desire your lordship and this court to summon the said thomas papillon and john dubois to appear before you , and then according to ancient usage require them to enter into bonds for holding the office of sheriffs of london and middlesex for the ensuing year ; and in case they shall be contented to give bond for fo doing , that then they the said thomas papillon and john dubois , who have been according to the city charter duely elected sheriffs of london and middlesex , may have the usual oaths administred to them which they ought to take for the due execution of their office ; and that no other persons upon any pretence whatsoever , who have not been duely elected by majority of votes , may be admitted or sworn by your lordship or this court to execute the office of sheriffs of london or middlesex , it being absolutely contrary to your oaths and the charter of the city ; and seeing our lives and fortunes are so highly concerned in the due execution of the laws , of which none but duely elected sheriffs can be legal executors ; we think it necessary to represent to your lordship and this court , that many and great disorders and dangers are like to fall not only upon the city of london and county of middlesex , but likewise on the whole kingdom , if any persons who have not been rightfully chosen by the major part of the citizens of london qualified to elect , should be admitted or sworn sheriffs , because the law accounts such persons capital offenders , who shall under pretence of being sheriffs of london and middlesex , ( but indeed are not legally so ) presume to dispose of our lives and estates . we therefore desire your lordship and this court to take into your serious consideration our just and necessary desires in this particular , which is of so great importance to the whole kingdom ; and make bold to tell your lordship and this court , that all the fatal consequences which shall happen by your not doing what justice in this case requires of you , will be laid at your doors . london , printed for e. smith at the elephant and castle in cornhil . 1682. by the committee of safety of the commonwealth of england, scotland, and ireland, &c. a proclamation declaring the continuance of justices, sheriffs, and other officers. england and wales. committee of safety. this text is an enriched version of the tcp digital transcription a84447 of text r211299 in the english short title catalog (thomason 669.f.21[85]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 5 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a84447 wing e743 thomason 669.f.21[85] estc r211299 99870028 99870028 163579 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online 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. early english books online. (eebo-tcp ; phase 1, no. a84447) transcribed from: (early english books online ; image set 163579) images scanned from microfilm: (thomason tracts ; 247:669f21[85]) by the committee of safety of the commonwealth of england, scotland, and ireland, &c. a proclamation declaring the continuance of justices, sheriffs, and other officers. england and wales. committee of safety. 1 sheet ([1] p.) printed by henry hills and john field, printers to the committee of safety, london : [1659] publication date from wing. dated at end: given at whitehall the 31. day of october, 1659. annotation on thomason copy: "9ber [i.e. november]. 1" reproduction of the original in the british library. eng judicial power -england -early works to 1800. sheriffs -england -early works to 1800. justices of the peace -england -early works to 1800. a84447 r211299 (thomason 669.f.21[85]). civilwar no by the committee of safety of the commonwealth of england, scotland, and ireland, &c. a proclamation declaring the continuance of justices, england and wales. committee of safety. 1659 852 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-12 mona logarbo sampled and proofread 2007-12 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion blazon or coat of arms ❧ by the committee of safety of the commonwealth of england , scotland , and ireland , &c. a proclamation declaring the continuance of justices , sheriffs , and other officers . for the continuance of the administration of iustice , preservation of the publick peace , and the better carrying on the affairs of the commonwealth , we , being intrusted with the care thereof , have thought fit to publish , and declare , and do hereby publish and declare , that all such person and persons , as on the first day of october , one thousand six hundred fifty nine , were iustices of the peace in any counties , cities , precincts , liberties , or places , in england , wales , or the town of berwick upon tweed , by force and vertue of any commission or commissions , under the great seal of england ; and had by such commissions , power and authority to enquire of , hear , and determine felonies , trespasses , and other offences , and to do other things in the same commissions more at large expressed : and all such person and persons , who on the said first day of october , by force of any commissions or letters patents , under the said great seal , were sheriffs of the several counties , precincts , and places in england , wales , and town of berwick upon tweed , be , and are hereby continued iustices of the peace , iustices of oyer and terminer , and sheriffs respectively , of , and in their , and every of their several respective counties , cities , precincts , limits , iurisdictions , and places respectively , from , and after the said first day of october , and shall so continue , and be , until there shall be new commissions and letters patents , or commissions under the great seal of england , for the constituting of iustices of the peace , and oyer and terminer , and of such sheriffs , of , and in the said several counties , places , and precincts respectively made , and duely published . and they , and every of them shall have , and may lawfully vse , exercise , and enjoy all and every the iurisdictions , powers , and authorities whatsoever , which by the laws and statutes , iustices of peace of oyer and terminer , or sheriffs respectively , may , or might lawfully vse , exercise , or enjoy , and they , and every of them respectively , are hereby required and enjoyned to do the same . and all and every the said sheriffs have hereby power and authority , and are enjoyned to execute and make return , according to usual course of all writs issued or to be issued . and all and every act , return of any writs , or other thing whatsoever , had , made , done , vsed , or exercised , or to be had , made , done , or exercised by the said iustices and sheriffs respectively , or by any other officers or ministers , or other person or persons whatsoever , by command or authority , by , or derived from , by , or under them respectively , is hereby declared to be good and effectual . and all commissioners for the monethly assessments , collectors , receivers , and receivers general of the said assessments , auditors , and receivers , and other officers of the publick revenue in the several counties and precincts , commissioners of the customes and their officers in the respective ports , and commissioners of excise , and every of them , and the subordinate officers of them , and every of them , are hereby authorized and required to proceed in the execution of their several and respective duties , and to put in ure all and every the powers and authorities committed unto them , and every of them in their respective places ; and to do all and every act and thing incident thereunto , as fully as they did , or might have done , on , or before the said first day of october . and all and every person and persons whatsoever , are hereby required to conform themselves in payment of their respective duties of custome and excise , and of the said monethly assessments , and all other revenues belonging to this commonwealth accordingly , as they tender the preservation of the publick peace : and to the end that free quarter , and other mischiefs and inconveniences that may happen by their neglect or failer therein , may be avoided . given at whitehall the 31. day of october , 1659. ordered , that this proclamation be forthwith printed and published . william robinson , clerk of the committee of safety . london , printed by henry hills and john field , printers to the committee of safety . to the right honourable sir john moore kt. lord mayor of the city of london, and the right worshipfull the aldermen his brethren the humble petition and address of the citizens of london, whose names are subscribed, for, and on behalf of themselves, and all other loyal citizens of london. 1682 approx. 5 kb of xml-encoded text transcribed from 2 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2005-12 (eebo-tcp phase 1). a62802 wing t1612 estc r22718 12364691 ocm 12364691 60374 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online 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. early english books online. (eebo-tcp ; phase 1, no. a62802) transcribed from: (early english books online ; image set 60374) images scanned from microfilm: (early english books, 1641-1700 ; 900:18) to the right honourable sir john moore kt. lord mayor of the city of london, and the right worshipfull the aldermen his brethren the humble petition and address of the citizens of london, whose names are subscribed, for, and on behalf of themselves, and all other loyal citizens of london. moore, john, sir, 1620-1702. 1 sheet ([2] p.) printed for benj. tooke ..., london : 1682. reproduction of original in huntington library. broadside. "moore mayor ... upon a petition now presented to this court by divers citizens for the calling of a common hall to choose another person to be one of the sheriffs ..." part 2 of broadside. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng sheriffs -england -london -public opinion. broadsides 2005-05 tcp assigned for keying and markup 2005-06 apex covantage keyed and coded from proquest page images 2005-07 jonathan blaney sampled and proofread 2005-07 jonathan blaney text and markup reviewed and edited 2005-10 pfs batch review (qc) and xml conversion to the right honourable sir john moore kt. lord mayor of the city of london , and the right worshipfull the aldermen his brethren , the humble petition and address of the citizens of london , whose names are subscribed , for , and on the behalf of themselves , and all other loyal citizens of london , sheweth , that we having seen a printed paper , being a copy of what was presented to your lordship and this court intituled a fourth paper presented by divers citizens of london the 12th of septemb. 1682. wherein the presenters on the behalf of themselves , and of their fellow-citizens , take upon them to protest against the election and confirmation of mr. north and mr. box , to be sheriffs of london and middlesex ; declaring that if your lordship and this court refuse to call forth mr. papillon and mr. dubois to seal their bonds , and shall impose mr. north upon them as sheriff , or cause a common hall to be called under pretence of electing any other person to join with the said mr. north. that the same would be a breach of your trust , and violation of their priviledges , which ( as they say ) they are resolved to maintain : and therefore demanded , that this court should immediately send for mr. papillon and mr. dubois to seal their bonds , and take upon them the office of sheriffs of london and middlesex . we do esteem the matter contained in the said paper to be a presumptuous and false censure of your lordships just government of this city , which in this , as in all other matters , your lordship hath managed by advice of this court. and we hold it our duty to declare to your lordship and this court , that we utterly disown any concurrence with , or allowance of the matters contain'd therein . and we do assert and insist upon it , that the confirmation of mr. north , and the election of mr. box for sheriffs of london and middlesex for the ensuing year were lawful , and according to the rights and customs of this city . and since your lordship and this court have permitted mr. box to fine , and thereupon discharged him ; and that mr. north hath sealed a bond to hold sheriff . there is now but one sheriff to be chosen for the next year . therefore , we humbly pray your lordship to issue out a precept , to summon a common hall , for electing one other person to be sheriff for the ensuing year , in the room of the said mr. box ; and your petitioners , &c. moore mayor . jovis 14. die septemb. 1682. annoque regni regis caroli secund. ang. &c. 34. upon a petition now presented to this court by divers citizens for the calling of a common hall to choose another person to be one of the sheriffs for the next year and to join with mr. north , in the stead of mr. box lately discharged . and upon two other petitions now likewise presented , one from divers other citizens , and the other from divers gentlemen of the county of middlesex , for the calling out of mr. papillon and mr. dubois as sheriffs elect for the year insuing . this court upon the question put , did agree that the same answer should be given to the said petitioners , as was given by this court to the petition presented on the 27th of july last : and the same was thereupon read to them in the words sollowing , viz. gentlemen , this court hath considered of your petitions , and will take care that such persons shall take the office of sheriffs upon them as are duly elected according to law , and the ancient customs of this city : and in this and all other things , this court will endeavour to maintain the rights and priviledges of the chair , and of the whole city : and wherein you think that we do otherwise , the law must judge between us . and the right honourable the lord mayor did also acquaint them that his lordship intended to call a common hall on tuesday next , for the choice of a person to be one of the sheriffs for the year insuing , instead of mr. box. london , printed for benj. tooke at the ship in st. pauls church-yard . 1682. to the right honourable sir patience ward knight, lord mayor of the city of london. the humble petition of the commons of the city of london, in common-hall assembled, june 27. 1681 1681 approx. 6 kb of xml-encoded text transcribed from 2 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-10 (eebo-tcp phase 1). a62803 wing t1613 estc r213533 99825893 99825893 30284 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online 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. early english books online. (eebo-tcp ; phase 1, no. a62803) transcribed from: (early english books online ; image set 30284) images scanned from microfilm: (early english books, 1641-1700 ; 2219:10) to the right honourable sir patience ward knight, lord mayor of the city of london. the humble petition of the commons of the city of london, in common-hall assembled, june 27. 1681 ward, patience, sir, 1629-1696. bethel, slingsby, 1617-1697. cornish, henry, d. 1685. 1 sheet (2 p.) printed for r. baldwyn, in the old-baily, london : 1681. the verso contains a petition from the citizens to the sheriffs of the city of london and middlesex, slingsby bethel and henry cornish. reproduction of the original in the guildhall library, london. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng sheriffs -england -london -early works to 1800. popish plot, 1678 -early works to 1800. london (england) -history -17th century -early works to 1800. 2006-04 tcp assigned for keying and markup 2006-07 spi global keyed and coded from proquest page images 2006-09 celeste ng sampled and proofread 2006-09 celeste ng text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion to the right honourable sir patience ward knight , lord mayor of the city of london . the humble petition of the commons of the city of london , in common-hall assembled , june 27. 1681. sheweth , that we do with all thankfulness acknowledg the great and wonderful mercy of almighty god , in that notwithstanding the daily plots and wicked contrivances of the papists and their accomplices , we do still enjoy our ancient and undoubted right and freedom of assembling our selves together for the choice of some principal officers of this city for the year ensuing . and whilst we attend upon this duty , we cannot but with all gratitude remember the great care , and faithful endeavours of your lordship , the aldermen , and commons in common-council lately assembled in ordering an humble address to be presented to his majesty ; wherein was expressed your lordships and their due sense of the continued danger of his majesty's life , ( which god long preserve ) and of the protestant religion , and of all our lives , liberties , and estates , by the designs and conspiracies , so long projected and prosecuted by the councils of rome and its adherents ; in the pursuit whereof , they are chiefly animated by the continuing hopes of a popish successour . and also your and their just apprehensions that no effectual means can be provided against the impending evils therein mentioned , but by the wisdom and advice of his majesty's great council the parliament . and whereas it hath come to our knowledge , that reports , by mistake or prejudice , have been raised , that the said address did contein onely the sense and desires of a few persons , and not of the generality of this great city . we do therefore most humbly pray your lordship , that you will in such manner ( as shall seem best to your lordships discretion ) humbly represent to his majesty , that the subject-matter of the said address is also the true sense , and doth contain the humble desires and resolutions of his true and loyal subjects the citizens of his city of london , in this their common-hall now assembled . and that his majesty would be graciously pleased to esteem it as such . and we having likewise taken notice that the same common council did at the time of their voting the said address , render their thanks to our late worthy members of the last parliament , for their faithful endeavours to serve this city , according to the desires and instructions to them given and made by us at the time of their election . we do think it our duty at this time to testifie our full concurrence therein , and do return unto them our hearty thanks for the same . and your petitioners shall ever pray , &c. this petition was delivered to the right honourable the lord mayor immediately after the declaring thomas pilkington esq alderman , and samuel shute esq to be sheriffs of london for the year ensuing ; and being read by the command of the lord mayor to the common-hall , had their general consent and approbation of the same , which consisted of some thousands of citizens . to the honoured slingsby bethel and henry cornish esquires , sheriffs of this city of london and middlesex . we the citizens of the said city in common-hall assembled , being sensible of , and greatly satisfied with your faithful endeavours to discharge those offices of trust which we ( not long since ) called you to ; and considering your wise and prudent conduct and management of our affairs within this city , especially in maintaining and asserting of our undoubted rights and priviledges as citizens , and continual provision of faithful and able juries ; especially in such a time as this , when innocency it self is not inrouded from the imputation of the blackest crimes ; and the best and most loyal protestants are exposed to the utmost hazards by the perjuries , subornations , and villanies of the popish party and their adherents . and we cannot at this time omit the mentioning your fair proceedings in our present election of sheriffs for the year ensuing , and dispatch of an unnecessary poll , without putting us off by adjournments to a troublesome and weary attendance . do offer and return to you our most hearty thanks , as the onely compensation we can at present make you ; being confidently assured that you will stedfastly persist in those your most faithful endeavours , as long as you shall continue officers in this honourable city . this address was presented to the sheriffs at the same time ; and being read to the common-hall , had the like approbation . london : printed for r. baldwyn , in the old-baily . 1681. a short treatise touching sheriffs accompts written by the honourable sir matthew hale ... ; to which is added, a tryal of witches, at the assizes held at bury st. edmonds, for the county of suffolk, on the 10th of march 1664, before the said sir matthew hale, kt. hale, matthew, sir, 1609-1676. 1683 approx. 113 kb of xml-encoded text transcribed from 60 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2006-06 (eebo-tcp phase 1). a44301 wing h260 estc r14358 12157764 ocm 12157764 55185 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online 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. early english books online. (eebo-tcp ; phase 1, no. a44301) transcribed from: (early english books online ; image set 55185) images scanned from microfilm: (early english books, 1641-1700 ; 599:11) a short treatise touching sheriffs accompts written by the honourable sir matthew hale ... ; to which is added, a tryal of witches, at the assizes held at bury st. edmonds, for the county of suffolk, on the 10th of march 1664, before the said sir matthew hale, kt. hale, matthew, sir, 1609-1676. 2 pts. ( [8], 110; [4], 59 p.) printed, and are to be sold by will. shrowsbery ..., london : 1683. imperfect: a tryal of witches, at the assizes held at bury st. edmonds ... london : printed for william shrewsbery, 1682 (with special t.p.): [4], 59 p. at end is lacking in filmed copy. reproduction of original in bodleian library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng sheriffs -england. finance, public -england -accounting. money -england. 2006-01 tcp assigned for keying and markup 2006-01 apex covantage keyed and coded from proquest page images 2006-03 judith siefring sampled and proofread 2006-03 judith siefring text and markup reviewed and edited 2006-04 pfs batch review (qc) and xml conversion a short treatise touching sheriffs accompts . written by the honourable sir matthem hale , kt. sometime lord chief justice of his majesty's court of king's-bench . to which is added , a tryal of witches , at the assizes held at bury st. edmonds , for the county of suffolk , on the 10th of march 1664 , before the said sir matthew hale , kt. london , printed , and are to be sold by will. shrowsbery , at the bible in duck-lane . 1683. for the right honourable the lord high treasurer of england , and the chancellor of the exchequer . according to my promise to your lordships , i have given a large historical narrative of the sheriffs accompts for the annual revenue of their countries : wherein some things may occurr that may be usefull to the understanding of the sheriffs accompts , and many other old obscure records , and some things incidently opened that have been formerly obscure and scarce intelligible , yet fit to be known . some things also relating to the diff●rence between the auditors of the revenue , and the officers of the pipe. there may be some mistakes of my own , i confess , in a matter of so great intricacy , perplexity and obsoleteness , which i could not easily correct , in the country , because many of my papers are at london that concern this business , and , i fear , hardly to be retrieved into a due order , in regard of the late distraction . and here may be some mistakes in the transcriber , which at this distance i could not examine . but , possibly , notwithstanding these mistakes , your lordships may find something that may be usefull , and when i wait upon you i shall review and correct . your lordships humble servant . the contents . chap. i. touching the ancient and modern weight and allay of sterling silver . page 1. chap. ii. concerning the weight of coin , and the difference therein , with regard to the denomination of coin. p. 14. chap. iii. touching the corruptions of money and the remedies anciently used in relation thereunto . p. 19. chap. iv. concerning the manner of answering the king's firmes anciently . p. 30. chap. v. concerning the manner of collecting the king's revenues of the county , and the several kinds of them , with their several titles . p. 33. chap. vi. concerning the manner how the annual revenue of the co●nty was usually answered in the ancient times until 10 e. 1. p. 48. chap. vii . the second period of the sheriffs accompts , viz. how they stood from 10 e. 1. until 34 h. 8. p. 63. chap. viii . touching the state of the sheriffs firmes from the statute of 34 h. 8. till the 14th year of the reign of king charles 1. which is the second period . p. 77. chap. ix . the third period from the 15th year of king charles 1. untill the year of our lord 1650 , and how the sheriffs firmes and accompts stood in that intervall . p. 87. chap. x. the fourth period of the sheriffs firmes from the year 1650 unto this day and how they were answered in that intervall . p. 89. a short treatise touching sheriffs accompts . chap. i. touching the ancient and modern weight and allay of sterling silver . it will be necessary for the better understanding of sheriffs accompts , especially in the elder times , to examine these matters , viz. i. touching the denomination ▪ weight and allay of sterling money , the corruptions thereof in both , and the remedies that have been formerly applied for the reformation of these corruptions . ii. concerning firmes ▪ their nature , and how they were answered in former times . the first shall be the subject of this chapter , the second the subject of the next . concerning the former of 〈◊〉 i shall apply my self singly to the business of silver coin , because that was the usual species wherein the king 's firmes were commonly answered . and first , concerning the coin of silver , there are these things considerable therein . 1. the authority or power that gives it its stamp , weight , denomination and value . 2. the matter of it . 3. the weight and denomination . as concerning the first of these , it is , without all question , the inherent regality and prerogative of the crown , to give the currantness , allay , weight , denomination and extrinsique value to the coin of this kingdom : and as it is a part of his regality and prerogative , so it is a part of his regal revenue , which is called the king's seigniorage , or royalty , or coinage , viz. ordinarily , on every pound weight of gold , the king had for his coin 5 s. out of which he paid to the master of the mint , for his work , sometimes 1● . sometimes 1 s. 6 d. upon every pound weight of silver , the seigniorage , or coinage , answered to the king , in the time of king edw. 3. was 8 peny weight , pondere , which about that time amounted to 1 s. out of which he paid sometimes 8 d. sometimes 9 d. to the master . in the time of h. 5. the king's seigniorage of every pound weight of silver was 15 d. see rot. parl. 9 h. 5. pars 2. n. 15. although the authorization , denomination and stamp of coin was undoubtedly the king 's right , yet it appears by roger hawood , that in the troublesome times of king stephen , viz. an. dom. 1149. omnes potentes , tam episcopi quam comites & barones , suam faciebant monetam . but henry the second coming to the crown , remedied this usurpation of the baronage : novam fecit monetam qu●e sola recepta erat & accepta in regno . and since that time , the exercise as well as the right of coining of money in the kingdom hath remained uninterruptedly in the crown . it is true , that by certain ancient privileges , derived by charter and usage from the crown , divers , especially of the eminent clergy , had their mints or coinages of money . as the abbot of st. edmunds ▪ bury , claus . 32 h. 8. m. 15. dorso : and the archbishop of york claus . 5 e. 3. pars 1. m. 10. 19. dorso , and some others . but although they had the profit of the coin , yet they had neither the denomination , stamp , nor allay : for upon every change of the coin by the king's proclamation , there issued over a mandate to the treasurer and barons to deliver a stamp over to those private mints to be used . but this liberty of coinage in private lords hath been long since disused , and in a great measure , if not altogether , reassumed by the statute of 3 h. 7. cap. 6. 2. concerning the second , viz. the matter or species ▪ whereof the currant coin of this kingdom hath been made , it is gold or silver , but not altogether pure , but with an allay of copper , at least from the time of king h ▪ 1. and h. 2. though possibly in ancienter times the species whereof the coin was made might be pure gold or silver ; and this allay was that which gave the denomination of sterling to that coin , viz. sterling gold , or sterling silver : wherein there will be inquirable , 1. whence that denomination came . 2. how ancient that denomination was . 3. what was the allay that gave silver that denomination . for the former of these there are various conjectures , and nothing of certainty . spelman supposeth it to take that denomination from the esterlings , who , as he supposeth , came over and reformed our coin to that allay . of this opinion was cambden , a germanis , quos angli esterlings , ab orientali situ , vocarunt , facta est appellatio ; quos johannes rex , ad argentum in suam puritatem redigendam , primus evocavit : & ejusmodi ●●mmi esterlingi , in antiquis scripturis semper reperiuntur . some suppose that it might be taken up from the starre jud●eorum , who being the great brokers for money , accepted and allowed money of that allay , for currant payment of their stars or obligations . others from the impression of a sterling , or of an asterisck upon the coin. ▪ pur ceo que le form d'un stare , dont le diminutive est sterling , fuit impresst o● stamp sur ceo . auters pur ceo que le ▪ primer de cest standard ●uit coyn en le castle de sterlin in scotland pur le roy edw. 1. and possibly as the proper name of the fourth part of a peny was called a farthing , and ordinarily a ferling ; so in truth the proper name of a peny in th●se times was called a sterling , without any other reason of it than the use of the times and arbitrary imposition , as other names usually grow . for the old act of 51 h : 3. called compositio mensurarum , tells us that denarius a●gliae sterlingus dicitur . and because this was the root of the measure , especially of silver coin , as will be shewed , therefore all our coin of the same allay was also called sterling , as five shillings sterling , five pounds sterling . 2. when this name of sterling came first in is uncertain , onely we are certain it was a denomination in use in the time of h. 3. or ed. 1. and after-ages . but it was not in use at the time of the compiling of doomsday , for if it were we should have found it there ▪ where there is so great occasion of mention of firmes , rents and payments . standard del mony en french est appel pied de mony per bodin , pes monetarum , qua●i princeps ibi pedem figit . matth. paris mag . hist . 220. b. in le 12 an . de roy john le primier standard del english ▪ mony fuit establish en realm d' ireland , et fuit equal al primes , & que l'english mony ne fuit au quart part melior in value que l'irish , come ceo ad estre depuis le temps del edw. 4. et fuit change in ireland come ceo fuit change in engleterre . le primer difference & inequality inter les standards del english monies , & irish monies est troue in 5 ed. 4. car donque fuit declare in parliament icy que le noble serra currant en cest realm pur 10s . & issint fuit que l'irish shilling forsque 9d . dengletre . hovenden in rich 1. fol. 377. b. videns igitur galfridus eboracensis electus , quod nisi mediante pecunia amorem regis ●ui nullatenus habere possit , promifit ei tria millia librarum sterlingorum pro amore ejus habendo . que fuit devant le temps del roy john ; pur que semble que le temps quant cest money fuit primerment coin est uncertain . car ascuns diont que fuit fait per osbright un roy de saxon race 160 ans de●ant le norman conquest . nummus a numa que fuit le primer roy ▪ que fesoit moneies en rome . issint sterlings , alias esterlings , queux primes fesoient le money de cest standard en engleterre . 3. as touching the allay that is by use and custom fitted to that money which we call the sterling , or sterling allay ; perchance we shall not find that constancy in the allay as is generally thought . the sterling allay of gold , according to the red book of the exchequer is this . the pound weight of gold consists of twenty four charats , every charat weighing half an ounce of silver ; and every charat of gold consists of four grains , and consequently every grain of gold weighing thirty of these grains which we call silver grains , whereof hereafter . in the time of edw. 3. the pound of sterling gold consisted of twenty three charats , three grains and a half of pure gold , and half a grain of allay of copper . the sterling silver , as it seems to me , in former times had an allay differing from what it is at this day . at this day a pound weight of silver ( viz. 12 ounces to the pound , or troy weight ) consists of eleven ounces two peny-weight of fine . silver , and eighteen peny-weight of allay or copper : every pound containing twelve ounces , and every ounce divided into 20 parts called twenty peny-weight : for at that time 20 peny-weight weighed one ounce , which though the peny-weight be altered , yet the denomination continues . and this allay was in use in the forty sixth year of king edw. 3. and for some time before , and hath continued ever since . in the treatise of money in the red book of the exchequer which seems to be written in the time of edw. 3. for it mentions the indentures of the mint in 23 ed. 3. it is said the use was then that in every pound weight of sterling silver there was sixteen peny-weight of allay : the consequence whereof is that the pound of sterling silver then contained eleven ounces four peny-weight of fine silver , and sixteen peny-weight of copper . and it should seem by what follows in the chapter , that in the time of h. 2. the allay of copper in sterling silver was less than that : for upon every pound weight of silver money they used to allow 12 peny-weight ad dealbandam firmam ; which seems to be the remedy for the reduction of the money then currant into fine silver , sed de hoc postea . but at this day , and for very many reasons , the allay of sterling silver hath been 18 peny-weight of copper allowed to 11 ounces 2 peny-weight of fine silver ; thereby making up the pound weight troy of sterling . vid. indentures of the mint , claus . 46 ed. 3. m. 18. dors . claus . 1. h. 5. m. 35. dors . claus . 4. ed. 4 ▪ m. 20. and this i take at this day to continue the standard of sterling silver . 29 e. 1. per special ordinance del roy les pollards & crockards fueront decrie & adnul , quel ordinance fuit transmit in realm d' ireland & enrol en exchequer icy , come est troue in libro rubra scaccarii , ibid. pars 2. fol. 2. b. en temps e. 1. denarius a●gli●e , qui nominatur sterlingus , rotundus fine tonsura , ponderabit triginta & duo grana in medio spic●e . sterlingus & de●arius sont tout un . le shilling con●istoit de 12 sterlings . 25 e. 3. cap. 6. le substance de cest denier ou sterling peny al primes fuit vicefima pars un●i●e . et issint continue tanq . 9 e. 3. quant l'ounce del silver fuit tallie in 26 pence que proportion fuit continue tanq . 2 h. 6. quant l'ounce del silver fesoit 32 pence ▪ et cest iusque al 5 e. 4. quant fesoit 40 pence . et cest iusques 36 h. 8. quant il prepare son journy al bulloigne & donque fuit divide en 45 pence . que continue iusques al 2 el. quant l'ounce de pure silver fuit tallie en 60 pence , & cest standard remain a cest jour . et qu●elibet libra de sterling avoit 18d . ob . d'allay de copper , & nient plus . et cest allay de sterling mony les ordinances ou statutes de 25 e. 3. cap. 13. & 2 h. 6. cap. 13. font mention , & est contein en touts indentures fait enter le roy & les maisters del mint . chap. ii. concerning the weight of coin , and the difference therein , with regard to the denomination of coin. the pound weight of gold though it were the same with that of silver , yet is made up of smaller parts of a different denomination , every pound weight consisting of 24 charats , and every charat consisting of 4 grains . the pound weight of silver is subdivided into parts of another denomination ; for every pound consists of 20 peny-weights , and every peny-weight of 24 grains . this appears by the books and records above mentioned . et touts susdits moneys dargent issint faites serront dallay de standard de veil esterling : cost ascavoir que chescun leivre dargent de cestes moneys de poize tiendra vnze ounces & 2d . de poize dargent fine , & 18d . de poys dallay , chescun peny weight containant 24 grains . so that every charat in the pound weight of gold equals half an ounce of silver ; and every grain of gold , the fourth part of a charat , equals 60 grains of silver weight . in that old ordinance , before mentioned called compositio mensurarum 51 h. 3. it is said , per ordinationes totius regni angliae ●it una mensura domini regis composita , viz. quod denarius angliae , qui nominatur sterlingus , rotundus fine tonsura ponderabit triginta & duo grana frumenti in medio spic●e ; & viginti denarii faciunt vnciam ; & duodecim vnci●e faciunt libram , &c. but these thirty two grains in the middle of the ear of corn , are the natural grains , which were the weight of the then english sterling peny . but for the better accommodation of accompts , these 32 natural grains are reduced to 24 artificial grains , which , from very ancient time unt● this day are the common measure of the peny-weight , as the 20 peny-weight is the measure of an ounce . having thus stated the artificial weights of gold , and silver , especially the latter , i shall proceed to the comparison that now and anciciently stands between these artificial weights and the coin of silver . it is very plain that in the latter end of h. 3. and the beginning of king ed. 1. and for a long time before , twenty pence of sterling money did weigh an ounce , and twelve times twenty pence or twenty shillings did then weigh a pound troy weight : and accordingly as twenty peny-weight was then an ounce , and so called , so two hundred forty pence , or twenty shillings was a pound weight , and so called , viz. libra argenti . and although at this day the peny and the 20 shillings of silver is much altered in their true weight , yet the denomination is still retained . the ounce is commonly divided and estimated by 20 peny-weight , and 20 shillings is called libra argenti . in the time of king edw. 1. ( as appears ) an ounce of sterling silver made 20 sterling pence , and consequently a pound of sterling silver made 240 pence sterling . but process of time hath made a great alteration between the weight and extrinsique denomination or value of money . in 46 e. 3. it appears by the indenture of the mint that a pound of sterling silver made then 300 sterling pence . claus . 46. e. 3. m. 18. and afterwards in 1 h. 5. the reduction of coin was such that a pound weight of sterling silver made 360 pence sterling . claus . 1. h. 5. m. 35. dorso . which made the pound weight of silver to contain 30 shillings , and deducting 1 shilling for coinage , the merchant had 29 shillings for his pound of silver brought into the mint . in the 4th year of ed. 4. the pound of sterling silver yielded 33 shillings viz. about 396 pence in the pound : and consequently 33 sterling pence then made the ounce of silver . claus . 4. e. 4. m. 20. at this day the ounce of silver coined contains 5 shillings , or 60 pence : and consequently the pound weight of coined silver yields 60 sterlings or 720 pence . so that at this day the extrinsecal denomination or value of money in proportion to its weight , is three times higher than it was in the time of e. 1. and thus much shall suffice touching the second enquiry . chap. iii. touching the corruptions of money , and the remedies anciently used in relation thereunto . by what hath been before said it appeareth , the two special requisites of the currant coin of this kingdom are , i. that it be of the true standard in relation to its weight . ii. of the true standard with relation to its allay : and proportionably to these two requisites are these defects , which have hapned in moneys in modern and ancient times , viz. i. the defect in the due weight of money which hapned sometimes by counterfeiting the sterling money , though with a weight below the standard . sometimes by clipping , or otherwise impairing the weight of true money . 2. the defect in the due allay : viz. overcharging the fine silver or gold with an allay of copper more than the standard , which hapned sometimes by the deceit or ignorance of the officers of the mint , and sometimes by the counterfeiture of the coin of england . and by these practices the king's exchequer ( into or through which the most of the money of the kingdom successively came ) was many times surcharged with such defective money , and the king thereby deceived in his firmes . and therefore in ancient times there were successive experiments made by the officers of the king's revenue for the discovery and avoiding of these defective monies and that his rents might be answered in money of a just weight and allay ; which , for the better understanding of ancient records , remain here to be explicated , viz. solutio ad scalam , solutio ad pensum , and combustion , or tryal by fire . the two former being such remedies as related to defective weight , and the latter being the remedy that relates to defect in the standard of allay . and , touching this business , although we have very frequent mention of them , in the pipe-rolls especially , yet the best , and contemporary exposition of them is gervasius tilburiensis , or the black book of the exchequer , written in the time of h ▪ 2. who gives us the accompt thereof in his first book , cap. a quibus , & ad quid inventa fuit argenti examinatio , who thus expounds it . 1. solutio ad scalam , viz. proeter quamlibet libram numeratam sex denarios , which it seems was agreed upon a medium to be the common estimate or remedy for the defective weight of money , thereby to avoid the trouble of weighing the money which was brought into the exchequer . and this is the meaning of that frequent expression in the ancient pipe-rolls in thesauro 100 l. ad scalam , which seems to be one hundred pounds , and one hundred sixpences , or fifty shillings . 2. solutio ad pensum : which was the payment of money into the exchequer by full weight , viz. that a pound , or 20 s. in silver , numero , or by tale , should not be received for a pound unless it did exactly weigh a pound weight troy , or twelve ounces , and if it wanted any , that then the payer should make good the weight by adding other money although it amounted to more or less than 6 d. in the pound ( which was the solutio ad scalam , as before is mentioned . ) and thus frequently occurs in the pipe-rolls , in thesauro 100 l. and pensum , or full weight . 3. combustion or tryal by fire : which is by gervase supposed to be set on foot by the bishop of salisbury , then treasurer , ( though in truth it were much more ancient , as appears by frequent passages in the book of doomsday : ) and the author gives the reason : licet enim numero & pondere videretur esse satisfactum , non tamen materia . consequens enim non erat ut si pro libra una numerata 20 solidos , etiam libra ponderis respondentis consequenter libram solvisset : argentum enim cupro vel quovis aere solvisset . and thereupon ensued the constitution of examination of money at the exchequer by combustion . whether this examination was to reduce an equation of money onely to sterling , viz. a due proportion of allay with copper ; or to reduce it to fine and pure silver , and to make the estimate of the pound or libra argenti , reserved of their firmes to be in pure silver , and without allay , doth not so clearly appear . some think the former ; and therefore that the old expression of firma alba , blank firm , and dealbare firmam , was nothing else but coin melted down and reduced to the allay of sterling , and after blanched , or whited , as is done by the moneyers with their sterling coin of silver , which is to this day called blanching . vid. spelman i● tit . firmam dealbare . but yet it may seem , by what ensues , that it was to reduce it to fine silver , and to the estimate of the pound , or libra argenti accordingly ; for it is evident by what follows , that the difference between a pound , or libra argenti numero , and libra argenti blanch , was 12 pence in every pound : which possibly might be that the allowed allay of copper in the sterling silver was then twelve pence weight of copper in the pound of fine silver , whereas it is now 18 peny-weight in the pound . this tryal of silver by combustion , in those elder ages soon prevailed and obtained against the former reductions ad scalam , & ad pensum , as being the onely infallible tryal of the truth of the metal , whereby the former reductions of pensum and scalam became in time antiquated . and this begat the distinction in the old rolls of the estimate of money numero , and the estimate blanc : and in pursuance thereto the reservations of rents and firmes by the king were sometimes numero , and sometimes blanc . the reservations of rents numero were no other but so much money reserved in pecuniis numeratis : as reddendo quinque libras numero was fivescore shillings , which amounted in common estimation to five pounds troy weight : and this was the ancient and usual reservation , and , prima facie , unless the contrary were expressed , upon all grants of lands ( reserving so much rent ) it was intended numero ; that is , so much in money numbred , and the firmor was not bound dealbare firmam , or to make good so much in fine silver , or , if you will , in such silver as was of the first allay . the reservation of so much money , or so many pounds blanc did enforce the firmor to make good to the king so much in fine silver , ( or at least in the purest sterling ) and therefore such firmor , when he paid in his firme upon such a reservation blanc , was bound dealbare firmam , which was to submit his money to the test of the fire ; and to answer his money , and make it good in fine silver according to the reservation , or to pay in allowance thereof that rate which was the ordinary measure of reduction of it to fine silver , which was 12 d. for every pound as shall be shewed . and hereupon grew the common difference which is every-where mentioned in the pipe-rolls of firmes numero , and firmes blanc or alb . firme . this difference of these firmes is expounded by the black book of the exchequer , lib. 2. cap. quid sit quosdam fundos dari blanc , quosdam numero , viz. that if a firme or tenement were let by the king generally , without expressing blanc or numero , it was to be answered onely numero , unless specially reserved blanc , ( viz. 5 s. blanc . ) but if a royalty or franchise were onely granted , then the general reservation of so much rent , was to be blanc rent . porro , firmam numero dari diximus cum tantum numerando , non examinando ipso satisfit . cum ergo rex firmam alicui contulerit , simul cum hundredo vel placito quoe ex hoc proveniunt , firma dealbari dicitur : sin simpliciter fundum dederit ( non determinans cum hundredo vel blanc . ) numero datus dicitur . and from this diversity of the rents arising in any county ( some blanc onely , some numero onely , some in both ) arose the diversity in the titling of the sheriffs accompts , viz. firma de remanente comitatus post terras datas blanc : which was applicable to those rents of his county , which were answered in fine silver reduced to the test by combustion , or with an allowance of 12 d. in the pound in compensation of it . firma comitatus numero , was his firme for those rents of his county which were onely answered in money numbred , without reducing them to their fineness by combustion , or any satisfaction for it : but of this more fully in the ensuing chapter . i have before mentioned that when any firme was reserved or answered blanc , the money was to be melted and answered in fine silver , or at least to silver allayed to right and finest sterling ; or else he was to redeem himself from that trouble by payment of 12 d. in the pound : so that that person upon whom there was reserved 5 l. blanc was to pay 5 l. 5 s. if he would not have his money melted down and made good in fine silver ( or at least in true sterling . ) and this appears to be true by infinite records : take two or three for instance . in compoto cum northampton , 21 h. 3. summa totalis 102l . 3s . 7d . de qua 4l . 9s . 4d . blanc , quoe sunt extensoe ad 4l . 13s . 9d . subtrahuntur ad perficiendum corpus comitatus & remanet 97l . 13s . 10d . de quibus respondet de proficuo in magno rotulo . claus . 13. h. 3. m. 2. sciatis quod perdonavimus dilectoe sorori nostroe a. comitissoe pembroc centum triginta & quinque libras blanc , quoe extensoe sunt ad ▪ centum quadraginta & unum libras , & quindecim solidos . in compoto bedf. & bucks , 13 e. 3 nic. passelew de 18 l. 4 s. 4 d. numero pro 17 l. 7 s. blanc . in all these the proportion riseth very near , bating the small fragments in pence , that every pound blanc answered one shilling over , to reduce it to its value . and hence it is that at this day the ancient firmors of cities , as london , &c. which were commonly reserved blanc , do pay the same in sterling money , and one shilling for every pound over : as if 100 l. blanc be reserved , there is answered at this day in the receipt 105 l. which , as before , makes me suppose that blanc firme , or dealbata firma , was in truth when it was reduced to fine silver , and not barely sterling : for this advance of 12 d. in the pound upon such blanc firmes is still answered though paid in sterling . chap. iv. concerning the manner of answering the king's firmes anciently . in ancient times , viz. about the time of william the first and henry the second , the reservation of the king 's firmes and rents were so many pounds or shillings , &c. in money , and they were answered numero , or in pecuniis numeratis , untill afterward for the avoiding of corrupt money , they were reserved in blanc or white money , which , as before is observed , was intended either of pure silver , ( or at least silver reduced to the allay of sterling ) and then whitened or blanched , as is used in the mint to this day , for all sterling money : i shall not much contend whether it were the one or the other , but for the most part in this discourse i shall suppose it fine silver . but although firmes were reserved in money , as the best and commonest measures of values , yet it appears by tilburiensis , lib. 1. cap. a quibus & ad quid instituta fuit argenti examinatio ; that it was in those ancient times of king w. 2. and h. 1 . usually practised that those firmes should , according to their values be answered in cattle , corn and other provisions ; which perchance in its first institution might be a convenience to the king , to have his family furnished with provisions in specie , and to the country , among whom money was not then very plentifull , and they could better answer their rents in provisions . and to the end that an equation might be made between the rents reserved in money and the provision delivered by the tenants in lieu thereof , the same tilburiensis tells us , there were certain prices and rates set upon provisions , that the tenant might know what to pay , and the king's officers might know what to receive . as for wheat for 100 men 12 d. for a fat ox 12 d. &c. which it seems were dilivered to the hands of the sheriff who , if he firmed the county , might retain it to his own use ; but if he firmed it not he accompted to the king , for these provisions or their values , as he did for other rates of the county collected by him . but as for cities and franchises that were granted out to firme , because they had not provisions of this nature to answer , they paid their rents in money . thus , it seems , the king 's firmes of rents of his firmors and tenants in the country were answered in the time of king william the first and william his son . but in the time of h. 1. the tenants were weary of answering their rents in provisions , and the king 's foreign occasions called rather for a supply of money , and so the rents were answered by the tenants as formerly in money according to the tenour of their reservations , and the delivery of victual and other provisions in lieu thereof ceased . chap. v. concerning the manner of collecting the king's revenues of the county , and the several kinds of them with their several titles . the sheriff of the county had a double office : 1. as a minister of justice under the king for the preservation of peace , and writs issuing from the king's courts ▪ 2. as the king's bayliff of his revenues arising in the county , which was of two kinds . 1. the improving and letting , and sometimes stocking of the king's demesnes , and such lands as were seized into the king's hands ( other than such as belonged to the escheator , as wardships and escheats . ) and hence it is that there are upon the accompts , especially of buckingham and bedford , allowances made to the sheriff of that county ut ..... comitatus . 2. the second part of his office was in collecting of the king's rents of his county , which sometimes he did as custos or bayly ; sometimes ut firmarius , viz. he took the rents to his own use , and answered the king a certain firme or rent at his own peril , whereof more in the ensuing discourse . now concerning the kinds of the king's revenues arising in the several counties , we are to take notice that they were of two kinds , viz. annual or casual . the annual revenue was again of two kinds , viz. fixed and certain , or casual and uncertain . the annual , fixed and certain revenue of the counties were of these kinds . 1. the king's demesnes that were in his own hands , or let at rack rents to tenants , whereof i have before spoken , and they make not much for that purpose i aim at . 2. firmes , which were of two kinds , viz. gross firmes which were charged upon particular persons , or cities , or towns , and so charged in the great roll ; as thus , philippus d'aura debet 2 marc. de reditu unius virgate terre . and these were thus charged upon these two reasons : 1. either because they were never parcel of the sheriffs firme of this county , ( de quo infra , ) but great firmes written out to the sheriff to be answered by the persons upon whom they were charged . 2. or else they were such as happened to be reserved after the firme of the county was reduced to certainty and answered by the sheriffs . or else , secondly , they were small rents commonly called vicontiel rents ; the particulars whereof we shall enumerate under their several heads in due time . 3. common fines , at first imposed upon townships , upon several occasions , as for bon pleder , for suit and ward , for excuse of attending the sheriffs turn : and these grew in process of time to be fixed and setled revenues . and these again were of two sorts ; such as came within the title of firma comitatus , and were written out under that general head , viz. sub nomine vicecomitis : and some again were written to the sheriff in the particular charge of such and such townships and lands , and so charged upon the towns by the express words of the process . 4. arrentations of assarts and purprestures in wasts and forests set by justices in eyre , which for the most part were written out in charge against the particular lands upon which they were charged : and some perchance were demanded in a gross summ , among other small rents sub nomine vicecomitis . 5. crementum comitatus , or firma de cremento comitatus ; which were some improvements of the king's rents above the ancient vicontiel rents , for which the sheriff answered under the title of firma comitatus . and this crementum comitatus or the several small advances of the old vicontiel rents , were answered under the title of crementum comitatus , or firma de cremento comitatus . but those kinds of firmes de cremento are onely found in the counties of bedford , bucks , norfolk , suffolk , warwick , leicester , wigorn and gloucester : certain other summs annually charged in gross upon the sheriff for certain other small or minute rents under several titles in several counties ; as , de cornagio , de wardis , castle de firma , purprest & escaet de diversis firmis , de minutis particulis , serjancia de tr̄is assert infra divers forest : all which were charged in gross summs upon the sheriff , and sub nomine vic. without expressing any particulars , or upon whom they were charged , which because they were not common to all countries , but varied according to the various usage of several counties , i shall not at large handle , but shall content my self with the enquiry into those that were the common charges of the sheriffs of every several county , viz. the corpus comitatus , and the proficua comitatus . the vicontiel rents that made up the sheriffs firme of the body of the county , came under various titles and denominations in several counties , viz. 1. reditus assize in cumberland , hertford , surry . 2. firme & feodi firme in cumberland , northumberland , nottingham , stafford . 3. firma antiqua in huntington . 4. albe firme in norf. & suff. 5. blanch firmes in ebor ’ , & suff. 6. blanc rents in kent . 7. albus cervus in dorset . 8. auxilium vicecom ’ in cant ’ , cumbr ’ , essex , hunt ’ , leic ’ , north ’ , sussex , warw ’ , wilts . 9. auxilium ad turcum vicecom ’ in devon. 10. hidage in berks , bedf. bucks , oxon. 11. prestatio pro pulchre placitando in bedf ’ , bucks . 12. secta & warda in bedf ’ , bucks . 13. visus franci plegii in bedf ’ , bucks , cant ’ , hunt ’ , essex , hertford , north'ton , somerset , south'ton , stafford . 14. certitudines in berks , here 's ’ , rutland . 15. certi reditus in lincóln , leicester , somerset , south’ton , warwick & wilts . 16. certi reditus ad communem finem in derby , nottingham . 17. reditus pro warda castri in cant ’ , northum ’ , oxon , nor● ▪ , & suff ’ . 18. reditus ad turnum hundredi in dorset . 19. finis antiq●us in essex . 20. finis pro secta curie relaxand ’ in berks & oxon. 21. communes fines in glouc ’ , heref ’ , hert● , ●urry , suffolc , salop. 22. fi●es aldermanno●um in sussex . 23. turnum vicecom ’ in essex & hert● . 24. secta burg. & vill. in cant ’ . 25. suit silver in staf● . 26. hundred silver in nor● . 27. faith silver in staf● . 28. pannel silver in nor● . 29. ward silver in essex . 30. certum lete cum capitag ’ in nor● . 31. leet fee in suff ’ . 32. soken fees in suff ’ . 33. mott fee in salop ▪ these are the general titles of those vicontiel rents that usually came under the title of firma comitatus , which were written generally sub nomine vicecom ' , without expressions of the parti●ulars : but the sheriff that had a particular roll of these vicontiel rents , delivered in that roll many times upon his accompts , though not written especially ●n charge under those names , or in par●icular by the summons of the pipe : and thus much concerning the certain annual revenue ▪ 2. the uncertain annual revenue was the proficuum comitatus , which in ancient times when most of the law-suits were transacted in the counties and hundred-court , was a considerable revenue . but since that time , viz. about the beginning of e. 1. when much of that business was transacted at the great courts , this profit of the county sunk to very little . and in my enquiry touching this part of the revenue , i shall first set down what it was not : secondly , i shall set down what it was , and how it did arise . 1. touching the former of these what it was not ; i say , most clearly it w●● not that profit which is now th● onely considerable profit of the sheriffs employments , viz. the fees and perquisites for the execution of writs , and process and execution issuing out of the king's courts . for , 1. untill the stat. of 23 h. 6. c. 10. there were no fees at all by law due for any execution of process or warrants for the same . till the sta● . of 29 el. 2. there were no fees allowed by law for levying of debts or damages : but by the express provision of the sta● . of westminster the first , the sheriff was bound to execute the king's process without any fee , which is no other ▪ but a declaration of the common law. 2. in no viscontil schedule or accompt of the county that ever i could see or hear of , is there any accompt for fees for execution of process , or any mention thereof . 3. if the sheriff did in those elder times take any fees for execution of writs , there was no colour of reason that he should 〈◊〉 for that : and if he did take more than a reasonable recompence for his pains , it was more than could be justified , and not at all due to the king. ii. but now , as to the second enquiry , what this proficuum comitatus was : and it seems very plain that it was made up principally by these particulars , as most evidently appears by divers accompts of sheriffs in ancient times , when they accompted ut custodes or ballivi , not ut firmarii , viz. 1. the fines , issues and amercements , and other profits of the county-courts , which in those ancient times were very considerable , for it held plea in all writs that were vicontiel , directed immediately to the sheriff out of the chancery , viz. by justices ; and many times not onely personal suits were removed thither out of inferiour court-barons and hundred-courts , but also pleas real , viz. writs of right ; and in ancient time many real actions , especially writs of right were determined in the county . and therefore it is frequent in the old schedules of proficua comitatus , especially in ●orkshire in the times of r. 1. and king john , such as these , viz. de j. s. pro licentia concordandi demimark . de j. s. pro warrantia essonii 2 s. and sometimes a mark ▪ pro mi'a comitatus , sometimes 10 s. quia retraxit se , demimark . de pretio bonorum per distringas demimark . pro transgressione 2 s. pro falso clamore demimark , &c. so that it appears in the accompt of 20 johannis regis , the profits of the bare county-court of york for one half year amounted to 31 li. which is more than 100 l. in a just estimate at this day . 2. the profits of the sheriffs turns , or the sheriffs leets , which had conusance of matter criminal , as his county-court was for matters civil ▪ and the profit consisted , 1. in amercements of sutors that made default . 2. in the fines and amercements of such as were convict of offences inquirable in the turn ; as nusances , bloudshed , assize of bread and beer , &c. and these arose usually to a considerable summ yearly . 3. the profits of the hundred-courts and wappentake-courts ; the profits whereof consisted in the fines , amercements and other perquisites of the hundred-court , which the sheriff sometimes took in kind ; sometimes he let it to firme . these baylywicks of these hundreds , and with them the profits and perquisites of courts were sometimes let to firme by the king , and in such cases the sheriff accompted proficua ballivatus , which often-times arose to very considerable summs . in the time of h. 3. the firmes of the baylywicks of the hundreds in torkshire , beside stancliff and strafford , were let for 100 l. 6 s. 8 d. per annum , which was then a considerable summ , and amounts now in sterling money to thrice as much . but as the business and jurisdiction of the hundred-courts sunk gradually in their employment , ( whereby the perquisites now do but little surmount the charge of keeping them ) so now by the stat. of 23 h. 6. cap. 10. the sheriff is restrained from letting the baylywick to firme ; and most of the hundreds , at least in many counties , are disjoined from the county and granted out , some in fee-farm , and some otherwise , though there have been frequent attempts of rejoining them to the sheriffs by acts of resumption . and these are the profits that made up the proficuum comitatus , for which the sheriff most commonly in ancient time answered as firmarius at a certain rent , though sometimes he accompted for it as custos or ballivus as ●hall be shewn . and i know no other ▪ perquisite that made up the prof●c●●m comitatus but what is above mentioned ; onely in northumberland there were some castle gard-rents that were in truth vicontiel rents , and in their propriety and nature belonged to the corpus comitatus , which yet by constant usage were usually answered among the proficua comitatus . and thus far concerning the annual revenue of the county , both certain and uncertain , chargeable upon the sheriffs collection . 2. the revenue casual consisted of many particles under various heads or titles , viz. debts drawn into the pipe , and thence written out unto the sheriff . fines voluntary or compulsary . seisures of lands and compositions , &c. they may be reduced under these three heads at this day . 1. the debts written out to the sheriff from the several offices , viz. the two remembrancers , clerk of the pipe , &c. 2. the summons of the gree● wax , written to the sheriff with the estreats from the treasurer's remembrancers . 3. the foreign accompt , or seisures of lands for debts or forfeitures . as touching escheated lands and wardships they came under the escheator's charge , and the profits thereof rarely answered by the sheriff , unless ●or some few ancient e●cheats . chap. vi. concerning the manner how the annual revenue of the county was usually answered in the ancient times untill 10 e. 1. having shewed what the annual profits of the county consisted of , i shall now descend to the manner how it was anciently answered . the sheriff , as hath been shewn was the king's bayly for the collecting of the king's revenue : and touching the manner of his collecting and answering them , and therein principally concerning those two great parts of the annual revenue , viz. the corpus comitatus , or when it was in firme , the firma corporis comitatus : and the proficuum comitatus , and when it was in firme , the firma de profic●o comitatus ; both which shall be hereafter more fully explained . these profits were anciently , and are to this day , answered at two terms in the year , viz. michaelmas and easter . but to enable the more effectual levying of them , there always issued to the sheriff before easter and michaelmas , out of the exchequer a writ called the summons of the pipe , which had annexed to it the charge or summs for which the sheriff was answerable , viz. those which were charged upon himself sub nomine vicecomitis , and those which are charged upon others . the form of the writ is recorded in the black book of the exchequer , lib. 2. cap. qualiter fient summonitiones ; which continue to this day , viz. rex vic ’ ebor ’ salutem . vide ficut teipsum & omnia tua diligas quod sis ad scaccarium nostrum westm ’ in cro ’ sancti michaelis , vel in cro ’ clausi paschae , & habeas ibi quicquid debes de vetere firma vel nova : et nominatim haec debita subscripta . and then the whole charge is inserted which commonly began with these annual revenues , viz. de corpore comitatus ( or if it were in firme ) de firma de corpore com. 100 bl . de numero comitatus 10. de proficuo comitatus ( or if in firme ) de firma de proficuo com. 50 and then the summ in gross charged upon the sheriff for divers small rents , and then afterwards all those firmes that were charged upon particular persons seriatim and in order . and according to the order where in they were written out to the sheriff , accordingly in effect were the accompts passed , and the entries made thereof in the great roll of the pipe , onely the particulars in the writ was their charge of the sheriff , unto which he was to give his answer upon his accompt , and then there are entred his discharges . and this firme continues there to this day , with such alterations as are hereafter mentioned : and therefore the ordinance or statute in libro rubro scaccarii , fol. 242. made in 54 h. 3. is nothing else but the stable and fixed method for writing the great roll , observed both before and since that day . primò , scribatur corpus comitatus , deinde eleemosyne constitute , & liberationes & bria ’ prisci vicecom ’ ficut semper fuit consuetum . deinde oneretur vic ’ de firmis pro proficuo comitatus vel de proficuis : deinde scribantur omnes firme tam majores quam minores , &c. and although the certain debet of the sheriff could not be known before the finishing of his accompt , because it could not be known what he levied , and what not ; and what he had paid , and what not ; ( which accompt was not untill the end of his year ) yet it seems there was anciently an estimate what this constant charge of the annual revenue amounted unto , and what the constant allowances amounted unto , according to a medi●m , or possibly according to those firmes and gross summs which were charged immediately upon the sheriff sub nomine vicecomitis ; and these summs were paid into the exchequer at the return of the writ of summons of the pipe , and they were , and are to this day called profre vicecom ' , or the sheriffs profsers . and by the statute of 51 h. 3. called statutum de scaccario , those profsers are appointed to be paid on the morrow of st. michael , and the morrow post clausum ▪ paschae ; and the payment of these profsers are continued to this day : but although they are paid , yet if upon the conclusion of the sheriffs accompt , and after the allowances and discharges had by him , it appears that he be in surplusage , or that he is charged with more than indeed he could receive , he hath sometimes , and for the most part , all his profsers paid or allowed to him again : and so indeed it is but a mock ▪ payment , a payment kept on foot to maintain the old method of his accompt , but is in effect but so much money lent , for he hath it ( and justly enough ) allowed to him back again : the reason and justice whereof shall be shewn hereafter . and now to return again from whence we digressed , i shall now search out the meaning of these firmes , corpus comitatus bl . and numerus comitatus , and firma de corpore comitatus , and proficua comitatus , and firma de proficuo comitatus , i mean as they relate to the sheriffs accompt for what the things were is sufficiently discovered before . therefore as to the corpus comitatus , i have already shewn in the precedent chapter , what it consisted of , viz. the vicontiel rents of the county ; and they consisted of two sorts of payment , viz. those that were answered in blanch money , and those ▪ that were answered in money numbred . and this ordinarily made two titles of the corpus comitatus in most counties , vi● . where there were firmes of these dif●ering natures , and they are then thus noted , viz. de corpore comitatus . 100 l. bl . de numero comitatus 50 and they were written out thus generally , without expressing the several vicontiel rents , but onely the gross summs what they amounted to blanc , and what they amounted to numero , or de numero comitatus . and the sheriff upon his accompt was used to bring in a vicontiel roll , containing these particular vicontiel rents , what they were and what he had levied . by this it appears that in the first consti●●tion of this vi●ontiel accompt the sheriff accompted for these rents as bayly or custos , and answered what he levied though they were written out , and stood upon the great roll all in a lump , and when the sheriff accompted thus , he accompted as custos or bayly . but in process of time ( but that time very ancient ) the sheriff for the time being took the corpus comitatus or vicontiel rents to firme , which firme for the most part amounted to very nea● the entire quantity of the vicontiel rents . and this firme in many counties was very ancient , for we find them mentioned in the pipe rolls of the time of king j●hn and ● . 1. and by this means the sheriff was to answer at his peril his firme , for it became his own debt , and he was to gather up the vicontiel rents to his own use to make himself a saver . she sheriffs commission hereupon was with the reservation of the firme , and although we have not memorials of ●ll those reservations , yet of some we have . int●r communia of 19 e. 1. bedf. bucks , rex 16. jan. anno 19. commisit will. turvil com ’ bedf. & bucks cum pertinent ’ c●stodient quamdiu regi placuerit redde●do inde per annum quantum johannes palam ●uper vicecomes eorund●m reddere consuevit . and by little and little this grew into a usage , the succeeding sheriff answering the firme of the county , and of the profits of the county as his predecessor had done ▪ whereby the firma comitatus and the firma de proficuis comitatus became as setled firmes charged upon the sheriff though there w●●e no express reservation of it upon his patent or commission of sheriff . and because these firmes were in their first reservation proportioned to the value and nature of those rents , which now the sheriff had , as before the king had them , in specie ; hence the sheriffs firme of the county or body of the county as it was proportionable to the same , answered for the vicontiel rents ; so it was proportioned to their nature , viz. because some of the vicontiel rents were in blanc money , the sheriffs firme corresponding to that was answered in blanc money : and some of those rents being answered numero , the sheriffs firme corresponding thereto was answered numero . and by this accompt the charge both upon the summons of the pipe and upon the great roll was altered viz. whereas the former style of the charge was de corpore comitatus blanc & numero , now it was changed , viz. de firma de corpore com ’ 100 l. bl . de numero comitatus 40 ad thus the manner of the charge stood for the times of h. 3. and e. 1. and for some time before , a● least in some counties : and so it continues to this day with such alterations as shall be shewn . and as the corpus comitatus thus by usage grew a firme , or rent charged upon the sheriff , so also did the crementum comitatus , in those counties where such crementa was answered , viz. de firma comitatus 100 l. de numero comitatus 40 de cremento comitatus 10 all being governed by the word firma ▪ for , as i have said , a long letting of these vicontiels to firme , had brought them to be a setled charge , charged upon , and answered by the sherif● ; and he gathered up the vicontiels to his own use , to make himself a saver , and to make good his firme . and thus much concerning the answering and altering of the charges of the vicontiels , or the corpus comitatus both before and after it was in firme . 2. as concerning the proficuum comitatus , the proceeding was much the same as that concerning the corpus comitatus . in the ancienter times , when the proficua comitatus was at all answered by the sheriff , it was answered by him , as custos or bayly upon accompt : though in some ancient pipe-rolls , for some counties we find no distinct mention of it ; as in the pip●-roll of 19. r. 1. glouc. herbertus reddit compotum de 372 l. 14 s. 6 d. bl . de firma comitatus . the like , ibid. 13 johannis . but very frequently afterwards the sheriffs , when they had the corpus comitatus , or the certain annual revenues under a firme , yet answered the proficua comitatus as custos or bayly : for instance , pipe-roll 9 r. 1. bedf. & bucks , simon de bello campo reddit compotum de 369 l. 19 s. 11 d. bl . et de 79 l. 8 s. 1 d. numero , de firma comita ’ , without mentioning the proficua comitatus . but in the pipe-roll 25 h. 3. bedf. & bucks , paulinus pejor , ut firmarius reddit compotum de 369 l. 19 s. 11 d. bl . & de 108 l. numero de firma comitatuum . idem vicecomes reddit compotum de 100 marc ’ pro proficuo comitat. and anno 44 h. 3. alexander hampden , ut firmarius reddit compotum de 369l . 19s . 11d . bl . & de 108l . numero , de firma comitatuum . idem a. reddit compotum de 220 marc ’ pro proficuo comitat’●icut conti●etur in originali . and in 51 h. 3. galfridus rus ut firmarius de anno 50 reddit compotum de 369l . 19s . 11d . bl . & de 108l numero de firma comitat ’ . idem galfridus reddit compotum de 180 marc ’ pro proficuo comitatus de anno 50 . ●icut continetur in quodam rotulo attachiato originali ejusdem anni . and in the year following , edvardus filius regis primogenitus , bartho● ▪ de ire●e subvicecomes ejus reddit pro ●o per breve regis , compotum de 369l . 19s . 11d . bl ▪ & 108l . numero de firma comitatus hoc anno . idem e ▪ vic ’ non reddit de aliquo proficuo comitat ’ quia rex ei commi●it dictos comitatus respond ’ inde per annum de antiqua firma corporis , ●icut co●tinetur in originali anni precede●t●s . and so in the great roll of 50 h. 3. glouc. reginaldus de ale de 372 l. 14 s. 6 d. de firma com ’ . idem vicecomes reddit compotum de 80 marc ’ pro proficuo com ’ & exit ’ ville & nundinorum & hundredi de wencham sicut continetur in quodam rotulo , &c. and so it continued in the time of e. 1. by which it is evident , 1. that sometime there was nothing at all answered pro proficuis , but it was cast into the firme of the county . 2. that although the body of the county , consisting of a certain yearly revenue was in firme , yet often-times the proficua comitatus were not in firme , but the sheriff accompted for them ut custos , sometime higher , sometime lower , as the profits arose . but in process of tim● the proficua comitatus , at least in some counties , fell under a firme , though in some counties sooner , in some later ; and having once begun to be in firme , the succeeding sheriff took it as his predecessour left it ; and so it became in time a setled firme , though not expressly reserved upon the patent of every sheriff . and yet in such cases it was become a setled firme , by usage and custome ; yet when the sheriff found that his firme was too great for these profits ( which were casual , sometimes more , sometimes less ) he was in those elder times admitted to accompt ut custos , without being bound to answer his entire firme , unless he saw fit . but that was rarely in use after the time of h. 4. and accordingly it seems to be intimated in that ordinance of 54 h. 3. above mentioned , for writing the great roll of the pipe , viz. de firmis pro proficuis , vel de proficuis . and this shall suffice for the unriddling of the sheriffs accompts till the 10 and 11 ed. 1. chap. vii . the second period of the sheriffs accompts , viz. how they stood from 10 e. 1. untill 34 h. 8. we have in the former chapter seen how the statute of the sheriffs accompts stood in relation to the annual revenue of the county , whether certain or uncertain , and both stand now reduced under a firme , viz. 1. the corpus comitatus answered under a firme ; partly blanc , and partly numero . 2. the proficua comitatus gradually also reduced into a firme intirely numero ; but with a liberty for the sheriff to ease himself of the excess of his firme above the profits , by submitting to an accompt of these profits as bayly or custos . it fell out in process of time that the kings of england granted away many of those vicontiel rents , and the lands upon which some of them were charged , whereby the sheriff lost much of what was to make up the firme of his county . and although the sheriffs , upon shewing thereof upon their accompts , had an allowance of that which was so granted away , yet it made a trouble and disorder in the sheriffs accompts . and therefore it was necessary to have some provision for the same , but this onely concerned that part of his firme which was of the corpus comitatus , or the firme of the certain annual revenue . therefore by the stat. of r●tland 10 e. 1. this provision is setled . quod non scribatur de cetero corpora comitatum in rotulis singulis , quin scribantur in quodam rotulo annuali per se , & legantur fingulis annis super compotum vicecomitis fingula , viz. in ●ingulis comitatibus ▪ ut sciatur si quid nobis possit accidere in quocunque comitatu . reman●nt vero eorundem comitatuum post terr●s datas scribatur in rotulis annualibus & onerent●r inde vicec●mites . in quibus quidem remanentib●s all●●entur liberationes ▪ eleemosyne , &c. scribantur etiam in eisdem ro●ulis annualibus firme vicecomitum , proficui comitatus , firme serjantiar ’ & assartor ’ , firme civitatum , burgorum & villarum , & alie firme de quibus est respo●sum annuatim ad scaccarium predictum . scriba●tur i● eisdem omnia debita terminata & omnia grossa debita de quibus spes est quod aliquod inde reddi possit . item om●ia debita quae videntur esse clara , tit●lum de novis obtatis . nihil scribatur in rotulo annuali ni●i ea de quib●s est spes , &c. de firmis vero mortuis & debitis de quibus non est spes , fiat u●●s rotulus , & irrotulentur & legantur singulis annis super compot ’ vicecom ’ & debita de quibus vicecomes respondeba● scribantur in rotulo annuali & ib● acquietent●r . and by this act these alterations were made . i. the state of the yearly rents which heretofore made up the corpus comitatus was ▪ examined , and it was considered what parts thereof had been granted out by the king , to the end that the sheriffs fi●me of the body of the county might be abated with respect to those grants ; which reduction of the firme is stiled remane●tia firme post terras datas . ii. the old stile of corpus comitatus was now put out of the charge , and whereas formerly the sheriffs charge was de firma de corpore c●mitatus , now it was changed , and the charge was de remanente firme post terras datas : and accordingly it was forthwith altered in the great roll , onely when those remaining rents that were to make good this remanentia firme , did consist of rents blanc , or of rents numero onely , it was accordingly written , viz. in this manner . de remanente firme de com ’ 100 l. bl . de numero comitatus 50 iii. there was to be extracted out of the great roll the old rents that made up the corpus comitatus and the title thereof , and those firmes that were firme mortue or obsolete , illeviable firmes , and those debts that were desperate , and the great roll of the pipe ( which was written every year ) was to be disburthened of them , and they were to be transcribed into another roll called an exannual roll. this exannual roll to be yearly read to the sherif● upon his accompt , to see what might be gotten : and if any thing appeared to be good , then the same to be recharged again upon the great roll of the pipe. iv. but there was no alteration hereby made of the firma de proficuis : so that by this act as in relation to the firmes and rents of the county these things were done . 1. those firmes or rents that were wholly granted away , were wholly put out of charge , whether they were assart rents or firmes charged upon particular persons or land , or that were within the sheriffs firme as vicontiel rents . 2. if any vicontiel rents that made up the sheriffs firma de corpore comitatus were granted out , the sheriffs firme was abated in respect thereof . 3. if there were any obsolete or dead rents , that were either vicontiel rents or charged upon particular lands or persons which had not been a long time answered , they together with the corpus comitatus were removed out of the annual roll and transmitted into the exannual roll read yearly to the sheriff , to see whether any hope of levying them : but their writing out in charge in the great roll suspended till they might be after discovered to be leviable . and accordingly presently after the making of this act , the firme of the sheriffs charge in the summons of the pipe and the entry thereof upon the great roll was changed , and this memorial is made upon the pipe-roll for every county . corpus hujus comitatus non annotatur hic , sed annotatur in quodam rotulo in quo scribuntur omnia corpora comitatuum angliae in manu regis existentia simul cum firmis mortuis & debitis quasi desperatis quae debe●t singulis annis legi & recitari super compotum vic ’ ut sciatur quid inde accidere possit regi ex quacunque causa que sunt in thesauro . in quibus etiam continetur quod inde vicecomites onerentur in compotis suis predictis de remanentibus firmarum comitatuum post ●erras datas . et quod in eisdem remanentibus allocentur liberationes & eleemosyne constitute & alie allocationes si quas vic ’ habuerint per br'ia regis de eorundem exitibus . and according to this act and memorandum the great roll was certified : for instance , before this act the great roll for gloucester did run thus . j. f. reddit compotum de 372l . 13 . s 6d . blanc . de firma comitatus . but after this alteration it runs thus . in the great roll 12 e. 1. rogerus de lockington vicecomes reddit compotum de 38l . 14s . 11d . blanc . de remanente firme comitatus post terras datas . idem vic ’ reddit compotum de 80 marc ’ de firma pro proficuis comitatus ( which was the old firme thereof before 10 e. 1. ) so again in the pipe-roll 10 e. 1. which was the accompt of the year next before the making of this act the roll runs thus , viz. bedf. bucks , richardus de gollington reddit compotum de 319l . 19s . 11● . bl . & de 108l . numero , de firma comitatus . et reddit compotum de 180 marc ’ de firma pro proficu● comitatus sicut johannes de chedley reddere consuevit . in the roll next after the making of this act it runs thus . richardus de gollington vic ’ reddit compotum de 17l . 7s . bl . de remanent ’ firme ●omitatus post terras datas sicut supra continetur , & de 108l . de firma numero . et vic ’ reddit compotum de 100 marc ’ de firma pro proficuis ●icut continetur in rot. 11 : by which instances these things appear , viz. 1. that the firma de proficuis continued the same as before : for therein no alteration was made by the stat. of rutland . 2. that the title of the firma de corpore comitatus was changed into the title de remanente firme comitatus post terras datas . 3. that the quantity of the firmes were reduced to smaller summs with respect to those firmes or lands charged therewith formerly and since granted out . 4. that yet the titles of blanc and numero continued or were omitted as the nature of the vicontiel rents that remained ungranted were , viz. when all the blanc rents were granted out , the firme de remanente was answered onely numero . where all the rents numero were granted the sheriff answered his firme wholly blanc . if part of his rent blanc were granted and nothing of those rents that were answered numero , he answered the remaining part of his firme blanc , and the entire residue nume●● . for the sherif●s firme of the county before , and de remanente now , did answer to the quantity , and also to the nature or quality of those vicontiel rents that he was to receive to make good his firme . but abating that one alteration from firma corporis comitatus to de remanente firme , and the abridging of the firme as before , and the discharging both of the summons of the pipe and the great roll of those charges that were transcribed into the exannual roll , the rest , both of the charge and great roll continued as before . but notwithstanding this provision gave some ease to the sheriffs in relation to those firmes , yet the charging of them with these firmes became a matter of continual complaint , for that they were still charged with these firmes , yet many of the rents and benefits that should make good their firmes were sold or became illeviable after rot. parl. 25 e. 3. n. 39. item pry les commons que touts vicounts que sont charge de certain firmes pur les counties ou ▪ ils sont vicounts soient discharge de ce● post resceit de lour baily per cause de franchises grant ronne breve soit mand al treasurer & barons deschequer quils faient due allowances al chescun vicount ●ur le render de lour accompts en chescun case la ou ils voilent quil soit reasonable . and in the same parliament in 47 , the sheriffs of bedf. and bucks pray to be discharged of the firmes of the baylywick of their hundreds , because those baylywicks yielded no profit : they are remitted to the exchequer , rot. parl. 45 e. 3. n. 45. the sheriffs of essex and hertford , pray an ease in respect of illeviable firmes charged upon them , and hundreds and rents granted from them : answered , le roy lour ad fait grace . by the statute of 1 h. 4. cap. 11. upon the complaint that the sheriffs are charged with the ancient firmes of their county , notwithstanding that great part of the profits of the same be granted to lords and others : it is enacted that the sheriffs shall accompt in the exchequer and have an allowance by their oaths of the issues of their counties . rot. parl. 11 h. 4. n. 46. & sequent ’ . the sheriffs of several counties complain that they are charged with several ancient firmes which they are not able to levy , viz. essex and hertf. with the firme of the county , and the firme of the profits of the county : york with the firme of the county ▪ post terras datas . devonshire with the remanent ’ firme c●mitatus post terras datas , the firma de proficuis comitatus , and a certain firme of 100 marks called blanch firme . norfolk and suffolk with a firme called de remanent ’ firme post terras datas , and firma de proficuo comitatus , whereof they complain that they cannot levy any thing , and besides the hundred and liberties granted out to the diminution of their profit ; and pray remedy according to the stat. of 1 h. 4. they are referred to the king's council to make such pardon and mitigation as they shall think reasonable . rot. parl. 1 h. 5. n. 34 , 35. the like complaints are made in the behalf of the sheriffs , and prayed that they may have allowances out of their firmes upon their oaths according to the statute of 1 h. 4. but they have the like answer as before , viz. a reference to the council . but rot. parl. 4 h. 5. n. 24. and 4 h. 5. cap. 2. the like petition is received , viz. that by their oaths they may have an allowance of what the cannot levy out of those great firmes that are charged sub nomine vic , ’ viz. firmes ▪ of their counties , blanc firmes de novo incremento , &c. but instead of redress they lost that benefit which the statute of 1. h. 4. had before afforded them . and it is directly enacted that the sheriffs shall have allowances by their oath of things casual , which lye not in firme or annual demand : but of those things which lye in firme annual , or demand annual , they be charged as sheriffs in aforetime had been charged . and thus stood the business of the sheriffs firmes untill the statute of 34 h. 8. which is the next period . chap. viii . touching the state of the sheriffs firmes from the statute of 34 h. 8. till the fourteenth year of the reign of king charles 1. which is the second period . we have seen in the former chapter how the case stood with the sheriffs firme after the statute of rutland , and how the statute of 4 h. 5. cap. 2. bound the firmes charged upon the sheriffs , closer upon them than for some years before : and so they continued till the making of the statute of 34 h. 8. cap. 16. this statute recites those several firmes charged to the sheriff sub nomine vicecomitis , viz. de remanent ’ firme post terras datas : firma de proficuo comitatus , and those other minute firmes demanded sub nomine vicecomitis . and many of these particular small rents that made up these firmes charged upon the sheriffs are lost or not leviable , or extinguished by attainders and dissolutions of monasteries , and yet the sheriffs continue charged with their firmes as formerly . it enacts ▪ 1. that all sheriffs that have no tallies of record shall upon their days of prefixion deliver in rolls or schedules of parchment containing th● particular summs of money which he hath or might have levied as parcel of the said ancient firmes , naming the person and lands of which they are to be levied . 2. that after such schedules delivered the court shall have power to allow and make deductions in the said sheriffs firmes of all such summs of moneys as the firmes shall be more than the summs in such schedules shall amount unto . 3. and the court shall proceed to the recovery of such summs belonging to the said firmes as are omitted in such schedules . 4. that the sheriff have allowance and discharge of all such illeviable summs as are written to him in process . 5. that the sheriff have allowance for entertainment of justices , &c. but this was but a temporary act , and discontinued at the next parliament . but a farther act was after made for the ease of the sheriff , especially in relation to those firmes , viz. 2 and 3 e. 6 ▪ cap. 4. by this it is enacted , 1. that the sheriff shall have such allowances and tallies of reward as they had before the act of 34 h. 8. or may accompt according to the act at their election . 2. that they that accompt and take no tally of record shall be treated in the exchequer as though the act of 34 h. 8. were in force . 3. that those that have no tallies of reward shall have allowance of the diet of the justices , &c. 4. that all such sheriffs as take no tallies of reward shall be discharged of all firmes , goods , chattels , profits , casualties , &c. as they cannot levy or come by . 5. that all that have tallies of reward shall be discharged of all firmes and summs of money that they cannot levy , except ▪ vicontiels with which they are to remain chargeable as before the making of the former act. 6. that sheriffs shall have allowances of such vicontiels as are extinguished by unity of possession in the crown by dissolution of monasteries . 7. that the sheriff at his day of prefixion when he is sworn to his accompt , shall be sworn to deliver into the court of exchequer , rolls or schedules of parchment containing all the particular summs of money which he hath levied or might levy of his vicontiels or other firmes , mentioning the persons and lands of which they are leviable , and the court to take care for the levying of such of the vicontiels , or firmes , which are omitted out of the schedules , for saving the king's rights , and to make out process for the same . upon these acts these things are observable . i. that those sheriffs that have tallies of reward may not discharge themselves of their vicontiels , viz. the remanent ’ firme post terras datas , and cr̄o comitatus , and other small rents charged sub nomine vicecomitis ( if he take his tally of reward ) by oath that he cannot levy it , or all of it . ii. but if such a sheriff will wave his tally of reward , he may accompt according to the statute of 34 h. 8. and so discharge himself of his vicontiels or firmes thereof as well as other firmes . and the truth is , i think , anciently there were some . sheriffs that had tallies of reward , viz. york , northampton , cumb'land , hereford , &c. but since the making of this act they have waved them , accounting it more beneficial to take the benefit of those statutes upon their accompt , than to take their tallies of reward . so that now all sheriffs have an equal benefit of the statutes of 34 h. 8. and 2 and 3 e. 6. iii. but those sheriffs that had no tallies of reward might discharge themselves of their vicontiels and firmes de remanente comitatus , as well as other things that they could not levy . iv. that all sheriffs , as well those that had or had not tallies of reward might discharge themselves of the casual charges , or their annual uncertain charges ; and consequently might , and most ordinarily after this statute did discharge themselves of the entire firme de proficuis comitatus , in case the profits of their counties did not surmount the charge that attended them . and by this means since the making of this statute , those sheriffs that were charged with the firma de proficuis rarely if at all answered any thing for it , because they have always ascertained the court that there were no such profits beyond the charge in collecting them : or that the charge of keeping the county-court , the turns , the hundred-courts , which were the things that made up the firma de proficuis , surmounted the benefit . v. and this making appear was no other than the oath of the sheriff , that he could not levy this or that rent , parcell of his vicontiels , or that there were no proficua comitatus , &c. and this oath of the sheriff hath always been the warrant to discharge him of all or any part of his firmes . by which means it hath most ordinarily come to pass that although the sheriff hath paid in his profers at easter and michaelmas , yet when he comes upon his accompt he doth by his oath discharge himself of all his firma de remanente comitatus , and thereby most times the king becomes debtor to the sheriff for those moneys which he received as profers , or moneys due by the sheriff upon his firme . and it is but reason ; for the statute gives him that just benefit to discharge himself by his oath of what he cannot levy or receive . and yet though the sheriffs have constantly by their oath discharged themselves of the entire firme de proficuis comitatus , and of a great part of their other firmes of the vicontiels , or remanent’firme , and other rents charged upon them in gross summs , by swearing the illeviableness of some of those vicontiels which make up those remanent ’ firme comitatus and gross summs , yet constantly after this act and until the year of our lord 1650 the entire firmes , viz. the entire firme of the remanent ’ post terras datas , and the entire firme de proficuis comitatus , were constantly written out in charge to the sheriff upon the summons of the pipe , and entirely charged upon the great roll ▪ as they had ever been since the statute of rutland , and in the very same manner , though in truth it was for the most part but an idle piece of formality ; for the sheriffs constantly swear it off by virtue of the statute . and thus by these statutes the sheriff had ease by his oath from that part and those parts of his firmes that he sweared he could not levy . but the truth is the sheriffs have taken that part of the statute which was for their ease , viz. to swear in discharge of their firmes , but have two much omitted that other part of the statute that was for the king's advantage , viz. the delivery in upon their oaths the schedules of their vicontiels : by which omission possibly many small , but good , rates have been lost since the statute of 2 and 3 e. 6. which might have been preserved . although possibly the far greater part were lost long before , as appears by the complaints of the sheriffs , in relation to their firmes , in the parliament roll of 11 h. 4. above mentioned ▪ and thus the sheriffs firmes stood untill the 15th of king charles the first . chap. ix . the third period from the fifteenth year of king charles the first untill the year of our lord 1650. and how the sheriffs firmes and accompts stood in that interval . by an order of the court of exchequer made the 25th . junii , 15 car. 1. upon the complaint of the king's firmor of decayed rents it was ordered that the clerk of the pipe should cast up and compute , and severally and distinctly put in charge arrearages of decayed rents and parcells of rents , that process and commissions might be made forth thereupon by virtue of the order . but this proved uneffectual , for although the same was done accordingly , yet the king received litte advantage thereby , neither did it at all convenience the sheriff , or alter the charge written out in the summons of the pipe , or upon the great roll ▪ for the firmes continued still in charge as before , without any alterations : and though somewhat of small consequence was found out , which might help to make good the sheriffs firmes in some particulars , yet the same still fell short , and the sheriffs were still enforced to make use of the advantage of the statute of 2 e. 6. to ease themselves by their oath of illeviable rents , till the year 1650. chap. x. the fourth period of the sheriffs firmes from the y●ar , 1650 unto this day , and how they were answered in that interval . in the times of the late troubles , viz. 6. julii , 1650. there was an order made in the court of exchequer touching the sheriffs firmes and the vicontiel rents , which because it hath set a rule in this business , which to this day is observed , i shall here transcribe verbatim . whereas the sheriffs of several counties of england stand charged in the great roll of the pipe , and have so stood charged anciently with divers summs of money in gross , sub nomine vicecomitis , under the several titles of de rem ’ firm ’ com ’ post terras datas : de veteribus cr̄i comitatus . de firma de proficuo comitatus . de cornagio . de warda castri . de firma perprestur & escaet . de emersis firmis . de minutis particulis . serjantia de tr̄is assart ’ infra diversas forestas , and the like . and the said sheriffs yearly , and from year to year , have been and still are commanded by the summons of the pipe , to levy the same as heretofore to the use of the crown , so now to the use of the common-wealth , without expressing where , of whom , for what cause , or out of what lands or tenements the same are particularly to be levied by the said sheriffs , or out of what particulars the said summs in gross do so arise ; in regard whereof , and that it hath heretofore appeared in the time of king h. 8. upon complaint of the sheriffs , that a great part of the particular rents and annual summs of money , wherewith the said sheriffs do stand charged upon their accompts in gross , had been long before that time payable by monasteries , abbots , priors , attainted persons , and the like , whose estates were come to the crown , and so ought to be discharged by unity of possession ; and yet that the said sheriffs were still charged in gross with the same , to their great burthen and grievance ; it was in the 34th year of the said late king h ▪ 8. enacted by parliament in the case of these sheriffs , and of all sheriffs for the time to come ; that the said sheriffs should be charged to answer upon their accompts yearly such rents and summs of money of the natures aforesaid onely , as by the particular rentals or vicontiels , by them to be yearly delivered in upon oath , they should set forth and make appear to be by them leviable ; and that they should be discharged of all the residue which they upon their oaths should affirm to be illeviable , by virtue of the said act of parliament , which hath been so continued accordingly , ever since . howbeit the sheriffs have from time to time complained , and still complain against the writing forth of more to be levied and answered by them upon their accompts , than such rents and summs of money onely as appears upon the oaths of their predecessors , sheriffs , to be leviable ; and that the rest , appearing to be illeviable , ought to be removed out of their said annual roll , and commissions thereupon to be awarded out of the exchequer , for reviving the same according to the true intention of the said statute of 34 h. 8. which the now lord chief baron , and the rest of the barons , taking into their serious consideration , and being willing and desirous , so far forth as may stand with the preservation of the due rights of the common-wealth , to give all fitting ease and satisfaction to sheriffs therein , according to the meaning of the said statute of 34 h. 8. and according to the statute of rutland , 10 ed. 1. whereby it is provided that nothing shall be written out to the sheriffs but such firmes and debts whereof there is some hope that something may be levied . and that all dead firmes and desperate debts are to be removed from the annual or great roll into the exannual roll , and not to be written forth in process to the sheriff , but to be inquired of to see if any thing may be revived . whereupon the said lord chief baron and the rest of the barons , calling before them the clerk of the pipe , with the secondaries , and the rest of the sworn clerks of the said office , and upon debate of the business , finding it to be a work of great difficulty , labour and care , to examine and set forth in every county , from the originals and records of such antiquity to be compared with later times , the particulars which are from henceforth to be written to the sheriffs to levy in certain . and such as are for the reasons aforesaid to be removed out of the said annual roll have nevertheless in ease of all sheriffs for time to come , with respect to the labour and care of the officers and clerks to be by them undergone therein . it is this day ordered that the clerk of the pipe , the secondaries and other sworn clerks of the said office in their several assignments shall in pursuance of the said statute of rutland , and the said statute of 34 h. 8. use their best endeavour , diligence and care , with as much convenient speed as a work of so great labour and consequence may well be performed , fully to explain and set forth , and shall from henceforth fully explain and set forth , in the subsequent annual roll of this court , so many of the particular rents as they find out and discover by any of the remembrances , books , vicontiels of sheriffs , or other records of this court , to have been , and which be appertaining to the making up of every of the said firmes so charged in gross summs as aforesaid , and shall therein distinguish which and how much of those particular rents have been and are to be yearly answered . and so much of the said firmes as cannot be explained by setting forth the particulars , together with the particulars so set forth and explained , which have been in decay and unanswered by the space of forty years last past , and which are become illeviable , shall be thereupon removed and conveyed out of the said annual roll and sheriffs accompts into the exannual roll of this court. and that commissions and process shall be from time to time awarded to regain and recover the same , according to the true intention of the said statutes . this order produced these effects . i. great care was taken to collect and set forth the obscure rents , and upon what they were charged . ii. the particulars of those rents and vicontiels that made up the sheriffs firmes formerly , of remanent ’ firme post terras datas , and de cremento comitatus , as also those rents that were charged upon the sheriffs in gross summs , as de diversis firmis , de minutis particulis serjantiarum , and such other charges in gross were wholly left out and omitted . iv. instead thereof such particular rents and vicontiels as made up formerly these firmes and gross charges , or money of them as could be discovered were particularly written out in the summons of the pipe , and in the great roll first under the title of several hundreds , wherein the bills lay that were charged or had any lands charged within them with these vicontiels and the several vills under the titles of these hundreds , and the several lands that were charged within those vills , as far forth as could be discovered . v. those vicontiels that were part of those firmes or gross charges , and likewise such particular rents charged formerly in the annual roll in particular , which had not been answered in forty years before , were removed out of the summons of the pipe and great roll into the exannual roll to be put in process as they could be discovered . and thus the form of the charge which had continued ever since 10 e. 1. as to the firmes and gross summs , was too lately changed to the great ease of the sheriffs , of the court and of the people , who were often harassed by the sheriffs to make themselves savers , by levying these obscure incertain and illeviable summs . and all this without any detriment to the king who indeed before had an appearance of great firmes and summs expressed in the summons of the pipe and great roll , which yet were sworn off too little by the sheriffs in pursuance of the statute of 23 e. 6. vi. but besides all this , the firma de proficuo comitatus was also wholly laid aside and put out of the charge of the summons of the pipe and the great roll. it is true there is no clear warrant for putting the firme out of charge by that order , for that order seems to extend onely to rents and vicontiels , which indeed made up the other in firmes and gross summs charged upon the sheriffs . but this firme was answered for the profits of courts and other casual perquisites , and not in respect of any vicontiel or annual rent . but yet for all that , the true extent of that order might extend to put that firme wholly out of charge , since it is apparent that the profits of the sheriffs courts whether hundred-courts , county-courts or time , do scarce quit the charges of keeping them at this day , nor for a long time past . neither is the king de facto at any loss thereby , for though before this order this firme was indeed in charge and carried the shew of some benefit to the king , yet it was wholly sworn off by the sheriffs by virtue of the statute of 2 and 3 e. 6. onely it seems reasonable that though the firma de proficuis be put out of charge so that the sheriff should not be compelled to answer a firme to that which yields little or no benefit , yet that the sheriff should be charged to accompt for the proficua comitatus as bayly or custos though not as firmor . and that therefore there should stand in charge upon him to accompt de proficuis , which is all that i can find considerable to be supplied in that order , orvin the present methodizing of the great roll in relation hereunto . and although this order was made in the late time of trouble , yet it hath obtained and stood in force unto this day . the late act of this parliament intituled an act for the preventing of the unnecessary delays of sheriffs , &c. hath this clause sutable to the said order , viz. and to the end that sheriffs may for the time future be eased of the great charge and trouble which they heretofore have been put to in passing their accompts in the exchequer , occasioned partly in regard that divers summs of money have stood charged upon them in gross without expressing from what persons , or for what cause , or out of what lands and tenements , the same are particularly to be levied , or out of what particulars the said summs in gross do arise , whereby it cometh to pass that the sheriffs do still stand charged in gross with divers summs of money which were heretofore payable by abbots ▪ priors , persons attainted , and such other persons , whose estates are since come to the crown , or are otherwise discharged or illeviable . and partly by the accompt of seisures , or foreign accompts , and by exaction of undue fees of sheriffs upon their opposals . but it is enacted , &c. that no sheriffs shall be charged in accompt to answer any illeviable seisure , firme , rent or debt , or either seisure , firme , rent , debt or other matter or thing whatsoever , which was not writ in process to him or them to be levied wherein , the persons of whom , or the lands and tenements out of which , together with the cause for which the same shall be so levied shall be plainly and particularly expressed , but shall be thereof wholly discharged without petition , plea or other trouble or charge whatsoever . this act had in effect discharged the old charges in gross , had not this business been before setled by the order of 1650. but by that order the same thing is done and much more , and put into a very good order . and thus i have done with this ●ntricate argument touching the sheriffs firmes . and the occasion of my strict enquiry into it was , a difference between the auditors and the clerk of the pipe : upon the whole debate whereof , i found onely these matters . 1. that , in truth , the great occasion of complaint was , that the clerks of the pipe used different methods of accompting from the auditors of the revenue , the not observance whereof occasioned a mistaken representation by the auditors that there was a deceit in their accompts , whereas it appeared to be no such thing : for when both accompted their several ways , the issue was that the accompts agreed in the conclusion . 2. that the firme de proficuo comitatus was put out of charge without warrant , and it was thought by the auditors , a great and considerable loss to the crown , supposing that the fees for execution of process and writs were to make up that firme : but this is sufficiently unriddled before . 3. that there was an allowance to the sheriff of bucks of a considerable yearly summ , ut apparatori comitatus : this indeed ought not to be allowed at this day , the reason thereof ceasing as hath been shewed ; and therefore from henceforth that charge is to be disallowed , but the clerk of the pipe not greatly blamable herein , because there was an order of the court in the queens time for making that allowance : but the reason whereupon that order was made was a mistake and an errour in the court not in the clerk that followed the order . 4. that there is no accompt given for the firmes of baylywicks as was anciently ; which indeed , was parcel of the proficuum comitatus , as hath been shewed . but the truth is , there is no great reason for any such complaint ▪ the firmes of baylywicks being taken away by act of parliament , and levy disused in most places . 5. that when a sheriff is in surplusage they make it good unto him out of any other debt by the sheriff himself , or any other sheriff of the same or any other county , without any warrant from my lord treasurer or the court. and besides that , the other sheriff is discharged upon the roll of his debt , and it doth not appear upon what reason . and indeed , this is a thing fit to be reformed , and that such allowances be not made without warrant from the lord treasurer , or order of court , and that an entry or memorandum thereof be made upon the roll of the debts so discharged . but yet , the truth is , this manner of allowance hath been a long time used , and it is no novelty or late attempt , neither is there any great damage to the king by it , for it is but the payment of one real debt with another . but howsoever , this is fit to be reformed by order of the court that the sheriffs deliver not in the roll of the vicontiel as is required by the statute . and it is true , he ought to doe it or should be sworn thereunto . but the necessity is not now so great , because the particular rents are now charged upon the great roll by virtue of the order of 1650 , which doth in a great measure supply that defect , and yet the delivery in of the vicontiel roll may be fit to be revived . the most of the rest of the complaints were touching particulars mischarged , or not charged , but the errours were rather in the complainers than in the pipe , and for want of a clear understanding of those intricate and obscure proceedings of the pipe. and upon a full search of the particulars , i find the clerks of the pipe gave very clear satisfaction therein . upon the whole matter of these accompts , i do observe these two or three observables . i. that the inconvenience of retaining the old formalities of proceedings , the same terms and words , and very same mood of all things in accompts , when the nature of things and times requires a change , and accommodation of new forms or expressions as a piece of hurtfull superstition ; therefore , although the change of forms of this nature is not to be done rashly and precipitantly , yet when the exigence of things requires it , there must be an accommodation to the present use , understanding and exigence of affairs . and hence it is that the accompts of the auditors of the revenue are more easily intelligible as being framed to the use and exigence of the times ; but the accompts of the pipe more mysterious and perplexed , to persons unacquainted with them , for till 10 e. 1. they kept in all things the precise form of writing their great roll , as had been used in king stephen's time . and the same form they kept untill 1650 , abating the alterations made in 10 e. 1. not without great inconvenience to the king's people and sheriffs . ii. that these small rents and vicontiels would be with much more advantage to the king , and be sold off to the several persons and townships chargable therewith , than be kept in method of collection , as now they are , unless some more ready collecting of them by the receivers could be thought upon , provided the money arising by sale be laid out presently in more certain revenue : for , 1. they are in respect of their smallness , and dispersedness , and uncertainty of charge and manner of collecting very subject to be lost , as they have been commonly from time to time . 2. the charge of collecting and accompting for them by the sheriff is very great , and the trouble and charge to the people very much more . 3. the cost and trouble to the king in respect of officers writing and other matters relating thereunto , might be well retrenched thereby . and yet when all is done , it brings a great trouble , and makes a great noise as if it were a revenue of great moment , and yet by that time the sheriffs have done swearing of particulars as illeviable , or that they know not where to charge it , it becomes a very pitifull inconsiderable business , and scarce answering the charge of the collecting , accompting and answering it . for it must be observed that although by the order of 1650 , the charge is more certain than formerly , yet the sheriff hath still by the law the benefit of the statute of 2 and 3 e. 6. even as to those ascertained rents , and if he cannot find them he is , and ought to be discharged upon his oath thereof . and accordingly is daily discharged of many of those rents though rendred much more certain by that order , and the pains and method of the charge and accompt , used in pursuance hereof . whereby in process of time , many , even of these rents particularly charged by virtue of that order , will be successively lost . sed de his curent superiores . finis . notes, typically marginal, from the original text notes for div a44301-e570 dy. 6. & ● ed. 6. ●astal money . 345. davies 24. the rights and authority of the commons of the city of london in their common-hall assembled, particularly in the choice and discharge of their sheriffs, asserted and cleared in answer to the vindication of the lord-mayor, court of aldermen, and common-council. atwood, william, d. 1705? 1695 approx. 165 kb of xml-encoded text transcribed from 15 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-01 (eebo-tcp phase 1). a26181 wing a4180 estc r28315 10521999 ocm 10521999 45191 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online 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 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(eebo-tcp ; phase 1, no. a26181) transcribed from: (early english books online ; image set 45191) images scanned from microfilm: (early english books, 1641-1700 ; 1394:23) the rights and authority of the commons of the city of london in their common-hall assembled, particularly in the choice and discharge of their sheriffs, asserted and cleared in answer to the vindication of the lord-mayor, court of aldermen, and common-council. atwood, william, d. 1705? 28 p. [s.n.], london : 1695. attributed to william atwood by nuc pre-1956 imprints. reproduction of original in the harvard university library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng city of london (england). -court of common council. sheriffs -england -london. london (england) -politics and government. 2006-03 tcp assigned for keying and markup 2006-06 spi global keyed and coded from proquest page images 2006-07 emma (leeson) huber sampled and proofread 2006-07 emma (leeson) huber text and markup reviewed and edited 2006-09 pfs batch review (qc) and xml conversion the rights and authority of the commons of the city of london , in their common-hall assembled , particularly in the choice and discharge of their sheriffs , asserted and cleared . in answer to the vindication of the lord-mayor , court of aldermen , and common-council . london , printed in the year mdcxcv . the rights and authority of the commons of the city of london in their common hall assembled , particularly in the choice and discharge of their sheriffs , asserted and cleared . in answer to the vindication of the lord-mayor , court of aldermen , and common-council . if the present controversy in the city of london be unhappy , and ill-tim'd ; the blame of continuing , if not of raising it , must fall upon that side , which shall appear to have been in the wrong . but since such a contest is begun , in some respects the present time may be thought propitious , for bringing it to a fair decision . for , 1. there is the less danger in it , because it happens chiefly among men united in the same cause and common interest ; who have always stood up for the rights of the city , and are likely to manage the question , who are principally entrusted with the care of its rights , without animosities ; and quietly to submit to authority , or conviction . 2. the learning and integrity of the present judges , and the independency of their places , assure the right side of justice . 3. if it could be imagin'd , that they would be influenc'd by the court : it is an happiness that there is no colour to suspect , that our present ministry should interpose to the prejudice of either's right . and as no prince , who is not truly popular himself , can be pleas'd to have power lodg'd in any great body of his people ; the common hall could not , in any reign but this , since queen elizabeth's , have expected to bring on their cause without great disadvantage . and certain it is , there never was so great a body of men , of more steady loyalty to their prince , than this common hall is to his present majesty king william . yet i cannot but hope , that this controversy may be ended , without recourse to westminster-hall , or the last resort to parliament . for to me it seems , there wants nothing to the quieting the controversy , but the setting it in a true light : which i shall endeavour to do with that faithfulness and impartiality , which becomes a constant servant to truth , and the old english liberties . but i must premise , that tho the author of the pretended modest essay , runs the dispute as high as if the common-council and common-hall , were like rome and carthage ; the sole point now in question is , whether the lord-mayor , and court of aldermen , by themselves , or in conjunction with the common-council , as now composed or acting , have rightful power to discharge any person , whom the citizens assembled in common-hall have chosen sheriff ; and to exempt him , or others , from the service , for a year , or years to come ? bating what relates to the higher controversy , he uses but three topicks to justify the defeating , or vacating the election of the common-hall . i. the resolution of the judges , 40 & 41 eliz. ii. by-laws . iii. custom . every one of which i shall shew to be fully against him : and that both such by-laws and custom , unless of another nature than is or can be pretended , would be absolutely void . i. the resolution of the judges is no more in substance than this ; that tho the choice of officers in cities and towns incorporated by charters , be granted to mayor and commonalty , or the like ; yet antient and usual elections , by a certain select number , are warrantable , by reason of by-laws , made to avoid popular confusions ; by virtue of a power of making by-laws given by the charters . and that tho such by-laws cannot be found , they shall be presum'd : and that this was by common assent , because of such especial manner of antient and continual election . and according to this resolution , the elections are said to have been in the city of london . but since the common-council do not pretend to chuse the sheriffs , otherwise than as part of the common-hall , which has long been in possession of this right ; it is evident , that the resolution of the judges is so far from proving the pretended authority of the common-council , to set aside elections made by the greater body of the city ; that it manifests the illegality of the attempt : since , according to this resolution , the common-hall is , to this purpose at least , not only the fullest , but the truest representative or the body of citizens ; who , according to grotius his distinction , are the common subject of this power , while their representatives assembled in common-hall , are the proper subject by which it is exercised . and if it were admitted , that an authority to make this power useless , or to weary them out of it , were by some by-law given to the common-council as now composed ; or that the custom has so long been on their side , that such a by-law is now to be presumed ; yet it is very evident , that there is nothing to warrant it in that resolution . for besides , that , as i have observed already , it only concerned elections : 1. the case is only of such provisions as have been made , or are presumable to have been made , to avoid popular confusions : which the common-council may , if they please , urge , for the setting aside the usage for elections in common-hall : but then they must consider , that an arbitrary court would be sure to fight them with their own weapon , and , with parity of reason , to set them aside . and i submit it to their calm consideration , whether the indefeazibleness of elections , without the consent of those who made them ; or the defeating them at the pleasure of others , and from time to time requiring a new choice , be the most likely to occasion popular confusions ? 2. the case put is only of corporations by charter , and deriving their power of making by-laws from such charters ; in most , if not all of which , that power is by the charters lodg'd in a select ●umber there appointed . when , as i shall shew , the citizens of london were a body politick , with power of making laws for the welfare of the city ; and had the ●hoice of their portreve , since called mayor , and of the sheriff of their ●ity , by prescription , before they had any charter : which if they had , tho the sheriffwick of middlesex were annex'd to london by charter ; that would fall under the same government , and be subject to an authority independent on any charter ; especially if such annexation has been before time of memory , and confirmed by acts of parliament . and further yet , if it will appear , that no charter to the city of london about making by-laws , appoints any select number for the exercice of this power ; it will if possible be more evident , that the resolution of the judges has nothing to support the authority claim'd by the present common-council . however it must be remember'd , that the resolution says , such especial manner of antient and continual election , could not begin without common assent . since therefore common assent has plac'd the election of sheriffs in the common-hall ; it will lie upon the other side to shew at least the presumption of common assent , to place the discharge in the common-council . and they must not for this urge any act of common-council as authoritative in it self . 2. i do not find that the vindicator pretends , that the custom for the mayor and aldermen by themselves , or in conjunction with the common-council , to discharge a person chosen sheriff by the common-hall , is so antient , that a by-law to warrant it , made by the common-council as now acting , much less by the common-hall , is to be presumed . but he insists upon positive by-laws made in the common-council , for their excusing any persons duly chosen , by admitting them to fine for one year . this he supposes to have been established by several acts of common-council , one of which he pretends to have transcribed . but certainly no act ever began with [ and ] as his transcript does : and it is visible , that what he gives as the whole act , 7 c. 1. is very lame and imperfect . had he publish'd the beginning of it , the pretence of more acts of common-council than that one , unless they be of very late and suspected date , must have vanish'd . for tho , as may appear by comparing it with former acts , it makes in great measure the same provisions , and uses almost the same words with some of them , only altering the penalties , and values of estates requir'd for a qualification , with some other necessary circumstances ; yet it in express terms repeals all former acts made upon that subject . the substance of what he is pleas'd to communicate , is this ; if any freeman of the city , being duly chosen sheriff , shall not personally appear before the mayor and aldermen , at their next court , unless he have such reasonable excuce as the mayor and greater part of the aldermen then present shall allow ; and there enter into bond to take the office upon him in common-hall , on michaelmass eve ; or shall openly refuse ; he shall forfeit as is there provided ; unless he shall be duly discharged for want ☞ or defect of ability in wealth ; and shall nevertheless remain eligible yearly afterwards , as if he had never been chosen . upon thus much of the order it is observable ; 1. that the excuce to be allowed by the lord-mayor and aldermen , is not for not taking the office upon him ; but for not attending at the next court-day ; and not entring into bond before-hand , to oblige himself to take the office upon him in common-hall . now it is probable , that men may have been out of town , or detain'd by sickness , or necessary affairs , which hindred them from engaging at the next court-day to take the office ; and yet they might appear in common-hall time enough to enter upon it . and therefore the court of aldermen might be judges of the reasonableness of the excuce , for not engaging before-hand ; or at least not so soon as the order in strictness requires : and yet there would be no consequence from thence , that it is in their power totally to excuse from holding . further yet it will appear , that this of entring into bond , was an additional provision made 34 eliz. and repeated 7 car. 1. beyond what was in any former order ; nor was there any custom in the city for entering into such bond. this therefore being a creature of common-council , might be left to the discretions of the mayor and aldermen , without the least prejudice to the right of the common-hall . 2. the excuce of which the mayor and aldermen are made judges , is only such as is reasonable ; so that their discretion is a legal discretion : and if the excuce be for not holding the office , it is evident that no excuce for that is to be allowed , unless it be want of sufficient estate ; in which case , only , the party is dischargable by the words of that order . 3. paying a penalty is not properly any excuce . 4. he is to be discharged duly ; the order does not mention by whom : but this , as it will appear , ought to be by the common-hall ; either in express terms , or by implication , in their proceeding to a new choice . but for what time the discharge shall be , will , notwithstanding that order , be absolutely at the discretion of the common-hall . some would infer from the words , [ be shall be yearly eligible ] that the person who is excused by the mayor and aldermen on paying his fine , shall not be eligible till another year . whereas , 1. it must be remembred , that the excuce of which they are made the judges , is not from holding ; but tho he should hold , he is subject to the penalty , if he does not in due time oblige himself to hold . 2. the [ yearly eligible ] may be in every year after that order , when the penalty should happen to be incurred . accordingly , the order speaks only of the discharge of persons to be chosen ; and without such an interpretation as this of [ yearly ] , could not be taken to extend to persons actually chosen . or else it may be for every year following his default : according to the usual entries , that such a man was chosen sheriff for the year ensuing . besides , by the express words , the party is eligible , as if he had never been chosen : and therefore he must remain eligible , as if he had never paid his fine ; which follows the choice . this will be yet more evident , if we compare this with the act of common-council , 19 h. 8. repeated in substance by that 34 eliz. with only necessary alterations ; and by this 7 car. 1. for it will appear to have been the intention of this , as well as of former orders , as indeed it is of most laws , to oblige men to their duty by exacting the penalty : not to take the penalty to excuse from their duty ; much less thereby to exempt from penalties , when the offence shall be repeated . and it is observable , that the order , 19 h. 8. has not the word [ yearly ] , which gives colour to a dispute ; it declaring , that such person shall be eligible , notwithstanding his paying the penalty . 3. if there had been any intention of exempting the offender for a year , upon suffering the penalty ; it would certainly have been in the negative , that he should not be eligible till the next year . which , indeed , would have been no very wise provision ; and , as will appear , directly contrary to the preamble , and declar'd intention of that very order . but for certain , whatever power may have been entrusted with the common-council ; they cannot , according to the known rule of law , set aside the city's common law-right of chusing any person capacitated for the service , without a clause in the negative ; that is to say , that they shall not chuse a person , discharg'd by the mayor , aldermen , and common-council , upon paying his fine , till another year . tho , as it will appear , it signifies nothing to the merits of the cause , what the mayor , aldermen , and common-council have done , for drawing to themselves jurisdiction or authority from a greater and higher court in being , and full exercice of authority , and of which they make but a small part ; yet what is call'd argumentum ad hominem , is never to be neglected . for to prove , that those very arguments in which men place their strength , make directly against them , is to disarm , if not convince them . to this end it may be of service to shew , what provisions had formerly been made in this matter : and what has been omitted by the vindicator , out of the order 7 c. 1. agreeing with those former provisions . in the 24 th of e. 3. a publick act or ordinance had been made , which taking notice , that many sufficient persons us'd to absent themselves out of the city to avoid the office of sheriff ; by means whereof persons less sufficient were chosen thro their default ; to the great mischief of them , and to the desolation of the city ; and so following to the great jeopardy of the franchises of the same : disfranchises such absenters , and allows of no excuce , unless they swear with six vouchers , that they did not absent themselves for that purpose . this was manifestly made in common-hall : for one evidence of which it is to be observ●d , that it was on the feast of st. matthew , which had been the usual day for such elections , till the day was altered 19 h. 8. and it is observable , that tho the common-council 19 h. 8. as some would think , to colour their authority to alter the day and penalty ; say it was ordain'd and establish'd by the mayor , aldermen , and commons , in their common-council , 24 e. 3. yet it is plain it was the common-council of all those who assembled at that day for the election . and the common-council , 18 h. 8. voting that antient act to be put in execution in the case of one hynde , and of all other such offenders ; calls it , according to the stile it had at the making , an ordinance made by walter turk mayor , simon franceys , and others , [ with the assent of the whole city ] . it will further appear , that whatever councils may , before the time of that old act , have been summon'd to particular purposes ; no common-council separate from them that used to assemble in the common-hall , was ever settled as a standing council , of any considerable authority , before that time . this publick act of the whole city , having therefore absolutely required all sufficient persons chosen sheriffs to serve , upon pain of disfranchisement ; and allowing of no excuce but insufficiency in estate ; all acts of common-council allowing any less or other court , to discharge sufficient persons chosen , or to exempt 'em from being chosen , must be void in themselves : and , according to what the city has declared in its fullest authority , is the assuming a power , not only to injure those persons , who thro the default of others , serve before their turn : which is a stretch beyond the exercice of a dispensing power by the most arbitrary of our kings : but as it tends to the desolation of the city , and hazards the loss of its franchises ; is beyond , and contrary to , any power that they can pretend to for the making by-laws : which can be only for the benefit of the city . but , in truth it will appear , that common-councils after this solemn declaration of the sense of the city , only took care to inforce the substance of what was then enacted ; expressing what shall be adjudged sufficiency ; and making other penalties more likely to be effectual , than the bugbear of disfranchisement , can be with a wealthy citizen , who is above his trade , or any need of the privileges of the city . wherefore the common-council , 19 h. 8. having alter'd the day of election to a more convenient day than the feast of st. matthew ; which was too near the day on which sheriffs were to be presented at the exchequer , making almost the same recital with the act 24 e. 3. provides , that if the person chosen shall make default , he shall pay 200 l. to the vse of the commonalty of the city ; 100 l. of which shall be given to him who next serves thro his default . but expresly declares , that every person so making default , at all times be eligible unto the said room and office of sheriffwick ; the said former act , or any ☞ thing therein contained to the contrary , [ or the paiment of the said 200 l. for such default , notwithstanding ] . thus the by-laws in this matter stood , till 13 eliz. when an order of common-council was made , expresly affirming , or confirming , all former acts of common-council , and decrees of court , herein . where decrees of court may well be taken to include the decrees of the common-hall pronounc'd on the hustings ; and consequently that 24 e. 3. as to the requiring persons chosen to hold , without any excuce but insufficiency , stands affirm'd 13 eliz. that of the 13 th of eliz. continued the same penalty as 19 h. 8. but made nothing under 2000 l. to be a sufficient qualification : yet that , as well as the order 19 h. 8. stood in need of some amendment . wherefore 34 eliz. it was prudently provided , 1. that the day of election being within too few days of the time for presenting the sheriffs at the exchequer , should be put back to the 24 th of june . 2. there being no sufficient means of securing the city before-hand , that they might depend on a person 's standing ; a bond was required for that purpose . 3. the penalty proving over-mild , it was rais'd from 200 l. to 400 marks ; and if the person chosen were an alderman , to 600 marks . 4. it was not express'd , 19 h. 8. what estate should qualify a person for the service ; and the qualification required 13 eliz. became insufficient ; wherefore the order , 34 eliz. requir'd 5000 l. upon these accounts it repeal'd all former orders about this matter ; that a more effectual one might take place . but then it must be agreed , that till the 34 th of eliz. there was no manner of colour to imagine , that paying a fine could discharge any man without consent of the common-hall . and as it has appeared already , that 7 car. 1. made no alteration herein , or plac'd any power of discharging or exempting , where it had not been before : neither did that 37 eliz. which that 7 c. 1. transcribes as to this matter . but notwithstanding the requisite alterations made 34 eliz. the expensiveness of shrievalties , and mens backwardness to hold , occasioned the provision , 7 car. 1. which has given ground , tho no true colour , for the present dispute . that act repeals all former acts of common-council : but does not pretend to repeal any act of common-hall . so that all the obligation which lay upon citizens to be concluded by their own consent , publickly , and solemnly declared , 24 e. 3. still remains unshaken . nor does the act , 7 c. 1. repeal former acts of common-council , as too severely keeping men to their duty : but , [ for that the same have not taken so good effect as might be wished ; by reason that the penalties and forfeitures therein contained , have been over-mil'd : and thereby his majesty's services have been in danger of prejudice ; and the good citizens of this city , by reason of the often refusals of the said office of shrievalty , have been much troubled and disquieted . the better to secure good sheriffs , it appoints the day of election to be the 24 th of june . and that no freeman of the said city , so to be chosen or elected as aforesaid , shall be exempted from the execution of the said office of shrievalty , by supposition , or excuce of defect or insufficiency of wealth ; [ except ] he will voluntarily take his corporal oath , before the mayor , and greater part of the aldermen , in open court of lord-mayor , and aldermen for the time being ; that he then is not of the value of ten thousand pounds , &c. now considering how the former provisions were , this is as much as if it said , whereas according to former by-laws , no sufficient person is to be discharged or exempted from holding sheriff ; and what was sufficiency then , is not so now ; but the penalties upon sufficient persons were over-mil'd : therefore every sufficient person chosen shall serve , upoin pain of forfeiting the sum of 600 marks , if an alderman , and 400 l. if a commoner : unless he can swear , as is hereby required . wherefore , according to the plain scope and meaning of this order , and which , indeed , is expressed in that very part which the vindicator uses , no man is to be discharged , or exempted , but for insufficiency in estate . but however that order were ; it is evident , that the act of common-hall , 24 e. 3. is far from being antiquated or repealed : and is of force as to the obligation , which the body of the city laid upon every individual person of the city , and upon all inferiour courts or councils : and if the penalty be duly taken away , that will not weaken the sanction of such a declaratory law. and surely no man can say , that because of this alteration , the exempting or discharging a sufficient person from being sheriff , will not be to the prejudice of less sufficient persons , who shall be oblig'd to serve before their turn : or that it will not tend to the desolation of the city , and to the hazard of its franchises . as i take it , all the citizens are precluded by this act from saying otherwise , than themselves did so long since by their predecessors ; and yet speak in this their standing law. iii. i come now to consider how the custom has been : which , by what has already appeared , could not signify much , if it were contrary to these by-laws ; and yet , as i shall shew , that is quite otherwise than the vindicator would seem to believe . in the * 18 th edw. ii. one john causton had been chosen sheriff at the usual time , he not appearing ‖ whether upon personal notice by order of the common-hall , or upon a proclamation , is uncertain ; the aldermen and commons were summon'd to be at guildhall the michaelmas day next following : on which day causton was * disfranchised , and put out of his aldermanship . and one alan gill was chosen sheriff , and sworn : afterwards , at the hustings holden on monday next after the feast of simon and jude , causton came and put ‖ himself upon the mercy of the mayor , aldermen [ and commonalty ] and begg'd to be restored to his former estate , proffering to take the shrievalty upon him . the * mayor , aldermen [ and commons ] having the same day consulted together ; and respect being had to the impotency or insufficiency of gill ; causton was admitted to his former state , and sworn sheriff : after which he was accepted , and sworn at westminster . observe , 1. here was a disfranchisement by common hall , before any act of other common council was made in the matter : and indeed , as it will appear , before there was any other common council ; or any authority to make by-laws given or confirmed to the city by any charter . 2. the common hall restores a man who had been disfranchised . 3. it discharges a man who had been actually sworn sheriff . to come to times after the supposed settlement of the present common-council , and of the livery common-hall . in the 18 th hen. 8. one thomas hinde was chosen sheriff by the common hall : he not appearing , his default was recorded ; and the mayor directed the persons that were of the common council of the city , to resort up to their place accustomed , there to hold a common council ; and that all others should abide within the hall. in that common council the ordinance above-mentioned 24 edw. 3. was read , and agreed to be put in execution . hynde not yet appearing ; it was shewn to the commons by the common clerk , in the recorder's absence , that inasmuch as the city was destitute of a sheriff ; and also in consideration , that the day of presenting the sheriff at the exchequer drew near , they should immediately proceed to a new election . then the commons chose simon rice on a saturday . the day for presenting the sheriffs being the next monday , the commons were appointed to meet on the sunday . but rice not being to be found , such persons as were of the common-council were again ordered to resort up to their place accustomed to council ; where it was ordered , that every citizen who had dep●●●ed out of the city since the friday before , should forfeit 20 l. thereupon the commons being ordered to proceed to another election , chose william robins : who appearing before the lord mayor , aldermen , and commons , swore , [ before them all ] that he was not worth 1000 marks ; upon which oath he was immediately clearly dismissed . the commons being again commanded by the mayor to proceed to a new election ; the mayor and aldermen returned to the great chamber ; in whose absence the commons chose mr. william lok : who making humble supplication to the mayor , aldermen [ and commons ] shewed them , that considering his youth and great charges , he was nothing apt nor liable to take the office upon him : which mayor , aldermen [ and commons ] having pity and compassion of the said mr. william lok , upon his said declaration , clearly discharged him for that time , without making of any oath . the commons being commanded to proceed to a new election , the mayor and aldermen withdrew as before , and the commons chose mr. nicholas lamberd , who was sworn sheriff . at this time it is evident , beyond contradiction , that though the lord mayor gave the rule , as chief in the common-hall ; and he , with the common-council in the council-chamber , set the penalty upon absenters ; the discharge of the persons chosen was in the common-hall , and the act of the common hall. within three years after this the authority of the common-hall in this matter , exclusive of all other powers , is asserted in a very remarkable instance . they having chosen sheriff one mr. ralph rowlet , an officer in the royal mint ; the king wrote to the mayor and citizens , shewing that mr. rowlet was occupied in the charge of the mint ; and therefore will'd them , having knowledg of his privilege , no farther to inquiet him , but to proceed to a new choice . whereupon it was ordered , decreed and determined , by the mayor , aldermen , and commons , that the persons there named should repair to the king in the name of the mayor , aldermen , and citizens , in their most humble manner to beseech him , that the liberties , customs and franchises of the city , by his most noble progenitors granted to the same , and by his highness ratified and confirmed , may stand , and be in their strength and virtue , concerning the said ralph rowlet ; that he may take upon him the said room of sheriffwick , according to the effect of the same . the persons so deputed having attended the king , returned with a second letter ; directed , to our trusty and right well beloved the mayor of our city of london ; and our trusty and well beloved the aldermen , citizens , and commons of the same . wherein , as he says , tendering the entire conservation , and maintenance , of the liberties and privileges of the city ; and seeing that his learned councel were absent ; for which cause he was in suspence and doubt , whether his letters patent to rowlet were of such force , that by virtue of the same he ought to be discharged ; he desires them to proceed to the election of some other person , [ so to discharge ] the said ralph rowlet : not in contemplation of the said letters patent , but of those presents , being only of request . whereupon it was agreed , by the said mayor , and aldermen , that a common-council should be warned against the vigil of st. michael the arch-angel , concerning the same : and [ to their advyses ] in the premises . the common-council meeting , it was then and there agreed , according to the tenor , and effect , of the said letter . it must be own'd , that in the entries of the common-council there are these words ; it is agreed , that the said ralph rowlet shall be discharged of the said office for this time only : and that thereupon the commons proceed to a new election . where they do not pretend actually to discharge him , but agree that he shall be discharged : which shews , that the discharge was to be in the place where another was to be chosen : and they only advised this , or recommended it , to the common-hall . that this was only by way of advice appears farther ; not only by the declared end for which they were summon'd ; but by what follows the former part of the journal ; which , after mentioning what was done in common-council , has these words ; and then immediately , the said letter was openly read in the guild-hall aforesaid , [ to all the commons in their liveries , then and there assembled . ] and in like manner were agreed , in manner and form as the said common-council had agreed and granted . and thereupon , the said mayor , aldermen , and commons , by one assent , and consent , proceeded to the election of a new sheriff , in the stead and place of the said mr. rowlet . here 't is observable , 1. that it was held and declared , whether by the common-hall , or ordinary common-council , it matters not ; that the king's prerogative to require the service of his subjects , could not defeat the right of the city , to employ its citizens : tho' the king had exercised his prerogative , before the city had applied that right to the particular person . 2. that the king did not think it in the power of the mayor , and aldermen , or any other body of men , without the commons , to discharge the person chosen . 3. that he suppos'd the choice of another person , to amount to the discharge of the first . 4. that tho' the common-council among themselves agree , that the person shall be discharged ; they did not insist upon this order or vote , as conclusive to the common-hall . but caus'd the king's letter to be read in common-hall . where all agreed in manner and form as the common-council had done before : that is , they agreed to discharge the party . so that the agreement of the common-council was but matter of advice , or a probationary order ; which wanted the placet , or fiat , of the commons . the next case which i find to this point , is that of richmond , 33 h. viii . in which , as i am informed , the asserters of the authority of the common-council much triumph : and yet it will prove to have been the effect of a strong prepossession ; or of not attending to those governing passages and expressions , which will fully explain what may seem doubtful in this , or other entries of the like kind . richmond having been chosen by the common-hall , and his election certified to the mayor , and aldermen , in the utter chamber of guild-hall ; the mayor , and aldermen , are there said lovingly to have confirmed and allowed the same . after this , the lord-mayor , and his brethren the aldermen , returning [ into the hall ] richmond came up unto the lord-mayor , and his brethren the aldermen , and [ then ] and [ there ] made right humble and hearty suit , petition , and request , both [ unto them ] and [ unto the whole commons there present ] that , forasmuch as he had not sufficient estate , it might please [ them all ] to be so good lord and maisters unto him , and to discharge him thereof again . notwithstanding his allegations and reasons for his excuse and discharge , because it seemed [ unto them ] that he was a man very meet and hable for the same , his said petition and request would not , nor was not granted unto him . he proffer'd his oath , that he was not worth 1000 marks : but the mayor , aldermen , and council of the city answer'd , that such oath was not sufficient without six vouchers , according to the late act of common-council . however , he swore to his insufficiency , before the mayor , aldermen , and [ commons ; ] whereupon , forasmuch as his own othe did not discharge him , according to the laws and usages of the said city , of and from the said office ; but that he stood still , and remained chargeable to the same , and expresly refused , and denied there openly to take it upon him , and to meddle withal ; he was sent to ward for his disobedience , and obstinacy , by the whole court [ and consent of the commons ] there assembled . after this , he was several times brought in custody before the mayor , and aldermen , and as often remanded ; till at last he agreed to pay 200 l. to the use of the city , for his discharge ; and gave bond for the money . thereupon he was discharged from his imprisonment . then the mayor , aldermen , common-council , and [ other the commoners assembled at guild-hall , for the discharging of the said richmond ] of and from the said office , and for the election of another . whereupon , great part of the premises , and the circumstances of the same , by mr. recorder , first to the common-council , and afterwards [ to the commons aforesaid ] [ then ] and [ there ] being substantially , discreetly , and prudently , published and declared [ at length ] the same mr. richmond was [ then ] and [ there ] by the said mayor , aldermen , and [ common-counsail there holden ] clearly discharged for that time only , of and from the said office , for his said fine . here they will take no notice of what was transacted in the first common-hall ; where richmond petition'd [ the whole commons ] as well as the mayor , and aldermen , for a discharge , which he could not then obtain ; and further , the commons agreed , that he should be committed to prison : wherein they , with the mayor and aldermen , acted as a court of justice , and common-council . if the council of the city , which urg'd an act of common-council , were the common-council it self ; then it is evident , that they acted there but as of counsel or advice to the common-hall ; in which that entry places the authority of discharging . if they were the cities counsel at law who mention'd this ; then the common-council had no share in any part of that transaction , otherwise than as part of the common-council in common-hall assembled , who consented to the committing richmond . still some will hang upon that part of the entry concerning the second common-hall , where richmond is said to be discharged by the said common-counsail there holden . when it manifestly was the very same body of men , to whom he petitioned for a discharge , which he could not then obtain ; and by whose consent he was committed to prison for his disobedience and obstinacy . to give colour to their sense , they must have it , that tho' richmond sued to the mayor , aldermen , common-council , and common ; who would not then discharge him ; and tho' , after he had fined all met to discharge him , and chuse another ; yet the commons met only to chuse another ; and the mayor , aldermen , and common-council , to discharge him . and tho' the discharge is plainly shewn to have been in common-hall , where the common-council cannot pretend to act as a council , with authority ; and that [ at length ] after the commons , as well as the common-council , had been applied to by the recorder ; yet they must fansie , that the common-council withdrew out of the common-hall , and went up to the council-chamber , to make a particular order for his discharge . of which there is not the least mention or intimation , in relation to that second common-hall . but , as this is meer imagination , not only without ground , but directly contrary to the careful and solemn entry of the proceedings , from the beginning to the end ; it is evident , that the common-council was but part of the common-counsail , there holden , consisting of mayor , aldermen , common-council , and other commoners . farther yet , if it should appear by other evidences , as i make no doubt but it will , that the commons of the city , with their officers , and council , assembled in their common-hall , or other folk-mote , in their own persons , or by representation ; have , from long before the reputed conquest to this day , been and continued the common-council of the city ; and that the common-hall , wherein richmond was discharged from serving sheriff , was a true representative of all the commons ; it will be certain that all together were properly called a common-counsail . and if the common-hall , as now compos'd , be the same with that which discharg'd richmond ; it will also follow , that the right of discharging belongs to this common-hall : and that it is the true common-counsail , or rather council , of the city . take all the precedents together , as they strengthen and give light to one another ; and , i think , there can be no question , but they will so explain and govern following orders of common-council , that not one of them shall be taken as a precedent to the contrary : unless it can be shewn , that the person discharged by the common-council , has been look'd upon in law as duly discharged ; before the commons have allowed of the discharge , by proceeding to a new choice ; and even tho' they absolutely refus'd to chuse again . however , lest it should be thought , that all the entries since the reign of h. viii . to 7 car. i. ( when the order was made on which the vindicator lays his chief stress ) are on the side of the common-council ; i shall give the words of the journal of the common-hall , 1 eliz. which may govern all the entries to 7 car. i. common hall. in congregatione majoris , aldror ' & communitatis , civitatis lond ' apud cuihalde , xxi die sept ' anno reg ' dnae eliz. dei grat ' ang ' franciae & hiberniae reg ' fidei defensor ' &c. primo . forasmuch , as mr. walter jobson , citizen and cloth-worker of the said city of london , who was lawfully elect and chosen the 11th day of august last past , by the commons of this city , one of the sheriffs of the same city , and of the county of middlesex , for the year next ensuing after the feast of st. michael the arch-angel now next ensuing ; hath since that time signified and given sufficient knowledge unto my said lord-mayor , and aldermen ; that he , by reason of sickness and debility of body , wherewith he a long time hath been and yet is fore vexed , detain'd , and troubled ; as he saith , is not in any wise able , to take upon him the exercice and execution of the same office accordingly . in consideration whereof [ the said commons ] have this day eftsoons assembled for the election of one other able and sufficient person , to bear and exercise the said room and office of shrievalty for the said time , in the stead a●d place of the said mr. jobson ; did this day elect and chuse mr. roger martin , alderman , one of the sheriffs of the said city and county of middlesex , to have , occupy and exercise the said office of shrievalty , from the feast of st. michael the arch-angel now next coming , unto the feast of st. michael the arch-angel then next ensuing , acc●rding to the ancient custom of this city in that behalf . here observe ; 1. that in the first of eliz. the common-hall was a court which kept the journals of its proceedings . 2. that the matter of which the mayor and aldermen had taken cognizance , was not within any by-law : so that they could not pretend to any authority to discharge . nor is it said that the party was discharged , tho' they were satisfied that he was not able to hold . wherefore this matter represented to the common-hall , could be no more than as the opinion , and advice , of the mayor and aldermen . 3. accordingly , the common-hall takes the matter into consideration : for they , being assembled for the election of another , did elect , in consideration of the matter represented to them in common-hall . 4. to put this matter beyond controversie , it is observable , that no common-council was held upon this occasion ; and there is no colour of authority , or ancient usage pretended , for the mayor and aldermen to discharge without the consent of the common-council . therefore mr. jobson must have been discharged by the common-hall , or otherwise he continued sheriff ; which , 't is certain he did not . 5. no other discharge of the party is mentioned , or implied , than the common-hall's proceeding to a new choice . and if in any following instances they have proceeded to new elections , upon such inducements as they had at the respective times , whether upon taking fines , or otherwise , the entries of clerks can be no prejudice to their right so manifest upon many entries in the common-hall journals . according to what is said in slade's * case , the returns of sheriffs , or entries of clerks , without challenge of the party , or consideration of the court , being contrary to common law , and reason , are not allowable . and therefore , whatever may have been entred in the books of the common-council , it shall not be suppos'd that the common-hall ever admitted any man to have been discharg'd , till they had actually consented to it ; or did it virtually , in chusing another in his stead . and the same may be applied to exemptions , of which i will admit there are some instances to be found in the books of the common-council . 4 th . that no man was ever duly discharged or exempted , till there was the consent of the common-hall , may sufficiently appear by what i have shewn of the by-laws and custom in this matter . and yet if both favour'd the mayor , aldermen , and common-council , i shall make it evident , that they would be void in law. to which purpose i shall shew , 1. that the exempting a person from being chosen sheriff within the city of london , and the discharging or amoving one chosen , is contrary to the common-law right of the electors . 2. that it is contrary to their charters , confirm'd by parliaments . 3. that magna charta , and other acts of parliament , declaratory of the common-law , have so vested the exemption and discharge in the electors ; that if their free consent out of parliament might divest them of it ; for certain nothing less can . 4. that they have never parted with , or quitted it : yet if they had , are restor'd to their right by his present majesty's gracious act of restitution . a canon of waltham having , in the reign of h. 6. been arrested by a serjeant of the city , in the close of st. martin le grand ; the legality of it coming in question , because of the pretended privilege of that place , granted by w. 1. there called conqueror . the mayor , and citizens justify , and say , all the close is and ought to be , and of all time beyond memory of man was , of and in the liberty and jurisdiction of the said city : for the verifying which they say and shew , divers reasons and evidences . first , they say , that the said city is , and beyond memory of man was , the capital city of the whole kingdom of england , before the rest of the cities and towns of the same , adorn'd as well with honours , as liberties ; and very many free customs of divers kinds : for it was founded of old by the famous progenitors of our lord the king that now is , after the likeness , and manner , and in memory of antient troy the great : and from hence was long called trinovant . which city , in the time of st. edward , king and confessor , and [ of all time before ] was of it self , and in it self [ one sole and entire county ] , and one sole and entire jurisdiction and liberty , [ held at farm by the said citizens and their predecessors ] of the said king and his predecessors . and the same citizens then , and from all the time aforesaid , by reason of their said jurisdiction and liberty , have among other , such liberties and free customs : to wit , to chuse and make of themselves , every year , certain principal officers in the said ●●●y , who may faithfully answer the king of the said farm , and immediately under him , the people of the said city , and others resorting to the same , in peace and justice according to its antient laws and customs , to rule . and also they could , ought , and for all the times aforesaid , us'd to make other ministers under them , in aid of the sustaining and 〈◊〉 ●●ising the premisses : so that all the said time , no summons , attachment , distress , or execution , ought , or us'd to be made , in the place where the said close now is , nor elsewhere in any part of the city ; unless by the officers and ministers aforesaid , except on their failure . and they say , that the said lord william the conqueror , before the foundation of the church aforesaid , and the making the said charter , of which before was mention , by the authority of his parliament ; and by two charters which the said mayor and city here proffer : to wit , by one of them demised to the citizens of london , the whole said city and county , with all its appendences , things , and customs , to them in any manner appertaining . and by the other he granted , and by the authority aforesaid confirm'd , to the same citizens , and their successors , that they should have the said , and all other their liberties and free customs unhurt , which they had in the time of the said holy king edward his progenitor : and that they should peaceably use and enjoy them , &c. and , speaking of other kings , his successors , which kings severally , some by their charters , and some by their charters and the authority of divers their parliaments , granted and confirmed , to the said citizens and their successors , all the said city and county , with all the rights , jurisdictions , liberties , and free customs before-mentioned , with their appurtenances whatsoever [ in fee farm ] . indeed , i find no judgment upon this , but it seems the plea quieted the dispute . that the plea was rightly founded , may appear from two considerable authorities , not to name more . 1. the * confessor's law ( received and sworn to by wil. 1. more than once ) out of which the passage concerning the antiquity of the city , and its being founded in imitation and in memory of old troy , is transcribed : that law derives the city's laws , rights , liberties , and royal customs , from its first foundation ; and says it has preserved them with an entire inviolability ; and consequently affirms those laws , rights , liberties , and royal customs , to have been at common law before any charter . a † charter passed in parliament 1 e. 3. and at the request of the city , express'd by the recorder , ‖ enrolled in the king's-bench soon after . this charter , mentioning the great charter's confirmation of all the city's antient liberties and customs , adds , that at the making of that charter , and in the times of edward king and confessor , and of william the conqueror , and other e. 3 d's progenitors , the said citizens had divers liberties and customs , as well by charters of kings , as without , of antient custom : where the custom is laid from before the reputed conquest . and thus their plea above , which i find likewise pleaded or prepared , * 25 h. 8. is in effect warranted by act of parliament . it appears that the charter to st. martins , which occasioned this plea , was granted 2 will. 1. and that in parliament , for it was at the queen●s coronation , which , as appears ‖ by the old rituals and histories , could not then be without the consent of the states : though in the charter to be seen in the tower by inspeximus , there are words exempting the place from all secular jurisdiction ; yet the whole county of london being the city's farm , jurisdiction in every part of it was such an incident as could not be taken away by general words in an act of parliament : according to a case , * 2 e. 3. wherein it was adjudged , that though the stat. of westminster gave an attaint against a jury for a false verdict ; an attaint would not lie upon a verdict in the city of london , because of the credit the oaths of a city-jury had by prescription before the statute . since therefore the county of london is the city's farm , and of such a nature , that what belongs to the farm is not separable by the general words of an act of parliament ; neither will the discharging the sheriffs otherwise than at the pleasure of the electors , that is , of the city duly represented , at least for that purpose , be to be taken from the electors by a less authority than a parliament : and if a parliament cannot do it by general or doubtful words , much less can any others . but to evince that the discharging or amoving is incident to the right of the election , i must observe , that in other counties , which are not of fee , though the choice of sheriffs was at common law in the freeholders of the counties , yet the sheriffs had their commissions and authority from the king. and as they have their several bailywicks under them , they were and are the king's bailiffs of the whole county ; which in many records is stiled their † balliva or bailywick . and though ordinarily the king constitutes them his bailiffs for a year , they at common law were amoveable at his pleasure . but as the county of london is the city's farm , it is the sheriff's bailywick under the city , whose election and confirmation constitutes him sheriff , without any commission from the king. and because the city is answerable to the king , if the sheriff be not able , ( though not for his crimes , which several charters provide against ) the sheriffs used antiently to find ‖ sureties to indempnify the city . the sheriffs therefore being but bailiffs to the electors , in the nature of the thing , are amoveable or dischargeable by them ; and consequently by them only : unless we suppose two supreme powers within the city ; which , according to * grotius's argument against the plurality of gods , are absolutely inconsistent . 2. if there were any question , whether the discharging sheriffs at common law belongs to the electors ; charters confirm'd by parliament put it beyond dispute . in a charter † 1 joh. after the confirmation of the sherifwick of london and middlesex , with all the customs and things to the sherifwick belonging , at the rent of 300 l. per annum , with a special saving to the citizens of london of all their liberties and free customs ; it adds , moreover , we have granted to the citizens of london , that they from among themselves may make sheriffs whom they will , and amove them when they will. this is not only confirm'd in general by that king 's great charter at * runny-mead , or redden-mead , and by h. third 's great charter , under the cities liberties , and free customs ; but by the express words of a charter , 11 h. iii. and by two acts of parliament at the least ; one 1 , the other 7 of r. ii. in the first of which this is preserv'd , ‖ among other rights , tho' not us'd : and in the later , tho' not us'd , or abus'd . and all of them are repeated and confirm'd † , 2 e. iv. and that of 7 r. ii. is exemplified under the broad-seal * , 8 j. i. it is observable , that the managing part of the city took care to leave the parliamentary confirmations of this , and other clauses ; which , possibly , they thought too much to favour the commonalty , out of the confirmation of their charter , 16 c. ii. however , the acts of parliament stood in no need of confirmation ; and the late exemplification , of the most considerable of them , confirming the rest , removes the pretence of their being antiquated , or lost , by any supposed disuse . and , besides what i have mentioned , according to the cities plea to the quo warranto in michaelmas-term , 1681. the entire benefit of these charters , in this point , was confirm'd , 5 h. viii . 2 e. vi. 1 mar. 4 eliz. 6. j. i. 14 c. i. to which , not to mention others , i may add the statute , ‖ 7 h. iv. which , after providing that holy church , the lords-spiritual , and temporal , and all the cities and burghs , have , and enjoy , all their liberties and franchises before that time granted ; adds , and that the great charter , and the charter of the forest , and all the ordinances and statutes made in the time of our sovereign lord the king , and in the time of his progenitors , [ not repealed ] be firmly holden and kept , and duly executed , in all points . it may be material here , to shew how the law , as to the cities liberty and franchise , for the chusing and amoving sheriffs , was taken in the next reign after the making that statute . in the 6th of h v. a sheriff dying in his shrievalty , the mayor , aldermen , and the more sufficient of the commons , that is , as will afterwards appear , the livery-men , were summon'd † before the king in council , to shew their right to chuse , upon the death of a sheriff . they appearing , answer by the recorder , that , ‖ among other , the libertus granted to the citizens of london , and ratified in divers parliaments , it is con●●i●ed , that the citizens of london may make sheriffs of themselves , as often as they will , and amove them when they will. by reason of which liberty they say that often hitherto , after they have chosen sheriffs from among themselves , who have behaved themselves ill , or died , as it now happened , they have chosen others in their stead . this plea was then allowed by the counsel , or before the king in council , where such matters us'd to be determin'd . and it was said to the mayor and commons , that they should use as they had done hitherto . where the chusers and amovers are agreed to be the same : and that these were the mayor and aldermen , with the more sufficient of the commons . and , if it will appear , that these were the livery-men ; here is a judgment of that time , that , according to the charters confirm'd by acts of parliament , the chusing , and amoving , or discharging of sheriffs , belongs to the livery-men , and , consequently , to none besides . if the above-mentioned charters and acts of parliament , in affirmance , as i have shewn , of the common-law , are not enough to preserve the cities right of amoving , or discharging sheriffs , as well as chusing them ; and if they may not chuse persons exempted by order of a common-council , as well as others ; it is in vain to talk of such a thing as legal rights : for none can be more firmly and plainly established . if it be said , that the city has this , but not the citizens which meet in common-hall : it may as well be said , that they are not the electors in any case ; for whoever are , by law , the electors , have right to disallow exemptions by others , even by the king himself , as in rowlet's case ; and to amove , or discharge , in as full a manner as they have the chusing . farther yet , whatever is inconsistent with an undoubted right , is absolutely void ; but for the common-council to discharge a person whom the common-hall and they themselves as part did chuse by an undoubted right , is inconsistent , as it makes the right useless ; and therefore such a discharge must be void . and the same will hold against exemptions ; and indeed , if others may exempt , they cannot chuse whom they will. in either case they are defeated of what the common-law and charters , confirmed in parliament , vested in ' em . 3. since therefore , they remain the electors , it will be a great question , whether they could barr themselves , or succeeding common-halls , from a right so incident , and annexed to the election , as the amoving , or discharging , a person chosen sheriff ; or exempting persons being chosen ; according to the notion of sir robert filmer , and others , of supreme power ( in which they mistake only for want of observing how the power , which is in its nature indivisible , is seated , and enjoyed . ) to this matter i may well apply what that great man , the late earl of clarendon , says of the supposition , that our ancestors had absolutely submitted to the will of a conqueror . if it * can be supposed , that any nation can concur in such a designation , and devesting themselves of all their right , and liberty ; it could only be , in reason , obligatory to the present contractors : nor does it appear to us , that their posterity must be bound by so unthrifty a concession of their parents . to which i may add that of ‖ grotius ; no man can oblige himself by way of law , that is as a superior : and hence it is , that the authors of laws have right to change their laws ; yet any body may be oblig'd by his own law ; not directly , but by consequence , ( that is to say ) as he is a part of the community ; according to natural equity , which requires that parts should be compos'd with respect to the whole . but here the electors stand in the place of the whole body of citizens , and therefore might at any time re-assume the right which belongs to them as electors . however , that they shall not be thought to have parted with it by implication , in suffering a common-council to act as if the sole authority in this matter rested in them ; tho' for a longer time than can be pretended here , may , besides the reason of the thing , appear : 1. from observing some parallel cases . 2. from the resolution of judges , directly in this point . first , i may observe some cases , of many , wherein a greater length of time than is supposed here , can take away no right . 1. discontinuance of part of the services , belonging to tenure , when the lord of a mannor has been possessed of other part , or at least of the principal ; as in bevil's case . according to which , possession of the right of chusing carries with it the incidental right , of exempting and amoving , or , discharging . 2. where a custom which has long obtain'd , is contrary to the common-law right , confirm'd by magna charta , of a considerable body of men. thus from the precedent in the case of the earl of warwick , 14 or 15 h. vii . a custom and suppos'd prerogative had obtain'd , for the king to name a select number of peers to try any one of them for his life . and this is supported not only by the opinion of the lord coke , but by the year-book , 1 h. iv. where there is a formal account of the trial of an earl of h. in such manner , at that time . when it appears by the summons to parliaments at that time , that there was no other earl of h. besides the earl of huntington : and the record * of 2 h. iv. shews , that he being taken in open rebellion , was executed by the people without any legal process . this , and other evidences of the right of the lords to fair trials , having been communicated to several of them , occasioned their resolution , jan. 14. 1689. that it is the ancient right of the peers of england to be try'd only in full parliament , for capital offences . which they explained three days after , excepting appeals for murther , or other felony . which resolution was 189 years since the precedent to the contrary , which had been followed ever since to that day . 3. it is to be consider'd , that the right here in question , is a right belonging to the citizens of london by prescription , confirm'd by charters and acts of parliament : and a right , which , as has appear'd above , the present representatives of the citizens , for the election of sheriffs , were possess'd of in the reign of h. viii . if not as late as 1 eliz. but if the custom ever since , or for a much longer time , had placed the exemption and discharge in others ; such a custom could not destroy the cities prescriptional right : for tho' interruption may destroy the prescriptional rights of particular persons , it shall not such rights of cities and boroughs , as may be regularly exercised without confusion . accordingly , tho' some ‖ boroughs never sent burgesses to parliament above once , twice , or thrice , in one or two , and some not in three hundred years , they , in pursuance of several votes of the house of commons , from the 18th of j. i. downwards , have been restored and remitted to their antient right : as (b) agmondesham , st. albans , alverton , alias allerton , andover , (c) asperton , beverley , botolph , dunster , fawy , gatton , herewich , honyton , lancaster , leychesfeld , lee , (d) malton , marlaw magna , okhampton , oreford , (e) pontefract , preston , richmond , seaford , web●eley , wendover , wych . i shall take leave to observe what is cited upon this occasion , in one of the reports of the ●ommittee of privileges , an. 1628. from hankford , 11 h. 4. the long discontinuance might come from poverty , or the nescience or neglect of the sheriff . tho for certain , in so long a succession of parliaments , these burroughs had sufficient opportunities of freeing themselves from any prejudice which might arise from such ●●science , or neglect ; and by so long a sufferance , seem to have given up their right : yet it appears to be a right of such a nature , as is assumable whenever they are in a condition to exercise it . for evidence of which , i take leave to add a farther instance , that no discontinuance , tho for several hundreds of years , shall destroy such a right . which is the case of st. edmond's bury in suffolk . this by king * cnute's charter , confirm'd by † edward the confessor , and afterwards by w. 1. and ( whatever some talk of the publishing his laws in french ) according to the usage of his and former times ‖ published or proclaimed m●re than once , in the sax●n tongue ; appears to have been a burrough , from the time of k. edmond , who died about 800 years since , and yet but one precept can be found for this burrough to send members to parliament till within late days : and that single precept was as early as 30 edw. 1. nor was there any return upon it . but this appearing to have been an antient burrough ; the right of being represented in parliament was such an incident , as no discontinuance could sever . 4. nothing appears to the contrary , but that from the time that this common-council receiv'd its settlement , whenever that was , they have been chosen by the inhabitants in the several wards , free and unfree : tho directly contrary to the charters , which place the rights of the ●ity in the freemen . and thus it continued , till the mayoralty of that prudent magistrate , sir thomas stamp : when it was declared , that it is , and antiently hath been , the right and privilege of the freemen of the said city only , being housholders , paying scot and bearing lot , and or none other whatsoe●er , in their several and respective wards , from time to time , as often as there was or should be occasion ▪ to nominate aldermen , and elect common-council-men , for the same respective wards . there is not in that act the least intimation , that there ever was a custom for the freemen to chuse , exclusive of all others : and yet the sense of the common-council was , that such right remained , notwithstanding the long disuse , and the usurpation of foreigners , with the permission of the freemen . 2. among resolutions of judges , directly to the present point , i may very well use that which is cited on the other side , 40 & 41 eliz. according to which , it is to be presum'd , that common assent has placed the elections of sheriffs in the livery-men : but the claim or exercice of authority to discharge or exempt a person chosen , can have no foundation in law , unless transferred from the electors to others , by the express common assent of the electors , or at least such as is presumable to have been very long since given : for which presumption , i challenge any man to shew the least ground . but there is another resolution of judges of yet greater authority ; that 40 and 41 eliz. being extrajudicial upon a case put at serjeants-inn . whereas i shall shew a formal judgment , that common assent , to be of any force in such case , ought to be express , and not by implication . the judgment follows in these words : 3 d. it was agreed by coke , chief justice , and the whole court , in this case of colchester , concerning their corporation , that if there be a popular election of the mayor , and aldermen , in corporate towns , and this happens to breed confusion amongst 'em , this may be altered by their agreement , and by the common assent of all , to have their elections by a fewer number ; but not otherwise . but if by their charter they are to be elected by them all : then this is not to be altered , but by and with the general assent of the whole town , and so by this means to take away confusion . this is so plain , that it needs no comment , only that it must not be objected , that this speaks only of elections , not the discharging of persons chosen , or any other incident . for if even in the case of elections , where there is a necessity to restrain the numbers of electors , to avoid confusion ; this restraint will not bind without a general assent ; much less can it be pretended , that where elections can be , and are , duly made , it shall be in the power of others to defeat or vacate the election ; and put the electors in danger of wanting sufficient men to serve , or of confusion by elections often repeated : when the power of doing this was never parted with in express terms , or so much as by implication . 4. but that the common-hall have never parted with this ; or if they had , are restored to it , may very easily appear , if we consider , 1. that the right of chusing what qualified persons they please , or amoving or discharging 'em at pleasure , is not only vested in 'em by common law , confirmed by charters , and acts of parliament ; but has been exercised by the common-hall , not only before the supposed settlement of the present common-council , and the livery common-hall , but after ; and that in instances very remarkable , and fully expressive of their authority . and if there had been any discontinuance , their adhering to their choice of sir christopher lethieulier , and sir john houblon , and obliging them to hold , after they had fined ; according to a known term in law , would work a remitter , by which they would be restor'd to their best right , which is so favour'd in law , that if one who has been disseis'd of land , enter under a lease from the disseisor ; he shall be adjudg'd to be in possession upon his former right . 2. that whereas the vindicator will have a supposed custom for the mayor , aldermen , and common-council , to discharge , or exempt , to have been confirmed by the late act , restoring the city charter ; it restores to the mayor , commonalty , and citizens , all their rights , [ which they lawfully had ] at the recording or giving the judgment : but surely a custom of so late days as this is , take it with the greatest colour of pretension , ( especially when the custom is of such a nature , that whatever entries may have been in the books of the common-council , the common-hall's unanimous choice of any other person , may be well taken to have been the only legal discharge ; as it plainly was so late as 1 eliz. ) cannot come within the meaning of those words ; and that to the prejudice of a right which magna charta , and so many other charters and statutes ; and some of them not very antient , have vested in the electors . wherefore the lawful custom in this matter , used by the common-hall , from the beginning , till within the time of queen elizabeth , and of which they were possess'd at the making the statute , 2 w. & m. is indisputably restored and confirmed by that statute . and if all this cannot fix a right in the common-hall , i must needs think the rights of english-men very precarious . which leads me to the higher controversy ; where the vindicator supposes , that if there has been no former by-law or practice , directly in this point ; yet the common-council may exercise such a power , by a right inherent in them , as the city's legislators , who were not only prior in time to the livery common-hall , but gave being to 'em in the time of e. 4. and can controul their acts. not here to insist upon the plain consequence of these assertions , that if what the vindicator holds be true , the common-council may not only place elections of sheriffs in themselves , but of all other officers , and even of members of parliament , and common-council men ; and make themselves a body of perpetual continuance , supplying vacancies by the choice of the survivers ; and so by one single act of a common-council overthrow all the rights of the city ; to leave this reflection to be improv'd by others . i shall prove , that the present common-hall is by law chiefly entrusted with executing the powers given by common law , and charters confirmed by divers parliaments , to the body of freemen : where i shall shew , 1. that the rights and liberties of the city rested in the whole body of the freemen : and the whole body of them have regularly voted in making laws , for the benefit and government of the city , before they had any charters , and since . 2. that whoever are legally possess'd of the publick common-hall , are intituled to all the authority which the whole body ever had : especially in those matters wherein the present possessors exercise authority : and that the livery-men have this right . 3. that a representation of the commons , by the mysteries , was settled in the council-chamber , with authority to make by-laws , before any common-council of the present form had such authority . and , however , that the authority of that council was soon taken away by act of common-hall ; and lodg'd for some time in the representation by the mysteries . 4. that whoever are intituled to the council-chamber ; that council is a meer creature and committee of the common-hall , by it entrusted with the dispatch of some things ; and for preparing others for its ease . and whatever power they have about circumstances , cannot by their act deprive the common-hall of any right . 5. that there is no colour to believe , that the common-hall , as now compos'd , received its being or authority from such common-council as now acts : or from any thing but the general consent of the freemen , express'd in some act of common-hall , before the time of e. 4. or imply'd in the long submission of the rest of the freemen , before that time , or since . ( 1. ) as i before observ'd , the confessor's law derives the city's laws , rights , dignities , and royal customs , from its first foundation . i may add , that it says , in every county there ought to be a (a) folkmote on the first of the kalends of october , there to provide who shall be sheriff , and who shall be their (b) heretochs : and there to hear their just precepts , by the counsel and assent of the peers , and [ judgment of the folkmote ] . that london had such a folkmote , and the judgment of that folkmote extended to the making by-laws , before the time of the confessor , appears by the following instance . in the time of king (c) athelstan , above 120 years before the reputed conquest , laws had been made at gratelie , exeter , and winresfeld ; or rather the laws made at gratelie , were ratified at the two other places ; all the wise men not being able to meet at the first . these laws are not only received by the earls , or rather companions , and townsmen , or citizens of london ; but they make considerable additions to them for the good of the city . (d) their act or judgment is called the constitution , (e) which the bishops , and head-boroughs , who belong to the court of london , have made or published : and which the earls , or rather companions , or companies , and townsmen , have confirm'd by oath in their free-gild . there , among other things , they provide , that no thief above 12 years old , found guilty by inquisition , or upon trial , shall be spared . and that (f) he who was rob'd , having receiv'd his capital or principal , the king should have half ; the society should share the rest with the lord , of whom he held book-land , or bishops-land . it provides (g) for a common stock for the good of all : and that all in common shall inquire into the disposal of it . it settles (h) decennaries , or tythings : and that there shall be one over 'em , who shall summon them for their common profit ; and take an account what they send , (i) when they are to contribute , or be taxed ; and what , (k) when they receive money , by order of all the citizens , upon their treating together . with other particulars , which i need not mention ; this being enough to shew their authority at common law , before the reputed conquest . (l) then , which was above 750 years since , they had their guildhall ; and , as the * confessor's law shews , their court of the hustings ; which in that law is spoken of as an antient court : and all things of moment seem to have been transacted there ; till the numbers of freemen so encreased , that they could not all meet in the hall , but were forc'd to keep their folkmotes in the open air at st. paul's cross ; where was a very wide field before there were buildings to the water-side . i shall not detain the reader with the many presidents of their assemblies there upon all emergent occasions ; but must observe , that as late as † 19 e. 2. they prescribed to a right of holding assemblies there . i shall give but one instance , how early the aldermen , with those who called themselves the more discreet of the city , would have usurp'd upon the rights of the commons in their guildhall , or folkmote in the open air. at the end of h. 3 's reign , the citizens , according to custom , had met in guildhall for the election of a mayor : the aldermen and more discreet of the city would have chosen philip the taylor ; the commonalty contradicted it with great noise , and chose one hervey , and placed him in the chair . upon this the aldermen and their party complain to the king , that they were over-run by the commonalty . the people follow'd them with great noise , to the disturbance of the king , who lay upon his death-bed ; and cried , that they were the commons , and to them belong'd the election of a mayor . the others said , they were the head , and the people but the members : the king's council put them off till next day , and bid hervey not to come to court with more than ten in his company : however he summoned all the citizens , except those who adhered to the aldermen : and next day a vast number of horse and foot came to westminster . the king's council finding they could not agree , threatned to amove hervey , and put a custos over them . to avoid which they agreed , that five should be chosen of each side to settle who should be mayor . however , this being in diminution of the right of the commons , took no effect . h. 3. dying , the archbishop , the earl of glocester , and others of the nobility , came into the city , where they caused e. 1. to be proclaimed king ; and then went into guildhall , where a common hall was then assembled ; and enquiring about the business of the mayor , the aldermen told them , the matter was left to arbitration . the earl of glocester not valuing this , bids them hold a folkmote the next day at st. paul's cross ; and he should be the mayor to whose election the major part of the city should assent . the great men going into the church with the aldermen , perswaded them to yield : upon which hervey was declared mayor before all the people . and thus were they in full possession of their right , 1 e. 1. that this people who had the right to carry elections and other matters in guild-hall , or their folkmote in the open air , were the freemen , appears by the words of some of their charters declaratory of their antient right . many of which are granted to the citizens , which the charter pass'd in parliament 1 e. 3. explains , of freemen of the city ; where it provides , that they shall not be impleaded or troubled at the exchequer , or elsewhere , by bill , except it be by those things which touch the king and his heirs . and how careful the city has been to keep foreigners from partaking in the privileges of freemen , appears from the act of common-hall , return'd under the common seal into parliament , * 12 e. 2. and there confirmed ; whereby it is provided , that if foreigners be of any mystery , they shall not be admitted into the liberty of the city without sureties of six honest men of the mystery , for their indempnifying the city : and if † they be of no mystery , they shall not be admitted without the assent of the commonalty of the city . that the freemen of the mysteries had their several gilds or halls , where the society or fraternity met , not to mention more authorities , appears by a charter of ‖ e. 3. reciting one of e. 1. which recites h. 2 d's granting to the weavers of london their gild , to hold in london , with all liberties and customs which they had in the time of henry his grandfather , which was h. 1. * and that no man , unless by them , should within the city meddle with their ministry , unless he be in their gild. as therefore the gild was that company , or the hall where the men of that mystery met ; the common guildhall was where all the mysteries or companies met . ( 2. ) that whosoever are legally entituled to the common hall are entituled to all the authority which the whole body ever had , especially in those things wherein the present possessors exercise any authority ; though they are not the whole body of men who used to assemble , as long as they are a large part of that body , may appear . 1. in that the folkmote in the open air , and that in guildhall , were antiently taken to be of the same nature . accordingly , i find † a writ to the mayor , sheriffs , and whole commonalty of the city , requiring them to swear allegiance in their hustings , or at paul's cross . 2. guildhall has , time out of mind , been the * common-hall of the citizens ; and the assemblies there have of all times , before ‖ the first supposed settlement of the livery common-hall , and since † , been accounted the assembly of all the commonalty , as some entries have it ; of all the city , as others . and if the whole city can regularly act together , it is absurd to imagine , that its acts can be controled by a small part of the great body . 3. the chief power of making by-laws for the benefit of a city , or burrough , is an incident to the having a gild , or common-hall . accordingly in the * reign of h. 2. the archbishop of york , by the counsel of his barons , granted to the men of beverlay in yorkshire † their hanse ; that there they may treat of their statutes for the honour of god and st. john , and the canons , and for the bettering the whole town ; with the same kind of liberty as they of york have in their hanse . h. 2. ‖ confirming this , grants to the men of beverlay free burgage , according to the free laws and customs of the burgesses of york , and their gild of merchants . so that gild is the same with hanse ; and hanse , as bertius * tells us , in the old german tongue signifies a league or council . according to this , in a case which i shall have another occasion to mention , the turning out of the council of the citizens was the turning out of the gild , and that was plainly a disfranchisement . 4 such of the commons as have from time to time assembled in the common-hall , have , with others , been a true common-council of the city , and acted as such since their numbers have been restrained , as well as before . it must be observed , that the city had , or made , a common-council before any such restraint ; which is plainly intimated in magna charta , † 17 of k. john : which mentioning a common-council of the kingdom ( whether only for aids belonging to tenure of the crown , or such a common-council as the cities , boroughs and villages were at in person or by representation , which d. ‖ brady at last yields , need not here be determined ) adds , in like manner let it be concerning the city of london , that is , that the cities aids shall be taxed in its common-council . * sutably to this , 11 h. 3. a tallage was assessed in the city , by the will of all the barons or citizens . and thus the commonalty of london , in the time of † edw. 1. plead that the citizens , and their heirs and successors may , for the necessity or profit of the city , among themselves , by their common assent , assess and raise tallages without troubling the king. so ‖ ipswich , not to name other burroughs , had its common-council of the town , &c. and 25 h. 3. i find the choice of sheriffs in london by the common counsel and assent of the honest men of the city . the hustings i find to be the court of these honest men ; there they joined with the mayor and aldermen in the grants of city-land ; were judges at trials , and parties in the making by-laws . prosecutions for offences against the rights of the city were in their name : and quo warranto's upon supposed abuses of their liberties were brought against them : and therefore they not being represented by the common-council , now using that name ; those two great ornaments of their profession , the late and present chief justices of the common pleas , maintained , with the strength inseperable from their arguments ; that no act of the present common-council could be a forfeiture of the city-charter . indeed as the clerks generally favoured the prerogative , often exercised by the chair , with the advice of private cabals ; i find a mayor , 47 h. 3. blamed for making the aldermen and great men useless , while he did nothing without the assent of the commonalty . that they acted as a council , and exercised a judicial power at the hustings , after that time , i might shew by numerous instances , but shall here content my self with one , 3 e. 1. * which was in the judgment against hervey above-mentioned ; who , though he was the darling of the people when he was chosen chief magistrate , was soon overcome with the infection of the chair . some time after his mayoralty , the mayor and † citizens having met in guildhall for trying common pleas ; a dispute arose before all the people between hervey and the then mayor , and it seems hervey's party there was then the strongest ; for the mayor found himself obliged to withdraw , and make complaint to the king. the ‖ next day the mayor and citizens returning to guildhall , to finish the pleas depending before them ; a roll was shewn , and read before all the people , containing several notorious articles of hervey's presumptions ; one of which was , that in the time of * his mayoralty he acted contrary to the ordinances made by the aldermen and discreet men of the city . another was , that he used the common seal , which was in his custody , without the assent of the aldermen [ and others : ] which others , as i could shew , were to be particularly chosen by the common-hall , for that purpose . for these offences , among others , † against the whole commonalty of the city , and contrary to his oath , he was judicially degraded from his aldermanship , and ‖ for ever incapacitated to be of the council of the citizens : which was plainly a depriving him of his former right of voting in gildhall ; and indeed a disfranchisement , as it turn'd him out of the gild. and thus i * find privileges in canterbury granted to all the burgesses of the gild of merchants . 5. the present possession of the common-hall is or must be agreed to be a legal possession : and therefore in all things which they have not parted with , the possessors are the legal successors to them who exercised power in greater numbers . 6. even when those numbers could regularly meet , they were concluded by such a number as came upon general notice , though the number which met were very small ; according to the resolution , 33 eliz. † in the case of the vestry of st. saviour's in southwark . 7. ‖ though it may be proved that the great barons in parliament were antiently only those who held by baronies , or were created in parliament ; yet those who have been made peers by patent or writ , succeed to the same jurisdiction ; as they are possessed of the same house which the lords formerly had . 8. a corporation by one name is entituled to the prescriptional rights which that city or town had by another name . and thus it was held , that though the * town of colchester was incorporated by the name of bayliffs and commonalty ; the mayor and commonalty might prescribe to the antient customs of that town . that the livery-men have such a right to the common-hall , appears by their long possession ; for which , according to the resolutions of judges before-mentioned , we are to presume , that there had been the express assent of the body of freemen , or of such of them as met upon a general summons . if i shew an act of common-hall , as antient as the time of e. 3. for the mysteries to chuse such as should represent the commons , which i shall have occasion to shew under the next head ; if we find that they had been represented in common-hall , by the mysteries , before that time , and downwards to this day ; and no act of common-council , or common-hall , will appear to have first settled the right of elections in the livery-men of the mysteries ; then it will be evident , that tho originally the mysteries might have been represented by such as they should chuse , from time to time ; it is to be presumed , that they agreed to be represented by the livery-men , as a standing representative . 8 e. 2. above 30 years before the pretence to any act of common-council , or common-hall , which may be thought to restrain the freemen from the exercice of the power originally vested in them ; i find a writ to prohibit the multitude from meeting to chuse a mayor , and sheriffs , alledging , that such elections for times past , us'd to be made by the more discreet men of the city , especially summon'd : but then , lest this special summons should seem at the discretion of the mayor , and aldermen , it forbids all to meet , unless specially summon'd , or [ at the time bound to come ] . and a proclamation which was publish'd in the city , in pursuance of that writ , says , that no man , upon pain of imprisonment , shall come to any election , but mayor , sheriff , alderman , and other good people of the chief of the city , who by the mysteries , are especially summon'd to come thither ; or to whom it belongs to be there . these representatives of the mysteries , according to what i have before observed of the legal possession of the common-hall , are to be supposed to have been the livery-men , and none others : but because the partiality of the masters and wardens might occasion the not summoning some of the livery-men ; therefore there is liberty left for them who had right , to come , though not summoned . that they and none others had this right , will further appear when i come to prove , that no act can be found , from whence their right , exclusive of others , is or could be derived , or so much as occasioned . 3. that a representation of the commons by the mysteries was settled in the council-chamber , with authority to make by-laws , before any common-council of the present form had any such authority ; and however , that the very being of a council of the present form was soon taken away by act of common-hall ; and a representation by the mysteries settled in their places with greater authority , will appear very evidently . i must agree , that 20 e. 3. it was ordered by the common-hall , that every alderman , at the holding of his wardmote yearly , should cause 8 , 6 or 4 of the ablest and wisest of his ward to be chosen , to treat of the affairs concerning the commonalty of the city . but upon this it is observable . 1. that though according to the lord coke the wardmote is of the nature of an hundred court ; that is , in relation to the districts or divisions of the city , and chiefly as to the returns of juries ; but in relation to the present debate , it is more fully of the nature of a court leet , where all resiants are obliged to attend , and upon the account of resiancy are to bear offices ; and contribute in several things together with the citizens , who in this respect are as the barons or free-tenents of a mannor . wherefore this order does not restrain foreigners from being electors , or elected . 2. this is not said to be appointed for the common-council of the city ; but in truth the common-hall , as they were before , then continued the only common-council . nor , taking the original entry of that order to import more than [ affairs ] , does the treating of [ the affairs ] concerning the commonalty , in this place imply more than such affairs as concern them , according to their divisions by wards , in the choice of constables , or the like ; or the assessing of aids and tallages : for which purpose i find certain numbers in every ward , appointed very antiently , before there is the least pretence of the settlement of any other common-council besides the common-hall . but it is far from appearing , that the men of the wards appointed to treat of affairs , 20 e. 3. were to treat of such as concerned the commonalty , as divided or acting by mysteries : or , however , if the treating of affairs extends to all the affairs of the city ; it can here imply no more than treating of them by way of advice , to that supreme power in the city which made them what they were , and divested it self of no authority : nor indeed could any form of words have passed away the authority of that , much less of succeeding common-halls . and it is certain , that antiently whatever power the common-hall placed elsewhere , they never thought it abridg'd their own power : of which i shall give a considerable instance . 21 e. 1. the commonalty of the city in their several wards chose their aldermen freely and with full consent ; and presented them to the custos then over them , in this form . that all and singular the things which the said aldermen of their counsel and discretion , with the custos , and superiour for the time being , should make and ordain to be firmly observed ; for the government of the city , and for keeping the king's peace ; and for [ other provisions touching the commonalty of the city , ] they will hold ratified and firm , without challenge or reclaim for the future to be made . and also every ward chose its alderman , for whom as to his deeds touching the city and commonalty , and state of the same , they will answer . notwithstanding the power so amply conferr'd upon those aldermen , they did not pretend to use the common seal without the express consent of those who set them up , and could then pull them down at pleasure , at least at the year's end . that very day after the commons had presented their aldermen in common-hall , a grant of city-land pass'd with the common assent , and consent of all then present . and that the common-hall thought themselves in full possession of their power , notwithstanding the ordinance they had made 20 e. 3. for some to treat about their affairs ; appears in that they being found useless , or too assuming ; the mayor , aldermen and commons , who seem to have turn'd them off * before ; within 23 or 24 years after they had received them into their service , and 28 or 29 years after the city's power of making by-laws was first expresly affirmed by charter ; referring † to that grant , by common assent , agree upon a method for putting it in execution : but till then seem never to have exercised that power otherwise than in common-hall : then the mayor and aldermen [ by the assent of all the commons ] ordain , and firmly establish for ever , as the most convenient manner they could find , to debate of the mischiefs which had at that time been complained of ; and to eschew all suspitions , and outragious tumults , which often happen'd to great assemblies ; that every year against the day that the new mayor shall be sworn , the surveyors of every sufficient mystery of the city shall assemble the mysteries each by it self , where they shall please ; and * they shall chuse certain persons in whom the mysteries shall hold themselves content , with whatever shall by the mayor , the aldermen , and these chosen , be assented and ordained in the guild-hall ; and that these chosen and none others , be summon'd to the election of mayor , and sheriffs ; and also at all times that any matter shall be touched at guild-hall , for which they ought to assemble and take counsel of the commons . hence it appears ; 1. that this provision agrees with what was 8 e. 2. affirm'd to have been the custom then : so that this was but in affirmance of the custom . 2. that the commons in person , or by representation , made a council ; or counsel was to be taken of them ; which comes to the same thing . 3. that whatever representation may have been at some times , by certain numbers out of the wards , or any other way ; the settled representation was by the mysteries or companies : and this amounted to a repeal of all former acts which might have placed this in others . 4. that they who were entituled to the common-hall for elections , were to the council-chamber for making by-laws . thus it continued 50 e. 3. when the commons having by their common sergeant complain'd , that the mayors us'd to call together such mean people as depended upon them , and to pretend that what was done at such meetings was with the assent of the commons : the mayor , by advice of several principal citizens , summon'd the mysteries , according to the order of 43 or 44 e. 3. they meeting in great numbers , the like order as the former , and with the like recital , was made by the mayor and aldermen , with the assent of all the commonalty . indeed , they particularly provide , that at their assemblies to treat and consult of the common business of the city , no action shall be try'd before them , if it does not touch at least an entire ward , or a whole mystery . and they restrain the mysteries to a certain number of representatives , providing that the greater mysteries shall not send more than six , the less than four , and the least but two : but this was looked upon as too great a restraint of common-right ; and therefore was never followed . a * council being holden in the city 9 r. 2. about the case of one john of northampton , there met 13 of the ward of cordwayner-street . and i find it upon † record , to have been one of the articles in an appeal brought against him , that against the meeting of every common-council in his mayoralty , he caused a man or two that for that year was chosen to be in the common-council of the crafts which held with him , to meet at a tavern to prepare matters for their carrying his designs with one voice at the common-council . and that in an assembly at goldsmiths hall he caused persons of divers crafts more than were enter'd for the common-council , to be ‖ called at the day of election into the common-council , to help his election . which not only shews that the common-council at that time was , as it is elsewhere call'd in those articles , the common-council of crafts ; but that they who made the elections in common-hall made ordinances in the council-chamber ( tho as it will appear they were to be ratified in common-hall , or else had no force : ) and that they were not confin'd to a certain number according to the ordinance 50 e 3. or that 7 r. 2. which i shall soon consider . and argues strongly that those who were then brought upon the livery , tho not before return'd , were held to have right to be at the elections , and common-councils . and it appears by most entries concerning elections from those times downwards to the present time ; that tho orders have been made to keep some elections within the council-chamber ; those orders have been look'd on as absolutely void , and the elections have been made by great multitudes , or the immense community , as often stiled ▪ nor has the common-council assembled in the council-chamber kept within the number appointed by former ordinances . but it is observable , that in h. 6 th's time the common-council is called commune concilium ministratorum , that is , of those who exercised the ministeries or mysteries , as a trade is call'd in h. 2 d's charter to the weavers company . and it will appear by the by-laws 7 and 15 e. 4. that the common-council then consisted of the mysteries ; that is , as the ordinance 15 e. 4. explains it , the livery-men of the mysteries . and 6 h. 7. i find the common-council called the common-council of the wardens , and other honest men of all the mysteries . according to which instances it seems the council appointed 7 r. 2. was very short-liv'd : and the present common-council must date it self from after the 6 th h. 7. 4. but whosoever are entituled to the council-chamber ; that the council there is a meer creature of the common-hall , and in the nature of a committee entrusted with the dispatch of some things , and the preparing others in ease of the common-hall ; and that they cannot deprive the common-hall of any right ; may appear beyond contradiction , if we consider , 1. the only foundation upon which the present common-council now stands . 2. the nature of the power of making by-laws ; and some particular evidences that that power is subject to the controll of the common-hall . ( 1. ) some have supposed the present common-council to have had its establishment and settlement 20 e. 3. the contrary of which has appeared . but the true foundation of such a sort of establishment as it has , was the act of common-hall , 7 r. 2. in the infamous mayoralty of brember , when john of northampton before mentioned was ruined , for standing up for the rights of the city ; in which he was * afterwards justified by act of parliament . whereupon all the ordinances made against him in the city were repealed by † the then common-council . the act which gives some sort of settlement to this common-council is as follows . on friday next before the feast of the purification of the blessed virgin mary , in the 7 th year of the reign of king richard ii. in the presence of the mayor , aldermen , and the immense community ‖ of the honest and discreet men of the said city , in guildhall , for diverse affairs touching the said city assembled ; the under-written * petitions by the honest men of the city before , by the mayor , aldermen , and commonalty , chosen and assign'd † to ordain with mature deliberation , how judgments in times past in the common-council of the said city given and made were made by noise more than by reason , and sometimes by men less sufficient deputed to the said common-council : for the taking which away , the said honest men , in the said assembly , with full deliberation ordained the said underwritten ordinances , and caus'd them to be read in form following , ‖ for as much as by complaint of many honest men of the town , made to the mayor that now is , how divers times in the counseils used within the hall and chambers of the guyhalde , great rumour and peril had been perceived , as well by great assemblies , as often by insufficient persons deputed to the said counseils ; seeing that oftentimes the judgments of the said counseils were more by clamour than by reason , to the great disturbance of the peace , and quiet between the people for times pass'd , and more likely to be in time to come , if remedy be not provided . whereupon , the mayor , with the aldermen , and the good commons , chose certain persons thereupon by deliberation to advise them , how such rumour and peril might be eschewed and remedied : which persons being divers days assembled upon the matter aforesaid , have [ by their advice ] ordain'd , for remedying such perils , the articles after-written . if this please the mayor , and the other good men of the town , to try for a time , to such intent , that if good and peace be found in such counsels by the ordinances after-written , in the name of god let them be confirmed ; and if the contrary , as god forbid , that this may in time be amended , for the common good of all the town . for the continuing a common-council of the town by sufficient persons , as well of substance as sense , let it be ordained ; " that every year on the day of st. gregory , when the aldermen are established for the year ensuing , let them be firmly charged 15 days after the said day , to go to assemble their wards ; and by good deliberation , charge them to chuse four of the most sufficient persons that are in their ward , without regard to the state which they bore before , to be of the common-council the year ensuing : and the names of the said four to present to the mayor for the time being ; which persons shall be accepted by the mayor , and commanded to take their oath as is comprized in writing heretofore made . provided always , that the mayor for the time being shall not receive throughout the town , of any mystery , for the common-council more than eight persons of a mystery : altho it happen that more than eight of one mystery be presented and chosen , &c. which ordinance was approved , and confirmed to endure for ever . here it is observable , 1. that at the time of this common-hall , there was no standing common-council other than the common-hall , all others being discontinued ; and that before that time , the common-council filled both the hall and chambers belonging to it : and matters were carried as the noise was communicated , from one place to the other . 2. that the persons who are said to have made the ordinance were only a committee , appointed and chosen by the mayor , aldermen , and commons , for that single purpose , and for that time only . 3. they suppos'd themselves , and all common-councils for the future , according to the provision then made , to have no farther power , than to prepare matters for the common hall , and propound them for their fiat . 4. they do not propound the constitution of that common-council as an absolute form ; but that it may continue as long as it proves convenient , and that it may be try'd for a time . 5. therefore the establishment , according to the very words , as well as the nature of the thing , is of no farther force than as a probationary order ; to be observed only till the common-hall should think fit to set it aside . 6. as they who propound this ordinance , in relation to that body of which they were part , were inferiours , and therefore petitioners , to the body assembled in common-hall ; they set a good example to all future common-councils . but that the common-hall has not thought it self bound always since that act of common-hall , which ratified the ordinance above , to keep to that form of common-council there appointed , we may gather from the entries , which argue representations at councils after that , by the mysteries . 't is certain , the number of common-council-men appointed 7 r. 2. was never kept to ; no not the very next year : for then , as has before appeared in the case of john of northampton , the representation was by the mysteries , and sent from the several halls . and in the year after that , there were in the council-chamber , 13 of cordwayner-street ; that is , as i should think , cordwayner's mystery . and it is certain , companies used antiently to keep together within the same streets , or districts . and some wards to this very day retain the names of the companies , or guilds , which liv'd there ; as the last above-named , candlewick-ward and the vintry . and cornhil-ward , as i take it , was from the gild settled there . nor can i omit the observation , that in some (a) records i find ward and gild , or company , synonymous . 2. having trac'd this common-council to its weak and infant state , we may consider it as possessed of a power of making by-laws : but then we must observe , that this will bear no comparison to the possession which the livery-men have of the common-hall , which has been exclusive of all others . whereas all the possession which the present common-council have had of the common-chamber , has been only as a committee entrusted by a greater court , having continuance , and acting with supream authority . besides , it has been resolved by the judges , that a by-law to make a monopoly , and a prescription of such a nature , to induce a sole trade or traffick to a company or person , and to exclude all others , is against law. which is easily applicable to the common-council's engrossing the power of the common-hall . it would be endless to heap authorities which might be brought to evince , that the common-council has no colour of pretence to make by-laws , of such a nature as they now insist upon . but i cannot pass by the resolution in the case of the chamberlain of london , in an action brought by him for a penalty raised by a by-law . all such ordinances , constitutions , or by-laws , are allowed by the law , as are made for the true and due execution of the laws or statutes of the realm ; or for the good government and order of the body-corporate : and all others which are contrary , or repugnant to the laws or statutes of the realm , are void and of no effect . to apply this to the case in question ; for the common-council to vacate an election made in common-hall , or to exempt any person from being chosen , is not for the good government and order of the body-corporate ; and besides , is directly contrary or repugnant to the laws and statutes of the realm , which have fixed the election of any sufficient citizen in the livery common-hall ; and have provided it with authority to oblige them to hold : and therefore any by-law made in the common-council contrary to this right , is void . nay , and thus they themselves have judg'd but lately in the like case . in the mayoralty or sir john fleet , he acquainted the common-council , that 40 or 50 foreign merchants would pay 400 l. a-piece to the use of the orphans , if they might be admitted to the freedom of the city , and have an act of common-council to exempt 'em from bearing chargeable offices . after several long debates , this project , though of apparent advantage to the city , was laid aside ; the common-council declaring it was not in their power , to restrain the right of the common-hall to chuse any sufficient citizen . the opinion of the learned judg bracton , is very applicable to this matter ; where speaking of the english laws , he says ; which since they were approved by the consent of those who use them , and confirmed by the oaths of kings , cannot be changed or destroyed , without the common consent , and counsel , of those by whose counsel , and consent , they were promulged . but they may be changed for the better ; because that is not destroyed which is made better . with such a limitation we may allow the common-council to act for the ease of the common hall , in relation to times , places , and other circumstances ; for the better execution of the laws and customs of the city . but that the power of making by-laws , exercised by the common-council , is controlable by the common-hall , will , besides what i have already observed , appear by the charter 15 e. 3. which is the only charter expresly affirming the city's power of making by laws . moreover , we have granted , that if any customs in the city of london , [ newly arising ] where a remedy was not before ordain'd [ want amendment ] the said mayor and aldermen , and their heirs and successors [ with the assent of the commonalty of the same city ] remedy convenient , consonant to good faith and manners , for the common vtility of the citizens of the said city , and other our liege people flocking to the same , may apply and ordain , as often , and when it shall seem expedient to ' em . provided ☜ nevertheless , that such kind of ordinance be of utility to us , and our people , and consonant to good faith , and reason as abovesaid . according to this charter , 1. the power of making by-laws relates to amendments for the common utility of the citizens . 2. those amendments cannot sap , or weaken any antient constitution or custom . 3. they are to be made with the assent of the commonalty of the city . neither of which can be pretended in the matter in question : and since , as is said in the chamberlain's case , corporations cannot make ordinances or constitutions without custom or the king's charter , unless for things which concern the publick good , as reparations of churches , or high-ways , and the like ; but the power now claimed , is neither of that kind , nor is there legal custom or consent or charter for it : i need raise no consequence upon it . to conclude this point ; if this common-hall legally succeeds the common-hall which appointed this committee ; and the committee may be set aside at the pleasure of the common-hall ; if since the raising this committee , and that of late days , the mayor , aldermen , and common-council , have acted together as one court : if farther , as in the case of rowlet , before-mentioned ; they have acted with a superior authority in those very things , wherein the mayor , aldermen , and common-council , have exercised authority by themselves ; if most of these premises hold , especially if all do ; there can be no question but by-laws , and other acts of the common-council , are controlable by the common-hall : and then it would be very strange to imagine that it should be in the power of the common-council to take away , or abridg , any right of its superior , from whence it came , and in which it is contain'd . i shall not so much question the judgment or memory of my readers , as to repeat the proofs of every one of these premises . but i would desire 'em to remember the instances of disfranchisements by common-hall , before any standing rule for ' em . this power , i must confess , the common-council have pretended to ; and as if they not only had it , but had it without delegation , have fansied they could delegate it to others . accordingly i find an act of common-council , impow'ring the mayor and aldermen to disfranchise , upon competent proof by oath , before them , of any citizen's trespass , act , disobedience , or offence , against the city , and the liberties , franchises , and free customs and privileges of the same . which would be a very dangerous weapon in the hands of aldermen , who by act of parliament obtain'd by surprize , and contrary to the sense of the city , declared more than once , and ratified by former parliaments , have their stations , in effect , for their lives . but as it appears by the resolution in baggs's case , the above-mention'd act of common-council is void in law ; no such power having been derived to them by the express words of any charter , or prescription . yet this power the common-hall undoubtedly has , and , i may say , incommunicably , till that part of their court , or the committee from them , which sits in the council-chamber , shall have legally possess'd themselves of the hall. i shall add but one precedent , of many , where the mayor , aldermen , common-council , and commons , acted together as one court , and true common-council of the city ; and that since the time that the present common-council , and livery common-hall , are suppos'd to have been setled . a mayor * dying in his mayoralty , the locum tenens , or senior alderman , with the rest of the aldermen , appoint a day for the choice of a new mayor ; and order the servants of the chamber to summon the immense community of the city . there met the ‖ common-council , and the immense multitude of commoners , in their last livery but one . aylmer was there chosen mayor , and sworn before the aldermen , and commons . in that common-hall they , after the election was over , acted together as a council : for whereas the mayor should , as it seems , according to the usual course in such cases , have been sworn to the king the next day ; the aldermen , and commons , for certain reasons moving them thereto , appointed a farther day . that the commons who did this were the livery-men , appears by what immediately follows in the same entry : where it is said , that the aldermen conducted the new mayor to the taking his oath , in their violet-colour'd gowns , and the common in their last livery . 5. that there is no colour to believe , that the common-hall , as now compos'd , receiv'd its being , or authority , from such a common-council as now acts , or from any thing but the general consent of the free-men , express'd in some act of common-hall before the time of e. iv. or implied in the long submission of the rest of the free-men , before that time , may sufficiently appear by what has been prov'd under former heads : and yet if any act or acts of common-council , in the reign of e. iv. were the occasion of elections having been restrain'd to the livery-men , it may appear by what has been formerly shewn , that the submission of the free-men , implied in the custom ever since that time , gave the only force to that restriction ; that of it self carrying no manner of authority to diminish the right of the common-hall . but any one , who remembers the evidence that the mysteries had representatives of their own , before the time of e. iv. and the legal presumption , that those representatives were the livery-men , will be more fully satisfied , that they were so before the time of e. iv. when he observes the words of those orders , which are pretended to have given being to the livery common-hall . the first order is thus : at a common-council holden on wednesday , in the 7th year of the reign of king edward the fourth , it was agreed by john young mayor , john norman , &c. aldermen , and the commonalty of the city of london , ( inter alia ) that the election of the mayor and sheriffs , shall hereafter be made [ only by the common-council : ] the master and wardens of every mystery of the said city coming in their liveries ; and by other honest men for that purpose specially summoned . 1. it must be remember'd , that the common-council in hen. the sixth's time , was the council of the mysteries ; and consequently , unless an alteration can be shewn , must be thought to have continued so at the time of that order , 7 e. iv. 2. this representation of the commons being so large as has appear'd above , their act is call'd , the act of the commonalty of the city : and this we must suppose to have been made in common-hall . 3. none besides the masters and wardens are by this act oblig'd to come in liveries . 4. here is no restriction of elections to the liveries ; but to the common-council : that is , as is there explained , the masters , and wardens , and other honest men of the mysteries , specially summoned . to which special summons , as has been shewn before , the livery-men , and no others , were entituled . wherefore , this was no more than a repeating , or affirming , former orders , often occasioned upon the breaking in of other free-men , to the disturbance of elections , before plac'd in the more discreet , which the custom has interpreted to be the livery-men : who , according to this ordinance with which the present common-council triumph , were the only common-council at that time . and thus , as appears by the entry before-cited , 6 hen. vii . they continued after this ordinance , and after the next , 15 e. iv. which has these words . then in the same common-council it is agreed , that the master and wardens of the mysteries of the city , in their halls , or other places of the city , fit and convenient ; associating to them the honest men of their mysteries , being clothed in their last livery , shall go together to the guild-hall of their city , for the election of mayor , &c. and in their last livery but one , to the election of the sheriffs of the city , &c. and that no others , besides the honest men of the common-council of the city , shall be present at the said elections . all that this adds to the former provision , 7 e. iv. is only the requiring all the livery-men , for distinction's sake , to go in their liveries , to prevent the interposition of others . which was no restraint upon persons ; but a requiring the persons who came according to their former right , to wear their proper habit , to distinguish 'em from others . some may suppose , that this speaks of honest men of the common-council , besides the honest men of the mysteries : whereas the common-council is plainly here mentioned as exegetical , or explanatory , of the honest men of the mysteries : that is to say , such honest men of the mysteries as are of the common-council , and no others , shall be present at the elections : which , as has appear'd , were , long before that ordinance , the livery-men only . if this and the other be not taken in this sense , then they neither confine the election to livery-men ; nor suppose the livery-men only , to have right to come ; but allow any commoner , who is chosen to the common council , to vote at the elections , tho' no livery-man : whereas they who would derive the authority of the common-hall from these ordinances , suppose , that they restrain elections to the livery-men only . but , could it be imagin'd , that those ordinances , or either of them is , or are conceiv'd in terms importing a restriction of elections to the livery-men ; and that the ordinances were made by a common-council chosen by the wards , it appears by the ordinance which laid the moveable foundation , upon which following common-councils of the wards have built up themselves ; besides , other evidences of the superior authority continuing in the common-hall , ( the true common-council of the mysteries or crafts , as it is called 8 r. ii. ) that the force of such restraint could not proceed from the authority of the common-council ; but that subsequent common-halls not having thought fit to alter this ; and the generality of the free-men having rested contented with their livery-men ; such sufferance and consent has made that become a legal settlement , which at first could be no more than matter of advice . and , according to this , i find writs from the crown , and acts of common-council , place the legality of such restrictions in the custom of the city . but i must submit to consideration , whether there is not better ground to believe , that the livery-men were the standing representatives of the rest of the free-men , before ever such a council as now acts had any setled being ; or , at least , before the time of e. iv. than there is to think , that the words of either of the ordinances of his time , so much as recommend any other designation of electors , than what custom , and consequently the consent of the free-men , had setled before . in short , it has appear'd , that the resolution of the judges , cited on the other side , and more particularly , mother upon the like occasion us'd by me , are strong for the common-hall . that according to that very act of common-council , 7 car. i. on which the vindicator relies , no man chosen sheriff is dischargeable , unless for want of sufficiency in estate : nor is there any ground for other exemption : and whatever discharge or exemption may have been given by any besides the common hall ; the party is nevertheless elegible , as if he had never been discharged , or exempted . this is made yet more evident , by comparing the act of common-council , 7 car. i. with former acts : but chiefly , with the act of common-hall , 24 e. iii. which was reinforc'd , 18 hen. viii . and to this very day stands in full virtue , declaring the sense of the body of free-men , that for the common-council to vacate or defeat their elections , is to the prejudice of particular persons , who are oblig'd to serve , through default of others ; and of the whole city in general , who may want sufficient persons to serve : or , at least , cannot find men of the like qualifications in every respect , with those whom they first chose . if we look into the custom , it is manifest , that the authority of the common-hall , and of none besides , to discharge , or exempt , has been fully exerted ; and own'd , not only by common-councils , but by the crown ; and that in times neither too long since past , nor such wherein precedents on the side of the commons could have obtain'd , if their right had not been undoubted . and , as this authority has been exercised by the common-hall , before ever any common council of the present form or nature , had a setled being ; so it has been after ; and since the time that the vindicator supposes the livery common hall to have been instituted . and the seeming practice of later days to the contrary , has been of such kind , as has been far from proving any authority to go along with acts of common-council , for the discharging or exempting any one person . the discharge arising from the common-hall's proceeding to a new choice . farther yet , if either by-laws or custom , or both , have crept in to the seeming diminution of the right of the electors ; as has appeared ; they would have been void in law , being contrary to their common-law right declared by charters , and confirmed by acts of parliament . and whatever force , custom and by-laws , supposing them clear , might have had against rights so established , the act of restitution , 2 w & m. being made while the commons were in possession of their power , to oblige the person whom they had chosen to hold , notwithstanding any pretended discharge ; certainly wrought a remitter to their antient right . and this was remitted and restored to the livery-men . i may add , that by the express words of that statute it is enacted , that the several companies , that is , the mysteries ( so often named in the city-journals ) shall have all their lawful liberties ; and particularly every person admitted into the freedoms or liberties of the companies , shall enjoy the rights and privileges of a freeman , and livery-man . which confirms the livery-men in the possession of the common-hall , with all the rights and incidents belonging to that possession . and whereas the vindicator supposes that the common-council can set aside the rights and privileges of the livery-men , as they of the common-council are the city's legislators . if they were such , the restrution , 2 w. & m. settles the livery men beyond being shaken by any authority within the city , for the making by-laws . and in truth the authority of making by-laws , both at common-law , and by charter , originally rested with the whole body of freemen ; and has formerly been regularly exercised by the whole body , in their assemblies in guildhall , or other folkmote . the exer●ice of this has by custom been confined to guildhall ; and is now become impracticable elsewhere . of this common-hall , and the authority of this court , the livery-men , with the mayor and aldermen , were in full legal possession , before such a common council as now acts had any settled being : nor has any act of common-council so much as occasioned the privileges of the livery-men , much less has it created them . but , according to the presumption of law , they have had an uninterrupted possession from before 8 e. 2. nor does it appear that any man can gave any vote among them , otherwise than as a livery-man , ; the right of suffrages in the common-hall being settled in the livery-men ; who have been , and yet are the true common-council of the ●ity on the other side , that which now obtains the name of the common-council , has been from its several institutions , and yet is , a mere creature of the common-hall , and dependent upon its pleasure : at the most is but of the nature of a committee , and has no greater or higher relation than of a part to the whole : and whether it acts by it self , or in conjunction with the greater body ; must be concluded by the majority . to close this argument , which may seem tedious to many ; and , yet possibly , is no more labour'd than the strength of prepossession requires ; i may well say , with the vindicator , while some strive to make breaches , my business shall be to promote peace . but it must be consider'd , that men have very different notions of peace . when our governors , in church and state , valued themselves upon the peacefulness of former reigns ; many , who now would have the commons of the city of london to sacrifice their right , to the quieting this controversie , were thought properly to have applied that old sarcasm ; " they make solitude , and call it peace . for my part , i always thought the asserting and adhering to the fundamental constitution of the great community in the first place ; and next of the city of london , which , according to the confessor's law , is the head of the great body , to be the best means to secure such a peace , as english men may rejoice to transmit to posterity . and i cannot but hope , that both sides may receive this my sincere endeavour , as a seasonable peace-offering . finis . sold by richard baldwin near the oxford-arms in warwick-lane . price 6 d. notes, typically marginal, from the original text notes for div a26181-e110 the question , of the resolution of the judges , 40 & 41 eliz. vid. 〈◊〉 . de jure belli & pacis . of by-laws , particularly that 7 c. 1. vid. vindic. vid. inf . vid. inf . of by-laws before 7 c. 1. in archiv . civ . lib. dunthorr . f. 416. b. & lib. o. f. 10. a. the act of common-hall , 24 e. 3. in arch. civ . lib. o. f. 10. 18 h. 8. in arch. civ . lib. o. f. 53. of the act of common-counc . 19 h. 8. in arch. civ . lon. 13 eliz. the act of common-council , 13 eliz. of the act of common-counc . 34 eliz. com , council , 7 c 1. deucy mayor . this part omitted by the vindicator . of the custom . * in arch. civ . lond. lib. d. f. 76. b. causton 's case . ‖ solemniter vocatus . * depositus fuit à libertate & de aldermannia . ‖ posuit se in gratia maj. ald. & communitatis . * maj. aldris . & coitat . super hoc eodem die consultis . habitoque respectu ad impotentiam , &c. in arch. civ . i. lib. o. f. 10. a. 18. h. 8. of several elections , and two discharges by the common hall in one day . 2d choice . 3d choice . 4th choice . 5th choice . in arch. civ . journal seym. 1.163 . a. 21 h. 8. ralph rowlet 's case . fol. 165. in arch. civ . li● q. f. 35. a. 33 ● viii . richmond 's case . note , this was upon the hustings in guild-hall . vid. infra . of a discharge in the common-hall , 1 eliz. * 4. rep. f. 93. that if the by-laws and custom were on the side of the lord mayor , aldermen , and common-council : such by-laws and custom would be void in law. lib. k. f. 120. temp . h. 6. that for any to amove or discharge sheriffs , but the electors , is contrary to their common law-right . * lambert 's archaionomia , f. 148. fundata enim erat ad instar & ad modum & in memoriam maguae trojae & usque in hodiernum diem , &c. † vid. rot. cart. 1 e. 3. m. 45. n. 76. by i nspex . 1 r. 2. m. 31. n. 22. & 2 e. 4. pars 5. m. 23. ‖ placita coram rege apud ebor . 1 e. 3. * journal seym. f. 385. h. 25 h. 8. ‖ vid. bir. cor. sub effi●ie claudil a. 3. coronatio regis athelredi an. 989. & h 1. an. 11 co . * lib. e. f. 174. a 2 e. 3 coram rege . vid. mitton's c. 4. rep . tho. the king even before he makes a sheriff grant away the office of county clerk , the king's grant is void , because it is an incident to the sheriff's office , † vid. selden's tit. of honour , f. 587. 15 johannis omnes milites ballivae tuae qui sum moniti fuerunt ad nos , &c. rot. claus . 38. h. 3. m. 7. n. 12. d. omnes de ballivâ tuâ qui tenent 20 horat . terrae , &c. ‖ lib. c. f. 111. n. 32. e. 1. * vid. grot. de veritate religionis christianae . † vid. this in the printed charters , p. 13. and in several inspeximus's . * a 〈◊〉 place for great councils in the open air. hence call'd pratum concilii . vid. rot. cart. 7 r. 2. m. 8. n. 11. a charter of cnute's , with the advice of his redgynen wisemen . ‖ rot. cart. 1 r. 2. m. 31. n. 37. 7 r. ● . n. 37. † rot. cart. 2 e. 4. pars 5. m. 23. * vid. lib. q. arch. civ . l. ‖ 7 h. 4. c. 1. lib. dunthorn , f. 442. a. 6. h. 5. † mora questione inter dominos de consilio regis mittebatur , &c. ‖ quòd inter ceteras libertates civibus l. concessus ac in diversis parl. ratificat . &c. vid. infra . a question , whether the cōmon hall could barr themselves of this right . * survey of hobbs 's leviathan . ‖ grot. de jure belli & pacis , lib. 4. c. 12. not parted with by implication from a suppos'd custom . 4. rep. 1 h. iv. f. 1. * rot. parl. 2 h. iv. n. 30. vid. journals of the house of lords , jan. 1689. jan. 14. 1689. of rights of boroughs , not loss'd by discontinuance . vid. the resolutions sup . ‖ vid. pryn 's 4 th register of writs , p. 1176. (b) pr●n 's 4 th reg. p. 900. 28 e. 1. 1 e. 2. 2 e. 2. none since till late days . (c) lb. p ●05 . 26 e. 1. not before or since , tell ut s●pra . (d) lb p. 1●5● . 26 e. 1 〈…〉 . (e) p. 1180. 26 e. 1. not before or since , till . 8 j. 1. * vid. inspex . rot. cart. 7. r. 2. m. 8. n. 11. † cart. antiq. in tur. lond. litera p. n. ● . ‖ cart. orig. bib. cotton . of the choice of common-council men. vid. act of com. council , anno 1692. f. 2. of resolutions of ju●●es to this point . bulstrod , f. 71. corp. of colchester . vid. 1 st inst . f. 347. lit. sect. 695. stat. 2. w. & m. sess . 1. c. 8. the higher controversy rais'd by the vindicator . p. 1 , 2 , 3. of the authority of the common-hall . of the rights and liberties belonging to the body of freemen . (a) lambert 's archionomia , f. 148. (b) that is their earl , or other chief commander . (c) his reign began , ann. 924. ended 940. (d) vid. corpus legum in bibliothecâ cottonianâ sub e●fi● . claudii d. f. 14. c. (e) hoc est constitutum quod episcopi , & prepositi qui londinensi curiae pertinent , e●ixerunt & jure jurando confirmaverunt , in suo fridegildo . comites & villani in adjectione judiciorum quae apud grate leiam , &c. (f) excipiatur imprimis captale repetentis , & dividatur postea superplus , &c. (g) diximus ut unusquisque nostrum ponat unum denarium ad nostrum commodum , &c. (h) et habeamus nobis omnes eam inquisitionem . (i) fraternities by tens . (k) quando ipli gildare debebunt . (l) et quid recipiant , si nobis pecunia surgat , à nostro communi locutione . * vid. leges sancti edw. declaring they shall be held weekly every monday , and so in charters after tha● time . † mic. 19 e. 2. coram rege rot. 22. lib. de antiquis legibus in archiv . civ . f. 132. a. a. 1272 * rot. par. 12 e. 2. m. 2. par . 2. † et si non sint de certo mysterio , tune in libertatem non admittantur sine assensu communitatis civit . illius . ‖ rot. cart . 1 e. 3. m. 33. n. 68. * ib. et quod nullus nisi petillos incromittat infra civir . de cor . ministerio ; nisi fit in eor . gilda . † in arch. civ . lib. de antiq . leg . de a. 1270. 54 h. 3. in hustingo vestro vel ad crucem , &c. * rot. de 18 e. 1. a grant of a message prope communem aulam in civitate lond. ‖ in arch. civ . lib. dunthorn , f. 416. the ordinance 20 e. 3. de assensu totius communitatis in gihaldâ † lib. x. f. 73. 13 eliz. congregatio majoris , ald. & totius civitatis in gihaldâ . * cartae antiq . in tur. lond : r. n. 18. † suam hansiam , &c. ‖ ibid. * bertius de urbibus germaniae , p. 25. ●oedus & concilium prisca germanorum voce hansan dicunt . † an. 1215. 17 j. ‖ vid. dr. b's appendix to his compleat history . * rot. claus . 11 h. 3. † lib. dunthorn in arch. civ . f. 89. temp . e. 1. ‖ rot. cart . 4 joh. p. 2. m. 28. n. 188. gipsewich burgus , quod iidem burgenses nostri per commune concilium villarae suae eligant , &c. lib. d. f. 46. 25 h. 3. * in arch. civ . lib. de antiquis legibus 3 e. 1. † venientibus maj. & civibus ad gildhalliam ad coia placita placitanda ‖ pervenientibus majore & civibus in gildhalliam ad placita quae incoata fuerunt , &c. * tempore majoratus sui tenetur conservare & observari facere omnes assisas factas per aldermannos & discretiores viros civitatis , &c. † contra totam communitatem civitatis , &c. ‖ et à consilio civium in perpetuū privatus * rot. cart. 2 joh. m. 16. n. 44. † lane 's rep. f. 21. ‖ vid. communia de term . st. hil. 19 e. 2. rot. penes rememb . in secio where thomas de furnival pleads , that he was no baron , nor held his land by barony , or part of a barony ; yet father and son had been specially summoned to a great many parliaments from the 3d of e. 1. downwards . vid. rot. claus . 23 e. 1. m. 9. dorso 24 e. 1. m. 7. dorso , &c. * carter 's reports , f. 122. rot. claus . 8 e. 2. m. 3. temporibus retroactis . in arch. lib. dunthorn . f. 313. a. 414. b. etautres bones gentz de la dite citee que per ministrez de mesine la citee illoques avenir especialment sont somons , &c. a representation by mysteries first settled in the council-chamber with authority to make by-laws . vid. a paper entituled , the right of the citizens to elect sheriffs , &c. citing the books in gild-hall , 20 e. 3. this , according to the reference which i have to that time , is lib. dunthorn , f. 416. b. 417. a. in arch. civ . lib. c. f. 6. a. 21 e. 1. ibid. * 43 or 44 e. 2. † in arch. civ . lond. lib. legum , à 15. e. 3. * et islirent , certain persons en qui eux ils se tendront content . &c. in arch. civ . l. lib. h. f. 45. 50 e. 3. ward mayor . * in arch. civ l. lib. h. f. 198. b. † rot. in ●ur . lond. 8 r. 2. ‖ cleped . journ . foster . f. 1●6 . a. 210 , b. 218. b , 32 , & 33 h. 6. ●id inf. lib. l. f 〈…〉 6 h. 〈…〉 mai a. 〈…〉 mu●● . 〈…〉 gard●● 〈…〉 & al. 〈◊〉 ru●n 〈◊〉 omnium ●●●steria●um . the common-council a creature of the common-hall . the foundation of the present common-council . * in arch civ . lib h. f. 262. b. 15 r. 2. † ib. f. 300. a. 18 r. 2. in arch. civ . lib. h. f. 173 , & 197. ‖ immensae communitatis , proborum , &c. * ●ot . petitions . † this seems not very good sense : but the original is ad ordinandum cum maturâ deliberatione quomodo judicia tempore praeterito in communi concilio reddita & facta , &c. fiebant . ‖ par causeque , &c. note , they chosen only to advise the mayor , aldermen , and commons . note , a probationary order . note , the aldermen used to be chosen annually . vid. the rest in the right of the common-hall , &c. rot. pat. 21 h. 6 p. 1. m. 25. to several parishioners there . (a) vid. rot. pat. 12 e. 2. m. 5. n. 4. pro mercatoribus de societate gardarum de florentiâ . of the nature of by-laws , and the common-council's pretence to make ' em . moor 's rep. f. 576 , & 591. 5 rep. f. 63. anno 1693. bracton , lib. 1. c. 2. temp. h. 3. vid. by inspect . rot. cart. r. 2. m. 31. n. 22. 5 rep. sup . journal cotes , f. 103. 36 h. 8. bagg 's case , 11. rep. f. 99. * in arch. civ . journal haddon , f. 34. a. and b. aylmer mayor , 23 h. 7. ‖ commune consilium ac immensa multitudo communario um in penultimâ liberaturâ . note , this is not according to the ordinance , 15 e. 4. communiarii in ultima liberaturâ . that the present common-hall did not receive its being , or authority , from such a common-council as now acts , &c. vindic. p. 2. li. l. young mayor . vindic. p. 3. lib. l. f. 113. vindic. p. 8. caput legum & regni . curia comitatus rediviva. or, the pratique part of the county-court revived fully demonstrating its antiquity and proceedings from the originall to execution, and all manner of actions lying in it. also an easie and plaine method for the keeping of the court. attachments and distresses at large explained, returnes of writs which do remove suites out of this court, into superiour courts, presidents of precepts; both originall and iudiciall, to which is added some select presidents of declarations and pleadings. with an exact table of all the particulars in the book. by w. greenwood philomath. greenwood, will. 1657 approx. 223 kb of xml-encoded text transcribed from 103 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a42032 wing g1874a estc r223663 99833951 99833951 38430 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online 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. early english books online. (eebo-tcp ; phase 1, no. a42032) transcribed from: (early english books online ; image set 38430) images scanned from microfilm: (early english books, 1641-1700 ; 1833:10) curia comitatus rediviva. or, the pratique part of the county-court revived fully demonstrating its antiquity and proceedings from the originall to execution, and all manner of actions lying in it. also an easie and plaine method for the keeping of the court. attachments and distresses at large explained, returnes of writs which do remove suites out of this court, into superiour courts, presidents of precepts; both originall and iudiciall, to which is added some select presidents of declarations and pleadings. with an exact table of all the particulars in the book. by w. greenwood philomath. greenwood, will. [8], 175, 116-117, [15] p. printed for john place, at furnivalls inne gate, and william place at grayes inne gate holborn, london : 1657. the word "philomath" is in greek characters. with an index and five final advertisement pages. imperfect: tightly bound with some loss of print. reproduction of original in the british library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng county courts -england -early works to 1800. sheriffs -england -early works to 1800. coroners -england -early works to 1800. 2007-11 tcp assigned for keying and markup 2008-01 spi global keyed and coded from proquest page images 2008-02 robyn anspach sampled and proofread 2008-02 robyn anspach text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion curia comitatus rediviva . or , the pratique part of the county-court revived , fully demonstrating its antiquity and proceedings from the originall to execution , and all manner of actions lying in it . also an easie and plaine method for the keeping of the court. attachments and distresses at large explained , returnes of writs which do remove suites out of this court , into superiour courts , presidents of precepts ; both originall and iudiciall , to which is added some select presidents of declarations and pleadings . with an exact table of all the particulars in the book . by w. greenwood 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . ipsae etiam leges cupiunt ut jure regantur . london , printed for john place , at furnivalls inne gate , and william place at grayes inne gate holborn , 1657. to the reader . kind reader , considering the utilitie and profit a peece of this nature would produce to the countrey , prest me forwards ( out of profound and authentick authors ) to demonstrate the antiquitie , justness , and iurisdiction of this court ; for the more the country knows it , and the practice thereof , the more they will love and affect it ; ignoti nulla cupido . i cannot comprehend how any one part or theame may be more useful , to and for the countrey , and consequently more generally expetible and wished for , than the practicall knowledge of this court , for who almost is there within its jurisdiction , that is not , or may not sue and be sued in it ? so that here they may read and understand how their causes doe proceed , and what ; and how far the power & force of every precept , and warrant doth extend , and what the fees are ; and that they may , as with a touchstone try and examin the actions and proceedings of their atturneys . i must confess my early experience ( in this discours ) in comparison to some of the more grave and ancient practicers , is but as a drop of water to an overflowing bucket . therfore if i have omitted any thing in the practice , or comitted any error in the method , i hope ( juvenilis mea aetas considerata ) i shall without difficulty obtain pardon , and that they will ( mitissimo aspectu ) take it , with all its faults , in good part . and if this conduce to the benefit and advantage of the country , it is all that is hoped for , and expected by your assured friend , w. g. curia comitatus . or the practique part of the county court , &c. of the originall of shires , shiriffs , and the institution of this court. before i anotomise the practise of this court , i thought it conven●ent to produce it from its originall or prototype , quia origô rerum attendenda . and first , what the word shire signifies . shire , is a saxon word seyra , and cometh of shiran ( id est ) partiri to divide , as sayth master lambert in his explication of saxon words , verb. centur . and master cambden in his britania reporteth , that alfred ( a saxon ) king of england , was the first that divided this common-wealth into shires , those shires into ridings , and those again into wapentacks or hundreds , &c. the republique being thus disunited or dissected into shires , every shire is entirely governed by one officer called a sheriff , or shireeve , vice-comes ; being compounded of these two saxon words , scyr , viz. satrapia , a shire , & reue , viz. praefectus a governour of the shire . master cambden thus describes his office : singulis vero annis , nobilis aliquis ex incolis proficitur , quem vice-comitem quasi vicarium comitis & nostra lingua shireffe , viz. comitatus praepositum vocamus . and he is called vicount , a vice-comite , which cometh from our conquerours the normans , as sheriff from our ancestors the saxons . the aforesaid king , at the division of the kingdom into shires or counties , instituted this court called the county court , and established jurisdiction in it ; granting power and authority to the sheriff to hear and decide such matters as by just cause of appelation ( either for law or equity ) should be brought unto him . this court of the whole shire ( then called scirezmove , that is to say , the assembly of the shire , was then ( as also now ) holden once every month , upon a day certain , the month being computed according to 28. dayes in the month , and not according to the calendar . of its antiquitie and jurisdiction , you may read more recorded in the statute of magna charta . cap. 35. likewise , it may be searched further in the laws of edgar , the saxon king , viz. let no man seek to the king in matter of variance , unless he cannot find right at home : but if it be too heavy for him , then let him seek to the king to have it lightned . the very like whereof in effect is to be seen in the laws of canutus the dane , sometimes king of this realm ; out of which laws may be gathered four things : first , that every man had means , and was authorized to sue in this court , in their own shire or county ; that no man ought to sue out of the county , or to draw his plea from thence without good cause : both which things do plainly appear in the letter of this law. thirdly , that the king himself had a high court of justice , wherein it seemeth that he sate in person : as these words do demonstrate , let him not seek to the king , &c. and lastly , that the same court of the kings did judge , not onely according to meer right , and law , but also after equitie and good conscience . and after this order , and in these two courts , was all justice administred . this court continuing ( untill the time of william the conqueror , and ever since during the times and raigns of the antient kings ) and doth yet continue ( in manner ) the same forme , and substance that it then was , ( and will do in despite of those sycophants , that have had their primum mobile from it , and now endeavour its subversion , that viporous brood of birds , that have so much defiled their own nest , that the whole country laughs at their folly , and that the pleas ought no more to be taken from it , now in our dayes ( without cause ) than they ought then to have been ; which may evidently be proved by those antient writs of pone , recordare , writ of false judgement , & accedeas ad curiam , which are yet in use to this day , and to this onely end to remove suits ( upon cause ) out of this court into superior courts . but because this requireth great search of records to make any further progression ( whereunto i have no access ) i must leave it to such whose abilities are more able , and can better travail in that so intricate a path . this court is no court of record , but onely a court baron , therefore pleas holden in this court by plaint , nor pleas holden by writ of justices , are not taken as matters of record , for those pleas are holden by reason of the court , which the sheriff holdeth by reason of his office. this court ( as dalton reporteth in his office of sheriffs ) was ordained for the sheriff to hold plea , there for particular or private matters ( under fortie shillings ) between partie and partie . it holdeth no plea of debt or damages to the value of fortie shillings or above , because a fine is due thereby to the lord protector , yet if the debt be fortie shillings or above , and the plaintiff will acknowledge in his declaration the receipt of so much , as to bring it within fortie shillings , in this case the plaint is good . and of debt , detinue , trespass , and other actions personall above fort shillings , the sheriff may hold plea by force of a writ of justices to him directed , for that is in nature of a commission to him , and is not returnable . neither doth this writ alter the nature of the court , for therein the sheriff is not judge , but the suitors , yet all judgements shall be pronounced by the sheriff . this court may be kept at any place within the county , at the pleasure of the sheriff , but not out of it . to this court , all persons dwelling within the county , owe suit by reason of their resiance . no fine can be imposed in this court upon any offender , because it is no court of record . but a man may be amerced for a contempt , or a disturbance of the court , in the presence of the court. this court will entertain no suits for charters of land , or for inheritance , or for free-hold of land , or for any titles to land , or to make several plaints upon one entire debt by bond , or trespass , vi & armis , or actions touching life , nor actions to cause one to render an account . the office of the county clarke . the sheriff being elected ( before the next county day after his election ) he ought to be very diligent in deputing and constituting a county clark , such a one as is sufficient and able to keep the court , that no corrupt dealing be in it , as he will answer the contrary : and that he be very skilfull in entring the proceedings in it . he ought to enter no plaints ( except in case of replevins ) out of court , but in full county , sedente curiâ , yet the course is otherwise at this day , and ( as it seems ) good enough , verifying the diverb , communis error facit jus . he cannot execute the office of a county clarke , and practice as an atturney both at one time , it being prohibited by the statute of . 1 h. 5.4 . he cannot act any thing without the assent of the suitors ; if he do , an action of trespass lyeth against the sheriff . he must be carefull in deputing honest able and sufficient men , as bayliffs , for the executing of the precepts issuing ou● of the court. he must make sufficient precepts after the plaints entred ( but not before ) against the defendants , directed to his bayliffs , to attach or warn the defendants to appear at the next county court , and answer the plantiff ; and if there be any default in the said bayliffs in the execution of their office according to the tenor of their precept , then they are to forfeit 40 shillings , and to be convicted thereof by the examinations of the justices of peace , or any of them . the county clarke and plantiff , upon complaint of the party grieved , may be examined by one justice of peace , concerning the taking or entring of plaints in the county court , and booke against the statute : if thereby the justice find any fault or offence committed , that shall stand for a sufficient conviction and attainder without any further inquirie or examination . and the said justice must certifie the examination within a quarter of a year into the exchequer , by the statute of 11. h. 7. cap. 15. at the adjourning of every court he must appoint a day certain for the next court , to the intent the countrey may know at what time they may resort thither to hear the lord-protectors writs of exigent and proclamations read . the office of a coroner in this court. a coroner is one of the principall officers of this court , being chosen in it ( by a writ de coronatore elegendo , directed to the sheriff ) by the free-holders or suitors in open and full court , and is published there , and after the sheriff is to return and certifie into the chancery the election of every such coroner and their names ; likewise the county clarke must there administer to the coroner his oath for the due execution of his office. the coroner being thus chosen and sworn , he is to sit there with the sheriff at every county court to give judgment upon outlawries , which judgment shall be given and pronounced by him in the 5 th county , and there the sheriff is to return the outlawrie with the exigent : but by this judgment no goods are for ●●●d before the outlawrie appear of record : neither shall such an outlawrie disable the partie . exigents and proclamations are to be proclaimed 5. county dayes one after another , and once in the open sessions , and once at the parish-church-dore , where he doth or did lately dwell , that he appear , or else that he shall be outlawed . and if proclamation be made 5. county dayes , and at the 5 th county day the defendant appear not , then the coroner shall give judgment that he shall be out of the protection of the lord protector , and out of the ayde of the law. f.n.b. 163. but before i conclude this chapter , let me give you in brief , why a man is said to be outlawed , and a woman wained ; viz. a man is said to be outlawed , because he was sworn to the law : and now for his contumacy he is put from the law , and said outlawed , as it were , extra legem possitus ; but a woman is not so , but she is wained , and not outlawed , because she was never sworn to the law. if a writ of discharge of the ancient sheriff be delivered to the county clarke , sitting in the county court , the authority of the said sheriff ( although absent ) shall presently cease . of atturneys in this court. it was objected to me , that no atturney could legally practice in this court , and that every man ought to prosecute his own cause himself : but i shall give him a compendious answer with an epitomy of the statute of west . 2. cap. 10. that every man which oweth suit to the county court , may make a generall atturney to prosecute and follow his suits in all pleas : and an atturney may do every thing in the name , and as the act of him which gave him the authority , as if he did it himself : qui per alium facit per seipsum faecere videtur : likewise these statutes following institute atturneys in the county court , viz. 6. e. 1. cap. 8.20 . h. 3. cap. 10. f.n.b. 156. i could instance many more , but i hope this is sufficient to stop the black mouth of a scurrilous antagonist . what actions may be brought in this court. having precipated my self thus far , before i enter upon the proceedings of the court ; i will demonstrate the grounds and cause of proceedings , and that is , actions , which is the form of a suit , given by law to recover a mans right : therefore what actions will hold in this court , take as follow . all actions of debt , either upon an account made by the parties for wages after a hire , summs of money owing or due from one man to another , whether by writings or otherwise , it is grounded sometimes by writing , as an obligation , bill , covenant , or other especialitie : sometimes without writing as an arbitrament , receit money lent , parol , contracts or the like . all actions of detinue , trover , and conversion , deceit upon a warranty , a delivery , nusance , case for scandalous words , case upon assumpsit● , and other actions of the case , as for a dog killing cattle , abusing a distress , spoyling my goods , &c. actions of trespass , assault and battery , &c. all these actions would afford very much matter to treat of at large , ( but least it should swell beyond its limits ) i will referr you to the reading of the law ( in one volume ) learn'dly epitomiz'd by mr. shepheard . within what time actions must be brought . all actions of debt grounded upon any lending or contract , as book-debt , without especialty , and for rents in arrear : all actions of trespass , quare clausum fregit , actions of trespass , trover , detinue , and replevin for taking away goods and chattells , actions of account , all actions of the case ( except actions for slander , which shall be sued , must be commenced and brought within six years after the cause of such action or suit acrewed , if the plantiffe be then of full age , discovert , compos mentis , at libertie , out of prison and in england ; otherwise within such time after he becomes so , and not after . all actions of trespass , for assault , menace , battery , wounding and imprisonment , within four years after the cause of action , and not after . all actions of the case for words , within two years next after the words spoken , and not after . who may bring actions , and who not . idiots , mad men , or such as have lucida intervalla , such as are deaf and dumb , or any other man , woman or child ( except persons disabled by law ) being wronged , nay bring the proper action appointed for remedy in that case ; and all , or any of these wronging others may be sued . and if an idiot sue or be sued , he must do it in person . an infant must sue by proahein amy , and being sued , must defend by guardian . a feme covert cannot sue but with her husband . an outlawed person is disabled to sue any action against any man in any court of law or equitie , ( yet as executor he may sue , beeause it is not in his own right , but in trust for another ) but any man may sue him , by coo. sup . lit. 128. a man that is attainted in a premunire , may not sue in any action , idem . 129. and a man that is a convict reculant is disabled , so long as he so continues . but note , all these disabilities remain during the continuation of the same impediment . no barretor can maintain any action in this court , nor have judgement , unless it be required by all the suitors . westm . 1 cap. 3. of pledges in this court. pledges are obsolete , except it be for such as live out of the county , or out of the jurisdiction of the court , or such as are unmarried , that have no goods distrainable , and it is if these be plantiffs : and if the defendant should non-suit the plantiff , and have judgment against the plantiff and his pledge . i never yet saw the form of that judiciall precept , that ever issued out to levie the costs upon the pledges goods . of the proceedings in the court. because i would not have the country and young practisers ignorant of the proceedings in the court , which is the life of practice ; i thought it necessary to make an abridgment of the terms of law , now used in the proceedings . and first of appearance , because it is the first thing done after goods attached . the first thing the defendant in any action or suit is to do , is to appear , and shew himself in person , or by an atturney in the court to answer the action and defend the suit. he may also appear by an essoyne which doth delay the cause a court day longer ; ( the common essoyne is de male vener ) and if he do not appear the next court , then it passeth by default , judgement entred , and execution issues out against his goods and chattels . but after the defendant hath once appeared in the court by an atturney , there shall be no essoyn allowed . but if he appear neither by an atturney , nor by essoyn , then further process issues out against his goods and chattels , viz. the precept of duc. tec. ) and attachment , and distress upon attachment infinite , untill he do appear . after the process executed , the plantiff is to appear and file his declaration , to shew his cause of action , or matter of complaint , in which must be shewn who complaineth , and against whom , for what matter , how , and in what manner the action grew between the parties , and at what time and place the wrong was done ; and in conclusion he must averr and proffer to prove his suit , and shew the damage he hath sustained by wrong done unto him . speciall care ought to be had that it be drawn in manner and form , yet by the statute of 36. e. 3. cap. 15. a declaration shall be good , if it have matter of substance , though the terms be not apt ; however to avoyd doubts , and that the atturneys may not altogether depend upon uncertainties , let them be diligent in taking right and due instructions from their clyents , and inform themselves of every punctilio which may be materially incident to the case , that so they may know what manner of action is most proper to be brought on the behalf of their clyents . in some cases manner and form is chiefly to be looked at , but in other some not altogether so materiall . as if an action of debt be brought of the sale of a horse for 5l. ( where the bargain was for two horses ) the defendant pleads that he oweth him nothing in manner and form : the jury ought to find for the defendant , for that , that the bargain was for two horses for 5l. so manner and form there is materiall , and parcell of their charge , and so it is in every case , where the action varies from the bargain or speciall matter . but if an action of the case be brought by the husband alone , upon an assumpsit to him by r. the defendant saith , he did not assume in manner and forme , and the plaintiff gives in evidence of an assumpsit made to his wife , and his agreement to it afterwards , this is good , and manner , and form is not materiall . or if a trespass were done the 4 th . day of may , and the plaintiff declareth the same to be done the 5 th . or the 1. day of may , when no trespass was committed , yet if upon evidence it falleth out that the trespass was done before the action brought , it sufficeth , 19. h. 6.47 . 5. e. 4.5 . 21. e. 4 66. and litt , saith , that the jury may find the defendant guilty at another day then the plantiff supposeth , for the law of england respecteth more the effect and substance of the matter , than every nicitie of form and circumstance : apices juris non sunt jura . note that in actions of debt upon emisset for wares , for money or other things lent , upon an in simul computassent , actions of trespass , battery , or upon the case , &c. you are not tyed to lay the certain day ; but you may lay it any time after the cause of action accrewed . a declaraton is sometimes called a count , as count in debt . kitch . 281. count in trespass , brit. cap. 26. count in an action of trespass upon the case for a slander , kitch . 251. but a count it is more properly used in reall than personall actions : and a declaration more applyed to personall than reall . f. n. b. 18. a. 60. d. n. 71. a. 191.6 . 217. a. if after process executed the plaintiff do not appear and file his declaration , and the defendant do appear upon such default , the plantiff is nonsuited , and the defendant may enter judgment , and have an execution for his costs . in every case where the plaintiff may have costs against the defendant there , if the plaintiff be nonsuit , or a verdict pass against him , the defendant shall have his costs , as in trespass , debt , covenant by specialty , or upon contract , detinue , accounts , actions upon the case , or upon the statute for personall wrongs , 23. h. 8. cap. 15. after the plaintiff hath appeared and declaration filed , upon the appearance of the defendant , emparlance is to be entred : emparlance is , when the defendant , being to answer the suit or action of the plaintiff , desireth some time of respite to advise himselfe the better what he shall answer , being nothing else but a continuance of a cause till a further day . i had forgot to lay open unto you this word continuance , had not the foregoing piece put me in minde of it , and it is this ; after a suit is begun and the plaintiff hath declared , he must continue his suit from court day to court day , or else the adverse party may take advantage of it , and this is called a continuance , being but only a prorogueing of a suit from time to time , to keep it in being ; and this is by the act , or order of the court , and sometimes by the agreement of the atturneys of both parties . this rule , or dies datus is when further day is given to the plantiff to put in his declaration , or to the defendant , to put in his answer : the time given is usually 14. dayes , or more of lesse according to the order of the court , and the agreement of their atturneys . the next court after the filing of the declaration , the defendant is to put in his answer , which he pleadeth and saith in barr , to avoid the action of the plaintiff , either by confession and avoidage , or denying the materiall parts thereof . if issue be not joyned upon the answer , then the plantiff is to file his replication to the answer of the defendant , which must affirm and pursue his declaration . then the defendant must put in his rejoynder to the plaintiffes replication , which must pursue and confirm his answer ; for every replication ought to have these two properties specially , that is , it ought to be a sufficient answer to the replication , and also to follow and enforce the matter of the bar . if the parties be not at issue by reason of some new matter disclosed in the defendants rejoynder that requireth answer ; then may the plantiff surrejoyn to the said rejoynder , if there be cause , but it falleth out very seldome . this surrejoynder is a second defence of the plantiffes declaration opposite to the defendants rejoynder . when the declaration , answer , replication &c. are defective in respect of some circumstance of time or place &c. it may be remedied by consent of the court , or parties , or by a motion to the steward . non sum informatus , is a formall answer of course made by an atturny , whereby he is deemed to leave his clyent undefended , and judgment passeth for the adverse partie . it is a failing to put in an answer to the declaration of the plantiff , ( in any action ) by the day assigned , which if a man do , judgment shall pass against him , because he saith nothing to the contrary . to an action of debt upon specialty . not his deed. to an action of debt for money lent , &c. he ows nothing by the country . to a bond for performance of covenants upon an indenture , or an arbitrament . not his deed or not guilty . to an action of the case upon an assumpsit . he did not assume . to an action of trespass . not guilty . to an action of assault , and battery , and slander . not guilty . to a contract without deed , the plea is payment , or an obligation made for the debt , &c. to an obligation , the plea is payment , or a new obligation taken for the debt , &c. but to plead payment to an obligation is no plea without an acquittance : for an obligation , or other matter in writing may not be discharged by an agreement by word but by writing : unumquodque dissoluitur , eo modo quo colligatur . to an action of debt he owes nothing by the country , or by the law , or paid . if the action be brought against an executor or administrator , the ordinary plea is , that he never was executor , or hath fully administred &c. if the suit be upon a deed , or contract without deed , that he was within age when he made the deed or contract . if it be against a woman , that she was covert : that is to say , had a husband when she made the deed or contract . if upon an arbitrament , that there was no arbitrament legally made , or that he hath performed the award . if upon an action of trespass , damage feasant , that the beasts came in by the default of the inclosure of the plantiff , or that he hath little of common there &c. if upon an action brought for rent , that there is no rent in arrear , &c. to an action of detinue , that he doth not detain the thing sued for : a release , or a gift to him by the plantiff , or that he did tender the thing sued for before action brought , that the defendant did deliver it to him as pledge for ten shillings , which he hath not paid , &c. to an action of the case for slander : not guilty , or justifie the words . case upon a warranty , that he did not warrant , &c. upon a specialty , plead , conditions performed , by threats , duress , imprisonment . upon a demise , not demised . upon an account , as receiver , never receiver : he ought not to render an account , &c. to trespass , not guilty , an arbitrament , tender of amends before the action brought , &c. if divers men do a trespass , and one makes a good accord , this will discharge , and be a bar to all the rest . cook. 9.79 . if free-hold be pleaded , the court in that cause can proceed no further . there are diverse p'eas to an action of trespass , some of one nature , and some of another , as justification &c. if the defendant have matter of justification or excuse to plead , he must be sure to plead it specially , for if he plead the generall issue , viz. not guilty , it will be found against him ; but now by the late act , made the 23. of octob. 1650. the defendant may plead the generall issue of not guilty , or such like generall plea , and give the speciall matter in evidence . every plea must be offered to be proved true , by saying in the plea ; and this is he ready to verifie , and this is termed an averment . if tender of issue come on the defendants part , the form is , and of this he putteth himself upon the country . if on the part of the plantiff it is and this he prayeth may be inquired of by the countrey . if issue be taken upon these pleas , and a jury thereupon warned to appear to try them , the jury appearing , the parties may have their chalenges . chalenge of jurors . chalenge is said to be where there is evident favour , as kindred , &c. the juror of aliance servant beares malice , and hath some action against chalenger ; juror a gossipe of the plantiff ; juror master to the plantiff : the juror eate at the plantiffes cost , or take money for his charges . if the juror was chosen arbitrator for one party , but otherwise where he was chosen indifferent for them ; the sheriff or bayliff which make the pannell , is of the plant●ffes kindred : those who have been attaint of false oath . or were seen on the pillory , or against whom there was judgement of life or member ; those who pretend to have some right in the thing demanded : the juror outlawed , if the record be shown : juror attaint of conspiracy : the sheriff being plantiff , &c. having now brought the jury to the bar , and that they prove all honest men , being sworn let them stand to the bar , and hear their evidence . if a full jury do not appear , as many as make default , may be amerced : if the verdict find matter incertainly , or ambiguously , it is insufficient , and no judgement ought to be given thereupon : as if an executor plead plene administravit , viz. fully administred of all the goods and chat●els which were of the testator : and issue is joyned thereupon , and the jury find that the defendant hath goods within his hands to be administred , but find not of what value , this is incertain , and there insufficient . a verdict that findeth part of the issue , and finding nothing for the residue , this is insufficient for the whole , because they have not tryed the whole issue wherewith they were charged ; but if the jury give a verdict of the whole issue , and of more &c. that which is more is surplusage , and shall not stay judgement● for utile per inutile non vitiatur , but necessary incidents required by the law , the jury may find . the manner of keeping the court. the sheriff at the first county court , which shall be after his election and discharge of the old sheriff , must read his patent and writ of assistance , and nominate his under-sheriff ▪ the county clarke , and 4. deputies ( at the least ) of replevins for the ease of the county then enter the stile of the court , in this manner , viz. y. ss . the stile of the court. the first county court of i. b. esq sheriff of the county aforesaid , held at the castle of y. on munday court. the 7 th . day of july , 1656. then command the bayliff to make proclamation 3. times o. yes &c. all manner of persons that have any thing to do at the county court holden here this day , before i. b. esq sheriff of the county of y. come forth and give your attendance . command the bayliff to make proclamation again , o yes , &c. all manner of persons keep silent , and heare the lord protectors writs of exigent and proclamation read . a coroner is to be there then present , to pronounce judgement of outlawrie , against those that do not appear upon the exigent and proclamation at the 5 th . county . command the bayliff the 3d. time to make an o yes &c. essoyns and proffers ( before the court 3. times ) for this day . and then say ; if any man will be essoyned , or enter any plaints , let them come forth , and they shall be heard . then enter your plaint in this manner . a. b. against c. d. of a plea of debt . then call the plantiff thus , a. b. app●ar , or thou loseth thy plaint ; 3. times . if he appear by an atturney , then enter his warrant of atturney , viz. the 2. first letters of his name , over the name of the plantiff , and then file his declaration . then call the defendant . c. d. appear and answer a. b. in an action of debt , ( or as the case is ) or thou forfeits thy goods distrain'd , and further process will be awarded against thee . if he appear , then enter his appearance , and an imparlance , to put in his answer ( to the plantiffes declaration ) the next court. when the defendant hath put in his answer , if the plantiff joyne issue , they may proceed to try all the next court day ( except they proceed further by replication , rejoynder , &c. ) if it be at issue , send out a venire facias , to summon the jury , and the habeas corp. then enter on the head of the pannell thus . jury betwixt a. b. plantiff and c. d. defendant , in a plea of debt . when they are brought to the barre , command the bayliff to make proclamation &c. you good men that be impannel'd to try the issue between a. b. plantiff , and c. d. defendant , answer to your names , every man upon the first call , upon pain and perill that shall fall thereon . if 12. appear , then swear them one by one , in this manner . you shall well and truely try this issue , between partie and partie , according to your evidence , so help you god. and as they are sworn , enter by every mans name jur. that is to say juratus est , he is sworn . being all sworn bid them stand together to hear their evidence . then swear the witness●s . the evidence that you shall give to this inquest , shall be the truth , the whole truth , and nothing but the truth , so help you god. then let the jury depart from the bar , to agree upon their verdict . at their return , command the bayliff to call every one by their names , and count them . then ask them if they be all agreed on their verdict : jur. y●a . who shall say for you ? jur. the foreman . then call the plantiff , a , b. appear or thou looseth thy plaint , 3. times ask the jury if they will stand to their verdict : jur. yea. whether do you finde for the plantiff , or for the defendant ? jur. for the plantiff . what damages ? jur. 2d. what costs of suit ? jur. 2d. hearken to your verdict , this you say , you finde for the plantiff , and assesse , damages , 2d. and costs of suit 2d. so say you all ? jur. yea. then bid the plantiff pay the jury . the court being ended , adjourn the court to another day to be kept , commanding the bayliff to make proclamation , o yes , &c. all manner of persons , which have any more to do at this court , let them come forth , and they shall be heard , otherwise they and every one else , may depart for this time , and keep their hour here on munday the 4 th . day of august next by 9. a clock in the morning , &c. now the court being done , and the defendant condemned by verdict , then ( judgment being entred ) a fieri facias shall be awarded to make levie of his goods , and thereupon the defendants goods shall be taken , praised and sold , to satisfie the partie plantiff , and if the defendant have no goods , whereupon levie may be made , then the plantiff rests without remedie in this court. of distress . considering the many lacrymable wrongs the country hath sustained by these locusts , that litigious generation of men , a clamorous company , qui ex injuria vivunt , seminaries of discord , worse than any poler by the high way side , monstra hominum , rabulas forenses , irreligious harpies , scraping griping catchpoles , monopolizing bayliffs and corrupt practisers , and how much the ignorant people are abused and deceived , yea , many times ( as the experience of many will inform us ) ruined and utterly undone by them , they being the sole causes of those ignominious aspersions cast upon the court. really , the advantage that it would produce to the common-wealth is inexplainable , if the statute of the 1. h. 5. cap. 4. were observed , that is , that sheriffs , bayliffs , one year , not to be in that office in 3. years after , because by their continuall being in that office , they grow so cunning , that they are able to deceive the sheriff , and ruine the whole country ; therefore , that the country be not altogether ignorant of their seeming authorized actions : i will declare what , and when they may distrain , and what , and when they may not . but first , to let you know what a distress is . a distress is either said to be reall ( that is ) when land distrained upon a grande cape , or a petit cape ▪ of which we have nothing to say here : or it is said to be personall , where moveable things are distrained : and this is that we are to speak unto , therefore a distress is where one doth take & distrain the beasts cattle and other things of another man in some ground or place for debt , rent , or other dutie behind , or for some wrong or damage done . the sheriff nor his officers cannot break a mans house in the night time to execute any process , or to do any ministeriall act : for the law giveth no colour to break a mans house by night . no distress can be made in the night , but for damage feasant . the bayliff may attach a man by his goods , citing him to appear , and answer such a day , at such a mans suit , in such a court , and for such a cause ; or he may onely give the defendant warning ( in the presence of 2. others ) to appear such a day , in such a court , and at such a mans suit , &c. it is good enough ; and if an attachment be made , it must be of such goods ( of the defendants own proper goods ) as are moveables , viz. by meere chattels personalls , which may be forfeited by outlawrie , and not immoveables . a bayliff cannot sever horses joynd to a cart. sheep may not be distrained , if there be a sufficient distress besides : no man shall drive a distress out of the county where it was taken . a distress may not be impounded in severall places upon payn of 5l. and treble damages . a man cannot work goods distrained , nor convert them to his own use . the goods of any man may be taken in any place within the county , in another mans house and ground , as well as in his own . if a bayliff distrain or attach the horse of a master , where the plaint is against the servant , trespass lyes for the master against the bayliff , for the bayliff ought to take notice at his peril whose goods he distrains or attaches , 13. h. 4. fo . 2.14 . h. 4.24.11 . h. 4.90 . and doc. and stud. 139. after distress , or attachment made , if the bayliff do not return his precept the next court : trespass lyeth against the bayliff for the defendant , and an action of the case lyes against him for the plantiff , for not returning of the precept , 10. e. 4. fo . 18.3 . h. 7. fo . 3. by choke . if one take beasts in the name of a distress , he ought to put them in an open pound , for that he which is distrained , may give to them sustenance : but if he distrain dead chattels , he may put them where he will , but if they spoyle in his default , he must answer for them 19. e. 4. fo . 2. b. if goods distrained be put in an open pound , and they dye , it is the loss of the owner , but if they be put in another places , it is not so . 39. h. 8. ●i●l . distress 6. he which distrains beasts may put them in a close house , if he will give them meat , for the putting of them in open pound , is but to the intent , that the owner may give them meat : 1. and 2. phil. and mar. cap. 12. tit . distress . that no distress shall be driven out of the hundred , unless to the open pound , nor above 3. miles . where a man distraineth cattell for doing damage feasant , or for rent , or service , and put them into the common pound , or into another pound or place , and he who hath property in the cattle , or other person taketh the cattle out of the said pound , and driveth them where he pleaseth , he who distrained them , may have a writ de parco fracto , f. n. b. 293. e. a man may not distrain for any rent or thing done for any land , but upon the same land that is charged therewith ; but in case where i come to distrain , and the other seeing my purpose , chaseth the beasts , or beareth the thing out , to the intent that i shall not take it for a distress upon the ground , then i may well pursue , and if i take it presently in the high way , or in anothers ground , the taking is lawfull as well there , as upon the same land charged , to whomsoever the properties of the goods be . if one distrain my goods that are not distrainable by law , i may have a generall action of trespass , or an action of the case against him at my chovce , coo. 4.94 . if one distrain my kine great with calf , and by driving they lose their calfes , i may have an action of the cafe , f. n. b. 86. if goods be impounded in a close house , or secret place , so that the defendant cannot come to feed them , and the goods do perish for want of sustenance , the distrainer must pay for them , 33. h. 8. tit . distress , 66. if the distrainer give the cattell meat in the pound , he cannot compell the owner of the cattell to pay for this , for the distrainer is not compelled by law to give them sustenance : and if they do agree after the distress upon a summe , yet this is no excuse , but it is for their deliverance , if they do agree at the time of the distress taken that he should give them meat , and that he should have xx s . ( or a certain propounded summe ) for the same , this is a good bargain , 21. e. 4. fo . 53. an action of trespass was brought upon the statute , that none shall be distrained by his cattell in the plough , as long as any other reasonable distress may be had : and the plantiff declared the taking to be against the statute , and did not specially shew that he had other cattell to be distrained , yet it was adjudged good for the defendant to alledge this , 4. e. 3. and 18. e. 2. stuffe sent unto a tayler , weaver , fuller , sheareman , miller , &c. shall not be distrained , for these officers are necessary for the common-wealth , and the like law is of and in a common inne . a horse that a man rideth upon cannot be distrained , fitzherb . in rescous , 11. quod nota . if a man come into a common inne , his goods and beasts shall not be distrained there , because then it would be prejudiciall to the common-wealth . also goods and chattels brought into a fair or market to be sould , shall not be distrained , per cur . mich. 7. h. 7. fo . 15.10 . h. 7. fo . 21. windowes , dores , tables fixed on a post , a furnace , pales , timber , boards , fixed on the ground , glasse , &c. cannot be distrained , nor forfeited by an outlawrie : but if these are not used in a house , but standers by , then they may be distrained , mich. 21. h. 7. fo . 13. pas . 14. fol. 25. h. 8. fo . 25. trin. 21. h. 7. fo . 27. if a bayliff come to a house to distrain , the dores being fast shut and bared , and with his hand through a crevice , or hole , did shove the bar , and open the dore , and did take out of the house 2. cowes , in the name of a distress , and because he did take a distress in this manner , it was adjudged the distress to be wrongfull , abridgment fizherb , fo . 296. no goods shall be distrained but the proper goods of the partie , and not pledges , nor yet borrowed goods , 35. h. 6. fo . 25. per. moyle justice , and it is not of chattels reall , as a lease for years , nor of apparrell , 7. h. 6.9 . a distress made by the servant of the bayliff is good , 27. ass . 6.7 . if a man distrain cattel , and they of their own accord come home again to the owner , he which distrained them cannot take them again , by reason of the first distress , except he doth freshly follow them , per danby justice , because of the negligence of the distrainer , 9. e. 4. fo . 2. a horse cannot be distrained while the owner thereof is riding upon him , or leading of him , nor if he be tyed at a mill , and came thither with grist , nor a horse tyed at a mans dore , the owner being gone into the house on some business , pas . 39. eliz. coo. b. adjudged . if a beast be unruly in the pound , and is like to leape over the pound , it seems the distrainer cannot justifie the tying of him to the pound , nor the fettering of him . broo. trespass 250.27 . ass . pl. 64. none shall distrain wrongfully upon the penalties provided upon the statute of marlb . westm . 1.16.3 . e. 1. none shall procure any to distrain another , to make him appear at the county court , or any other inferiour court , on purpose to vex him , and put him to charge and trouble , on pain , to make fine to the lord protector , and to pay the party grieved treble damages , westm . 1.36.13 . e. 1. an ax that is in a mans hand cutting of wood , nor goods that are impounded , and in the custody of the law , cannot be distrained , being distrained already , damage feasant . if one distrain my cattell or goods without any cause or colour , that is not good and just : or if a man having distrained my goods , will not tell me requiring it , and offering to give satisfaction for what cause he distrained them , or if having cause to distrain , he do distrain beasts not distrainable , as beasts of the plough , or sheepe , or if having distrain'd beasts distrainable , he after abuse them , as if being a horse or an oxe he work it , or being unruly he fetter it , or lay it so as it be thereby hurt , or if he put the distress in an unknown place , that i cannot tell how to come to it , to feede it : or if he take them out of the county , and put them in a pound in another county , or if he distrain them in a place not distrainable : in all these cases , i may have an action of trespass against him , coo. 8.147 . doct. and st. 112. f. n. b. 47. what goods may be taken upon an execution &c. the bayliff after judgment may distrain the defendants goods , and detain the distress in his hands , in safegard till the defendant hath satisfied the plantiff of the condemnation , 22. ass . 72. statham , 11. eliz. fo . 93. f. n. b. 165. and 4. h. 6. fo . 17. action . goods taken in execution must be praised , and execution made of them , 27. ass . 72. where erroneous judgment is given , the officer which doth the execution is excused , 22. ass . 64. plowden , 194. but the contrary , if judgment be given , that is void or voidable : for where judgment and execution is there of a thing whereof they have no jurisdiction ▪ there trespass lies against the officer , for executing it : but if judgment be there but erroneous , and so not void , false judgment lies , and no trespass against the officers , plowsdens com. 394. if after judgment a man doth sell his goods , to defraude me of my execution , and nevertheless taketh the profits of them : if it be so found , i may have execution of the goods sould by fraude , 43. e. 3. fo . 2.22 . ass . 72.50 . e. 3. if the sheriff open or breaks any house to do execution at the suit of a common person , the execution is good , but the partie , whose house is broken , may have an action of trespass against him for the breaking of the house , coo. 5.93.3 . if the sheriff levie money upon an execution , and give it to the plantiff , though he never make any return to the court , it is good enough , cook 5.90.4.67.11.40.20 h. 6.24.4 . if a man hath a judgment in this court against the plaintiff , or the defendant , and the execution is deferred in favour of him , the partie grieved may have a writ de executione judicii from above , to hasten it . f. n. b. 120. goods pawned shall not be taken upon execution , for the debt of him which pawned them , during the time they are pawned , 24 h. 8. pledge 28. & 4 e. 6. distresse . 75. by fieri facias ( or levari facias ) the bayliff cannot break the door or chest to take goods in execution , for if he do , trespass lyes against him for the breaking onely , and not for taking the goods in execution , 18 e. 4. fo . 4. & 13 e. 4. fo . 9. by choke , notwithstanding , 8 e. 2. tit . executors 152. contrary . if a man letteth to farme by the year oxen , and cattell , and after the lessee for years is condemned in an action of debt , these cattell and oxen demised , during the terme , cannot , nor shall not be taken in execution for this debt . 22 e. 4. fo . 10. a bayliff cannot pull the latch to open the door , if it be shut to make a distresse , coo. 5.91.93 . dyer , 67.224 . but if the out-door of the house be open , the sheriff may go into the house and take any thing there lyable to the execution , and being come in at the open door , it seemes he may break open any of the inner doores , 18 e. 4.4 . coo. 5.90 . cook 4.74 . of the replevin . cattell being-distrained for rent , &c. the owner must go to the county clerke ( or some one of the deputies appointed in the county : for the granting out of replevins ) to have a replevin directed to the bayliffs to replevie them , and the partie must be bound in an obligation to the sheriff , to prosecute his action against him , or them that did take the cattell , and to make returne of the same cattell to the distrainer , if he by justification or avowrie do recover . and if he pursue it not , or if it be found or judged against him , then he that took the distresse , shall have again the distresse , and that is called the return of the beasts , and he shall have in such case a writ from above de returno habendo . this replevin may be removed out of the county into the common pleas by a writ of recordare . if the goods cannot be taken by the first replevin , then issues forth an alias , then a plures , then a toties quoties , and if none of these will do , then a withernam . the sueing out of a withernam is after this manner . if the bayliff return at the next county , upon the toties quoties , that he cannot replevie the cattell , because they are esloyned , or that he cannot have view of the cattell , then the sheriff ought to make inquirie if it be true which is returned , and if it be so found out , he shall make a precept to the bayliff in the nature of a withernam to take as many cattell of the other partie . and if the bayliffs upon the withernam thus awarded , return that the other partie hath nor any thing , &c. he shall have an al. and pl. and so ad infinitum , and hath no other remedy in this court. but now to return again to the replevin , if the thing distrained , be put by the distraynor in a place where the sheriff cannot come at them to make a replevie , he may take posse comitatus , viz. the power of the county , and after demand , beat down the door or place , where they are , to take them , and the owner of the goods shall recover double for his loss what ever it be . he that hath the replevin must have either a generall or a speciall property in the thing ; as of goods pledged or the like , and it must be in him at the time of the taking , or otherwise he cannot have or maintain the replevin for them . divers mens cattell being taken , they may not joyn in one replevin , but must have severall replevins . if a man taketh and impoundeth goods , a replevin may be of more cattell than were impounded , for if a man distrain cowes or ewes , &c. they have in the pound calves or lambes , the plaintiff shall have a replevin for them all , and by littleton it was adjudged , mich. 8 e. 3. that if a man distraineth and impoundeth a sow great with piggs in the pound , the owner shall have a replevin for the sow and the piggs . if cattell be distrained and a replevin is sued , the defendant doth avow for taking of them damage feasant , or for rents , customes and services , and are at issue , and after the plaintiff is non-suite , or otherwise barred , he shall loose his costs and damages , by the stat. of 7 h. 6. cap. 5. but by the stat. 21 h. 8. it is clear , pasc . 14. mar. dyer . 141. of the nature , and return of those writs that do remove actions out of this court into superior courts . writs removing suites out of this court , may be without shewing cause in the writ , ●● the remove be by the plaintiff : but not without shewing good cause , if it be by the defendant . and first of a recordare . a recordare is a writ issuing out of the upper bench or common pleas , directed to the sheriff , commanding him to send a plaint that is before him in his county court , without writ of justicies into the court from whence the recordare came , to the end that the cause may be there determined . and the sheriff is hereupon to summon the other partie to be in that court , into which the plaint is to be sent at a day certain ; and of all this , he is to make a certificate under his own seal , and the seals of four suitors of the same court. by vertue of this writ to me directed , at my county of y. held at the castle of y. within written ( such a day , and year ) to be recorded , i caused the the plea , of which within is made mention , which appears in a scedule to this writ annexed , and that record i have before the justices within written , at the day and place within contayned , under my seal , and the seals of w. h. e. r. &c. four good and legall knights of the same county , of them who at the record present were , & to the parties within written that day i have prefixed , that then they be there in that plea , as just it may be to prosecute , as within to me is commanded . the residue of the execution of this writ , appears in a certain scedule to this writ annexed . at my county court held at the castle of y. in the county aforesaid , such day and year , before j r. m l. j. s. and s d. four suitors of the court aforesaid amongst other matters is contained . yo. ss . r s. complaineth again b. w. of a plea of debt ▪ ( or as the case requires . ) j b. esquire sheriff pledg . of prosec . j s. j d. in testimony of &c. by venue of this writ to be recorded , i have caused the plea which is in my county without writ of oliver lord protector , &c. betwixt a b. and c d. concerning the beasts of him the said a b. taken , and unjustly detained , as it is said , and that record i have before the justices within written , at the day and place within contained , under my seal , and the seals of e b. s d. r b. and j l. four legall knights of my county , of those who at that record present were , as it appeareth in a certain schedule to this writ annexed , according to the exigencie of this writ . at my county held , &c. as before . by vertue of this writ in form within written , i came to the court within written , and in that full court to be recorded caused the plea within written ; and that record , as it appeareth in a schedule to this writ annexed , i have before the justices within written , at the day and place within contained , and to the parties within written that day have prefixed , that then they be there , in that plea , as just it may be to proceed as within to me is commanded . a b. complains of c d. in a plea of taking , and unjust detayning of the beasts of him the said a. b. in testimony of which matter , e b. s d. j. w. and j r. four legall men of those who at the record present were in the full court at the castle of y. in the county aforesaid , the tenth day of a. the year , &c. to the same record their seals severally have put the day and year abovesaid . the nature of a pone . a pone doth nothing differ from a recordare , but that a pone is alwayes to remove such suites as are before the sheriff by writ of justicies , and not by plaint onely ; but the recordare is to remove the suite that is by plaint onely without writ . f n. b. 70.11 . by vertue of this writ to me directed , i have put before the justices , &c. of the common bench at westminster , the plea which is in my county by writ of his highness the lord protector of justicies , betwixt a b. and c d. of a plea of debt , as it is said , as it appeareth in a certain schedule to this writ annexed , &c. at my county court held at the castle of y. in the county aforesaid , on munday the twelfth of a. the year , &c. a b. complaineth against c d. of a plea of debt , in testimony of which matter , r l. s r. j o. and s d. four legall men of those who at the record present were in full court there seals severally have put the day and year abovesaid . a b. complaineth of c d. of a plea of debt . xx l. a writ of prohibition is of the same nature of a recordare ; and a pone , but not now used . these two writs are both of one nature , though the writ of consultation , be obsolete , and the writ of procedendo stept up in its place , it lieth where a cause hath been formerly removed by pone , or recordare , from this court to one of the courts at westm . and for want of sufficient cause of removeall is sent back again , fitz. old natura . brev. 50. the nature of a writ of false judgment . a writ of false judgment lieth where an erroneous judgment is given in this court , ( being no court of record ) then the partie grieved by the judgment , may have this writ , and remove all process of the suit into the common bench , and there it shall be examined , if it be found erroneous the judgment , shall be reversed , and the suitors of the court , who gave the judgment , amerced . by vertue of this writ to me directed , to be recorded , i have caused the plea ( which is in my county ) together with the proceedings and the judgment , betwixt the parties beneath , and to the same parties day have prefixed to be before the justices within written , at the day and place within contained , as that writ exacts and requires , which plea with the proceedings and judgment , appeareth in a certain schedule to this writ annexed . a plaint by writ in the county court , holden at the castle of y. in the county aforesaid , on monday the 23d. day of august , the year &c. before the suitors of the same court , in the tine of i. b. esq sheriff of the county aforesaid , according to the custome and priviledges of the same court , ( time whereof the memory of man is not to the contrary ) have been used and approved of in the same . at this court came a. b. in his proper person , and brought here into court a writ of his highness the lord protector of justicies . which said writ followes in these words ; oliver lord protector of &c. to the sheriff of y. greeting a. b. hath complained to us , that c. d. upon him the said a. b. at the castle of y. have made an assault , and have beaten , wounded , and evill intreated him , so that of his life it was despaired , and have done him other wrongs , to the great damage and grieveance of the said a. b. and therefore we command you , that you heare the said plaint , and after cause them to be therefore brought to justice for the same , that i heare no more complaint therein for want of justice , witness our selves at westm . the 10 th . day of august in the year &c. and thereupon found pledges to prosecute the said plaint , that is to say , jo. doo . and ric. roo . and thereupon the said a. b. put in his place s. d. his atturney in the plaint aforesaid , and by his said atturney required process to be made to him upon the same : and it was commanded by the said i. b. esq sheriff of the said county to all , and singular his bayliffes , joyntly and severall , and their deputies , that they or some of them should do justice to the said c. d. so that he should be and appear at the next county court to be holden at the castle of y. on munday the 20 th . day of september , then next in the year aforesaid , to answer the said a. b. in the plaint aforesaid , at which day came the said a. b. by his atturney aforesaid , and offered himself against the said c. d. in the plaint aforesaid ; and then and there came i. p. one of the bayliffes in the county aforesaid , of the said i. b. sheriff of the county aforesaid , and returned the said precept so directed as aforesaid , served and executed on him : and the said c. d. did essoyn , because he could not come untill the next county court , to be holden at the castle aforesaid , at which said next court ( viz ) on munday the 18 th . day of october , then next following in the year abovesaid came the aforesaid a. b. by his atturney aforesaid , and offered himself against the said c. d. in the plaint aforesaid , and the said c. d. then and there came in his proper person to answer the aforesaid a. b. in the plaint aforesaid , and put in his place i. r. his atturney against the said a. b. in the plaint aforesaid , and by his said atturney desired of the said court , that the said a. b. should declare against him upon his said plaint : and thereupon the said a. b. by his atturney aforesaid declared against the said c. d. upon the plaint aforesaid , in manner and form following . y ss . a. b. by vertue of a writ of justicies by s. d. his atturney complains of c. d. of an action of trespass and assault , for that the said c. d. the 10 th . day of october in the year &c. at the castle y. &c. in and upon the aforesaid a. b. did make an assault and affray , and him did beat , wound , & evil intreat , so that he did despair of his life , and other harms did do unto him to the great damage of the said a. b. wherefore the said a. b. saies he is damnified to the value of xxl. and thereupon brings this action , &c. whereupon at the same court , at the request of the defendant , day was given to the said parties in the plaint aforesaid , till the next county court , to be holden before the suitors aforesaid , on munday the 15 th . day of november then next following , saving to the defendant &c. at which day at the said court before the suitors aforesaid , holden at the castle of , y. aforesaid , came as well the said a. b. by his atturney aforesaid , as the said c. d. by his atturney aforesaid , and then and there the said i. b. esq was removed from the office of sheriff of the county aforesaid , and r. l. esq was duely elected , and did enter into the said office of sheriff , of the county of y. aforesaid , whereupon at the same court at the request of the parties , further day was given to the said parties in the plaint aforesaid , untill the next county court , on munday the 13 th . day of december , then next following in the year abovesaid , to be holden before the suitors aforesaid , saving to the parties &c. at which day at the said court before the suitors aforesaid , holden at the castle aforesaid , came as well the said a. b. by his said atturney , as the said c. d. by his atturney , aforesaid , and the said c. d. by his atturney aforesaid , came and defended the injurie when &c. and the said atturney said that he was not informed by his said clyent of any answer for him the said c. d. to the said a. b. in the plaint aforesaid to be given , whereby the said a. b. did remain against the said c. d. thereupon without defence , for which the said a. b. ought to recover against the said c. d. his damages by occasion of the trespass , and assault , and wounding aforesaid , but because it was not known to the court , what damages the said a. b. had sustained by reason of the premisses : therefore at the next county court holden at the castle of y. aforesaid , in the county aforesaid , before the suitors aforesaid , upon munday the 10 th . day of january then next following in the year aforesaid , it was required by the oathes of i w. rs. sg . ml . tp . &c. twelve good and lawfull men of the county aforesaid , being present in the court , and in the full county sworn to inquire what damages the said a. b. sustained by occasion of the trespass , and assault , and wounding , say upon their oathes , that the said a. b. hath sustained damages by occasion of the trespass , and assault , and wounding to xl. and for his costs and charges by him in that behalf expended to 2d. therefore it was considered by the said court that the said a. b. should recover against the said c. d. his damages and costs aforesaid , by the jurors aforesaid in forme aforesaid assessed , and also fourty shillings by the court aforesaid , to the said a. b. by his assent for increase of costs to him adjudged , which said damages and costs do amount to 12l. and 2d. and the said c. d. in mercy &c. in testimony &c. the nature of an accedeas ad curiam . this writ issues out of the upper bench , or common pleas , directed to the sheriff , commanding him to go to such a court of some lord or franchise , as court bason or the like , ( being no court of record ) where a plaint is sued , or a false judgment is supposed to be given in some suit , which hath been in the court ; and by this the sheriff is there to make record of the same suit , in the presence of the suitors of the same court , and four lawfull men of the county : and of this he is to make certificate into the court above , at the day appointed by the writ : f. n. b. 71. plowden . 74. finch . 444. this writ cannot be had without shewing some cause for the removall of it : as that a free-hold is in question there , or some forraign plea is pleaded not triable in that court , or such like , f. n. b. 70.119 . the county clarke is to make a warrant upon the writ in this manner viz. yo. ss . # j b. esquire , sheriff of the county of y. to the steward and bayliff of the court of honour of p. greeting . i command you by vertue of a writ to me directed , that you take with you four discreet , and lawfull freeholders of the county aforesaid , and that you go to the court aforesaid , and in full court there cause the plaint to be recorded , which is in the same court without writ between r. s. and g m. of a certain trespas upon the case brought by the said r s. against the said g m. as is said . and that you certifie the record to me , so that i may have the same before the justices of the common bench at westminster , from the day of the holy trinity , in fifteen dayes under your seals , and the seals of four lawfull men of the said court of those that shall be present at the record , and that you prefix the same day to the parties , that then they be there ready to proceed in the said plaint as shall be just , and have you the names of the said four men , & this warrant ; fail not hereof , &c. given under the seal of my office this 2 d. day of june in the year of our lord 1656. # by the sheriff . ss . the court barron of g s. j k. &c. holden at p. for the honour of p. the 12 th day of june in the year of our lord 1656. before j h. t h. j g. and r h. suitors of the said court. # r s. complains against j n. in a plea of trespas upon the case , to the damage of xxxs. by vertue of this writ to me directed at the court aforesaid holden the day and year abovesaid , in full court there to be recorded , i have caused the plaint , of which within is made mention , which plaint doth appear above written ; and that record i have returned sealed with my seal and the seals of the aforenamed four lawfull men , being in the said court present at the said record ; and to the parties within written . i have prefixed the day , in the writ specified , that then they be ready to proceed , as just it may be in the said plaint , as within to me is commanded . wo. steward . suitors . j h. t h. j g. r h. by vertue if this writ to me directed in form within written , i came to the court within written , and in that full court to be recorded i caused the plea within written ; and the record as it appeareth in a schedule to this writ annexed , i have before the justices at the day and place within contained , under my seal , and the seals of t r. &c. four legall men of my shire of those who at the record present were , and to the parties , &c. by vertue of this writ to me directed , and in my proper person having taken with me r s. &c. good and lawfull knights of my county , i came to the court baron of g s. j k. &c. holden at p. for the honour of p. to record the plea within written , at the day and place within contained , as within to me is commanded ; whereupon the suitors of the court aforesaid at p. aforesaid , in full court , me the within written sheriff the said writ there to execute , or as to the said plea in any manner to intermit , altogether denyed ; for which execution of the writ aforesaid make i could not . the return of a writ for the election of a coroner , after the death of another . at my county held such a day and year in full county aforesaid , by vertue of this writ of the assent of the same county in the place of r o. within named , who deceased is , i have chosen a coroner , viz. j m. who ( as the manner is ) hath taken his oath corporall , that he will do and keep those things which to the office of coroner in the country aforesaid , belong to be done , as within , &c. the return of the writ of exigent . by vertue of this writ to me directed , at my county held at the castle of y. in the county of y. within written , on munday , &c. the year , &c. within written , j c. and the rest of the defendants within named ( if there be above two in the writ ) first were exacted and appeared not at my county of y. there holden on munday , &c. the year aforesaid ; the aforesaid j c. and the rest of the defendants within named the second time were exacted and appeared not at my county of y. there holden on munday , &c. the year aforesaid the aforesaid j c. and the rest of the defendants within named the third time were exacted and appeared not at my county of y. there held on munday , &c. in the year aforesaid the aforesaid j c. and the rest of the defendants within named , the fourth time were exacted and appeared not at my county of y. there held on munday , &c. in the year aforesaid the aforesaid j c. and the rest of the defendants within named the fifth time were exacted and appeared not , and therefore j c. and the rest of the defendants within named by judgment of j w. and w r. gent. coroners of the common-wealth of the county aforesaid , according to law and custome of the common wealth of england outlawed are , and every of them is outlawed . j b. esquire , sheriff . by vertue of this writ to me directed , at my county held at y. in the county of y. within written on munday , &c. the year , &c. within written , the said j r. within named first exacted was and appeared not , this writ , so above indorsed to me delivered was by j b. esquire , late sheriff of the county within written , my next predecessor , in his going out from his office , as above upon the back of this writ ; and at my county , &c. as before . this writ so above indorsed , together with the writ of oliver , lord protector of &c. of supersedeas to it annexed to me delivered was by j b. esquire late sheriff of the aforesaid county , my next predecessor . if it be against a woman , she cannot be said to be outlawed , ( for the reasons i shewed before ) but waived , so that the latter part of the return must be thus , viz. therefore according to law and custome aforesaid b d. waived is . by vertue , &c. at my county , held on munday , &c. the said year , &c. within written , the aforesaid t c. the fifth time exacted was , and appeared not , and for defect of n b. and r c. coroners of the county aforesaid further thereupon to prosecute i could not . by vertue , &c. and at my county , &c. and that there were not more counties in the county aforesaid held , from the day of the receit of this writ , to the day of the return of the same , wherefore nothing done is at present . or thus , and therefore in the execution of this writ farther to be done , nothing acted is . by vertue , &c. at my county aforesaid held on munday , &c. in the year &c. within written , the aforesaid c d. the fourth time exacted was , and appeared , and brought forth to me , the writ of his highness the lord protector , &c. of supersedeas which to this writ annexed is : wherefore the execution of this writ farther to be done , i have superseded altogether . as in the foresaid writ of his highness the lord protector , &c. of supersedeas , to me is commanded . as to exact , take outlawed , or at all molest the within named j r. by vertue of this writ , to the justices , &c. within written ; at the day and place within contayned i certifie , that by vertue of a certain other writ of his highness , &c. to me directed to this annexed , i have superseded altogether , as by that writ to me is commanded . and besides j s. who hath rendred himself to the prison of , &c. of the castle of y. whose body before the justices within written , at the day and place within contained ready i have , as this writ exacteth and requireth . and besides j c. who dead is , will not appear , therefore by judgment , &c. and the aforesaid t c. waived is in presence of t r. and f w. coroners of , &c. of the county aforesaid . at the county , &c. 1 , 2 , 3 , 4. exacted he was , and hath appeared , and rendred himself to the prison of , &c. of the castle of y. where so sick he is , than for fear of death him before the justices within written , at the day and place withing contained , have i cannot . the return of the writ of proclamation . by vertue of this writ to me directed at my county of y. held at the castle of y. within written on munday , &c. the year , &c , within written , the first time to be proclaimed i caused ; and at my county of y. held at the castle of y. aforesaid , in the said county of y. on munday , &c. the year , &c. within written , the second time to be proclaimed i caused ; as also ' at the generall session of the peace held at skipton for the west-riding of the said county , within writen , thursday , viz. the twelfth day of september aforesaid the year , &c. within written , publiquely to be proclaimed i caused , that j c. and all other the defendants within named , themselves , to render to the within sheriffs of l. so that the same sheriffs have their bodyes before the justices within written , at the day and place within contayned ; as this writ exacteth and requireth . of processe in this court. processes of this court , are either originall issuing out before judgment : or judiciall issuing out after judgment . originall is a distring as , or county warrant , &c. judiciall processe is onely a fierifacias , or execution , directed to the bayliff , to levie the debt or damages , and cost of suite recovered , of the goods and chattells of the defendant , or of the plaintiff , if he be non-suite . and first of the originall processe , viz. distring as , or county warrant ; which is a precept issuing out for a debt under fourty shillings . it s form is as followeth . yo. ss . j. b. esquire , sheriff of the said county , to all and singular my bayliffs within the said county , and their deputies greeting . commanding you , and every of you , that you distrain r b. by his goods & chattells within the said county , so that he be and appeart at the next county court to be holden at the castle of y. upon munday the tenth day of july , to answer unto s d. in an action of debt . and that you then and there certifie your doings herein . sealed with the seal of my office the sixteenth day of june in the year of our lord 1656. # by the sheriff . if the defendant do not appear the next court after the distring as executed ; then farther processe issueth out against him viz. a duces tecum to cause him to appear . if not upon the first duces tecum , he appear , you may have an al. duces tecum , and a plur . duc. tec. ad infinitum , until he appear , and no other remedy here . the form is thus . y. ss . j b. esquire sheriff , &c. to all &c. greeting i command you and every of you jointly and severally , that you bring with you , and have at the castle of y. at my next county court , all those goods and chattells of r b. which late by vertue of another precept of mine to you first directed , you distrain at the suit of s d. and that you farther distrain the said r b. by his other goods and chattells in the said county , so that he be at the castle of y. at my next county court to be holden on munday the , &c. to answer to the said s d. in a plea of debt . and have you then and there this precept . given under the seal of my office the twentieth day of july in the year , &c. # if you have your distring as , or duc. tec. speciall . then thus , j b. esquire sheriff of the county aforesaid , to all my bayliffs and their deputies in and through the county aforesaid ; more especially to j b. and r s. my bayliffs in this behalf , specially deputed , greeting , &c. then proceed on as in the former . of the writ of justicies . this writ issues out of the chancery , directed to the sheriff , giving him power to hold plea in this court , in actions for fourty shillings or above . it is called a justicies , because it is a commission to the sheriff to do a man justice and right , and requires no return , unlesse the action be removed by recordare , & then the writ must be returned together with the record . the forme of the precept upon the writ is as followeth . yo. ss . g m. esquire , sheriff of the said county to all and singular my bayliffs within the said county , and to their deputies greeting . by vertue of writ of justicies of oliver lord protector , &c. to me directed : i command you and every one of you jointly and severally , that you or some of you do justice to j c. so that he be and appear at my next county court to be holden at the castle of y. on munday , &c. to answer unto e l. in an action of debt , and that you or some of you certifie your doings herein . sealed with the seal of my office the &c. # a replevin . if any goods be taken wrongfully , ( as before i have more largely declared unto you , ) then the partie grieved , may have a replevin , which must be made after this manner . yo. ss . g m. esquire , sheriff , &c. to all and every my bayliffs , &c. greeting . because g a. hath comed before me , and given sufficient security to prosecute his suite , and make return of his goods if return thereof shall be adjudged . therefore by vertue of my office , i command you , and every of you , that you or some of you replevie and deliver to the aforesaid g a. two kine , which h h. hath taken and unjustly detained against the said g a. and his pledges , and also that you summon , and take safe pledges of the said h h. so that he be and appear at the castle or y. at the next county court , there to be holden upon munday &c. to answer the aforesaid g a. in an action for the taking , and unjust detayning of his said goods : and that you or some of you then & there make return of your doings , together with this precept . given under the seal of my office &c. # and if the cattell be not delivered by vertue of the said replevin , then the plaintiff may have an alias replevin , with these words , vel causam mihi signific . which replevin must be made after this manner . g m. esquire , &c. to all & singular my bayliffs , &c. greeting , because g a. hath comed before me , and given sufficient security to prosecute his suite , and make return of his goods , if return thereof shall be adjudged . therefore by vertue of my office i command you , and every of you , as formerly i have commanded you , that you , or some of you replevie , and deliver to the aforesaid g a. two kine , ( without delay you cause to be replevied , or the cause to me you signifie werefore my mandates to you therefore directed execute you would not , or might not , ) which h h. hath taken and unjustly detained , &c. as before in the other replevin . and if the cattel be not delivered upon this replevin , nor shew sufficient cause why he did not : then the partie may have a plures repl. velcausam mihi signif . which must be made verbatim as the alias repl . was made ; and if return be made upon any of these replevins , quod averia olongat . sunt ad loca sibi ognot . ita quod averia ill ' pref : g. a. non potuit deliberar . then the plantiff may have a withernam , which must be made in this manner . g. m. esq &c. to all , &c. greeting ▪ because g. a. hath comed before me &c. ( as in the former ) i command you and every of you , as diverse times i have commanded you , that you or some of you , replevie and deliver to the said g. a. two kine which h. h. hath taken and unjustly detained , and doth unjustly detain as it is said , and that you upon diverse my precepts for replevie to be made to you directed , me hath certified , that the same two kine elongated are to places to you unknown , so that view of the same have you could not ; therefore i charge , and also command , that you take in withernam chattels to the value of the said two kine , of the chattels of the said h. h. to be delivered to the foresaid g. a. for the two kine aforesaid elongated , and also that you summon and take safe pledges of the said h. h. so that he be and appear , &c. as before in the replevin . g. m. esq &c. to all , &c. greeting . because you have at my county court held at the castle of y. on munday , &c. the year &c. to me returned : that by vertue of my warrant to you many times directed , you came to the pound of h. h. to the place where the two kine aforesaid impounded and detained were by the said h. h. and these two kine going and elongated were before your coming out of the pound aforesaid , to places to you unknown , by the aforesaid , h. h. for which the two kine aforesaid , replevie you could not ; wherefore it is considered by the court , willing to meet with the mailce of him the said h. h. that the beasts of the said h. h. be taken in withernam to the value , &c. and these to the foresaid g. a. be delivered safely and surely to be kept , untill to the same g. a. his beasts aforesaid , according to law you can replevie , and according to the tenor of my mandate aforesaid . therefore you and every of you , joyntly and severally i command that you take or . &c. the beast of the aforesaid h. h. to the value , &c. in withernam , and those to the aforesaid g. a. to to be delivered you cause , or , &c. safely and securely to be kept untill , &c. and distrain you , or , &c. the aforesaid h. h. so that he be at the castle of y , at the next county court to be held on &c. to answer the aforesaid g. a. the plea aforesaid , and the answer of this my precept known make you , &c. at the next court , given under the seal of my office , such day and year , &c. # note that when a replevinis granted , there must be a bond taken of him to whom it is granted , or of some other for him , with one or two sureties , to appear at the next court , and to prosecute his suit with effect , or else it may be prejudiciall both to the granter of the replevin , and to the executioner thereof : and the form of that bond , and condition thoreof is this . know all men by these presents , that we g. a. of skipton in the county of y. gent. and i. b. of the same town and county yeoman , am held and firmly obliged to g. m. esq sheriff of the county aforesaid , in the summe of 100 l. of lawfull money of england , to be paid to the said g. m. or his certain atturney , his executors or assigns , to which payment well and truely to be made , we bind us our heirs , executors , and administrators , firmly by these presents , with our seals sealed , dated the 10 th . day of july in the year of our lord 1656. # the condition of this obligation is such that if g. a. do appear at my next county court to be holden for the county of y. at the castle of y. on munday the , &c. next , and do prosecute there with effect his suit which he hath commenced against h. h. for the taking and unjust detaining of two kine , of the goods of him the said g. a. and do make return of the goods , if return of the same shall be adjudged : that then this present obligation shall be void and of none effect , &c. the condition , &c. that whereas g. a. hath obtained from the above-named sheriff , a replevin for the delivery of two kine and other goods distrained , and detained by h. h. and others , if therefore the said g. a. do prosecute his suit upon the said replevin with effect , and do make return of the goods , if return thereof shall be adjudged ; and also do save and keepe harmeless the said sheriff , by reason of the said replevin , to him granted as aforesaid , that then this &c. a tolt . tolt , comes from the latin word tollo , viz. to take away : it is a precept by which a cause depending in a weapentack court , or other inferiour court barron , may be from thence removed into this court ; the form is this . yo. ss . i. b. esq sheriff of the county aforesaid , to the steward , and also to the bayliff of the hundred , of h. greeting ; whereas i am informed that you are favourable , and not equall in a certain plaint , depending before you in your court , between w. a. plaintiff and r. m. defendant : therefore on the behalf of his highness the lord protector , and by vertue of my office , i command you , and either of you , that you take the plaint so depending before you in your court between the said parties , so that i may have the same at my next county court , to be held at the castle of y. on munday &c. next in the same state and condition , as it is now depending before you : and that you give notice to the said parties of the same day , that they may be there ready to prosecute the said plaint , as to justice and right shall appertain , and that in further prosecution of the said plaint in your court : you altogether supersede , and no further proceede therein , and this , &c even under the seal of my office the , &c. the. return hundred of h. ss . at the court barron , holden at w. within the hundred of h. upon wednesday the last day of july the year , &c. in the time of i. b. esq sheriff of the county aforesaid . w. a. plantiff , complains of r. m. defendant in a plea of debt , damages xx . by vertue of this precept to us directed , to be recorded and taken , we have caused the plaint depending before us in our court , betwixt the parties above named , and in the same state and condition , as it is now depending ; and to the same parties we have prefixed and given notice , that they be at the county court within written , at the day and place within mentioned , to prosecute the said plaint , as to justice and right shall appertain , and as this precept exacts and requires ; in testimony whereof we have hereunto set our hands and seals , &c. i.s. steward . t.l. bayliff . judiciall process . judiciall process issues out after judgment , either by default , or nihil dicit against the defendant ; non-suit against the plantiff : the form of judiciall process , or a fieri facia● is this . yo. ss . i. b. esq sheriff , &c. to all and singular my bayliffes , &c. greeeting . i command and you and every of you , joyntly and severally , that of the goods and chattels of t. b. you or some of you cause to be made , as well a certain debt of 30 s. which h. s. in my county court hath recovered against him ; as also 13 s. and 10 d. which to the said h. s. in the same court were adjudged for his costs and charges about his suit in this behalf expended , and have you the money at the castle of y. at my next county court , there to be holden upon munday , &c. to render to the said h. s. of the debt and damages aforesaid : whereof he is convict , and this given under the seal of my office , &c. i. b. esq sheriff &c. to all and singular my bayliffes , &c. greeting . i command you and every of you , joyntly and severall , that you or some of you levie of the goods and chattels which late were w. w. deceased at the time of his death , and now remaining in the hands of i. w. executor of the testament of the said w. w. and not administred of as well a certain debt of forty ponnds , which t. l. in my county court , by vertue of a writ of justices recovered against him : as also 20 s. which to the said t. l. in the same court was adjudged for his costs and damages , which he sustained by reason of the detaining of the said debt ; if the said i. w. executor of the testament of the said w. w. have so much goods or chattels in his hands , which were the said w. w. at the time of his death , sufficient to satisfie the debt and damages aforesaid : if he have not so much goods or chattels in his hands which were the said w. w. at the time of his death sufficient to satisfie the said t. l. of the debt and damages aforesaid ; that then you or some of you , levie of the proper goods and chattels of the said i. w. the damages and costs aforesaid , so that i may have the said moneys at my next county court , to be holden at the castle of y. &c. to render to the said t. l. the debt and damages aforesaid , whereof he is convict ▪ and this given under the seal , &c. i. b. esq &c. to all and singular my bayliffes , &c. greeting . i command you and every of you , that of the goods and chattels of t. o. you levie 20 s. which s : d. in the county court , ( according to a satute provided in that case ) were adjudged for his costs and damages , which he sustained in his own defence , in a certain plea of debt , which the said s. d. against the said t. o. of late brought , because the said t. o. did not prosecute his suit , but was thereupon non-suited and convicted : so that i may have the money at my next county court at the castle of y. holden on munday &c. next to satisfie the aforesaid s. d. of his costs and damages aforesaid ; and this , &c. given under the seal of my office , &c. i , b. esq &c. to all , &c. greeting . i command you , that you of the goods and chattels of t. c. you levie 40 s. which to p. p. in my county court , were adjudged for his damages which he sustained in his own defence , in a plea of debt , by the said t. c. against him the said p. p. lately brought , whereof the said p. p. was quieted , and by verdict of his countrey , whereof the said t. c. was convict : and have you the moneys at my next county court , to be holden at the castle of y. on . munday , &c. to satisfie the said p. p. of his damages aforesaid , and this , &c. given under the seal of my office , &c. # of a scire facias . if a fieri facias doe not issue our within a year and a day , after judgment entered ; it cannot be had , till there be a scire facias first sued out , to summon the defendant to shew cause why execution should not be done , and if now he neglect to answer , or cannot be found to be summoned , then a second judgment shall be given , that that execution be done on the first judgment . if judgment be given against a testator , albeit it be within a year after the judgment had , yet there must first issue out a scire facias , against the executor or administator ( before execution ) to shew cause why it should not be had . or if a man recover against a woman sole , and she become covert , viz. take a husband within the year and the day : then he that shall recover must have a scire-facias against the husband . scire facias , post diem & annum . yo. ss . j. b. esquire sheriff , &c. greeting . whereas w. f. of late in the court of the aforesaid county , by judgment in the said court , of the county aforesaid , held at the castle of y. on munday the tenth day of febr. 1654 , before the suitors of the said court , recovered against g l. aswell a certain debt of xxxij s. which the said w f. in the same court , recovered against him , as 13 s. and 10d. which to the said w f. in the same court was adjudged for his damages which he sustained by the occasion of the detaining of the debt , of which he is convicted . for as by the proceedings from thence in the same court residing , notwithstanding the manifest execution of the aforesaid judgment remaines to be done as by insinuation , the aforesaid w f. hath recovered . and because that i will that those things which were in the said court be rightly done to demand due of the said judgment . therefore i command you , that by honest and lawfull men of my bayliwick , you give notice to the aforesaid g l. that he be at the castle of of y. at my next county court , there to be holden upon munday the third day of may next to shew if he have any thing to say , or no , why the said w f. ought not to have his levie or execution against him according to the force , form and effect of the said recovery , if it seem expedient to him , and have you then and there the names of them , by whom you give him notice , and have this precept , &c. given under the seal of my office the fourth day of april , in the year of our lord 1656. # scire facias against an executor , after judgment against the testator . yo ss . i. b. esquire sheriff &c greeting . whereas n. n. late in the county court of the said county held at the castle of y. on munday , &c. before the then sheriff of the said county , by judgment of the said court had recovered against n n. as well a debt of fourtie pounds , as twenty two shillings and two pence costs , for his damages which he sustained by reason of the detaining of the said debt ; wherefore he is convict , as appears by the procedings remayning in the said court. and whereas the execution of the said judgment yet remaineth to be done , and the said n n. since the giving of the judgment aforesaid is dead , as by the intimation of the said r. i am informed . and because i am willing that those things , which are rightly done in the said court , should be duly put in execution ; i command you that by honest and lawfull men of the said county , you make it known to f n. executrix of the testament of the said n n. that she be at the next county court to be holden for the said county at the castle of y. on munday , &c. to shew if she have any thing , or know what to say , why the said r. ought not to have his execution against her of the debt and damages aforesaid , to be levied of the goods and chattells which were of the said n n. at the time of his death , and further to do and receive &c. given under the seal of my office , &c. # venire facias . yo. ss . j. b. esquire , sheriff of the county aforesaid to the bayliff of the hundred of o. or his deputie greeting . i command you , and every of you , that you cause to come before me , or my lawfull steward , by me appointed for the county court , to be holden at the castle of y. on munday , &c. all those severall persons mentioned in the pannell hereunto annexed , to trie such severall issues between party and party , as shall then and there be given them in charge . and hereof you must not fail , as each of you will answer the contrary at your perills , together with this precept . given under the seal of my office , &c. # or thus . j. b. esquire , &c. these are to require you the said bayliff , to cause to come twelve good and lawfull men of your bayliwick , that they be and appear at the next county court holden at the castle of y. on munday , &c. next ensuing to try an issue joyned between a b. plaintiff , and c d. defendant , concerning a plea of debt . ( or as the case is ) and this given , &c. subpoena , al. dict . a warrant ad testificand . j. b. esquire , sheriff of the county aforesaid , to j. b. j. g. &c. greeting , to you , and every of you i command , that ( all excuses and delayes being set appart ) you and every of you be and personally appear at the next county court holden at the castle of y. on munday the tenth day of june next to testifie the truth according to your knowledge in a certain action there depending , between a b. plaintiff , and c d. defendant , on the part and behalf of the plaintiff , in an action of debt . and hereof fail you not , under the forfeiture of 100l. each of you . and this given under the seal of my office the , &c. # a precept upon a proclamation . yo. ss . i. b. esquire sheriff , &c. to the bayliff of the hundred of b. and to his deputies , greeting . by vertue of a proclamation upon exigent to me directed , i command you and every of you , that you or some of you make two severall proclamations . the one to be made at the generall quarter sessions of the peace to be holden for the north-riding of the county of y. and the other to be made at the parish church after divine service ▪ where the severall persons under-written live , and that they and every one of them yeeld their bodyes to me the sheriff of the said county , where the exigent lyeth , to answer the person , at whose suite the exigent is against them . and hereof fail not at your perill . given under the seal of my office the 22 th . day of august in the year of our lord 1656. at the electing of the coroner , he is to be sworn in court , by the county clark , for the due execution of his office. in this manner . you shall swear , that you well and truly shall serve his highness the lord protector and the common-wealth in the office of a coroner : and as one of his highnesses coroners of the county of y. and therein you shall truly and diligently do , and accomplish all and every thing and things appertaining to your office , after the best of your cunning , wit , and power , both for the profit and good of the inhabitants within the said county , taking such fees ; as you ought to take by the lawes and statutes of this commonwealth , and no otherwise ; so help you god. a warrant of atturney . to s d. one of the atturneys of the county court , for the county of y. &c. i a b. do hereby desire you and do give you full power , license and authority , to appear for me , and for , &c. in the said court on munday , &c. in an action of debt , for &c. at the suite of e d. upon an obligation conditioned for the payment of , &c. in which said obligation i stand bound as principall . and this shall be your sufficient warrant in that behalf . in witness , &c. a deputation , for a bayliff of an hundred . i. b. esquire , sheriff of the county of y. to all christian people to whom these presents doth or may concern , greeting . know ye that i the said sheriff , have deputed , constituted , and appointed r. d. of a. in &c my lawfull bayliff and deputie within the hundred of b. in the north-riding of the county of y. aforesaid , to have and execute the said office of bayliff within the said hundred , or elsewhere , within the said county of y. or as occasion shall require it , during my pleasure only and no longer : and to receive and take to my use all fees as well for distress , attachment , and perquisites of courts , and other profits due and accustomed whatsoever to the said bayliwick belonging , or in any wise appertayning ; and whatsoever my said bayliff shall lawfully execute and doe in his said office , i do hereby warrant , ratifie and confirme , as my own act and deed . in witness whereof i have hereunto set the seal of my office this seventh day of july , in the year of our lord 1656. #   s. d. distringas or county-warrant , 0 8. bayliff fee for serving , 0 4. duc. tec. 0 8. fee to the bayliffs for serving , 0 4. warrant of atturney , 0 2. a speciall distringas , 1 8. duc. tec. speciall , 1 8 writ of justicies , 2 6. precept upon the writ , 2 4. fee to the bayliff for serving , 2 0. a speciall precept upon the writ , 4 4. warrant of atturney upon it , 0 4. a replevin , 2 4. the bond , 1 0. a speciall replevin , 5 4. bayliffs fee for serving , 2 0. essoyne for every name , 0 4. drawing declaration . 1 0. imparlance , 1 0. coppy of the declaration , 1 0. answer and allowing , 2 0. replication and allowing , 2 0. rejoynder and allowing , &c. so of the rest , 2 0. rule , 0 4. default , 0 4. non-suite , 0 4. dividing a plaint , for every name that is divided , 0 4. subpoena , or warrant ad testif . 0 8. venire facias , 2 0. if tryed for the habeas corpora 2 0. fee to the bayliff , 2 0. judgment , 2 0. fieri facias , 2 0. bayliffs fee for executing , 2 0. al. fieri facias . 2 0. scire facias , 2 0. fee to the bayliff for executing , 2 0. transcript upon a plaint , 1 8. transcript upon a writ of justic . 3 4. tolt , 1 2. precept upon an acced . adcur . 2 4. recordare allowing , 4 0. pone allowing , 4 10. writ of false judgment allow . 6 8. supersedeas , 2 4. procedendo , 2 0. the order of judges at the assizes at york , 24 th . day of july , 1654. concerning essoynes illegally returned into this court. whereas of late judgments have been surreptitiously obtained in this court by reason of essoynes unduely brought into the court , by bayliffs or their deputies , and others , after attachment of goods for appearance , which pretended essoynes , being afterwards disavowed by the defendants , have occasioned sundry complaints , and suites when the defendants goods were taken in execution , for preventing whereof , it is ordered upon advice and consultation had with the judges of assize at y. this day , that henceforth no common essoyne shall be entered and allowed by the court to save a default , unless it be warranted in writing , under the proper hand-writing , or under the hand , seal , or mark , of the defendant , thereby specially authorized , the partie being the essoyner to cast such essoyne for him , and in his name ; for the truth of which subscription , or sealing , the same essoyne is to be sworn in open court , and no essoyne is to be admitted , or received from henceforth being not affirmed and sworn unto , and so entered upon the back of the warrant of attachment , which is to remain upon the file amongst the rolls or proceedings of the court , and if any other person ( not being a bayliff ) shall be the essoyner , he is to bring the like warrant from the defendant in writing as is aforesaid , and be sworn for the truth thereof , which is to remayn in court as aforesaid ; and no judgment shall be given where there is no other appearance but an essoyn : unlesse the essoine shall appear to be warranted as aforesaid . some select presidents of declaratins and pleadings incident and belonging to this court. debt . executor against an executor a bill . county court ss . # e. f. executor of the last will and testament of j f. deceased , by vertue of a writ of justicies to the sheriff of the county aforesaid directed , by j s. his atturney complains of m w. executor of the last will and testament of r w. late of t. in the county of y. husbandman deceased , otherwise called r w. late of t. of y. husbandman deceased , of a plea , that he render unto him 7. of , &c. which he unjustly detaines from him , &c. for that whereas the said r w. in his life time , that is to say , the xx th day of , &c. year , &c. at the castle of y. in the county of y. and within the liberty and jurisdiction of this court , by his bill obligatory , sealed with his seal , and here in court produced , bearing date the day and year abovesaid , acknowledged himself to be indebted to the said j f. in his life time , the whole and just sum of 7l. of &c. to be payd to to the said j f. his heirs , executors , administrators , or assignes , upon the third day of may next ensuing the date of the said bill ; and for the payment thereof , the said r w. then and there bound himself , his executors , administrators and assignes . neverthelesse the said r w. in his life time , though often thereunto required the said 7l. to the said j f. whilst he was living , hath not paid , neither hath the said m w. executor of the last will and testament of the said r w. after his death , payd the same to the said e f. executor of the last will and testament of the sayd j f. to which said m w.'s hands , came all and singular the goods and chattells which were the said r w.'s in his life time , sufficient to satisfie all the debts which the said r w. at the time of his death owed to any person or persons whatsoever , as also to satisfie the said e. f.'s debt ; but the said r. w ▪ whilst he lived refused to pay the same to the said i. f. in his life time , and the said m. w. likewise after the said r. w.'s death refused to pay the same to the said e. f. after the death of the said i. f. and still refuseth so to do , and unjustly detains the same , by reason whereof the said e. f. saith he is damnified to 10 l. and thereupon produceth this suit , &c. and the said e. f. produceth here in court , the said letters testamentary , by which it appears the said e. f. to be executor of the last will and testament of the said i. f. deceased &c. upon a bill to be paid at the day of marriage , and issue upon it . yo. ss . # t. n. and e. his wife , administratrix of the goods and chattels which were of i. b. deceased , complains by s. d. his atturney of i. h. of c. in the said county gent. of a plea that the render unto them 5 l. which he unjustly detains , &c. for that whereas the said i. h. ( such a day year and place ) by his certain bill obligatory , with his seal sealed , and here in court produced , the date whereof is the same day and year ; for and in consideration of one gold-ring , with a certain stone call'd a diamond , in the same ring fixed of the aforesaid . t. b. in his life time received the day of the making of the aforesaid bill , did acknowledge and grant , to and with the aforesaid t. b. in his life time , that he the said i. h. his executors or assigns , would pay or cause to be paid to the aforesaid t. b. his executors or assigns , for the same ring ( at such a day and time as he the said i. h. should be wedded or married : or at any other time after his marriage , whensoever he should be required by the aforesaid t. b. his executors , or assigns , or by him that should bring the said bill , the said summe of 5 l. to his or their use , the aforesaid time to be paid : and the same t. n. and e. in fact say , that the aforesaid i. h. after the making of the said bill , ( to wit , such a day , year , and place ) within the parish church of h. did take to wife one i. d. by which the action did accrew unto the said t. r. in his life , and to the said e. after the death of the said t. b. whilst she was sole , and to the said t. n. and e. after espousalls between them celebrated : to require and have of the aforesaid i. h. the same 5 l. yet the aforesaid i. h. although often required the aforesaid 5 l. to the aforesaid t b. in his life time , or to the aforesaid e. whilst she was sole , to whom the administration of all the goods and chattels which were of the aforesaid t b. the time of his death ( such a day , year ▪ and place , ) was committed , or to the aforesaid t. n. and e. after espousalls between them celebrated , hath not rendred , but the same to render to them hath denyed , and the same to them the said t. n. and e. as yet to render doth denie , and unjustly detain , whereupon they say they are damnified , and have damage to the value of 10 l. and thereupon they bring their action , &c. and they bring into court here the letters of administration , &c. the defendant pleads that he was within age at the time of the making of the bill . and the aforesaid i. f. by r. b. his atturney , comes and defends the force and jnjury when &c. and saves that the aforesaid n. and e. ought not to have their action aforesaid against him , because he saith that he at the time of the making of the bill aforesaid , was within the age of one and twenty years , and this he is ready to aver , whereupon he demands judgment , whether the aforesaid t n. and e. ought to have their action aforesaid against him , &c. replication . yo. ss . # and the aforesaid t n. and e. say , that they by any thing before alledged , ought not to be debarred from having their action aforesaid against the said j h. because they say , that the aforesaid j h. at the time of the making of the bill aforesaid , was of the full age of one and twenty years , and not within age , as the aforesaid j h. hath above alledged , and this they pray may be inquired of by the countrey ; and the aforesaid j h. in like manner : therefore , &c. vpon retainder for shooing of horses , &c. yo. ss . # a. b. by s d. his atturney complains of c d. of a plea &c. for whereas the aforesaid c d. ( such a day and year ) at s. &c. retained the said a b. to set on upon horse feet , of the aforesaid c d. fourty new horse-shoes , and to remove fourty horse-shoes , and to mend one paire of plow-irons , and to make one fire-shovell , to take of the said c d. for the setting on of the aforesaid fourty new horse-shoes , and fourty romoves , xxi s. and so of the other parcell to contract to be paid to the said a b. when he should be thereunto required , by vertue of which retayner , the said a b. the said fourty new horse-shoes , and fourty removes upon the horse-feet of him the said c d. did set on , &c. by which action acrewed , &c. hil. 37 eliz. rot. 517. vpon an account . county court ss . # e b. complaines of t a. of a plea , that he should render unto him 12l. of &c. which she owes , and unjustly detaines from him , for that , whereas the third day of may , 1651. at , &c. the said e b. and the said t a. accompted together , for and concerning diverse smms of money , then and before that time due , and owing , by the said t a. unto the said e b. and upon that account , the said t a. then and there did acknowledge himself to be in arreare and owing unto the said e b. the sum of 12l. to be payd unto the said e b. when he the said t a. should be thereunto requested . yet notwithstanding , &c. money lent by joynt partners for a certain time , and to be payd to the survivour . yo. ss . # r. k. by , &c. complaineth of w a. upon a plea that he render unto him xx s. of lawfull english money , which he oweth unto him , and unjustly detayneth , &c. for that whereas the last day of february 1651. at the castle , &c the said r k. and one r w. now deceased , being joynt partners of moneys and other commodities ; did lend unto the said w a. 3l. of lawfull , &c. to be paid to them or the survivour of them on easter monday then next following ; of which said 3l. the said w a. payd to the said r k. and r w. in his life time the sum of fourty shillings , and there then remayned unpayd the sum of xx s. since which , and about the nativity of christ 1652. the said r w. dyed , and the sayd r k. him survived , whereby action doth a crew to the said r k. alone to have and demand of the said w a. the said xxs. notwithstanding the said w. a. though often thereunto requested the said xx s. to the said r k. hitherto hath not rendred , but the same to render hitherto hath refused , and yet doth refuse , whereupon the said r k. saith , that he is worse , and hath damage to the value of xxxix s. and xi i , and thereupon produceth this suite . &c. for rent in arreare . yo. ss . # r. m. by , &c. complaines of h d. of a plea that he render unto him xxx s. of , &c. which he owes unto him , and unjustly detaines from him . for that the said r. m. the tenth day of apr. year , &c. at the castle , &c. demised , granted , and to farme let unto the said h d. one cottage or dwelling house , one garth , and foure acres of arable land , meadow or pasture , with the appurtenances be they more or lesse lying and being at w. in the county aforesaid , to have and to hold the said cottage or dwelling house , garth , and arable land , meadow or pasture with the appurtenances , unto the said h. d. and his assignes , from the annunciation of the blessed virgin mary commonly called lady day , then last past , for and during the terme of three years then next following , fully to be compleat , finished and ended , yeelding and paying therefore yearly rent , for the said promises to the said r m. for the first year of the said three years , the rent of 3l. present money , and in land to be payd to the said r m. and 3l. 10 s. of &c. yearly to be payd to the said r m. for the other two years residue of the said terme , at the feast of st. michael the archangell , and the annunciation of the blessed virgin mary , by even and equall portions . by vertue of which demise , the said h d. entred into the said cottage or dwelling house , and was and still is possessed of the same : and because xxxv s. for the half year rent ended at the feast of st. michael the archangell , in the year , &c. is in arreare and unpayd unto the said r m. therefore an action doth accrew to the said r m. to have and demand of the said h d. the said xxxv s. neverthelesse the said h d. although he hath been often required the said xxxv s. the same to the said r m. he hath hitherty denied to restore and pay , and as yet doth deny to restore and pay ; to the damage of the said r m. of xxxix s. and therefore he brings this suite , &c. for servants wages . county court. ss . # a w. by , &c. complaines of r s. of a plea that he render unto him xxiiii s. of &c. which he owes unto him & unjustly deteyns from him . for that whereas the said j d. that is to say , the day , year , &c. at the castle , &c. retayned the said a w. to serve the said j s. in the place of a man-servant , till the feast day of st. martin the bishop in winter , then next to do and execute the lawfull occations , and commands of the said j s. by the time aforesaid , paying therefore the said a w. xiid . of , &c. which the said j s. then and there payd to the said a w. and also xxiiii s. more of , &c. for his sallary , during the said time , at the said feast of st. martin in the year , &c. aforesaid . and the said a w. in fact saith , that he according to the said retainder , did serve the said j s. in the place of a man-servant , and did , and executed the lawfull commands , and occasions , of the said j s. by the time aforesaid , and that xxiiii s. for his salary for his said service by the time aforesaid , due at the feast of st. martin the bishop , in winter , 〈◊〉 the year &c. above mentioned , is yet arreare and unpayd by the said j s. to the said a w. by which an action accrews to the said a w. to have and require of the said j s. the ●●●d xxiv s. nevertheless the said j s. ●hough often required , &c. for not setting forth of tythes . yo. ss . # r. h. farmer of all and singular , the tythes of hay growing within the parish of f. in the county of y. by vertue of a writ of justicies , by r n. his atturney ) complaines of t w. upon a plea that he render to him 6l. of , &c. which he oweth to him & unjustly detaines . for that whereas the said t l. the day , year , &c. at f. aforesaid , in the county aforesaid , &c. was possessed and occupied of and in four acres of meadow in f. aforesaid , and parish aforesaid , and being so possessed , he the said t w. did then and there cut down the grasse growing in and upon the said four acres of meadow , and two loads of hay there , coming to the value of 40 s. then and there did take and carry away , before he the said t w. had set out , and severed the tythes , or tenth part thereof from nine parts of the same , or agreed for the said tythes , or tenth part thereof which the said r. against the form of the statute in the fifth year of e. 6. in such like case made and provided . whereupon action doth acrew to the said r h. to have and demand of the said t w. the said 6l. ( that is to say ) the treble value of the said hay so carryed away . yet notwithstanding the said t w. though often requested , &c. upon an award . r. h. by vertue , &c. by e b. his atturney doth complain of h s. of a plea that he render to him 10l. of , &c. which he oweth him , and unjustly detayneth , &c. for that whereas as the xxvth day of a. in the year , &c. at the castle , &c. it was concluded & agreed betwixt the said h s. on the one partie , and the said r f. on the other partie , that they and both of them should stand and abide , the order , dome and judgment of j d. and m l. of all and every the suites , troubles , differences , debts , trespass or whatsoever hath formerly been in any kinde of dealing betwixt them two from the beginning of the world , to the day of the date of the said writing , being the said 25. day of a. or else one or either partie not standing thereto , to forfeit to the other parties the sum of 10l. of , &c. and for confirmation thereof , they did both of them set to their hands and seales the day and year first above written , at the castle aforesaid , &c. as by the writing thereof , ( ready to be shown to this court ) may appear . and whereas afterward , that is to say , the day , year , &c. at the castle , &c. the said j d. and m l. taking upon them the charge of the premises , by their order in writing , bearing date the same day and year , last above mentioned , and here in court to be shown , did arbitrate , order and award , that the said r f. should deliver to the said h s. one parcell of starch then into the hands of the said r f. and the bag wherein the starch is put affirmed to be the goods of the said h s. upon the sight of the said order . and further , they did thereby order and award , that the said h s. should pay or cause to be payd to the said r f. upon the sight of this order the sum of fifty shillings of , &c. and that all those suites , debts , trespasses , or debates whatsoever from the beginning of the world untill the said 25 th day of a. the year , &c. should utterly cease , and have an end ; or else the partie not standing to the same to forfeit as in the said order is expressed , the sum of 10l. as by the said award sealed the said day , year , &c. by the said arbitrators , and here in court ready to be shown , may appear . and the said r f. in fact saith , that though he hath performed all things in the said award , on his part to be performed : yet the said h s. hath not performed any thing in the said award on his part to be performed . and namely for that the said h s. hath not payd to the said r f. upon the sight of the said order , being the day , year , &c. at the castle , &c. the sum of 50 s. of , &c. whereby action doth accrew to the said r f. to have , and demand of the said h s. the said 10l. the said h s. notwithstanding , though often thereunto requested the said 50 s. to the said r f. hath not yet payd , but the same to pay sc . for atturney's fees. yo. ss . # r a. gentleman , &c. by t s. his atturney doth complain of w p. of a plea , that he do render unto him 1l. 17 s. 2d. of , &c. which he doth owe unto him , and unjustly detaines from him ; for that whereas the said w p. the day , year , &c. at the castle of y. &c. did retayn him the said r a. to be the atturney of him the said w p. in the county court holden at the castle of y. in the county of y. before the suitors of the same court to prosecute as the atturney of him the said w p. for him the said w p. in a certain action , in the name of him the said w p. against one t c. of a plea of debt , from the said day and year , &c. so long as should please both parties , taking for his fees and paines in that behalf sustayned every court day , in which he the said r a. should be the atturney of him the said w p. in the said cause 2 s. of lawfull , &c. besides his other reasonable charges ▪ and expenses by him the said r a. in and about the prosecution of the said action to be layd out . by vertue of which said retainer the said r a. was the atturney of him the said w p. for eight court dayes then next following ; and that he did lay out to the clark and other offices of the said court , in and about the prosecution of the said suite 1l. 1 s. 2d. of , &c. which together with the 16 s. for his fees for the said court dayes , doth in all amount to 1l. 17 s. 2d. of &c. by reason whereof an action doth accrew to the said r a. to have and recover of him the said w p. the said 1l. 17 s. 2d. yet the said w p. although often requested the said , &c. to the said r a. he hath not rendred ; but to render the same to him he hath altogether hitherto refused , and doth yet refuse : to the great damage of him the said r a. whereupon he saith , that he is damnified , and hath damage to the value of xxxv s. and thereupon he brings this suite , &c. for coales promising to pay so much as they should reasonably be worth . i i. by &c. complaines of r r. of a plea of trespars upon the case , &c. for that whereas the said r r. the day , year , &c. at the castle , &c. in consideration that the said j j. at the request of the said r. r. had bargained and sold unto the said r r. eleven wains loads of coales ; he did assume upon himself , and to the said j j. then and there faithfully promise , that he the said r r. so much as the said eleven wain loads of coales should be reasonably worth unto the said j j. when he should be thereunto requested would well and faithfully pay and content . and the said j j. in fact saith , that the said eleven wain loads of coals was reasonably worth xxxiii s. of &c. yet notwithstanding the said r r. not regarding his promise , and assumption aforesaid , but subtilly and craftily intending to defraud and deceived the said j j. in the premises , although he hath been often requested the aforesaid xxxiii s. unto the said j j. he hath not payd , but the same unto him to pay altogether hitherto he hath refused , and as yet doth refuse , contrary to his promise and assumption aforesaid ; to the great damage of the said j j. wherefore he saith , he is worse , and hath damage to the value of xxxix s. and thereupon produceth suite , &c. for a horse sold warranted to be sound . yo. ss . # w. m. by r b. his atturney , complaines of r k. of a plea of trespass upon the case . that whereas the said w m. the day , and year , &c. at the castle , &c. did buy of the said r k. one black gelding for 5l. of , &c. he the said r k. then and there did warrant the said gelding to be whole , sound , and not infected with any disease or infirmitie : and the said w m. in fact saith , that the said gelding was then so infected with the glaunders , and divers other diseases and infirmities , as the said gelding was nothing worth to the said w m. to the damage of the said w m. of xxxix s. and thereupon he brings this action , &c. for a horse lent promising to redeliver him , &c. yo. ss . # j. r. complains of j a. of a plea of trespass upon the case , &c. that whereas the said j a. the day , year , &c. at the castle , &c. in consideration that the said j r. then and there at the instance and request of the said j a. had lent and delivered unto the said j a. one bay nag of the price of 6l. to be redelivered to the said j r. when after that he should be thereunto requested , the said j a. assumed upon himself , and to the said j r. then and there faithfully promised , that he the said j a. the said bay nag unto the said j r. when after he should be thereunto requested , would faithfully restore and deliver , and also xiid . of , &c. for every day wherein the said j a. should labour or ride the said nag , to the said j r. when after that he should be thereunto requested , well and faithfully would pay & content . and the said j r. in fact saith , that he the said j a. fourty dayes did labour or ride the said nag . nevertheless the said j a. his promise and assumption aforesaid not regarding , but craftily and subtilly intending , to defraude and deceive the said j r. in the premises , although the day , year , &c. abovesaid , as also at diverse dayes and times after that , and before the commencement of this suite , at the castle , &c. he hath often been requested to deliver the said nag , to the said j r. but the said nag to restore or deliver , to the said j r. he hath not delivered , and the same to restore or deliver he hath altogether refused , and yet doth refuse , no nor fourtie shillings for the labour or hire of the said nag , the said fourty dayes , to the said j r. hath not paid , but the same to pay he likewise hath refused , and still doth refuse , contrary to his promise and assumption aforesaid , to the great damage of him the said j r. of , &c. for adgysting of beasts . county court. ss . # t. b. complaines of j s. upon a plea of trespass upon the case ; for that whereas the day , year , &c. at the castle , &c. in consideration that the said t b. at the speciall instance and request of j d. in his life time , would depasture and feed two oxen of the said j d. in the ground of the said t b. in a. within the said county , &c. from the said day , year , &c. unto the end of one month next following , he the said j d. in his life time , did assume upon himself , and to the said t b. then and there faithfully promised , that the said j d. as much as the said depasturing , and feeding , should be reasonably worth to the said t b. when he the said j d. should be thereunto requested well and truly would content and pay . and the said t b. in fact saith , that he from the said day , yeare , &c. unto the end of one moneth then next following did depasture , and feed the said two oxen of the said j d. in the said ground of the said t b. in a. aforesaid , and that the said depasturing and feeding was reasonably worth xii s. of &c. yet notwithstanding the said j d. in his life time , and the said j s. after the death of the said j d. the promises and assumptions of the said j d. not regarding , but endeavouring , and fraudulently intending , the said t b. in this behalf craftily and subtilly to deceive and defraud ; the said xii s. or any penny thereof , to the said t b. as yet hath not payd , not for the same any way contented , but the same to pay the said j d. in his life time , and the said j s. after his death hath refused , and as yet doth refuse : although the said j d. in his life time , afterwards , that is to say , the day , year , &c. at the castle , &c. was thereunto requested ; whereupon the said t b. saith , he is worse , & hath damage to the value of xxx s. and thereupon produceth suit , &c. for curing a wound . yo. ss . # a. s. complains of w. h. in &c. for that whereas the said w. h. the day , year , &c. at the castle &c. being then and therefore wounded in his throat and back , with the stab of a knife ; in consideration that the said a. s. at the speciall instance and request of the said w. h. would to the best of his art and skill of a chirurgeon , endeavour to cure the wound of the said w. h. and take pains and labour therein , he the said w. h. did assume upon himself , and to the said a. s. then and there faithfully promised , that he the said w. h. so much as the said endeavour , labour and pains of him the said a. s. to cure the said wounds of the said w. h. and his charges and pains there in should be reasonable worth , unto the said a. s. when he should be thereunto required . would well and faithfully pay and content . and the said a. s. in fact saith , that his endeavour , labour and pains to cure the said wounds of the said w. h. and his charges therein , was reasonably worth 30 s. of &c. nothwithstanding the said w. h. not caring for his promise and assumption aforesaid , but endeavouring and fraudulently intending him the said a. s. in this behalf , craftilie and subtily to deceive and defraud , &c. for a laborours hire . yo. ss . # m r. complains of g n. in an &c. for that whereas the said g. n. the day , year , &c. at &c. in consideration that the said m. r. then and there at the request of the said g. n. would cut down certain whins of the said g. n. then growing and being in a close called the o. lying in the town-ship of h. in the county aforesaid , and make the same whins into whin-kids or faggots , the said g. n. assumed upon himself , and to the said m. r. then and there faithfully promised , that he the said g. n. as much as would please or content him the said m. r. for his work and labour , in cutting down and kidding the said whins in the close aforesaid , as long as the said m. r. should so work and labour for the said g. n. when afterwards that he should be thereunto requested would well and faithfully pay and content . and the aforesaid m. r. doth aver and say , that accordingly , he did cut down and kid whins for the said g. n. in the close aforesaid by the space of one whole day then next after , and that he well deserved 12 d. of &c. for his wages , for his day-work , and labour , and that 12 d. is a reasonable summe to please and content him for his said day-work & labour , in cutting down and kidding of the said whins as aforesaid ; yet notwithstanding the aforesaid g. n. his promise and assumption aforesaid , little minding or regarding , but craftilie and subtlely intending to deceive and defraud the said m r. in the premisses , although &c. in consideration that the plantiff would deliver unto one e. l. certain mercerie wares , if he did not pay for them , the defendant would . yo. ss . # p. b. esq by vertue of a writ , &c. doth complain of h.s. of an action , &c. for that whereas , the day , year , &c. at the castle , &c. in consideration that the said p. b. ( being then and yet a mercer of the citie of y. would deliver unto e. l. for the use of the said e. l. such parcells of mercery wares , as he the said e. l. should take up and receive of the said p. b. he the said h. s. did assume upon himself , and to the said p. b. then and there did faithfully promise , that if the said e.l. should not pay and satisfie the said p.b. for the said wares at such rates and prizes , as the said e. l. and the said p. b. should agree upon , that he the said h. s. would well and truely pay and satisfie unto the said p. b. all such moneys as the said e.l. and p.b. should agree upon for the rates and prizes of the said wares , betwixt the said day , year , &c. and may-day then next after ; and the said p. b. in fact saith , that afterwards , that is to say , the day , &c. and year aforesaid , at the castle &c. aforesaid , the said e. l. did take up and receive of the said p. b. mercerie wares , hereafter following ( that is to say ) 7. yards of black flanders-searge , for 38 s. and five yards of italiana , for 26 s. of lawfull , &c. both which rates and prizes were then and there agreed upon , between the said e. l. and the said p. b. and did amount to the summe of 3 l. and 4 s. of &c. which said summe of &c. or any penny thereof the said e. l. hath not yet paid , or satisfied to the said p. b. notwithstanding the said h. s. his promise and assumption aforesaid , not regarding , but endeavouring , &c. slander for calling the plantiff thief , &c. yo. ss . # e.r. complains of ● . s. of a plea , &c. whereas the said e.r. is a good , true , faithfull , and honest member of this common-wealth of england , and of a good name , report credit , conversation , condition , reputation and esteem , as well amongst his neighbours ( and faithfull members of this common-wealth ) as also other honest persons to whom the said e. r. hath been known from the time of his birth , and hath been noted , esteemed , and reported , and without any stain , blemish , or suspition of theft , falsehood , deceit , fraud or of any other notorious crime , he hath carryed and behaved himself , all his life time free , untouched , and not in the least wise suspected . nevertheless the aforesaid g. s. not being ignorant of the premisses , but out of his meere mallice , evilly intending , not onely the good name , report , opinion , credit , esteem and reputation , of the said e.r. to hurt , wound , detract , & utterly to destroy , but also to bring the said e. r. into trouble , vexation and infamie , the day , year , and place , &c. in the county aforesaid , false , faigned , mallicious and scandolous words , to the said e r. and of the said e r. in the presence and hearing of many honest and credible men , openly and publiquely , did speak and publish in these words following . thou ( meaning the said e r. art a thiefe , ) and i ( meaning the aforesaid gs . ) wil prove thee ( meaning the said e r. ) a thiefe , and a horse-stealing thiefe from thy cradle . by reason and means of which false , feigned , scandalous , and malicious words declared and published as aforesaid , the aforesaid e r. is much hurt , wounded and damnified in his good name , report , credit and reputation aforesaid ; in which before that time with very many honest and faithfull members of this common-wealth he was reputed , and also the said e r. into great discredit , suspion and infamy , with many faithfull and honest persons is thereby induced and brought , so that divers persons , who before that time did accompany , respect , and much esteem the aforesaid e r. themselves from the company , and society of the said e r. do now withdraw , and absent themselves , and further with the aforesaid e r. to intermeddle , buy , sell , or commerce have altogether refused , and still do refuse , to the great damage of the said e r. of xxx s. and therefore he hath brought this suite , &c. for slanderously calling the plaintiff banckrupt . yo. ss . # e b. complaines of e m. in a plea of trespas upon the case ; for that , whereas the said e b. a good , true faithfull , and honest member of this commonwealth , and like a good , honest , and faithfull member of the said commonwealth , now and from the time of his nativity hitherto , without any spot or suspition of deceit , corruption , bankrupt , or fraud , or any one of them , hath carryed , behaved , and governed himself , and of good name , fame , credit and estimation , trust , and carryage , of great substance of riches , always hitherto hath been reported , and held , and honestly , justly , and faithfully , in all his intermissions , and businesses with whomsoever had and made throughout the whole time aforesaid , himself hath carryed and behaved . and whereas , he the said e b. the day , year , &c. and by the space of ten years last , and continually afterwards hitherto the art mystery or faculty of an apothecary of the city of y. exercised & used ; his living and maintenance of himself and his family , by exercising & using the art , mysterie or facultie through the whole time aforesaid , well plentifully and sufficiently had gotten and gained , and also divers great sums of money , by lawfully buying and selling , merchandising and bargaining , upon his credit of divers wares , and other things belonging to the art , mysterie , or faculty of him the said e b. to the better maintenace of him and his family , and to the great increase of his riches , justly and honestly through the whole time aforesaid had obtained , and all and singular sums for what things or merchandizes whatsoever by him or of any other persons throughout the said time , upon credit had bought or received , or by any way due , he the said e b. to any such person to him the said e b. so giving credit according to the contract and agreement betwixt them concorded and made , without fraud or delay had payd by the parcell ; of which said premises , and also by reason of his honest carriage , towards all persons , he the said e b. the chief credit , and good opinion amongst all his neighbours , and amongst very many honorable persons , and other people of the said commonwealth to whom he was known he deservedly had and gained to himself . the said e n. notwithstanding not ignorant of the premises , but the hap and condition aforesaid , of the said e b. maliciously devising , imagining , and fraudulently intending the said state , name , fame , credit , trust and estimation of the said e b. to hurt , deprive and to cause him , the said e b. to fall into want , discredit and poverty , and to be accepted and reputed of such an evill carriage , and also for a banckrupt , and a man of no credit amongst all the faithfull members of this commonwealth , that they all from the company of him the said e b. as from the consort of a banckrupt person , or man worthy of no credit , might altogether withdraw themselves , and forbear with the said e b. to bargain , sell or deal they might altogether give over , afterwards ( to wit ) on the day year ▪ &c. aforesaid at y. aforesaid these false , scandalous and opprobrious english words following of him the said e b. in the presence and hearing of diverse faithfull members of this commonwealth then and there present and hearing , falsely , maliciously and scandalously with a loud voyce said , proclaimed , pronounced and published ( to wit e b. meaning the said e b. plaintiff ) is a rogue and a banckrupt , and i ( meaning himself the said e n. now defendant ) will prove him one . by reason of the speaking and proclaiming of which said false scandalous and opprobrious words , he the said e b. not onely in his good name , fame , credit , trust and estimation aforesaid , is greatly hurt and scandalised , but also hereby doth stand deprived , and utterly spoyled , that his said neighbours and other faithfull members of this common-wealth with him the said e b. to buy , merchandize , bargain , or any way to meddle , or deal , do altogether distrust and refuse him the said c d. for a consumer , waster and detayner of other mens riches and estates , they repute and suppose h●m to be by the said e n. not onely in exercising and maintayning of his art , mystery or facultie is very much hindered , and his estate and substance is very much weakned and consumed , but also hath been constrained and compelled to lay out and spend d●verse great sums of money in clearing himself , of the premises aforesaid layd upon him , for the recovering of his good name , fame , credit , trust and estimation aforesaid , whereupon the said e b. saith , that he is made worse , and hath damage to the value of 200l. and thereupon produceth this suite , &c. in consideration that the plaintiff would marry e r. the defendant promised to make him worth 200 l. yo ss . # w. p. &c. complaines of p. w. of a plea , &c. that whereas the day , year , &c. at the castle , &c. there was a communication between the said w. p. and the said p. w. of and concerning the said w. p. taking to wife one e r. the daughter of one s r. of &c. county , &c. the said b w. in consideration that the said w p. at the speciall instance and request of the said p w. according to the lawes and customes of england by the consent of the said s r. would marry and take to wife the said e r. upon himself did assume and to the said w p. then and there did faithfully promise , that he the said p w. would make him the said p w. worth 200l. of , &c. and better , immediately after the solemnization of the marriage of the said w p. and the said e r. and the said w p. indeed saith , that in hopes of the performance of the promise and assumption of the said p w. and at the speciall instance and request of the said p w. afterwards ( that is to say , ) the day , year , &c. at , &c. aforesaid the said w p. according to the lawes and customes of england by the consent of s r. did marry and take to wife the said e r. nevertheless the said p w. little regarding his promise and assumption aforesaid , but contriving and fraudulently intending craftily and subtilly to deceive and defraud the said w p. in this behalf , hath not made the said w p. wor●● 200l. and better , albeit afterwards ( that is to say , ) the day , year , &c. a t&c. aforesaid by the said w p. he hath been thereunto required , but hath refused hitherto to do the same , and still doth refuse , to his damage of , &c. trover and conversion , yo. ss . # j. b. by writ &c. complaines of j c. in an action or trespas upon the case . for that whereas the said j b. the day , year , &c. at the castle of &c. was possessed of one gray mare , of the price of ten pounds , as of his own , and being thereof so possessed , the said j r. the day , year , &c. aforesaid , the said mare out of his hands & possession was casually lost , which said mare afterwards ( that is to say , ) the day , year , &c. at the castle , &c. came to the hands and possession of the said j c. sufficiently knowing the said mare to be the mare of the said j b. and to him of right to belong ; and devising to deceive the said j b. of the said mare ; though often thereto required , the said mare to the said j b. hath not restored ; but the said j c. afterwards ( that is to say ) the day , year , &c. the said mare to his own use and profit converted and disposed , to the great losse of the said j b. by reason whereof he saith , he is damnified xxl. and therefore commeceth this suite , &c. detinue . yo. ss . # t. v. by vertue of a writ , &c. by e b. his atturney complains of r m. upon a plea , that he render unto him goods and chattells to the value of xx of , &c. which he unjustly detaineth from him , &c. for that whereas the said t v. the day , year , &c. at the castle , &c. did deliver to the said r m. one cow , colour black , of the value of 5l. one gray nag of the value of xl. and 14. yards of french green broad cloth of the value of 5l. to be safely kept , and to the said t v. where he the said r m. should be thereunto requested , to be delivered . yet notwithstanding the said r m. although thereunto requested , the goods & chattells aforesaid to the t v. as yet hath not redelivered , but the same to redeliver , hitherto hath contradicted , and as yet doth contradict , and unjustly deteines , whereupon the said tv. saith , he is worse and hath damage to the value of xxxl. and thereupon produceth suite , &c. trespas . for breaking down the plaintiffs stall , being set up in the market . county court ss . # a. o. complains of w c. of a plea of trespas . that the aforesaid w c. the day , year , &c. at s. in the county aforesaid , and within the liberty and jurisdiction of this court , made an assault upon him the said a o. and his close and house , that is to say ) one stall there in the market set up , broke and entered , and his wares ( that is to say ) drest leather , to the value of 5l. put upon his stall aforesaid , displaced , cut down , and spoyled , and other enormous things to him did , to the great damage of the said a o. whereupon he saith , that he is the worse , and hath damage to the value of ten pound . and thereupon he brings his suite , &c. for breaking the plaintiff's close , &c. yo ss . # j. a. complaines of t s. of a plea of trespass , &c. for that the said t s. the day , year , &c. a close of the said . j a. called c. at s. in the county , &c. broke and entred , and the grass of the said j a. then and there , being of the value of ten shillings , with certain goods and chattells ( that is to say ) with kine , oxen steeres , horses , naggs , mares , hoggs , and sheep , did depasture , eat up , tread under-foot , consume and spoyle , continuing the said trespass from the said day , year , &c. aforesaid , during the time of one whole month then next following , at diverse dayes and times , and other harmes to him did to the great losse of the said j a. by reason whereof he saith he is damnified , xxix s. and therefore commenceth this suite , &c. for a dog-biting a mare so that she dyed . yo. ss . # h. s. complaines of w p. in an action of trespas , for that whereas the said w p. the day , year , &c. at , &c. one mare of the said h s. of the price of ten pound then and there being found did beat , wound and chase , and also with a dog did bite ; so that by reason of the beating , chasing , wounding , bruising and biting of the said mare , the said mare then and there dyed . and other harmes to him did to the great damage of , &c. for chasing of hoggs with doggs , &c. yo ss . # a. b. complaines of c d. of a plea of trespas , wherefore he did chase two hoggs of him the said a b. at m. found with certain doggs , insomuch by setting on those doggs , to bite the hoggs aforesaid : that by that chasing and biting of the doggs aforesaid , the aforesaid hoggs of the price of fourty shilling dyed ; and other enormities , &c. for pasturing of sheep in a rotten pasture , by reason whereof they dyed . yo. ss . # a b. complaines of c d. of a plea of trespas . wherefore the close of him the said a b. at l. did break , and his 260. sheep of the price of 40 l. there lately found did take , and did chase them into a certain corrupt pasture within the village aforesaid , out of malice , detayning those sheep so long upon the pasture aforesaid , that those sheep by corruptness of that pasture , becoming rotten and infected , dyed ; and other enormities , &c. for digging and plowing the plaintiffs ground , and taking away his corne . yo. ss . # t s. complaines of g g. in an action of trespas . for that whereas the said g g. the day , year , &c. at , &c. the close of the said t s. being one acre of arable land lying in b. broke and entred , and the soyl of the said close with his plow did dig and rip up . and afterwards , that is to say , the day , year , &c. aforesaid at b. aforesaid , and within the jurisdiction aforesaid for that the said g g. the aforesaid , close of the said t s. broke and entred , and his corne , ( that is to say ) two wain loads of oates , there lately cut down of the value of xxx s. of his the said t s. took and carryed away . and other enormious things to him did do , &c. for taking away a post . yo. ss . # a. b. complaines of c d. of a plea of trespas , &c. wherefore he did break the close of the said a b. at f. and did take and carry away a certain new post of him the said a b. there in the foyle put and fastned to the value of xxx s. and other enormities , &c. trespass and assault . yo. ss . # j. h. complaines of j s. in an action of trespas and assault , &c. for that the said j s. the day , year , &c. at the castle , &c. made an assault and a fray upon the said j h. and did then & there beat , wound , and evill intreat him , so that he was despaired of his life , and other harmes to him did to the great losse of the said j h. by reason of which he saith , he is damnified xxx s. and therefore commenceth this suite . assault , upon one at under-age . yo. ss . # w. e. by a s. his guardian , and next friend , by favour of this court , is admitted to prosecute for the said w e. because he is within the age of one and twenty years , by vertue of a writ of justicies by t w. his atturney complaines of t c. in an action of trespas and assault , &c. for that the said t c. the day , year , &c. at the castle , &c. in and upon the said w e. an assault and affray did make , &c. as in the other . vpon a replevin . county court. ss . # a. b. complaineth of t l. in a plea wherefore he took the goods of the said a b. and them did unjustly detaine , contrary to sureties and safe pledges , &c. for that whereas the aforesaid t l. the day , year , &c. at s. in a place there called r. in the county &c. took of the goods of the said a b. that is to say seven kine of the price of xxxl. and the same did unjustly detain against the sureties and safe pledges , &c. whereupon the said a b. saith , he is worse , and hath damage to the value xxxix s. and therefore he hath brought this suite , &c. pleadings . he owes him nothing . county court ss . # and the said j a. comes and defends the force and injure when , &c. and saith that the said j g. ought not to have his said action against him , because he saith , that he the said i. a. owes nothing to the said i. g. in manner and form , as the said i. g. hath declared against the said i. a. and for that he puts himself upon the countrey , &c. he made no such promise . and the said h. b. comes and defends the force and wrong when , &c. and saith that he did not assume & promise to the aforesaid t. r. in manner , and for me as the aforesaid t. r. against him complaineth : and of this he putteth himself upon the countrey . replication . yo. ss . # and the said t. r. saith that he by any thing before alleadged from his action aforesaid , ought not to be debarred : for that he saith that the aforesaid h. b. did assume upon himself , and promise in manner and form , as by the declaration aforesaid is alleadged and set forth : and this he prayes may be inquired by the countrey : and the said w. b. likewise , therefore &c. he made no such promise within six years . yo. ss . # and the said w. b. comes and defendes the jnjury when , &c. and saith that the said w. b. did not within the space of six years before the commencement of this suit assume upon himself , or promise to pay to the said t. b. the summe of 30. s. in manner and form , as the said t. b. above against him the said w. b. doth complain , and upon this he putteth himself upon the countrey , &c. never executor . yo. ss . # and the aforesaid e. h. comes and defendes the force and jnjurie when &c. and saith that the aforesaid t. c. ought not to have his action ●gainst him , because he saith that he ●●ver was the executor of the last will and testament of the aforesaid r. h. neither did administer of any ●f the goods or chattels which were ●f the said r. h. at the time of his ●eath : as executor of the last will and testament , of the aforesaid r. h. after the death of the said r. h. and this the said e. h. is ready to verifie , whereupon he demandeth judgment , whether the said t. c , ought to have or maintain the said action against him , &c. fully administred . yo. ss . # and the aforesaid m. a. comes and defends the injurie and wrong when , &c. and saith that the aforesaid a. b. his action afore●aid ought not to have against him , because he saith he hath fully administred of the goods and chattels of the aforesaid t. a. at the time of his death , and he no other goods nor chattels hath of the aforesaid t. a. at the time of his death to be administred , nor had at the time of the entrey of this plaint of the said a. b. nor at any time after : and this he is ready to aver , wherefore he prayeth judgment ; whether the aforesaid a. b. his action aforesaid against him ought to have , &c. replication . yo. ss . # and the said a. b. saith , that he by any thing before alleadged from his action aforesaid , ought not to be debarred , because he saith that the aforesaid m. a. the day of the commencement of this suit , ( to wit ) the day , year , &c. at the castle aforesaid : and within the jurisdiction aforesaid , had diverse goods and chattels which were the aforesaid t. a. at the time of his death , and afterwards in his hands to be administred to the value of the debt aforesaid , wherefore the debt aforesaid to the said a. b. ought to be satisfied ; and this he requires may be inquired of by the countrey , &c. and the said m. a. likewise , &c. not guilty . yo. ss . # and the said g. w. comes and defends the wrong and injurie when , &c. and saith , that he is not guiltie of the trespass aforesaid , as the said i. c. hath complained against him : and of this he putteth himself upon the countrey , &c. bar by within-age . yo. ss . # and the said h. c comes and defends the injurie when , &c. and saith that the said w. b. his action aforesaid against , him ought not to have : for he saith that he at the time of the making of the said writing obligatory , was within the age of one and twenty years ; and this he is ready to verifie , whereupon he demandeth judgment , if the said w. b his action aforesaid against him ought to have &c. paymemt upon a bill , and a release produced . yo. ss . # and the said i. s. comes and defends the injurie when , &c. and saith that the said i. w. ought not to have his action aforesaid against him the said i.s. for he saith that the said i. w. after the making of the said bill , and the commencement of this suit ( that is to say the day , year , &c. at the castle , &c. the said i. w. did acknowledge and confess himself to be fully satisfied and content of the said summe of 5 l. in the said bill mentioned , and thereupon did acquit and release him the said i. s. of and from all actions , which the said i. w. might have against him the aforesaid i. s. by reason of the making of the aforesaid bill , and this he is ready to verifie , whereupon he prayeth judgment , if the said i. w. ought to have his action aforesaid against him , &c. free-hold . and the said h. s. comes and defends the force and injurie when , &c. and saith that the said w.b. his action aforesaid against him ought not to have or maintain , because he saith that the close aforesaid called t. at f. in the declaration above mentioned , in which the trespass aforesaid is supposed to be done , is , and at the time of the said trespass supposed to be done is , and was the onely sole free tenement or free hold of the said h. s. by reason whereof the said h. s. did break , and enter into the said close called t. and the corn and grasse there growing and being , with his feet did tred down and consume , and other corn grasse and hay being in the said close , with his horses , mares , oxen and kine , did eate , tread down and consume , continuing the said trespass as in the declaration is above specified , as was lawfull and well pleased him so to do : and this he is ready to verifie and prove : whereupon he requires judgment ; if the said w. b. his action aforesaid against him ought to have , &c. no action to cause one to render an account , will lie in this court. yo. ss . # and the said g.f. in proper person comes and saith , that the said c. b. his said action against the said g. f. in this court ought not to have or maintain : for that the said c. b. in an action to render an acaccount , &c. wherefore the said g.f. demandeth judgment , whether this court will take cognizance of the said action , &c. in arrest of judgment . yo. ss . # and the aforesaid r. m. saith , that the verdict aforesaid given against him , of the part of the said m.s. ought not to stand or proceed , because he saith that the declaration aforesaid , and the matter therein contained , is not sufficient in law to give and maintain the aforesaid action against him , by which he requires judgement : and that the aforesaid plaint and verdict to be quashed and accounted nothing , and that the aforesaid plantiff may receive nothing by his plaint and verdict aforesaid , &c. conditions performed . and the said w.g. cometh and defendeth the force and wrong when , &c. and desires to hear the said writings , and it is read to him &c. he desires also to hear the condition of the said writing , and it is read to him in these words , ( that is to say ) the condition of this obligation , &c. ( recite the condition ) which being read and heard , the said w. g. saith that the said c.g. his action aforesaid against him ought not to have , because he saith , that the articles in the condition aforesaid above-mentioned , were made at y. aforesaid , in &c. day , year , &c. aforesaid , between the said c. g. by the name of c. g. of a. in the said county gent. on the one partie , and the said w. g. by the name of w. g. of the same town and county yeoman , on the other partie , whose other part signed with the seal of the said c. g. the said w. g. doth bring here in court , whose date is the same day and year , first , &c. ( recite all the articles throughout ) and the said w. g. doth say , that he hath performed and kept all and singular the covenants , grants , articles , clauses . sentences and agreements whatsoever in the said articles specified , on his part to be observed , performed , fullfilled and kept , according to the form and effect of those articles : and this he is ready to maintain , whereupon he prayes judgments ; if the said c.g. his action aforesaid against him ought to have , &c. replication . yo. ss . # and the said c. g. saith that he , by any thing before alleadged , ought not to be debarred from having his said action against the said w.g. because protesting that the said w. g. hath not performed or kept any covenants , grants , articles , clauses , sentences , or agreements in ●he said articles specified on his part ●o be performed or kept , as the said w. g. above by pleading hath al●●adged ; for plea the said c.g. saith , ●●at the said w. g. did not , &c. ( re●●te the breach ) according to the ●●rm and effect of the same articles : ●●d this he is ready to verifie , where●●on he prayeth judgment , and his debt aforesaid , together with his damages , by occasion of detaining that debt , to him to be adjudged , &c. rejoynder . yo. ss . # and the said w. g. saith , that he did ( recite here that he did perform the breach the plaintiff assigned ) according to the form and effect of the said articles : and of this he puts himself upon the countrey , and the said c. g. likewise , &c. detain he doth not . and the said r. s. comes and defends the force and wrong when &c. and saith he doth not detain from the said r. l. the chattel● aforesaid , nor any parcell thereo● in manner as the said r. l. ha● above declared against him : and o● this he putteth himself upon th● countrey , &c. bar by a generall acquittance . yo. ss . # when , &c. his action ought not to have , &c. because he saith , that after the making of the writing aforesaid ( that is to say ) the day , year , &c. the plantiff by his certain bill of acquittance , which the said defendant signed with the seal of the said plaintiff , here in court produceth , the date whereof is the same day and year he acquitted and discharged him the said defendant , by name of , &c. of all actions , plaints , demands , debts , accounts and debates for plaint : and in his executed & assigned , from the beginning of the world untill the day of the date of the said bill : and this &c. if judgment , &c. replication . yo. ss . # the plaintiff saith that he ought not to be barred , &c. because he saith that the aforesaid bill of acquittance is not his deed : & this he prayeth &c. justification of scandalous words . and , &c. when , &c. and saith that the said g. l. his action aforesaid against him ought not to have , for that he saith , that before the speaking of the pretended scandalous words in the said declaration mentioned , ( that is to say ) the day , year , &c. at , &c. the said g. l. one weather-sheep to the value of 10 s. of &c. of the goods and chattels of the said h. a. in the said declaration mentioned , then and there being found , feloniously did steale , take and carry away , contrary to the publick peace ; by reason whereof the said f.g. afterwards , ( that is to say ) the said day , year , &c. at , &c. the pretended scandalous words in the said declaration mentioned , did say , affirm and declare to the said g. l. ( that is to say ) thou ( meaning the said g. l. ) art a thief and stole h. a. sheepe : and this he is ready to verifie , whereupon he demandeth judgment ; if the said g.l. his action aforesaid against him ought to have , &c. tender of amends in replevin . county court ss . # and the said h. saith , &c. the just taking of , &c. ought not to avow , because he saith , that after the aforesaid time of the taking of the cattell aforesaid in the aforesaid place , in which , &c. and before the day of the issuing forth of the precept of replevin , of him the said h. ( that is to say the day , year , &c. aforesaid , at w. aforesaid , he the said h. offered xii d. to pay the said w. and i. to the use of the said w. for the damage of the said w. which he sustained by occasion of the trespass aforesaid , which the cattel aforesaid , in the aforesaid two acres of land made , which said xii d. were sufficient amends for the trespass aforesaid , which the catle aforesaid in the said two acres of land made : which said xii d. the aforesaid w and i. then and there wholly refused to receive of said h. and this , &c. part of the debt paid , the residue tendred before suit , and refused . yo. ss . # and , &c. when , &c. and saith that the aforesaid i. g. ought not to have or maintain his said action against him : because he saith , that the said i. a. the day , year , &c. before the beginning of this action , well and faithfully paid to the said i. g. xx s. part of the above mentioned debt , in the said declaration specified ( that is to say ) at b. aforesaid , and within the jurisdiction of this court ; and as to the 5 s. 6 d. the residue of the debt , in the said declaration specified , he said i. a. further saith , that he afterwards , that is to say , the day , year , &c. abovesaid before the commencement of this action , at b. aforesaid tendred to the said i.g. the said 5 s. 6 d. which said 5 s. 6 d. the said i.g. then and there refused to accept of : and this the said i. a. is ready to prove , and demands judgment of the court ; if the said i. a. ought to have his said action against him , &c. replication . yo. ss . # and the said i.g. as to the plea of the said i.a. as to the said 20 s. parcell of the debt aforesaid saith that he by any thing before alleadg'd , ought not to be barred from having his said action against him , for he saith that the said i. a. did not pay the said xx s. to the said i. g. as the said i. a. above hath alleadged : and this he prayes may be inquired of by the countrey , and the said i. a. likewise , &c. and as to the said plea of the said i. a. as to the said 5 s. 6 d. residue of the said debt , and the said i.g. saith that the same plea of the said i. a. in manner and form aforesaid pleaded , and the matter therein contained is insufficient in the law , to bar the said i. g. from having his said action against the said i. a. and that he to the plea aforesaid , in manner and form aforesaid pleaded , needeth not , nor is bound by the law , of the land to answer : whereupon for want of a sufficient plea in this behalf , the said i. g. prayeth judgment , and the said 5 s. 6 d. residue of his debt aforesaid together with his damages , by reason of the detaining of that debt to him to be adjudged . &c. not his deed. and , &c when , &c. and saith that he ought not to be charge with the said debt , by vertue of the writing aforesaid ; because he saith that the said writing is not his deed . and of this he putteth himself upon the countrey , and the said a. likewise , &c. by threats . and , &c. when , &c. and saith that the said a. ought not to have his said action against him , because he saith , that the said a. at the time of the making of the said writing , at n. aforesaid did impose upon the said b. such and so great threats of his life , and may heming of his body to be inflicted on him , unless he would make and seale unto the said a. the said writing ; that he the said b. did then and there make unto the said a. the said writing for fear of those threats , and this he is ready to aver , whereupon he prayeth judgment , if the said a. ought to have his said action against him &c. replic . yo. ss . # and the said a. saith he by any thing before alleadged , ought not to be barred from having his said action , because he saith that the said b. at the time of the making of the said writing aforesaid , was of his own power at large ; and did make to the said a. the said writing of his meere and voluntary will ; and not for fear of threats , as the said b. hath above alleadged . and he prayeth , that this may be inquired by the countrey , and the said b. likewise , &c. by hardnesse of imprisonment . yo. ss . # and &c. when , &c. and saith , &c. because he saith that at the time of making of the said writing he was imprisoned by the said a. and other of his covin , that is to say at n. aforesaid , and there in prison detained untill the same b. by force and hardnesse of that imprisonment , had then and there made to the said a. the said writing . and this he it ready to aver , whereupon he prayeth judgment , &c. replic . yo. ss . # and the said a. saith , that he , &c. because he saith , that the said b. at the time of making of the said writing , was of his own right at large , and out of prison , and did of his meere and voluntary will make to the said a. the said writing , and not by force and hardnesse of imprisonment , as the said b. above hath alleadged . and this he prayeth may be inquired of by the countrey ; and the said b. likewise , &c. the assault made by the plaintiff , &c. yo. ss . # and , &c. when , &c. and as to the trespas and assault aforesaid above supposed to be done , the said j r. saith that the said r w. his action aforesaid against him ought not to have , because he saith , that the aforesaid r w. the day , year , &c. aforesaid upon him the said j r. at the castle , &c. did make an assault , and him would have beaten , wounded , and evill intreated , by which the said j r. himself against the aforesaid r w. did then and there defend ; and saith , that if any evill to the said r w. then and there happened , was of the proper assault of him the said r w. and in defence of him the said j r. and this he is ready to verifie , whereupon he prayeth judgment , if the aforesaid r w. his action aforesaid , against him ought to have , &c. replic . yo. ss . # and the foresaid r w. saith , that he by any thing before alledged , from having his action aforesaid , ought not to be debarred , because he saith , that the aforesaid j r. the day , year , &c. abovesaid , at , &c. in his declaration aforesaid above specified , of his own proper injury , and without such cause by the said r w. above alledged upon him the said r w. did make an assault , and him did beat , wound , and evill intreat , so that of his life he did despaire , against the peace of the lord protector that now is ; as the said r w. above against him hath complained ; and this he prayeth may be inquired of by the countrey , and the said j r. likewise , therefore , &c. the defendant pleadeth , the plaintiff within age , to bring his action : and should have brought it by guardian , and not by atturney . and , &c. when , &c. and sayes , that the aforesaid j r. ought not to have his action aforesaid against him , because he sayes , that the aforesaid j r. the day and year in the declaration aforesaid specified ( to wit ) the day , year , &c. the day of , the issuing forth of the writ of justicies of him the said j r. that is to say , the day , year , &c. was within the age of one and twenty years , and that the aforesaid j r. declared against him the said p c. in the plaint aforesaid by his atturney , whereas by the due forme of law , he ought to have declared by his guardian ; and this he is ready to aver , whereupon he prayes judgment , whether the aforesaid j r. ought to have his action aforesaid against him , &c. the table . a account . 27 accedeas ad car. 66 what actions may be brought in the county court. 13 what actions will not lye in this court. 7 within what time actions must be brought . 14 who may bring actions , and who not . 15 adjournement . 35 amerciament . 7 answer what . 23 appearance . 17 arbitrament . 26 atturneys . 12 b. bayliffs how punishable for misdemeanors . 39 bayliffs what they are . 36 c. county court when instituted . 3 why instituted . 6 no court of record . 5 court how to be kept . 31 county clarks office . 7 court , what , 21 continuance what . 21 challenge of jurors . 29 consultation , a writ . 58 coroners office in this court. 10 d. debt . 26 , 27 debt against executors or administrators . 26 declaration what , &c. 18 demise . 27 detinue . 27 deputation for a bayliff of an hundred . 102 distress , &c. 36 duc. tec. 18 e. essoyne what . 18 exigent and proclamation how to be proclaimed . 11 execution , and what goods may be take upon it . 47 f. fine . 7 freehold . 28 fieri facias . 90 fieri fac . against an executor . 91 fi. fac . for costs , upon a non-suite . 92 fi. fac-upon a verdict for the defendant . 93 the table of fees. 104 g. generall issues upon severall actions . 25 i. imparlance . 22 issue . 25 jurors , who may be challenged . 29 justicies , a writ . 80 judiciall process . 90 m. modo & forma , in a declaration , where necessary & where not . 19 n. non suite . 21 non sum informatus . 24 non-age . 26 nil dicit . 24 o. obligation , &c. 25 obligation upon a replevin . 86 office of the county clerk. 7 office of a coroner in this court. 10 oath of the coroner . 101 order of the judges concerning essoynes illegally returned . 106 p. pleas specially to be pleaded . 25 nota pleas. 28 pledges . 17 proceedings of the court. 17 proclam . and exig . how to be proclaimed . 11 prohibition , a writ . 58 procedendo , a writ . 58 processe in the court. 77 precept upon an acced . ad cur . 67 precept upon a proclamation . 100 precept upon a writ of justic . 80 r. rejoynder what . 23 rent . 26 replevin , &c. 50 , 81 rule , what . 23 return of exig . 71 return of proclam . 76 return of a recordare . 54 return of a pone . 54 return of the writ for the election of a coroner . 71 return of a writ of false judgement . 59 s. shire , the originall , &c. 1 sheriffs , &c. idem slander . 27 suitors judges . 6 surrejoynder what . 24 scir . fac . 94 scir . fac . post diem & annum . 95 scir . fac . against an executor , after judgment against the testator . 97 subpoena ad testif . 99 t. trespass . 27 trespass damage feasant . 27 tolt , a precept . 88 v. vicount unde . 2 verdict , &c. 30 venire fac . 98 w. warrant of atturney . 102 warrantie . 27 withernam a precept . 83 woman covert . 26 declarations . in debt . executor against an executor . 108 vpon a bill to be payd at the day of marriage , and issue upon it . 110 vpon retainer for shoeing a horse , &c. 114 vpon an accompt . 115 money lent by joynt partners for a certain time , and to be payd to the survivor . 116 for rent in arreare . 117 for servants wages . 119 for tythes . 121 upon an award . 122 for atturneys fees. 125 case . for coales , promising to pay so much as they should be reasonably worth . 127 for a horse sold , warranted to be sound . 128 for a horse lent , promising to redeliver him , &c. 129 for adgisting of beasts . 131 for a chirurgion for curing a wound . 133 for a laborors hire . 134 in consideration that the plaintiff would deliver unto one e l. certain mercery wares , if he did not pay for them , the defendant would . 136 slander for calling the plaintiff theef . 137 for slanderously calling the plaintiff bankrupt . 140 in consideration that the plaintiff would marry e. r. the defendant promised to make him worth two hundred pounds 145 trover and conversion . 147 detinue . 148 trespass for breaking down the plaintiffs shall being set up in the market . 149 for breaking the plaintiff's close &c. 150 for a dog biting a mare , so that she dyed . 151 for chasing of hoggs with doggs &c. 151 for pasturing sheep in a rotten pasture , by reason whereof they dyed . 152 for digging and plowing the plaintiffs ground , and taking away his corn. 152 for taking away a post . 153 trespass and assault . 154 assault upon one at under-age . 154 assault upon a replevin . 155 pleadings . answers , replications , rejoynders &c. he owes him nothing 155 he made no such promise and replication . 156 he made no such promise within six years . 157 never executor . 157 fully administred , & rep. 158 , 159 not guilty . 159 barr , by within age 160 payment upon a bill , and a release produced 160 freehold 161 no action to cause one to render an account willly in this court. 162 in arrest of judgment 163 conditions performed , and repl. and rejoynder 165 detayn he doth not 166 barr by a general accquittance and repl. 167 justification of scandalous words 168 tender of amends in replevin , 159 part of the debt paid , the residue tendered before suit , and refused , and repl. 169 , 170 , 171. not his deed 172 by threats and repl. 172 by hardness of imprisonment and repl. 173 , 174 the assaul made by the plaintiff and repl 174 , 175 the defendant pleadeth the plaintiff within age to bring his action , and should have brought it by guardian , and not by attorny 176 courteous reader , these books following are to be sold by john place , at furnivals iune gate in holborn . the history of the world , by sir walter raleigh , in folio . new cases of the years and time of hen. 8. edw. 6. and queen mary , by john march of grayes inne , barrister , in 8o. transactions of the high court of chancery , collected by william tothel , esquire , and since revised by sir robert holborn . witchcraft condemned , or doctor lamb revived , in the unheard of practises of ann bodinham , arraigned at sarum assizes , 1653. vade mecum : whereunto is added an abridgment of stamfords pleas. an abridgment of the lord dyers reports ▪ by sir tho. ireland . the great mystery of godliness , by jos . hall , b. norwich . declarations and pleadings , by w. s. in the time of eliz. jam. & cha. clarestella , together with elegies , epigrams , satyrs , by reb. heath esquire . the imposition of hands , by jos . hall b. of norwich . the office of a lord chancellor , by the lord ellesmore . the peace-maker , by will. page b. d. the doctrine of the saints infirmities , by dr. preston . a treatise of the sabbath day , by fra. white , b. of ely in 4o. a short catechism , by will. how , minister of the gospel . the laymans lawyer : or the second part of the practick part of the law , in 8o. the faithfull councellor : or the marrow of the law in english , the second part by w. sheppard , esquire . in 4o. declarations , counts , and pleadings , in english , the second part , collected by richard brownlow esquire , late prothonothary of the common pleas , mr. walbank a partner , in 4o. the scriveners guide , or the compleat clerk , shewing all manner of presidents for conveyances . &c. collected and perfected , with the advice and judgement of severall able judges and sages in the law , in 4o. commentary of caius caesar , of all his wars in gallia , with the observations of sir clement edmunds , as also our modern training , with addition of his medalls and life , in folio . poems by matthew stevenson . the floating island : an excellent play , by dr. strode . the lord pophams reports , in folio . a catechism , according to the common payers and liturgy of the church of england , for all young children to learn before their admittance to the sacrament . one sheet of paper , by the able hand of alan smallwood b. d. the jurisdiction of all court-leets and court-baron , by kitchin late of bernards inne , sold by j. place and partners . reports and cases , collected by the learned judge owen , esquire , one of the judges of the common pleas , wherein are many cases throughly argued and compared with the year-books . nomotomia , in two parts , the first being a collection and survey of the gcnerall titles of the common law , with the cases thereof , drawn out of the old books of the law , and later reports , & reduced into several chapters for the benefit of students in the law. together with an abridgment of all acts and ordinances of king and parliament since 1651. by w. hugles of grayes inne esquire . the arraignment and conviction of anabaptisme , or a reply to m● tombes his plea for antipedobaptists , by jo. cragge m. a. preacher of the gospell at lantillio pertholy in monmouthshire . books sold by william place , at grayes inne gate in holborne . sir walter raleighs history of the world. an exact collection of ordinances , orders , declarations , petitions , messages and answers , with other remarkable passages which passed between the late king and parliament at the beginning of our late troubles . actions for slander , shewing what words are actionable in law , and what not , by jo. march of grayes inne barrister . considerations on the 12. signes of predestination , illustrated with emblemes , written in latin by h. drexelius , translated by r. b. of trinity colledge in cambridge . transactions in the high-court of chancery , by w. tothill esq revised by sir rob. holburn . the office of executors , by tho. wentmouth , late boucher of lincolns inne . the queens closet opened , containing incomparable secrets in physick , chirurgery , conserving and cookery . fancies theater , five poems , by j. tatham gent. considerations concerning the exchequer , by c. vernon the kings secretary . finis notes, typically marginal, from the original text notes for div a42032-e300 vicount unde . county court when instituted . lambert . lam. arch . this court no court of record . why instituted . coo. inst . 3. par . cap. 5 5. suitors judges . no fine . amercement . what actions w●ll not ly in this court. exigent & proclam . to be proclaimed 5. county dayes , &c. f.n.b. fo . 395. 31. eliz. cap. 5. s. mar. ca. 6. fo . 3. appearance . essoyne . duces tecum . declaration . modo & forma . nota. 21. e. 4. fo . 12. modo & forma . modo & forma . 27. h. 8. fo . 29. count. non-snit . emparlanc . continuance . rule . answer . replication . rejoynder . surrejoynder . nota. not informed . nil dicit . generall issue . pleas specialy to be pleaded . obligation . debt . against executors or administrators . non ag● . woman covert . arbitrament . trespass damage feasant . rent . detinue . slander . warantie . debt . warantie . account . trespass . nota. free-hold . nota. et hoc paratus est verificare . et de hoc ponit se ●uper partiam . et hoc petit , quod inquiratur per patriam 21. e. 4 fo . 11. & 63.20 . ass . 11. 2. h. 4. f. 16. 4. e. 4. f. 1. 2. h. 4. f. 14. 13. h. 4. f. 14.22 . e. 2. charl. 177.8 . e. 3. f. 69. 3. h. 6. fo . 24. 9. e. 4. fo . 49. britton fo . 134. 11. h. 4. fo . 40. 33. h. 6. fo . 55. 18. h. 8. f. 2. 8. h. 6. f. 60. nota. 17. e. 3.47 . 18. e. 3.48 . 22. e. 3.2 . 18. e. 3.56 . 15. e. 3. judg . 58. &c. hil. 25. eliz mic. 28. & 29. eliz. inter gomersall & gomersall &c. procl . procl . procl . plaint . decl. answer . ve. fa. oath . oath . adjornment . broo. 146. fieches & ley 135. coo. sup . litt. 97. recordare facias loquelam . it s nature . the return . the scedule . the plea. orthus . the schedule . the return . the schedule . the plea by writ . prohibitition . consultation , or procedendo . the return . the schedule . writ of justices . warrant upon the writ . essoyn . de malè vener . declaration emparlance . non sum informatus . jury to inquire of damages . precept upon an acced . ad cur . honour of p. the return . the plaine . record to be delivered in court. or thus . if the record be not returned . betwixt two sher. or thus . defect of the coroner . defect of the county . supersedeas . or thus . or thus . rendred himself . dead . waived . languid . duc. tec. special . alias repl . ● withernam . al' capias in withernam . notae . an obligation upon a replevin . the condition . or thus . the plaint . fi. fa. against an executor . fi fa. for costs upon a non-suit . fi. fa. upon a verdict for the defendant . yo. ss . yo. ss . de male vener . yo s● . 14 e. 4. fo . 6. 15 e. 4. fo . 32. 17 e. 4. fo . 5. yo. ss 1. pact . non sol . 2. morat in lege . son. assault de measn . a briefe summary of the lavves and statutes of england so far forth as the same do concerne the office of justices of the peace, sheriffs, bayliffs, constables, churchwardens, and other officers and ministers of the commonwealth : together with divers other matters not onely acceptable for their rarity, but also very necessary for their great use and profit, for all persons, but especially for such as bear office in this common-wealth / collected by nicholas collyn ... collyn, nicholas. 1655 approx. 241 kb of xml-encoded text transcribed from 107 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a34019 wing c5397 estc r39835 18507796 ocm 18507796 107925 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online 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. early english books online. (eebo-tcp ; phase 1, no. a34019) transcribed from: (early english books online ; image set 107925) images scanned from microfilm: (early english books, 1641-1700 ; 1649:2) a briefe summary of the lavves and statutes of england so far forth as the same do concerne the office of justices of the peace, sheriffs, bayliffs, constables, churchwardens, and other officers and ministers of the commonwealth : together with divers other matters not onely acceptable for their rarity, but also very necessary for their great use and profit, for all persons, but especially for such as bear office in this common-wealth / collected by nicholas collyn ... collyn, nicholas. [22], 192 [i.e. 190] p. printed by t.l. for mathew vvalbancke ..., london : 1655. "resolutions of judges of assize ...," and "the ivdges opinions concerning the commissions by which the iustices fit at newgate" each has special t.p. includes index. numerous errors in paging. reproduction of the original in the harvard law school library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng justices of the peace -england. sheriffs -england. bailiffs -england. constables -england. 2006-08 tcp assigned for keying and markup 2006-08 apex covantage keyed and coded from proquest page images 2007-06 robyn anspach sampled and proofread 2007-06 robyn anspach text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a briefe summary of the lavves and statutes of england , so far forth as the same do concerne the office of justices of the peace , sheriffs , bayliffs , constables , churchwardens , and other officers and ministers of the commonwealth . together with divers other matters not onely acceptable for their rarity , but also very necessary for their great use and profit , for all persons , but especially for such as bear office in this common-wealth . collected by nicholas collyn , of the honorable society of lincolns-inne , esquire ; and sometimes reader there ; and an ancient iustice of the peace & quorum in the county of middlesex ; and one of the four pleaders of the honorable city of london . london , printed by t. l. for mathew vvalbancke , at grayes-inne-gate , 1655. to the reader . this abridgement of the laws and statutes following , was penned by one that was an ancient iustice of the peace in the country , which he did for his own convenience and ease : it being more plain and ful , and yet more briefe and compendious , then any abridgments that are in print , and an easie pocket-book to be carried about with facility as occasion may be offered , containing in few words , most plainly & fully the effects & meanings of al laws & statutes , that concern the iustices of the peace either in their sessions , or out of the same , or that do concern the offices of sherifs , mayors baylifs , constables , churchwardens , overseers for the poor , surveyors of the high-ways , and al other officers and ministers of the peace and common-welth . this manuscipt w th som others , wereleft by the author , or collector , with som of his neerfriends , who are redy & wiling , according to his mind , to make the same more comon , that so it may be the more useful to al officers and magistrates , that have occasion to inform thēselvs what the substance of the law and statuts are , that so they may per form their several offices and duties in such manner as they ought to do . the penner here of did it the first for his own particular use , not once intending any other thing : but when some of his intimate friends who bore office in the common wealth , had once the knowledg of it and had perusedit , they would never be vvithout it , but made more use of it for a help to their memory , than of any printed booke whatsoever . and as it was profitable to som few , so it may by the publishing of it , be to many more for the future . the table . alehouses , &c. fol. 1. abjurgation , see recusants 5. affray , see constables 18. agnits dei , see rome . apprentices , see labourers 11. archery , fol. 4. armour , fol 5. arrow-heads , see archery 2. artificers , fol. 6. assize of bread and drink , fol 8. b badgers , &c. fol. 9. bark , fol. 10. barator , ibid. bailment , see prisoners 7. bakers , see assize and artificers 1. bastardy , fol. 11. battery , see assault . beggars , see vagabonds . bigamy , see matrimony . bowyers , see archery . brasier , see pewter . brewer , fol. i3 . bridges , see high wayes , 16. buckstalls , see hunters 5. buggary , and burglary , fol. 14. [ 15 : burning of houses , fol. 10. butchers , fol. 16. buts , see archery , 3. c calves , see butchers 5. and milch-kine . captaines , &c. fol. 18. cattle , see forestallers , 5. certiorari , see removing of prisoners , &c. champertors , see maintenance 2. chance-medly , see manslaugh ter . church and church-yeard , fol. 20. church wardens , fol : &c. 22. clergy , fol : 24. clerk of the market , fol. 25 : cloth , ibid : confederacy , see masons . conjuration , fol. 27. constables , fol. 29. high wayes ; fol : 36. cooke , see butchers : correction-house , fol : 37 : coopers , fol : 38. corn , fol. 40. coroners , ibid. cottages and inmates , fol 42 counterfeiting letters and tokens , fol. 43. crosbowes , see guns : currier , see leather . cutting out tongues , see tongues . cutting of a pond head , see fish 3. cutpurse , fol. 43. d deere , see hunters . dyers , see cloth . disturbing , see preachers . 1. dogs , see hunters . drunkenness , see alehouses 2 , 4 ducks , see pheasants 3. e egs of wild fowl , see wild-fowle . egyptians , see vagabonds . eyes , see tongues : escape , fol. 44 : escheators , fol : 45 : estreats , see sheriffes 1 , 2 : evesdroppers , see good-behaviour : extortion , fol : 46 : f false tokens , see counterfeitors : faires , fol. 47 : pheasants , fol. 49 : ferrets , see hunters : fighting , see church . fish and fishers , fol : 52 : fish dayes , and eating of flesh fol. 54. force , and forcible entries , fol. 55. forestallers , fol : 56. forgery , fol. 59 : forraigne power , see rome . fowle , see pheasants 3. g games , see playes . goale , see prison . goldsmith and gilding , fol. 60 good-behaviour , ibid. grayhound , see hunters 6 : guns , fol : 61. h habeas corpus , see removing of prisoners . hares , see pheasants 36. harvest , see labourers 3. hawks and hawking , fol : 64. hay and oats , see inholder : hedge breakers , see trespasse . herons , fol-66 . high waies , fol. 67. horses , fol. 72. horsbread , see inholders . house-doves , see pheasants : huy and cry , fol. 72. hunters and hunting , fol. 75. husbandry and tillage , fol : 78. i iesuits , see recusants . imbracery see maintenance . indictments , fol. 79. informer , fol. 80 : ingrosser , see forestallers . inholders , fol. 81. inmates , see cottages , 3. inrollments , fol. 81. issues , see jurors 2 iurors , fol. 82. l labourers , and servants , and apprentices , fol. 83. larceny , fol. 88. leather , ibid. lying in wait , see assault 3. linnen-cloth , see cloth 5. liveries and retainers , fol. 92 logwood , see dyers . m mayme , fol. 92. maintenance , fol. 93 manslaughter , fol. 94. mariners , see captaines 4. masons , fol. 99. market , see faires masse , see preachers 7. matrimony . fol 99. malt , fol. 96. milch-kine , fol. 97. miller , see toll . minister , see preachers . misprision , see treason . mortuary , fol. 98. murder , see manslaughter . musters , see captaines , 2. n nets , see fish and hunters 6. night-walkers ; see good-behaviour . nusances ; see high waies 6. 7 , 14 o officers ; see constables and church wardens . ordinary , fol. 100. overseers of the poore , see church wardens . p parliament , fol. 200. park , see hunters . parson , vicar , &c. see preacher . partridges , see pheasants . perjury , fol. 101. petty treason , ibid. petty larceny , see larceny . pewter and brasse , fol. 102. pigeons , see pheasants , 3. plague , fol. 102. playes , fol. 103. ponds , see fish . pope , see rome . poore people , fol. 104. poysoning , see manslaughter preacher , fol. 108. priests , see recusants . premunire , see treason . presentment , see indictments . prison and prisoners , fol. 111 promoter , see informer . prophesying , see conjuration . purveyors , fol. 116. putting out eyes , see tongues . r rape , fol. 118. recusants , fol. 110. regrators , see forestallers . removing prisoners , &c. fo : 121 repaire to the church , see church 4. rescues , fol. 121. restitution , fol. 122. retainers , see maintenance . riots , routs , &c. fol. 123. robbery , fol. 128. rogues , see vagabonds . rome , fol. 129. s sacrament , see preachers , 2. salmons , see fish . schoolmaster , see recusants seale ; see weights . searcher ; see leather 1. 2. &c. seed corn , see corn. seminaries , see recusants . servants , see labourers . setting dogs , see hunters 6. sewers , fol. 130. sheep , ibid. sheriffe , fol. 131 : shoommaker , see leather 17 shooting , see guns . sope vessels , see coopers . souldiers , see captains , &c. spinsters and carders , see cloth 4. stock of the county see treasurer : stolne goods , see restitution . subsidy , fol. 133. swans ibid. t tanners , see leather 3. testimonial , see labourers theft , see robbery . tillage , see husbandry . tilemakers , fol. 134. tinkers , see vagabonds : tipling and tiplers , see ale-houses 1. oll . fol. 135. tongues , sol . 136. transportation , ibid. traverse , fol. 138 treason , fol. 139. treasurer , fol. 141. trespasse , fol. 143. trouts , see fish . turn of the sheriff , see sheriff . v vagabonds fol. i44 . vessels , see coopers . victuals and victualers , fol. i47 vnlawful games , see playes vndertake work and not finish see labourers 8. vsury , fol. i48 . w wages , fol. i49 . weanlings , see but cher . watch and ward , fol. i49 . wax , fol. i50 . warren , see hunters 1 , 2. weavers , see cloth 4. weights and measures , fol. i50 wild , fowle , fol. i52 . vvines , fol. i53 . vvitchcraft , see coniuration . wood , fol. 154. wool , ibid. women , see rape and labourersie . y yarn , fol. 54. 〈◊〉 resolutions of the iudges of assize upon certain questions touching parishes &c. fol. i57 . the iudges opinions concerning the commissions by which the iustices sit at newgate , &c. fol. 177. coroners of their office and authority , &c. fol. i83 . in what cases a man shal have his clergy and in what not &c fol. i89 . a briefe summary , of the laws and statutes of england . alehouses and drunkenness . 1 if any inkeeper , or any ale-house-keeper , shall suffer any person dwelling in the towne , village or hamlet , where such inne or alehouse is , to remaine and continue drinking there , other then persons invited by travellers , accompanying them only , during their necessary abode there , labouring men , and handicrafts-men for an hour at dinner time ; and la bourers and workmen which for following their work , lodg and victuall in such houses , otherthen for urgent occasions allowed by 2. justices of the peace , he sha●l forfeit to the poor there for every such offence proved by two witnesses upon oath , or seen by a justice of the peace of that limit , 10. s . 1 iac. 9. & p. 6. by the stat. of 7. iac. 10. he shall be disabled to keep an alehouse for 3. years after . 2. whosoever shall continue drinking in inne or alehouse in the town where he then dwelleth contrary to the stat. 1 iac. 9. before mentioned , the said offence being proved , or seen , as aforesaid , and presented within six monthes , shall sorfeit and pay to the use of the poor there , within a weeke after for every such offence 3. s. 4. d. and if the offender be not able to pay the said forfeiture , then he shall be set in the stocks 4. hours , 4 iac. 5. and poult drunkenness . note that if any alehouse-keeper shall so continue drinking in the town where he dwells , he shall be disabled three years , per le stat. 4 iac. 5. and 7. iac. 10. 3. if any inkeeper or alehousekeeper , &c. shall utter or sell less than a full ale quart of the best beer or ale for a penny , and of small two quaits for a penny , he shall forfeit for every such offence being proved as aforesaid , 20. s. to the use of the poore there , 1. iac. 9 , & peult . alehouses , 7. &c. but by the stat. 7 iac. 10. he shall be disabled 3. years . whosoever shall be drunk , and thereof be lawfully convicted within six monthes after , shall forfeit and pay to the use of the poore there within one week 5. s. and if he be not able to pay it , then he shall be set in the stocks six hours , and if after that he shall be again convicted of the like offence , then he shall be bound with two sureties in 10. l. to be from thence forth-of good behaviour , 4 iac. 5. & poulton drunkenness i , & 5. note that such offenders being once punished by the ecclesiasticall laws , shall not est soons be punished for the same offence , 4 iac. 5. p. drunkenness , 8. 5. whosoever shall keepe alehouse without license , or contrary to the commandment of two justices of the peace one of them being of the quorum , shall be imprisoned 3. dayes without bayle , and before his delivery to be bound by recognizance with two sureties not to keep alehouse any more , as the justices shall think sit . and shall be also fined by the justices in their open sessions for every such offence 20. l. 5 & 6 ed. 6. 26. the penalty for selling ale or beer the persons unlicensed , see brewers , 4. an alehouse-keeper once lawfully put down , cannot be allowed again but in open sessions , juog vvarberton at camor . assizes , 1613. and dalton 25. & 26. tamen quaere . 6. if a common inkeeper , or ale-house-keeper , shall refuse to lodg a traveller , he ought to be suppressed , dalton 25. archery , 1. all persons lacking or not using bows and arrows according to the stat. 33 h. 8 , 9. ( except persons excepted by the stat. ) shal forfeit the several penalties imposed upon them to the king and informer , so as the suit be commenced against them within a year after , see p : 1. &c. 2. all false makers of arrow heads shal be punished according to the stat. 7. h. 4. 7. 3. if the inhabitants of every town and place shall not make and continue their buts as they ought to do , they shal forfeit for every month 20. s . 33 h. 8 , 9 armour . 1. if any persons ( except the kings servants or officers in doing their service , and their company aiding them in that behalf ) shall ride or go armed by day or night , or shall bring force in affray of the kings people before the kings justices or otherwise , they shall lose their armour , and be imprisoned at the kings pleasure and may also be bound to the peace or good behavionr , 2 ed. 3. 3. & p. 1. 2. to imbezell the kings armour . ordnance , or victuals to the value of 20. s . it is felony , so as the offender be impeached within a year after , 31 el. 4 & p. 3. 3. all the armour , gunpowder , and munition soever of recusants convict , other than necessary weapons , shall be taken from them by warrant from four justices of the peace at their quarter sessions ; and yet they shall bee charged with maintaining the same , and with buying more in such sort as other subjects are according to their ability , 7 iac. 5 , and p. recusants 75. artificers . 1. if any artificers , workmen , or labourers , shal conspire , promise , or make oathes that they will do their work but at a certaine price or rate , or will not finish what another hath begun , or shal otherwise conspire , for the order of their work . or if any butchers , bakers , brewers , poulterers , cooks , costermongers , or fruiterers , shall conspire , covenant , promise , ot take any oathes that they shall not sell their victuals but at certain prices , every of them so ostending being lawfully convicted thereof , shall forfeit for the first offence , i0 . l. to the king , and if he do not pay the same within six dayes after conviction , hee shall be imprisoned twenty dayes , and have only bread and water for his sustenance , and for the second offence 20. l. or &c. and suffer the punishment of the pillory , and lose one of his ears , and never be credited in matter of judgment , 2 ed. 6. 15. p. 1. and iust . 56. artificers are compelled to work in harvest , see labourers . none shall occupy any art but which hath been an apprentice , see labourers . assault . 1. if any shall commit unlawful assault , beating , wounding , or such like trespasses against the body of any one , or shall with force and aginst the law , take the goods of another , or shall do any trespass in the lands of another , they shall be imprisoned , and punished according to the offence by the justices discretion . but the fines which they assess must be reasonable , having regard to the quantity of the trespass , and the cause , 2. ed. 3. 6. 33. ed. 3. 1. & p. just . 18. a servant or workman assaults his master , see labourers . whosoever shall lie in a wait to rob maine , or kill another , shall be imprisoned and fined . see poulton , just . 18. assize of bread and drink . 1. if any common brewer , baker , or tipler , have broken the assize of bread , beer , or ale , he shall be fined by the discretion of the justices , &c. and if any steward in leet , or officer in market town , shall take any fine for breach of the assize of bread or ale in such cases where corporall punishment is appointed , he shall be grievously fined , 51 h. 3. 13 ric. 2. 8. 3. if a baker or brewer shall break the assize the first , second , and third time , he shall be amerced according to his offence ; except it be great , but if his offence be great , or that he doth offend a fourth time , or oftner , then the baker offending shal be set on the pillory and the brewer punished by the tumbrell ; which shall not be pardoned for gold nor silver , 51 hen. 3. & p. weights and measures , 15. badgers , laders . drovers . 1. all licences made to any badger , lader , kidder , or carrier of corn , drover of cattel , buyer or transporter of corn and grain , butter and cheese , otherwise than in the open general quarter sessions of the peace holden in the shire where the party admitted , assigned , or allowed , doth , or by the space of three years before the test of this licence hath dwelled , or other then to such persons as is , or hath been married , is ahoushoulder , no houshould servant or retainer , and thirty years of age at the least , or to have continuance for more then one year , or which beareth not date the day and place where the sessions is holden , or is not signed and sealed with the hands and seals of three justices of the peace at the least there present , whereof one to be of the quorum , shall be void , and the party which taketh the same shal forfeit 5. l. to the king and informer , 5. el. 12. and p. 2. 2. whosoever shall by authority of such license buy any corn out of open fair or market to sell the same again ( except he be thereunto specialy licenced by express words in his licence ) shal forfeit , ut antea , 5. l. 5 el. 12. & p. 1. bark . 1. vvhosoever shall got into his hands any oaken-bark , to the intent to sel the same again , shall forfeit the barks , or the full value thereof , i iac. 22. & p. leather , i4 . 2. whosoever shal sel any trees meer to be barked , where bark is worth 2. s . 2. load , without the charge of barking and pilling timber for necessary building or reparations of houses , ships , or mils , excepted , but between the first day of april , and the last of june , shall forfeit for every tree the double value thereof , i iac. 22. & p. leather 15. barator , 1. a common barrator is he who is either a common mover , or stirrer up , or maintainer of suits in law in any court , or else of quarrels in the county , and not only in one , or two , but in many causes . such persons may bee bound to the peace , or good behaviour , and may be imprisoned and punished according to the justices discretion , 2 ed. 3. 6. & p. justices i8 . bastardy . he that is suspected to have gotten a bastard , ought to be bound to the good behaviour , to the end he may be forth comming when the child shall be born , lam. i2 . two justices of peace , one of them being of the quorum , in , or next to the limits where the parish church is , in which parish any bastard begotten , and borne out of lawfull matrimony , shall be born , upon examination of the cause and circumstances , shall and may take order by their discretions , as well for the reliefe of the parish , and keeping of the child , by charging the mother , or reputed father with the payment of money weekly , or other relief , as also for the punishment of the mother , and reputed father , i8 el. 3. if the mother or reputed father , upon notice thereof , shall not perform the order of the justices , subscribed under their hands , such persons so making default , shall be by the same justices committed to the common goale , there to remain without baile ; or mainprise , except such persons shall put in sufficient sureties to perform the said order , else appear at the next sessions of the peace to be holden in that county , and also to abide such order as the justices or the more part of them shall there take in that behalf , and if they take no order there , then to abide the order before made , ibid. & p. 1. that the mother may be examined upon oath concerning the reputed father . by the stat. 7 iac. every such lewd woman shal be sent to the house of correction , there to be punished , and set to work for a year , and if she shall oft soons offend so again , then to be committed to the said house of correction as aforesaid , there to remain until she can put in sureties for her good behaviour not to offend so again . but such a bastard child must be one that is left to the charge of the parish , or like to be chargeable to the parish , 7 iac. 4. if the lustices may punish the mother by force of the stat. 18. eliz. and after send her to the house of correction , because nemo debet his puniri pro unodelicto . the mother may not be sent to the house of correction before the child be born , dalton . such child is not to be sent to the house of correction with the mother , but rather to be kept in the town where it was born , and there to be relieved by the work of the mother , and by reliefe commonly from the father ; yet it is commonly used to send the child with the mother to the house of correction , de eo quaere . brewer , 1. if any brewer which breweth beer or ale to sell , shall by himself , or other to his use , occupy the mystery of cooper , or make barrels , &c. or other vessels of wood wherein to put his beer or ale to sale , he shall forfeit for every vessel made 3. s . 4. d. to the king and the informer , 23 h. 8. 4. 2. if any beer brewer , or ale brewer shal sel his drink at higher prizes than shall be appointed by the justices of the peace , &c. he shall forfeit for every barrell so sold , six shillings , for every kilderkin three shillings , and four pence ; for every firkin two shillings ; for every lesser vessell twelve pence , and for a greater then a barrell , tenne shillings to the king and informer , 28 , hen. 8. 4. and poulton 2. 3. the justices of the peace for every shire where any ale or beere-brewer doth dwell ( out of a city , borough , or town , or other place where no head officer hath any rule ) have power to sess and tax by their discretions the prices of every barrell , kilderkin , or firkin of ale or beere . 23 h. 8. 4. & p. just . 78. 4. if any person shall by himself or otherwise , directly , or indirectly sell , utter , or deliver any beer or ale to any person , or into the house or seller of any person that then shall sell beer or ale as a common tipler without license then in force to sell ale or beere , hee shall forfeit for every barrel 6. s 4d . and so after that rate for a greater or lesser vessel or quantity , 4. iac. 4. and p. ale-houses , so ; buggary . the iustices of peace may hear and determine the said offences of buggary , as they do use to do in other cases of felony , and such offender shal not be admitted to his clergy , 25 h. 8. 6. 5. el. 17. & p. 1. burglary . burglars shall not have the benefit of their clergy , 18 el. 6. but there are four speciall things which must concur to make this felony , viz. 1. the time only in the night . 2. the place either publique , as the church , or walls or gates of a city , or walled town , or private , as a dwelling , house , and then some body must be within at the same time . also the breaking in the night of a stable , barn , or , other out-house adjoyning or near the dwelling house , to the intent to steal , is burglary , though he take nothing . see dalton . 3. the manner consisteth , partly in breaking of the house , and partly in entring therein ; yet it seemeth that he that is taken in the only attempt of a burglary , shall be hanged though he make no actuall entry , as to put back the leaf of a window , to draw the latch of a door , or turn the key in the inner side of the door , to break a glass window and hook out any goods , or to come down a chimney , &c. 4. the intent , which must be either to kill or rob some person , or do some other felony , see dalton 223. burning of houses . to burn a dwelling house , or other house parcel thereof , by night or day feloniously is felony . so it is to burn a stack of corn feloniously . so it is to burn a barn adjoyning or near a dwelling house in the night feloniously . so it is also to burn a barn in the day time having corn in it , though it be not adjoyning to the dwelling house . butchers . 1. if a butcher shall buy cattel , and sel the same alive , he shal forfeit to the king and informer the same cattel , 3 & 4 ed. 19. 1. iac. 25. & p. 2. if a butcher or other person shall kill any weanlings , bullock , steer , or heifer being under the age of 2. years , to the intent to sell the same again whole or by retail , he shall forfeit to the king and informer for every one six shillings and eight pence , 24 h. 8. 2. 1 iac. 25. & p. 2. 3. a buther that selleth swines flesh measled , or flesh dead of the morein , after he shal be convicted thereof , shal for the first time be grievously amerced , the second time be judged to the pillory ; the third time he shal be imprisoned and fined , and the fourth time he shall for swear the town . and in this manner it shal be done of all that oftend in like case , as of cooks , &c. 51 h. 3. and p. 4. 4. if a butcher shal gash or hurr any hide of ox , bul , steer , or cow , he shall forfeit for every hide , 20. d. 1 iac. 22. or shall water any hide , except in iune , iuly , or argust , or shall put to sale any putrified , 3 , s . 4. d. ibidem & p. leather 1. 5. no butcher or other person shal kill any calfe to sel , being under five weeks old , on pain to forfeit for every calf 6. s . 8. d. 1 iac. 22. & p. leather , 2. 6. no butcher shall be a tanner simul & semel , under the pain of forfeiting 6. s . 8. d. for every day . 1 iac. 22. & p. ibidem , 3. butchers conspiring to sel their meat at certain prices . see artificers . 1. captains , souldiers , musters . 1. if any souldier serving the king in his wars shal give away any horse , gelding , mare , or harness wherewith he was set forth , he shal be imprisoned till he make satisfaction , 2 ed. 6. 2. & p. just . 84. 2. if any person absenting himselfe without true and reasonable cause ( being commanded to muster before any having authority for the same ) or not bringing with him in a readiness his best furniture of array , and armour of his own person , he shall be ten dayes imprisoned , or pay forty shillings fine , 4 & 5 p. & m. 3. & p. 12. 3. if any person authorised to muster or levy men for the kings service in war , shall take any reward for the discharge or sparing any from that service , or shall not pay to his souldiers their whole wages , conduct , and coat money , within ten dayes after he shall receive the same , or for gain hath licensed any to depart out of the service , he shal forfeit for every offence ten times as much as he taketh , and pay to every souldier treble the sum withholden , 4 & 5 p. & m. 3. 2 ed. 6. 2. & p. 12. 4. every parish shal be charged with ● weekly summe towards the reliefe of ●ouldiers and mariners by the more ●art of the justices of the peace in ●heir generall quarter sessions next af●er easter yearly , so as no parish be ra●ed above 10. d. nor under 2 d. and so as ●he totall summe of such taxations in a●y county where there shall not be above 50. parishes do not exceed the rate of six pence for every parish in the same county , 43 eliz. 3. & poulton 17. a remedy for such as refuse to pay the said taxation , ibid. 5. who shall collect the said taxation , and how , and when they are to dispose of it , see 43 el. 3. & poulton , ●18 . 6. the justices of the peace shall grant reliefe in quarter sessions to souldiers and mariners , and may alter and revoke the same again , ibid. & p. 19. they may also alter and dispose of the surplusage of the stook , as the most of them there shall think fit , ibid. & p. 24. 7. if a souldier or mariner shall be taken begging , or shall counterfeit a certificate , he shall for ever lose his pension , and be punished as a common rogue , ibid. & . p. 23. 8. if a souldier , mariner , or drummer depart from his captain without licence , it is felony , 18 h 6. 19. & p. 3. 9. if a souldier or mariner wande● abroad without a testimoniall , it is felony . so it is in every one wandring 〈◊〉 a souldier or mariner , which shal forge● or counterfeit a testimonial , 39 el. 17. & p. sub titulo mariners 4 & 5. 10. how and by whom a certificate of a souldier or mariner shal be allowed and made , see 43 el. 3. & p. 19. church and church-yard . 1. if any person shall malitiously strike with any weapon in church or churchyard , or draw any weapon there to that intent , and shall be thereof lawfully convict , he shal have one of his ears cut off , and if he have no ears , then he shall be burned in the cheek with a letter f. and stand ( ipso facto ) excommunicate , 5 & 6 ed. 6. 4. & p. fighting 4. 2. fairs or markets in churchyards , see fairs . 3. if any shall feloniously take goods ●●t of any church or chappell , it is ●●lony , and he shall not have clergy , ●●e p. clergy i3 . 4. whosoever not having lawfull ●●d reasonable excuse to be absent , shal 〈◊〉 repair to his or her parish church chappell accustomed , or upon let ●●reof , to some usuall place where ●●mmon prayer , is to be used every ●●nday , and other holyday , and there ●●erly and soberly abide during the ●●e of such common prayer , preaching ●●other service of god , and shall be ●●ed in question within one month 〈…〉 r default , shal forfeit for every de 〈…〉 t 12. d. to the use of the poor where 〈◊〉 offenders shal be resident and abi 〈…〉 g at the time of such offence com 〈…〉 ed , 1 el. 2. 3. iac. 4. & p. recusants 〈◊〉 50. 〈…〉 nd whosoever being above the age 〈…〉 6. years , shal not repair to some 〈…〉 rch or chappel as aforesaid , shall 〈…〉 eit for every month 20. l. to the king el. 1. & p. recusants 3. 〈…〉 nd whosoever shal keep , relieve or 〈…〉 our any such person , shal for se it every month , i0 . l. 3 iac. 4. & p. re 〈…〉 t s 5i . see recusants . church-wardens , and overseers . 1. if the church-wardens and o 〈…〉 seers of the poor of every 〈◊〉 rish shall not take order for 〈◊〉 ting a work , or relieving their poor , 〈◊〉 for assisting the inhabitants and o 〈…〉 piers of land in their parish , or sh 〈…〉 not endevor to levy such assessments , 〈◊〉 shal not meet together monthly & 〈◊〉 count as they ought , every one mak 〈…〉 default , shall forfeit for every de 〈…〉 20. s . to the use of the poor . 43. el. 〈◊〉 p. poor 2. i2 . and if any church-warden , overseer shall refuse to account , 〈◊〉 justices may commit him to p 〈…〉 without bayle till he make a true count , and satisfie and pay so much upon the said account shall be re 〈…〉 ning in his hand , 43 el. 2. & p. 4. 2. if the church-wardens , &c. s 〈…〉 not truly collect , and pay over to 〈◊〉 high constable of that division dayes before the end of every qu 〈…〉 sessions such money as they ough 〈…〉 pay for the relief of the prisoners i 〈…〉 marshal sea and kings-bench , then t 〈…〉 shal forfeit for every default i0 . 5. the uses in this act comprised , 43 el. 2. & p. poor i4 . and they also forfeit 5. l. for not levying the money , and paying the same money so taxed for reliefe of the prisoners in the common goales of the county , according to the stat. i4 el. 5. and p. prison 4. 3. if the churchwardens and petty constables shall not truly collect and pay to the high constables of that division ten dayes before every quarter sessions such mony as they ought to pay for the relief of souldiers and mariners , they shal forfeit for every default 20. s . 43 el. 3. and p. capt. &c. i7 . i8 . 4. if the churchwardens or over-seers , or other officer to whom the mony forfeited by 4 jac. for uttering beer or ale to tiplers unlicensed shall be payed , do not within convenient time truely bestow the same among the poor they shall forfeit double the value thereof , 4 jac. and p. alehouses i2 . i3 . 5. the churchwardens duty in levying the penalties of alehouse-keepers , &c. see constables 9 their duty in presenting the monthly absence from church of recusants , see constables i4 . 7. their duty in chusing dayes for amending the high wayes , see high-wayes i. ii . 8. they forfeit 5. l. for not receiving rogues lawfully sent unto them . their duty for binding out poore children apprentices , and imploying their mony according to the stat. 7. iac. 3. see constables i5 . clergy . 1. in what cases clergy is allow 〈…〉 and what not , see poulton i. &c. 2. where clergy lyeth , it 〈◊〉 grantable but once to one person ( e 〈…〉 cept he be within holy orders ) 4. h. 7 〈…〉 i3 . & p i6 . clark of the market : 1. if the clark of the market shall take any common fine to dispence with faults , or shal ride with more than six horses , or tarry longer in the country than the necessity of his business requireth , he shal forfeit to the king for his first offence , 5. l. for the second offence 10. l. and for the third offence 20. l. 13 ric. 2. & p. 1. 2. he ought also for to have all his weights and measures signed according to the standard of the exchequer with him , when he goeth to assay weights and measures , and he nor any other shall use any other weights or measure , i● ric. 3. & p. i. cloth. 1. the justices of peace in their severall quarter sessions may enquire , heare , and determine every fault and offence made , or done contrary to the act of 39 el. 20. concerning woollen cloth , see p. drapery , 127 , &c. & 43 el. i0 . 2. if any person shal present any cloth which is defective or faulty contrary to the stat. 5 ed. 6. the same cloth shal be by two justices of the peace cut into three equal parts , where of the king shal have one , the presenter one , and the third they shal retain themselves , 5 ed. 6. 6. & p. drapery 29. 3. if clothiers , or other masters shal refuse to pay such wages to their spinsters , weavers , and other workmen whatsoever as shal be assessed by the justices of the peace at their sessions , and shal be thereof convict , they shal forfeit for every such offence , ten shillings to the party grieved , i iac. 6. & p. just . 66. 4. if spinsters , carders , weavers , &c. shal imbezel , sel or detaine any part of their clothiers wool , or yarn , as wel every one of them , as the buyers , and the receivers thereof knowing the same to be imbezelled , being convicted thereof by confession of the parry , or proved by one sufficient witness upon oath , before two justices , shal give such recompence to the party grieved , as the justices shal think sit , and if they be not able , then to be whipped and set in the stocks near the place where the offence was committed , 7 iac. 7. 5. if any person shall wittingly use any deceitful art or means with linnen cloth , whereby the same is made worse for the use thereof , he shal forfeit his said cloth , and suffer one monthes imprisonment at the least , and pay such fine as shall be assessed by the justices , 1 eliz. 12. & p. linnen cloth 2. dyers and dying . the default and punishment of dyers , 23 eliz. 9. 39. eliz. 11. & poul . drapery , 65. & just . 82 conjuration , witchcraft , prophesying 1. whosoever shall use invocation , or conjuration of any evil spirit , or shal consult . covenant with , entertain , imploy , feed , or reward any evil spirit , for any intent ; or shall take up any dead man , woman , or child , or any part of any dead person , to be used in any manner of witchcraft , sorcery , charme , or inchantment ; or shall use witchcraft , inchantment , charm , or sorcery , whereby any person hath been killed , destroyed , wasted , consumed , pined , or lamed in his body , or in any part thereof , shall , together with his aiders , abettois , and councellors , being lawfully convicted , suffer death as a felon , and not have the benefit of clergy , i iac. i2 . and p. 1. 2. vvhosoever shall undertake by vvitchcraft , inchantment , charm , or sorcery , to tel in what place any treasure of gold or silver may be sound ; or to the intent to provoke any person to unlawful love , or to impare , or destroy any persons goods or cattle , or to hurt any person in body , although the same were not effected , sha●l for the first offence suffer imprisonment by the space of one whole year without bail , and once every quarter of the said yeare , shall in some market-town on the market or faire day , stand openly on the pillory by the space of six hours , and there openly confesse his fault and offence , 1. iac. i2 . & poult . 2. and for the second offence shal suffer death as a felon , and not have clergy , ibid. & p. 3. 3. whosoever shal advisedly advance , publish , and set forth by writing , printing , open speeches , or deed to any other person , any fantastical or false prophesie upon arms , fields , beasts , or badges , or upon any time , name , bloudshed , or war , to make thereby rebellion , dissention , loss of life , or other disturbance within the kings dominions , shal for the first offence be imprisoned a year without bail , and forfeit to the king and informer 10. l. and for the second offence be imprisoned during life , without bail , and forfeit to the king and informer all his good and chattels , 5 el. i5 . and p. prophesying . constables . 1. every constable ought to be idoneus homo , that is to say , apt and fit for the execution of the said office , and he is idoneus who hath these three three things , viz. 1. honesty : 2. knowledg . 3. ability . 1. honesty to execute his office truly without malice , affection or partiality . 2. knowleege to understand what he ought to do . 3. ability , as wel in substance , or estate as in body , that so he may attend and execute his office diligently , and not through impotency of body , or want , to neglect the place . and if any shal be chosen constable , which is not thus enabled and qualified , he may be discharged , dalt . s . 37. 2. all constables and other officers ought to be attendant and assisting to the justices of peace for the execution of the stat. 33. & 37. h. 8. concerning retainers , giving of liveries , maintenance , embracery , bow-staves , archers , unlawful games , fore-stallers , regraters , victuallers , and innholders , upon pain to be fined by the discretion of any two justices of the peace , p. just . 20. 3. if a constable or such other officer shal arrest one for felony , and after suffer him to escape , it is felony in such constable , of whatsoever other kinde the offence be ; if the officer shall by his will or negligence suffer the party to escape , he shall be fined , which fine shall be equal with the value of his goods , if his fault do so require , see the duties o● constables , f. 22. 4. if a constable , or other head officer shall be requested to resist purveyor which refuseth to make ready payment of any purveyance not exceeding forty shillings , and he notwithstanding shal not aide and assist such own●r , he shal pay to the party grieved the value of the thing taken , and his double damages , 20 hen. 6. 8. & poulton purveyors , 22. & just . 58. 5. if the constable , or other such officer of any township upon request made , and for the avoiding the loss of corn , or grain , or hay in the time of harvest , shal not cause all such artificers and labourers ( as be meet to labour ) by his discretion , to serve by the day , for the moowing , reaping , or inning of corn or hay , according to the skill and quality of the person , and such as refuse to imprison in the stocks by the space of two dayes and one night , he shall forfeit 40. s . 5 el. 4. & p. labourers 13. 6. if constables and tything-men shal not make privy search within their limits for rogues and vagabonds according to the statute 7 iac 4. or shal not safely convey all such rogues and idle persons at the charge of the hundred , as by the justices warrant shall be sent to the house of correction , they shall forfeit such fines as the justices shall think fit , not exceeding forty shillings for every such offence , 7 iac. 4. 7. if any constable , or tything-men shal not do his best endeavour to apprehend such rogues as beg , 〈…〉 bide within his limits , or shal not cause them to be punished , and conveyed away , according to the stat. 39 el. 4. h● shal forfeit for every default 20. s . ibid. and i lac . 7. & p. vagabonds , 5. and vide p. ii . how this forfeiture shal be imployed . 8. if any constable , headborough , or tythingman shall not punish , and convey every rogue and beggar that shall be brought and set on land here , from ireland , scotland , or the isle of man , according to the law , he shal forfeit for every default i0 . s . 39. el. 4. p. vagabonds 6. 9. if any officer wil not receive a rogue , to convey him according to the law , he shall forfeit five pounds , p. vagabonds 5. and if any being a sturdy or imputent rogue shall be sent to a towne where he ought to be sent , and shal be refused , that person refusing shal forfeit 5. l. and he that is sent , is to be offered to the churchwardens and over-seers . to send rogues by a general pasport is a forfeiture of 5. l. 10. if any constable , or other inferiour officer shall not whippe such hedge breekers , robbers of orchards , and gardens , cutting of corn and wood &c. as shall be for that purpose committed to them by a justice of the peace , he shall be imprisoned without bayle till it be done , 43 eliz. 7. & p. trespass 2. 11. every constable , and other officer that shall willingly make default in levying such money as they shall be commanded by the warrants of any mayor , justices of the peace , &c. for the relief of the poore infected with the plague , shall forfeit for every such oftence ten shilings to the use of the poore infected persons , i iac. 31 and p. plague 3. 12. if any constable or other inferiour officer , to whom it shall be given in charge by precept from any justice of the peace , within his limits shall neglect the due correction of a drunkard , or the due levying of the penalties imposed upon such offenders , where distress may be had , he shal forfeit ten shillings to the use of the poor of the same parish , 4. iac. 5. & poulton . drunkenness 2. 13. if any ale-house-keeper shal be neglected by the constables or church wardens not doing their duty in levying of the penalties &c. or in default of distress , shall not crucifie such default by the space of two dayes then next ensuing to the justices within whose limits the offence shal be committed , the constables , &c. shall forfeit for every such default fourty shillings to the poor , 1 iac. 9. & p. ale-houses 8. 14. if constables and other head officers shall not make due search weekly , or at the furthest once every month , where unlawful games be , and execute the statute in all things according to the purport of the same , shal forfeite for every month fourty sh . 33 hen. 8. and poulton players , 6. 7. 8. see who shal have forfeitures , ibidem . 15. if the parson or vicar of a town or parish , not corporate together , with the constables and churchwarrdens , collecters , and over-seers , where any summe of money is , or shal be given to be imployed for the binding out of poor children apprentices , or any of them shall forbear wilfully , or refuse to imploy such money according to their duties therein , every of them so offending , shall forfeit three pounds , six shillings , eight pence , for every such offence , the one halfe to the use of the poore , and the other halfe to any that will sue . 7 iacobi 3. 19. if constables and church wardens , or where there be none , the chiefe constables of the hundred shal not once every year present the monthly absence from church of popish recusants according to the stat. of 3 iac. 4. they shall forfeit for every default twenty shillings , 3 iac. 4. p. recusants 41. 17. it that constables do not see wath duly set and kept from sun setting till the sun rising , between ascention day , and michaelmas day , and make presentment to the justices of the peace at their sessions , of the default of watches , and such as lodge strangers , for whom they wil not answer , they shal be fined by the discretion of the justices , vvinch . 13. ed. 1. 5. hen 4. 3. & poult . watch 1 , & 2. 18. if a constable being present at an affray , shall not do his best endeavour to part them , it being presented at the sessions , he shal bee deeply fined , and the affrayer at the discretion of the justices , he may justifie the hurting of them if they resist , & may command assistance , and imprison the affrayors in the stocks til they find sureties of the peace , dalton fol. 28. high constables . see the constables duties in choosing surveyors of the highwayes , highwayes i. if the high constable or other head officer shall not pay the money by him received for the reliefe of prisoners in the goale at the next quarter sessions to the persons appointed by the justices to receive the same , he shall forfeit five pound , halfe to the king , the other to the prisoners , el. 5. i iac. 25. & poult . prisoners 4. if the high constable shall not pay at every quarter sessions to one of the treasurers of the shire such money as the churchwardens shal pay to him for the prisoners in the marshalsey , and kings-bench , he shall forfeit for every default 20. s . 43 eliz. 3. & p. poor people 14. if the high constables shal not pay in like manner that money which the petty constable or churchwardens bring to him for disabled souldiers , he shall forfeit 40. s . 43 el. 3. & p. captains 18. see churchwardens 3. for the constables neglect herein . correction-houses . 1. every justice of peace in the county where there is not a conveient house of correction with convenient backsides , and necessary 〈…〉 mplements , shall forfeit 5. l. 7 iac. 4. 2. the more part of the justices may at any time of quarter sessions , give order for the erecting of houses of correction , and for stocks of money , and al other things necessary for the same , or for the government thereof , 39 〈◊〉 e. 7. 3. houses of correction are to be purchased , conveyed , or assured upon trust to such persons as by the more part of the justices of the peace in their quarter sessions of the peace shall bee thought fit . and such justices may at their said quarter sessions , next after such houses built , and so from time to time appoint governours or masters thereof , and may make them such allowance and maintainance as they shal think meet , and if the masters of the houses of correction shall not every sessions yeild a true and lawful account to the justice of the peace of all such person as they have committed to their custody , or if the said persons shal trouble the countrey by going abroad , or escape from such houses of correction , the most part of the said justices in their quarter sessions may fine the said masters and governors as they shall think fit . 7. iac. coopers . 1. the prices of all barrels , kilderkins , firkins , and other vessels to be sold for ale , beer , or sope to be uttered therein , made or sold out of any city , borough , or town corporate , shall be taxed by the justices of peace , or the more part of them being present in the quarter sessions yearly after easter , at such prizes as they shal think fit and reasonable , and if any cooper shal fel any of the same above such prizes assessed , and proclamation thereof made , he shal forfeit for every vessel sold at a greater price , three shillings four pence to the king and informer . 8. eliz. 9. & p. 1. & iust . 79. 2. if any cooper shall make his vessels for beer or ale of unseasonable woood , or shall not make a beer-barrell to contain 36. gallons ; a kilderkin for beer , 18. gallons ; a firkin fur beer 9. gallons , and a barrel for ale , 32. gallons , a kilderkin for ale 16. and a firkin 8. gallons of the kings standard . and if any cooper shal make any vessel for beere or ale to be sold of any greater or lesser number of gallons than is aforesaid , unless he cause it to be marked upon every such vessel the certain number of gallons it containeth , and that with his own mark , he shal forfeit 3. shil . 4. d. 23 h. 8. 4. & p. 2. 3. whosoever shal make any vessels that being empty containeth not 32. gallons for the barrel , 16. for the halfe barrel , and eight for the firkin , or weighed above 26. pounds the barrel , the halfe barrel 13. and 6. and a halfe the firkin , shallose 3. shil . 4. d. for each one , 23 h. 8. 4. 4. whosoever shal diminish any vessel to deceive another shall forfeit 3. sh . 4. d. and be further punished at the discretion of the officer , 23 h. 8. 4. & p. 3. corn. if any person shall buy corn in any fair or market , for change of hi 〈…〉 sed , having then sufficient for hi 〈…〉 house , and for sowing of his ground for a year , and shall not bring thither ( if he might ) somuch as he did so bu 〈…〉 and the same day sell it after the price then going , he shal lose double the value of the corn so bought , 5 ed. 6. i4 . i3 el. 25. and p. 30. transporting of corn , see poult . 〈◊〉 , &c. coroners . 1. who shal be coroners , and of whom , and where they shal be chosen , and of what thing they shal enquire , see 3 ed. i. i0 . i4 ed. 5. 8. p. i2 . 2. if a coroner be remisse in viewing a dead body murdered , or flain , and shall not enquire of them that did the murder of death of their abettors , or consenters , who were present thereat , and their names , or so found , shall not enrole certifie , and deliver his inquisition according to the law , he shal forfeit unto the king five pound for every offence , 3 hen. 7. 1. & poulton , 12. i4 . 3. if a coroner shal refuse to do his office upon the view of a dead body , by misadventure , without any fee therefore , he shall forfeit 40. s . i h. 8. 7. but upon an inquisition taken upon the view of the body slain , he may take 13. s . 4. d. 3. h. 7. 1. & p. i5 . but if he take more , it is extortion . 4. every coroner which shall be absent from the assessing of wages for the knights of the shire , shal forfeit to the king 40. s . 23 h. 6. i1 . & p. parl. 12. 5. if a coroner shall conceals , or not arrest felons when he may he shal be one year imprisoned , and make a grievous fine , or not being able , shall be imprisoned 3. years , vvestm . 1. 3. ed. 1. 9. & p. felony 1. 6. if default be found in a coroner for impannelling a jury , or returning issues upon a commission to enquire of a ryot , &c. he shall pay to the kings use 40. l. 2. h. 5. 8. & p. ryots 7. cottages and inmates . 1. no person shal make , build , 〈…〉 rector cause to be builded 〈…〉 erected any manner of cotage for dwelling , or convert or orda 〈…〉 any building or housing to be used as 〈…〉 cottage for dwelling , unless he : do 〈…〉 thereunto 4 acres of ground at the 〈…〉 being his or their own freehold 〈…〉 inheritance , lying neer to the said cotage , to be continually manured the● with so long as the said cottage shal be inhabited , upon pain to forfeit to the king for every such offence 10. l. 31. 〈…〉 7. & p. 〈◊〉 , 2. whosoever shall willingly maintain or uphold such cottage , not having so many acres so lying and manured , shall for 〈…〉 it to the king for ev 〈…〉 〈…〉 forty shillings , 31. eliz. 7. 6. p. 2. 3. whosoever shall place or willingly suffer any inmates , or more than 〈…〉 dwelling in one cottage , shall forfeit● to the lord of the le●te for every month 10. s . 31. el. 7. p. 3. just 10. 1. counterfeiting of letters or tokens . whosoever shall falsly and deceitfully get into his hands , or possession any money , goods , chattels , jewels , or other things of any other person , by color or means of a privy token , or counterfeite letter , made in another mans name , the same being proved by confession , or 〈…〉 xamination of witnesses , shal suffer any corporal pain ( except death ) as shal be adjudged , and besides the party grieved shal have his remedy by action or otherwise for the same money or goods , 33 h , 1. & p. & just . 54. cut-purse . a cut-purse , not he which shal feloniously take any money , goods , or chattels from the person of another privily without his knowledg in any place whatsoever , shall not have the priviledg of his clergy , but suffer death as a felon , 8 el. 4. & p. clergy i. escape 1. iustices of peace in their sess 〈…〉 may enquire of all manner 〈…〉 scapes for felony , 1 r. 3. 3. and so for murder , and certifie thereof 〈…〉 king in his bench , 3 h. 7. 1. & p. ju 〈…〉 2. if any person be murdered or 〈…〉 in the day , and the murtherer es 〈…〉 untaken , the township where the 〈…〉 deed is done , shall be amerced for 〈…〉 said escape , 3 h. 7. 1. and poult . 2. 3. escape is of two sorts , viz. 1. voluntary . 2. negligent . and for a voluntary escape , if 〈…〉 arrest or imprisonment were for f 〈…〉 ny , it shall be adjudged felony in 〈…〉 which did suffer the prisoner to escap 〈…〉 &c. and note , that a ooluntary escape 〈…〉 not felony , if the act done were 〈…〉 felony at the time of the escape 〈…〉 but it is finable , and so is a neglig 〈…〉 escape , vide dalt . s . 140. escheators . no escheator shall sel or let to farm his office , nor make any deputy , but such as wil a 〈…〉 for at his peril , and shal certifie his 〈…〉 under his letters pattents to the 〈…〉 surer and barons of the exchequer , 〈…〉 in twenty dayes after , upon pain to 〈…〉 eit for every offence forty pounds 〈…〉 ed. 9. & p. just . 19. if an escheator shal take for the 〈…〉 ution of any diem claufit extremum , 〈…〉 ther writ in any county above 40. 〈…〉 r 40. sh . where the lands are not 〈…〉 en in capite , he shall forfeit fonrty 〈…〉 ds to the king and informer . 〈…〉 . 6. 17. & p. 9. and for taking a 〈…〉 15. s . for the finding the office of 〈…〉 ds not exceeding five pound per 〈…〉 m , shall forfeit for every offence 〈…〉 pounds to the king and informer . 〈…〉 h. 8. 12. & p. 〈◊〉 . whosoever shal take upon him to 〈…〉 ute the office of escheator not ha 〈…〉 freehold of the yearly value of 〈…〉 ty marks above all charges , he shal 〈…〉 it twenty pounds , i h. 8. 8. 3 h. 6. 〈…〉 p. 5. extortion . in sheriffs and their ministers , 〈◊〉 p. sheriffes , 6. 7 , 8 , 9. 2. in coroners , see p. coroners , 〈◊〉 3. in muster masters , see p. captaines , 14. 4. in escheators , see p. escheato 〈…〉 3. & 9. 5. in ordinaries , see p. ordi 〈…〉 ries , 2. 6. in the clerks of the market , 〈◊〉 p. 1. 7. in a parson , vicar ; or cura 〈…〉 5 el. & p. fish-daies , 3 & 5 el. 4. labourers , 7. 8. in a spiritual person for a mo 〈…〉 ry , 2 h. 8. 6. & p mortuary 7. 9. in the clerk of the peace , for 〈…〉 rolment in the county , see inrol 〈…〉 p. 2. & 27. h. 8. 16. and for registring the license a 〈…〉 recognizance of a badger , &c. see 〈◊〉 〈◊〉 12. 3. el. 25. & p. badgers 3. faire and market . if the owner , officer , or ruler of any faire or market shal not yearly appoint one certain open place here for the sale of horses , &c. and one ●fficient person , to take tole , and keep ●e said place from tenne of the clock 〈◊〉 the forenoon until sun set , he shall 〈…〉 rfeit for every default , 40. s . to the 〈…〉 ing and infor. 2 & 3 p. & m. 7. & . p. 4. 2. when , where , and for whom role ●r horses must be taken , ibidem , & ●oul . 5. 3. the sale of any stoln horse in a ●air or market shall not take away the ●wners property , except the horse be ●penly ridden , led , walked , driven , or ●ept standing by the space of an hour , ●etween the hours of 10. in the morning ●nd sun set , in the open place of the air , and lawfully toled , 2 & 3. p. & 〈◊〉 . 7. & p. 5. and yet nevertheless the owner ●ay redeem the stoln horse within six ●onths paying the price , 3 i el. 12. & 〈◊〉 . 8. 5. no person shall sel or put away ●ny horse in any faire or market , un●ess the , tole-taker , book-keeper , bai 〈◊〉 , or chiefe offic 〈…〉 thereof , will take perfect knowledg thereof , and enter the sellers name , &c. into a book kep● for horses sold , or unless the seller 〈◊〉 bring to such tole-keeper , or other officer one cred●ble person testifying th● he knoweth the seller , and there ente● into such a book , as wel the summe a● the name , sirname , mystery , and plac● of such testifier , together with th● price taken for such horse , and no 〈…〉 shall so testifie unless he do truly kno● the same ; and no tole-taker , &c. sha● make entry of any such sale , unless 〈◊〉 know the seller or testifier of such horse and giving unto the buyer requiring and paying two pence for the same 〈◊〉 true and perfect note in writing under his hand of all the contents of the same , upon pain that every person offending in the premises shall for 〈…〉 or every default 5. l. and the sale to be void , 31 el. 12 & p. 7. 5. if any person shall keep faire 〈◊〉 market in the churchyard , he shall be punished at the discretion of the justices , 13 ed. 6. 1. & p. 10. pheasants , partridges , &c. 1. vvhosoever shall take or cause to be taken any pheasants or partridges , by nets , snares , or other engines , upon the freehold of any other , without his special license , shall forfeit to the owner of the ground , and the informer , ten pound , 11 h. 7. & p. 1. & just . 38. 2. whosoever shall take , kill , or destroy any pheasants , or partridges with any net , or other devices whatsoever in the night time , ( except unwillingly by lowbelling or tramelling , who also shall then and there presently let them go again ) shall forfeit for every pheasant 20. s . and for every partridge 10. s . to be payed within ten dayes after conviction , or in default thereof to be imprisoned for a month without bayle , and over and besides such forfeiture or imprisonment , to be bound with sureties for two years , not to offend so againe , 23. el. 10. & p. 2. & 5. & just . 38. see who shall have forfeirures , ibid. p , 3. 3. whosoever shall shoot at , kill , or destroy with any grinne or bowe , any pheasant , partridge , house dove , or pigeon , herne , mallard , duck , teale , wigeon , goose , heath-cock , more-game , or any such foule , or any hare , or shall take , kill , or destroy any pheasant , partridge , house-dove , or pigeonwith setting-dogs , and nets , or other engines , or shall take the egges of any pheasant , partridge , or swans , or willingly destroy the same in the nests , or shall trace or course any hare in the snow , or take any hare with hare-pipes , cords , or any such instruments or engines , the same being confessed , or proved by two sufficient witnesses upon oath before two or more justices , shall be by them imprisoned for 3● monthes without bayle , or forthwith pay to the use of the poore there , 20. s. for every foule , or hare , and for every egge of pheasant , partridge , or swan , so taken or destroyed , or after one month after his imprilonment become bound with two sufficient sureties in 20. l. a peece not to offend so again , 1 iac. 17. and poult . 6. 4. whosoever shall take , kill , or destroy any pheasant , or partridge , with seetting-dogge , net , or any other engine the same being confessed or proved by any sufficient witness upon oath before any two of the justices of the peace , shall be by them committed for three monthes without bayle , unless he forthwith pay to the use of the poore there 20. s . for every pheasant or partridge and be bound in 20. l. not to offend so again , 7. jac. 28. 5. 5. by the stat. 7 iac. 11. he that hath inheritance of 40. l. per ann . freehold of 80 l. per annum , or is worth in goods , 400. l. and their meniall servants thereto authorised , may take pheasants and partridges in the day time onely upon their owne and masters free warran , mannor , and freehold , between michaelmas and christmas , 7 iac. ii . 6. whosoever shall sell , or buy to sel againe any pheasant , partridge , hare or deere nor brought up in the houses , or brought from beyond the seas , shall forfeit for every pheasant 40. s . for every partridge 10. l. for every . hare 10. s . and for every deere 4. 〈…〉 s the one moyty thereof to the informer , the other to the poore , 1 iac. 17. & p. 8. see hawkes , 1. & 7. iac. 11. see hunters , 6. & 7. and poult . 6. fish and fish daies . 1. whosoever shall take any salmons between the feast of the nativity of the blessed virgin mary and saint martin , in any rivers or waters , or shall take young salmons at any mill poole , or any other place , between the midst of aprill and midsummer , or at any time cast in to any waters any nets by which the fry of any fish may be taken or destroyed , shall for the first offence have his not burned , for the second be imprisoned three monthes , and for the third a whole year , 13 edw. 1. 46. 13 r. 2. 19. & p. 1. & just . 41. 2 . whosoever shall with any net , or other means whatsoever , take and kill any young brood , spawn , or fry of any fish in any floodgate pipe , or taile of any mill , weare , stream , or river , salt or fresh water , or shall take there any salmons or trouts out of season ; that is , being keepers or shedders , or shall take or kil any pickerell under 10. inches , or trout under 8. inches , or salmon under 16. inches , or barbel under 12. inches fish in length , or shall fish in any of the said places with any net , but such whereof every mesh shall be two inches and 〈◊〉 half broad , shal forfeit for every offence 20. s . the fish and nets ( angling and the taking of smelts , gudgeons , eeles , &c. in places onely where they have been usually taken excepted ) 1 el. 27. & p. 34. & just . 40. this statute doth not extend to any river where the king hath any yearly rent or profit , ibid. & p. 5. 3. whosoever shall unlawfully ●re 〈◊〉 cut down , or destroy the head or dam of any pond , more , stew , or severall pir wherein fishes are put by the owner thereof , or shall wrongfully fish in any of the same , to the intent to take away the same against the owners will , shall pay to the party grieved treble damages suffer three months imprisonment , and then to be bound to the good behaviour with sureties for seven years , and the party grieved may take his further remedy for his loss and damages , and may release the suretiship of good abearing , at any time within the 7. years , 〈◊〉 el. 21. & p. 7. & just . 34. fish and the eating of fish . whosoever shall by writing or open speech notifie , that the eating of fish , or forbearing of flesh upon any dayes now usual observed as fish-dayes , is of necessity for salvation of souls , &c. shall be imprisoned and punished as spreaders of false news , 5. el. 5. & 1. iac. 25 , & poulton news 1. & 2. see 5 eliz 5. 35. eliz. 7 & 1 iacob . 20. & poulton , 1. &c. force and forcible entries 1. there are three degrees of force , viz. 1. such as enter peaceably and then hold forcibly . 2. such as enter with force , and then hold peaceably . 3. such as both enter forcibly , and hold forcibly . 2. whosoever maketh entry into any lands and tenements forcibly , and with strong hand , and multitude of people , and hereof shall be lawfully convicted , shal be imprisonned and fined at the kings pleasure , 5 ric. 2. 5. & p. 1. 3. whosoever shall enter into any lands or possessions with force , or entring peaceably shal hold the same with force , shall be committed to the next goale , there to remain untill they have payed a fine to the king , and whether the parties which made such entries be present or gone at the comming of the justice , he shal in some good towne , or convenient place near where such force was made enquiry by a sufficient iury of the same county , city , &c. of them which made such forcible entries , and if it be found that entry was made contrary to the statute , he shall reseize the said lands or tenements so entred upon , and thereof , put the party in possession which was in such sort put out 15 ric. 2. 2. 8 hen. 6. 9 & p. 2. & iust . 8. 9. none shall be endamaged hereby , which have continued three years possession , 8 h. 6. 9. nor any restitution upon any indictment , 31 el. 11. & p. 4 4. if the sheriffe or any other of the county , shall not attend to assist the justice , and to arrest such offenders , he or they so offending shal be imprisoned and pay a fine to the king , 15. r. 2. 2. & p. 5. the justices charges in the execution of these statutes , are to be born by the party grieved , ibid. & p. 2. forestallers , regrators and ingrossers . 1. a forestaller is he that buyeth , or causeth to be bought , or maketh contract or promise for the having , or buying any victuals or wares comming by land or water towards any faire or market to be sold , before the same shall be in the faire or market , &c. or that by any means maketh motion to any person for inhauncing the price of the same , or that doth disswade , move , or stir any person comeing to the martket or faire to forbeare to bring any of the same to any faire or market to be sold , 5. edw. 6. 14. & p. 1. 2. a regrator is hee that regrateth or getteth into his possession in any faire or market any corn , wine , fish , butter , cheese , candles , tallow , sheepe , lambes , calves , swine , pigs , geese , capons , hennes , chickens , pigeons , comes , or other dead victuall whatsoever , brought to any faire or market to be sold , and selleth the same again in any faire or market there , or within four miles thereof , 5. ed. 6. 14. & p. 2. 3. an ingrosser is he that ingrosseth or getteth into his hands by buying , contract , promise , taking other then by demise , lease , or grant of land of tythe , any corn growing in the field , or other corn or grain , butter , cheese , fish , or other dead victual within england , to the intent to sell the same againe . ( but such as do buy barley or oates without forestalling , and turn the same into malt or oatmeale , and sell it again , and such victuallers of all sorts as buy victuall without forestallings and sell it by retaile againe , and badgers and drovers being lawfully licensed , and not abusing their licenses , are excepted . ) so be all buyers of wines , oyles , spices , and other forreign victual brought from beyond the sea 〈…〉 ther , except fish and salt only , 5. edw. 6. 14. 5. eliz 12 , 13. el. 25 , & p. 5. & 6. 4. whosoever shal be duly convicted or forestalling , regrating , or ingrossing unlawfully within two years after the offences , shall for the first offence lose the goods or the value of them , and be two monthes imprisoned without bayle , and for the second offence lose double the value of the goods , and be imprisoned six monthes without bayle ; and for the third , offence lose and forfeit all his goods and cattle , stand on the pillory , and be imprisoned at the kings pleasure , 5 ed 6. 14 & p. 4. & iust . 3 i. 5. whosoever shall buy any oxen , runts , steers , kine , calves , sheep , lambs , goates , or kids , living , and sell them again alive , except he keep and feed them five weeks , shall forfeit the double value of them , 5 ed. 6. 14. and p. cattles . 6. whosoever shall forestall any hides or buy any out of open market or faire , unless of such as killed beasts for their own provision , shall lose for every hide vj. s . viij . d. 1 iac. 22. & p. leather 7. 7. regrating of barks . see bark . 8. regrating of wool. see p. iust . 98. & wool. 9. ingrossing of tanned leather : see 5 edw. 6. & 15. & poulton leather 53. forging of deeds . whosoever being once convicted or condemned of any of the offences prohibited by the stat. of 5 eliz. against the forging of evidences and writings , and shall eftsoons commit the like again , shall be adjudged a felon , and not have his clergy , 5. el. 14. & poult . 4. a servant taken with a forged testimonial , shall be whipped as a vagabond ; see labourers . forging tokens or letters , see counterfeiters . goldsmith and gilding . 1. if any goldsmith , or worker of silver , shall work any silver that is not 〈…〉 e in allay as the sterling , or shall not set his mark upon his wo 〈…〉 before he set it to sale , he shall forfeite the double value , 2 h 6. 14. & p. 6. 2. if any gilder shall offend against the stat. 8. hen. 5. concerning the gilding of mettal and other things , he shal forfeit ten times the value of the thing gilt , and be imprisoned a year , 8. h. 5. 3. and p. 7. and just 48. good behaviour . sureties of the good behaviour i chiefly granted against common barrators , common quarrellers , and common breakers and perturbers of the peace , and also against ryoters , against such as lye in waite to rob , maim , or kill , or shall assault any , against such as are suspected to be robbers upon the highwaies , against such as are like to commit murther , or other grievances to the kings people ; and also against such as be of an evil name and fame generally , or in the place where they remain . 2 ed. 3. 6. 34 ed. 3. 1. & p. just . 18. & dalt . fol. 16. also against him that is suspected to have got en a bastard , lamb. 122. also against evesdroppers ; also against night walkers , and such as shall sleep in the day , and go abroad in the night , or use suspicious persons company , or shall commit outrages , &c. guns and crosbowes , 1. vvhosoever shall shoot in , or keep any gun , dag , pistol , crosbow , or stonebow , or shall carry in his journey any gun , dag , or pistol charged , or bow bent , but in time of war , or to or from musters , except he have in his owne or wives right 〈…〉 . 〈◊〉 . per annum in lands , tenements , fees , annuities , or offices , shall forfeit for every offence ten pound to the king and informer . 33. hen. 8. 6. & poulton 1. & 3. 2. whosoever shal shoot in , carry keep , use , or hand any gun , but such as in stock and gunne shal be a yard long ; or in any hagge , demihake , dag ; or pistol , not being three quarters of a yard long , shall forfeite for every offence , 10. l. 33 hen. 8. 6. & poult . 2. and every person having 100. l. per annum , may seize and take away any that is shorter , but must breake 〈◊〉 within twenty dayes after , under penalty of 40. s . he may also take away every crosbow from any not having lands , &c. as aforesaid , and keep it to his own use , ibid. 3. whosoever shal shoot in any gun , &c. neer to a market town , except for defence of his person or house , or at a but or bank of earth in a place convenient , shal forfeite for every shoot ten pound to the king and informer , 33 h. 8. 6. and if any person under the degree of a lord of the parliament , shal shoot in a hand-gunne in a city or towne at any mark upon a church , house , or dove coat , shall forfeite ten pound , and be imprisoned for three monthes , 2. edw. 6. 14. & poulton 4. 4. if a master command his servant to shoot otherwise then is aforesaid , he shal forfeit ten pound . the king must commence his suite within a year after , and every other person within a year after the offence was committed , for any penalty or forfeiture given them by the stat. 33 h. 8. 6. & p. 5. 5. every man may arrest an offender against this statute , and carry him before the next iustice , and such bringer shal have halfe the forfeiture , 33 h. 8. 6. & poult . 6. & just . 45. 6. whosoever shall shoot haile shot , ●or more pellets than one at one time , unless he be thereto licensed , shal forfeit ten pound , and be three monthes imprisoned , 〈◊〉 ed. 6. 14. & p. 10 , see 33 hen. 8. 6. and p. ●7 . see pheasants . such as are licensed to keep hawkes meat , may not shoot at other fowle than are mentioned in their licenses , nor otherwise , nor elsewhere than is allowed by the stat , 1 jac. 27. and if it be not contained in their said licenses at what fowls they shall shoot , or if any of them so licensed , shal not 〈◊〉 bound 〈◊〉 twenty pound not to shoot 〈◊〉 any other fowle , then the said licenser pl●c●●d to be void , 〈◊〉 iac. 27. 33 h. 〈…〉 6. & p. 9. & pheasants 〈◊〉 . & just . 38. hawks and hawking . 1. whosoever shall hawk at , destroy or kill any pheasants partridg with hawk or do● by colour of hawking , between the fi 〈…〉 of july , and the last of august , and 〈◊〉 same be proved by the parties consession , or by two sufficient witnesses upon oath before two or more justices of the peace within six months after the offence committed , shall be imprisoned for a month without bayle , unlesse he forthwith pay to the use of the poore there 40. s . for every such hawking at pheasant or partridg , and 〈◊〉 . s . for every pheasant or partridg 〈…〉 ●ac ii . 2. vvhosoever shall hawk , or with spannels hunt where any eared or codded corn shal be standing and not shocked or copped , shall forfeit to the owner of the same corn 40. s . 33 el. i0 . & p. pheasants 4. 3. vvhosoever shal unlawfully take away any hawk , or the egges of any hawke out of the woods or grounds of any other person , shal pay to the party grieved treble damages , suffer three months imprisonment , and be bound with sufficient sureties to the good behaviour for seven years after , or else to remain still in prison , and the party grieved may take his further remedy for his loss and damages , and may release the good behaviour before the seven years be expired , 5 eliz. zi . & p. i. & 3. just . 34. & ii . h. 7. i7 . 4. vvhosoever shall take any ei●er , falkon , goshawk , laner , or lanaret , or purposely drive them out of their coverts or kil them , shal for feit ten pound to king and informer . and whosoever shal bear any hawk of the breed of england called a nesse-goshawk , tassel-lanner , or lannaret , shal forfeit the same to the king , ii h. 7. i7 . & p. 4 , 5. & just . 39. 5. vvhosoever shal finde a hawke that was lost , and shal not forthwith bring her to the sheriffe of the county to be proclaimed , but doth steale it or carry it away , or conceale it , hee shall be used as a felon for stealing 〈◊〉 horse , 34 edw. 3. 22. 37 edw. 3. 1● & p. 2. herons . whosoever shall take any heron ( out of his own ground ) by craft or engine , except it be by hawking or long bow , shall forfeit for every heron six shillings eight pence : and whosoever shall take young herons out of the nest without license of the owner of the ground , shall forfeit for every heron 10. s . to the king and informer , 19 h. 7. 11. and p. 1. and just . 35. see pheasants . highwayes . 1. if the constables and churchwardens of any parish , shall not yearly in easter week chuse surveyors for mending the highwayes , and appoint six dayes for that purpose , according to the statute , they shall be fined . 〈◊〉 , & 3. p. & m. 8. 29 eliz. 5. & p. 〈◊〉 , 2. 2. if any surveyor refuse to take upon him the execution of the said office , he shall forfeit twenty shillings , ibid. 2. if any person having a plow-land in tillage , or pasture , keeping a draught or plough , and shall not finde one waine or cart furnished to worke eight hours every of the said dayes , he shall forfeite for every of the said draughts making default , ten shillings , ibid. a plow-land is so much as one can plow in a year , dalt . fol. 53. &c. 3. if any of the carriages of the parish shall not be thought needful by the surveyors to be occupied upon any of the said dayes , then such person as should have sent carriage shal send for every such carriage so spared , two able men to labour for that day , upon paine to forfeit for every man not sent 12. d. 2. & 3. p. & m. 8. 5 eliz. i3 . 29 ed. 〈◊〉 & p. 3. 4. if any housholder , cottager , or labourer having no plough or draught shall not by himself or some other , work eight hours of the said six dayes 〈◊〉 the highwayes , he shal forfeit for every default it . 〈◊〉 . ibid. & p. 4. 5. surveyors may by their discretion take other mens rubbish , stones , and gravel upon their grounds for amending the highwaies , but must stop the pits again within one month after such diging , upon pain to forfeit to the ow 〈…〉 5. marks , 5 el. i3 . 29. el 5. & p. 5. 6. surveyors may also turn a wat●● course being noysome to the highwayes into any mans ground adjoyning , ibid. & p. 6. 7. if the hayes , fences , dikes , or hedges neer adjoyning to any highway , shall not be diked ; scoured , repaired , and kept low , and all trees and bushes growing in the same cut down , the owners shall pay for every default ten shillings , 5 el. i3 . i8 . el. i0 . & p. 7. 8. if any surveyor shall not within one month next after any offence don● against the meaning of these statutes present the said offence to the next justice of peace , he shal forfeit for every offence not presented 40. s . and the same justice not certifying it at the next sessions , 5 el. 13. 29 el. 5. & p. 8. 9. if any offender shall obstinately refuse to pay his forfeitures &c. within 〈◊〉 . dayes after lawfull demand , he shal forfeit double the sum he should have payed , ibid. & p. 9. 10. if any person being assessed in subsidue to 5. l. in goods , or 40s . in lands , ●hal not find two able men to yearly 〈◊〉 labour in the highwayes , he shal be 〈◊〉 , i8 . el. i0 . & p. i2 . 11. vvhosoever shall occupy a plow-land in tillage or pasture lying in several parishes , shall be chargeable to the making of the wayes in the parish where 〈◊〉 dwelleth , i8 el. i0 . & p. i3 . 12. vvhosoever shall keep in his hands several ploughlands in severall parishes , shal be charged with the repairing of the highwayes within the several parishes where the said lands lie , 〈◊〉 . el. i0 . & p. i4 . 13. every person that shall occupy any lands adjoyning to and highways where any ditching or scouring ought to be , shal ditch and scour in his ground whereby to conveigh the water out of the highway , upon pai● to forfeite for every rod not so done 12. d. 12 eliz. 〈◊〉 ▪ & p. 15. 14. whosoever shall occupy any la 〈…〉 adjoyning to any highway leading 〈…〉 any market town , and shall cast or l 〈…〉 the scouring of any ditch into the hig 〈…〉 way , and shall suffer it to lye there 〈◊〉 the space of six monthes to the anno 〈…〉 ance of the highway , shall forfeite 〈◊〉 every load 12. d. 18. eliz. 10. & p 〈…〉 16. where any soyle hath been so 〈◊〉 into the highway , that there is a b 〈…〉 betweeen the said highway and the ditch , the surveyors and workm 〈…〉 may make sluces to convey the wa 〈…〉 into the ditch , ibid. see 2. & 3. pl. & m. 8. 18. el. 〈…〉 p. i0 , ii . & i7 . 15. if any lord of the soyle shal n 〈…〉 enlarge , the highwayes from market 〈…〉 market , so that no dike bush , or tr 〈…〉 ( except great ) be within two hundr 〈…〉 foot of each side thereof , for the bett 〈…〉 preventing of roberies and murthe 〈…〉 he shall answer for any felony d 〈…〉 therein , and for murther shall be fined at the kings pleasure , stat. winche 〈…〉 13 ed. 1. 5. and p. 18. 18. a remedy where it is not know 〈…〉 〈…〉 ho ought to make or repair bridges . 〈◊〉 h. 8. 8. 5. 1. 2. & 3. 4. & 5. and 〈◊〉 ▪ 70. if a man of his owne accord shall ●ake or mend a bridge , this shall no ●nde him at any other time ; yet if he ●nd his ancestors , or any corporation , 〈…〉 ave done it time out of mind , although 〈…〉 ot of right , yet such continuance shall 〈…〉 nd them and their heirs or successors 〈…〉 id dalt . ●ol . 34. if a man make a bridge for ●asement 〈…〉 his mill , and that decayeth , the party or any other shall be charged to repair 〈…〉 is , for it is no common passage , dalt . 〈…〉 l. 34. such as are chargeable to repaire 〈…〉 ridges , may enter upon any other 〈…〉 ans land or soyle adjoyning , and 〈…〉 ay lay their stone , time , timber , or 〈…〉 ther necessaries for the repairing ther 〈…〉 f , and the owner of the lands shal have ●o action against them therefore , be 〈…〉 use it is for the common good , dalt . 〈…〉 l. 34. horses . the justices of peace in their 〈◊〉 ter lessions may enquire of , h 〈…〉 and determine all defaults 〈…〉 offences done contrary to the sta 〈…〉 3● h. 8. i3 . & 33 h. 8 5. concorning 〈◊〉 keeping and breeding of horses , see 〈…〉 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , ii , 12. & just . 47 , 〈…〉 horse 〈…〉 al●●s , nor their accessa 〈…〉 before nor after shal not have their c 〈…〉 〈…〉 , 〈◊〉 ed. 〈◊〉 33. 3● el. 〈…〉 . & p. cle 〈…〉 concerning stealing 〈…〉 horses see faires &c. huy and cry : 1. all huy and cry ought to be made from town to town , a 〈…〉 from countrey to countrey , an● by horsemen and footmen , otherwise 〈…〉 is no lawfull pursuit , 27. el. i3 . & p. i. 9. 2. vvhosoever shal raise huy and cry without cause , or being raised upon good cause , shal refuse to pursue and arrest felons , or such as have dangerously hurt any man , shall be fined at the kings pleasure . 3. ed. i. 9. & p. i. 2. huy and cry shall be levied against him that will not obey the vvatch in the night . vvhat the party robbed ought to do which will take any benefit by vertue of the stat. of huy and cry , 27 el. i3 . & p. 8. i0 . hunters and hunting . 1. vvhosoever shal in the night unlawfully enter , &c. and hunt , take , or kil any conies shall suffer three monthes imprisonment , pay to the party grieved treble damage and cost , and be bound with sureties to be of good behaviour seven years after , 3 iac. 13. & p. forrests 9. ii . 2. vvhosoever shall by night or day unlawfully enter into any parke impaled , or other severall grounds inclosed for the keeping of deer , and there unlawfull hunt , drive , or chase out , or take , kill , or slay any deer against the will of the owner or occupier of the same , shall suffer three monthes imprisonment , pay to the party grieved ten pound , or treble damages and costs at his election . 7 iac. 13. quaere if he shall not be also bound to the good behaviour for seven years after , according to the stat. 3 iac. i3 . 3. to hunt in the night in any forrest , park , or vvarren , with vizors , or other disguisements , and to conceal the same , or any offender upon examination before a iustice of the peace , or to disobey any arrest for such hunting , or to make rescues thereupon , is felony ; but to confesse the truth is against the king ; but trespasse fynable by the iustices at the next sessions ; 1 hen. 7. 7. & poult . 4. & iust . 16. 〈◊〉 . vvhosoever committeth trespass in parks , shall make great amends to the party , be three years imprisoned , and bound with sureties not to comm●● the like offence , and be also fined at the kings pleasure , vvestin . i. 3. ed. i. 22. & p. forrests . 3. 3. vvhosoever having no park , &c shall keep , or cause to be kept any d 〈…〉 hayes , or bustalls , shall forfeite for every month , tenne pound to any that will sue for it by action of debt , &c. the like penalty for every time for any that shall stalke , or cause others to stalke with bushes or beasts at any deer without the license of the owner . i9 . hen. 7. 1i . & poulton 2 , & 3. & iust . 35. 6. vvhosoever shall have or keep any grayhound for coursing of deer or hare , or setting dogge or net to take pheasants or partridges , unless he have inheritance of ten pound per annum , freehold of three pound per annum , or is worth in goods two hundred pound , or be the sonne of a knight , &c. or son and heire of an esquire , &c. shall be three monthes imprisoned , unlesse he sorthwith pay to the use of the poor there 40. s . i iac. 27. and p. pheasants , 7. if any artifycer , labourer , or other layman not having lands or tenements of 40. s . pe annum , or any spirituall person , not having living worth i0 . l. per annum , shall have or keep any grayhound , hound , or other , dog to hunt , or shall use ferrets , hays , nets , harepipes , cords , or other engines to take or destroy deer , hares , conies , or other gentlemens games , he shall be imprisoned by the space of a yeare , i3 . r. 2. i3 . & p. 1. and iust . 36. and if any person not having lands , &c. of the cleare yearly value o● 40. l. or not worth in goods 200. l. shal shoot with gun or bow at deer , or conies or shal keep any buckstals or engins , hayes , gate-nets , purse-nets , ferrets , or coniedogs ( except keepers , vvarrenners , and owners of parks , and can make 40. s . per annum of the increase of conies ) every man having i00 . l. per annum , may seize and take , and keep to his own use for ever , such guns , bows , buckstalls , &c. 3. iac. i3 . & p. f orests i0 . see pheasants , 6. see pheasants , 3. see hawking in corn , 2. husbandry and tillage , see 39 el. i & 2 p. i , &c. & iustice 44. vvhosoever shall offend against the said statute , shall forfeit 20. s . for every acre of land converted from pasture to tillage , whereof one third part to the kings owne use , one other third part to the king , for relief of the poore of the parish , and one other third part to any that will sue for it ; 39 el. 2. & p. 24. note , that no offender shall be impeached or sued by vertue of this act , unless such suit be commenced within two yeers after the offence done , ibid. & p. 26. indictments , and presentments . 1. all indictments and presentments ought to containe certainty , and therfore most commonly five principal things be requisite in presentments before the iustices of the peace . 1. the name , sirname , addition of the party indicted . 2. the yeer , day , and place in which the offence was done . 3. the name of the person , to whom the offence was done . 4. the name and value of the things in which the offence was committed . 5. the manner of the fact , & the nature of the offence , as the manner of the treason , murder , felony , trespass , vid. iam. fol. 487. vvhat words not necessary in indictments , see 37. h. 8. 8. & p. i. process against inditers in another county , 5 ed. 3. 14. & p. 5. indictments of persons dwelling in forreign counties , 8 , h. 6. 10. & p. 3. process upon indictment of felony , see 25. ed. 3. 14. & p. 5. vvhere iustices of the peace may charge one enquest to indict another , 3 h. 7. 1. & p. iurors 9. & iust . 45. by what persons and by whom impannelled all indictments shall be made , p. iurors 7. indictments taken before sheriffes in their turns shall be delivered to the iustices of peace of the same shire , under the pain of ●0 . l. 1 ed. 4. 2. & p. sheriffs 12. iustices of peace may award process against them that be indicted in the turn , ibid. & p. 13. informer . if any informer or promoter shall compound or agree with any person for any offence against any penall law , without the order or consent of some of the courts at vvestm . or shal willingly delay or discontinue his suit once commenced , he shal lose 10. l. and stand on the pillory two hours , 18. el. 3. 5. & 27. el. 10. & p. action popular . inholders , 1 no inholder , dwelling in any market town wherein is a common baker that hath been apprentice three seven years , shal within his own house make any horse-bread , nor dwelling in any other through-faire shall make it insufficiently , and not of due assize , upon paine to forfeit the treble value , 13. r. 2. 8. 32. h. 8. 41. & p. 2. & iust . 50. no inholder or hostler shall take any thing for litture , nor excessively for hay , nor above a halfe penny in a bushell for oates above the common price in the market , upon pain to forfeit the quadruple value of that , which he shall take more , 13. r. 2. 8. 4 h. 4. 25. & p. 1. and iust . 50. inholder keeping misorder , see ale-houses 1. &c. intolements all deeds to be inrolled must be inrolled within six month after the date reckoning 28. days to every moneth , and must be indented revera . and if it have no date , then within the six monthes after the delivery , and if it be inrolled the last day of the six monthes it is good , and any one iustice of the peace may joyn with the clerk of the peace , in taking the inrolement of an indenture of bargaine and sale of lands , &c. lying in the county where he is iustice , 27 h. 8. 16. & p. 1. jurors , juries and enquests 1. if any iuror in an enquest shal take any thing to make his presentment favourable , he shall forfeit decies tantum , & 〈◊〉 he have not so much , he shall be one yeare imprisoned , 34 ed. 3. 8. 38 ed. 3. 12. & p. 4. 2. if a iuror be returned without an addition by which he may be known , the party that returned him shall lose 5. marks to the king , and as much to the party grieved . the like penalty for gathering issues when they are not due , 27. el. & p. 33. 3● . see more concerning iurors , p. 1. 8. &c 3. iurors to enquire of forcible entry , ought to have lands or tenements of the clear yearly value of 40. s . 8 h. 6. 9. & p. 12. 4. iurors returned to enquire of a riot , rour , or unlawfull assembly , must have lands in that county of 20. s . per annum , of freehold , or 26. s . 8. d. of coppyhould , ultra reprisas upon every of which , the sheriff ought to return 20. s . in issues for the fyrst day , and 40. s . at the second day , 19. h. 7. 13. & p. riots 14. but if it be upon a commission , then the iurors ought to have 10. l. per annum at least , ibid m. & p 6. labourers : 1. if any clothier , taylor , shoomaker , tanner , ba●er , miller , &c. shall retain any servant to work in his science or art for less than a year , the retainer shal be void , 5 el. 4. & p. 1. 2. vvho are compellable to work in handy-crafts and husbandry . ibid. & p. 2. 3. 3. vvho are compellable to work in harvest , p. 13. 4. if any person shall give any wages contrary to the rates of wages , of servants and labourers appointed , and proclaimed , he shall be imprisoned i0 . dayes without bayle , and forfeit 5. l. and every person taking such wages and being thereof convicted , shall be imprisoned 2i . dayes without bayle , 5 el. 4. & p. 4. how the wages shall be rated , see p. iust . 66. 5. if any person shall put away his servant before the end of the terme without a reasonable cause allowed by a iustice of the peace , or at the end of his term without a quarters warning before given , he shall forfeit 40. l. 5. el. 4. & p. 5. and if any servant shall depart without such cause before the end of his term , or at the end thereof , without such warning given before two lawfull witnesses , he shall be imprisoned without bayle , till he be bound to the party to serve and continue with him , ibidem & p. 6. 6. if any person retained in husbandry , or other the arts , before mentioned , shall after his retaine expired , depart out of one country , city , town , or parish , to another without a testimonial declaring his lawful departure , he shall be imprisoned till he procure such testimoniall , which if he cannot do within 2i . dayes after the fyrst day of his imprisonment , then he shal be whipped , and used as a vaggabond ibidem , & p. 7. and every person which shal retain any such servant without shewing such testimoniall , shall forfeit for every such oftence , 5. l. 5 el. 4. & p 8. and if any such persons shall be taken with a counterfeit or forged testimoniall , he shal be whipped as a vaggabod , p. 8. 7. how long workmen shall continue at their labour , 5. el. 4. & p. 9. 8. if any shall undertake work by the great , and shall unlawfully depart before it be fynished , he shall forfeite 5. l. to the party from whom he shall so depart , and be imprisoned a month , 5. el. 4. p. & . i0 . 9. if any servant , vvorkman , or labourer , wilfully , and maliciously make any assault or 〈…〉 ray upon his master or dame , or other person , having the charge of such workers or work , hee shall suffer one years imprisonment , or less , at the discretion of the iustices , and such further punishment as they shall think fit , not extending to life or limb . 5. ric. 2. & p. i2 . 10. vvomen of the age of i2 . yeares and under 40. and unmaried , may be compelled to serve , 5 eliz. 4. and p. i4 . 11. servants of the age of 18. yeares , and not being an apprentice , going away with , or converting to his owne use any money , iewels , plate , good , or chattels of his masters or mistris , and of his or her delivery to keep , of the value of 40. s . to the intent to steale the same , is felony , 21 h. 8. 7. 5. el. i0 . & p. stealing 1. labourers servants , and apprentices . 12. vvhosoever shal take an apprentice contrary to the law , shall forfeit for every apprentice 10. l. 5 el. 4. & poulton 2. 6. 13. vvhosoever shall exercise any art or manuall occupation used , 5 el. not being brought up therein , as an apprentice seaven years , or shall let any to work in it , which is not a workman , or iourney-man by the year , or hath served as an apprentice 7. years , shall forfeit for every month 40. s . 5 el. 4. & p. 20. 14. if any disagreement shall be between a master and his apprentice , which cannot be reconciled by a iustice of the peace , &c. for want of conformity in the said master : then the said iustice shall take bond of the master to appear at the next sessions , and upon his appearance and hearing of the matter , the iustices there , or four of them at the least , where of one to be of the quorum , may discharge the said apprentice by writing uuder their hands and seals , or punish him , as by their discretions shal be thought meet , 5. el. 4. & p. 25. an apprentice cannot be discharged , unless by writing . how and by whom any money given to any town , for binding out apprentices , shall be imployed , see 〈◊〉 iac. 3. servants departing into another shire , vide p. ●8 . labourers or workmen conspiring for the order of their work , see artificers . larceny & petty larceny . whosoever shall feloniously take the goods of another exceeding the value of i2 . d. removed from the body or person , it is larceny , a 〈…〉 and punishable by death , except he be saved by his book . but if the thing stolne be under the value of i2 . d. it is petty larceny , and not punishable by death , but he shall forfeit his goods and chattels . leather , tanner , currier . see i iac. 2. and p. 4. a tanner shall not use any other trade , cutting or working leather , simul & semul upon paine to forfeit the hides and skins , i iac. 22. poulton 5. see i iac. 22. & p. 9. 3. vtho may buy rough hides or calves skins , or tanned leather not wrought , ibidem & p. 6. & 8. 4. if a tanner shall raise his hides , with any mixtures contrary to the statute , he shal forfeit the same hides i iac. & p. i0 . 5. vvhosoever shall put to sale , or depart with any untanned leather red and unwrought , but in open faire or market in the place thereof prepared , unlesse it hath been fyrst lawfully searched , and sealed according to the stat. or shall offer to put to sale any leather before it be searched and sealed according to the stat. shall forfeit for every hide or peece of leather 6. s . 8. d. and for every dozen of calves skins or sheep skins 3. s . 4. d. and the hides or skins , or the the value of them , i iac. 22. & p. ii . 6. shall be forfeited ibid and poulton . 7. vvhosoever shall set his fat 's in tanne-hills or other places where the woozes or leather put therein shall or may take any unkind heare , or shall take and put any leather into any hot or warm woozes , shall forfeite for every offence ten pound , & stand on the pillory three market days , ibid. & p. 13. and 45. 8. if any currier shall curry any leather , contrary to the stat. 1 iac. 22. or shal spoile or hurt anie leather , by scalding , shaving , or gashing it , hee shall lose for each skin marred a noble , ( except gashing ) and for gashing double so much as the leather is impared ; 1 iac. 22. & poulton 17. & 45. 9. no currier shall bee a tanner , cordwainer , shoomaker , butcher , or other artificer , cutting leather , simul & semel , upon paine to forfeit three shillings eight pence for every skin , 1 i●● . 22. and p. 20. 10. if a currier shall refuse to curry within eight dayes in summer , and sixteeen in winter , any leather brought to him by any cutter of leather , or his servant , bringing with him good scull for liquoring the same , hee shall forfeit for every hide 10 s. 1 iac. 22. & poulton 21. 11. if a lord of a fair or market shall not yeerly appoint and sweare searchers , sealers , triers of leather , according to the stat. hee shall forfeit for every default five pound , and if the persons so elected and appointed shall not forthwith do their duties , they shall also forfeit five pound for every default 1 iac. 22. & p. 22. vide poulton 26. 12. if any searcher or sealer of leather , shall refuse with speed to seale good leather , he shall forfeit for every offence 40. s. or if he shall take any bribe , or exact any undue fees , he shall forfeit for every offence 20. pound , or if he shall refuse to execute the said office , he shal forfeit 10. l. 1 iac. 22. & p. 31. 13. whosoever shall deny or withstand any such searchers , he shal forfeit for every time , 5. l. ibid. and p. 36. 14. whosoever shal put away any tanned leather red and unwrought , without registring the same , and the price , shal forfeit the value of the leather ; 1 iac. 22. & p. 36. 15. whosoever shall buy any tanned leather , before it be searched and sealed , or carry it out of any market , or fair , before it be registred , shall forfeit the leather , or the value , 1 iac. 22. & p. 37. 16. if any shoomaker shall make any boots , shooes , &c. contrary to the statute : or shall shew , to the intent , to put to sale any shooes , boots , &c. upon the sunday , shall forfeit for every pair 3 s. 4 d. and the true value of the same , 1 iac. 22. and p. 23. see 1 iac. 22 & p. 41 , & 45. forfeited leather shall not be sold to him that will sell it , ibid. & poulton 42. liveries and retainers . if any person by himself or other for him shall give any livery of signe or company , or badg , or retain any man other then his houshould , servant , officer , or learned man in the law , he shall lose 5. l. and the retained as much for every month that he is so retained , 8 ed. 4. 2. & p. 5. mayme . whosoever shall mayme another of any member , whereby he is less able to fyght , as by putting out his eye , striking off his hand , finger , or foot , beating out his fore-teeth , or breaking his scull , shall be grievously fyned , lamb. 429. maintenance , champerty . embracery . see riots . see p. forcible entry 6. 2. vvhosoever shal unlawsully maintaine , or cause , or procure any unlawful maintenance in any action , suit , demand , or complaint in any of the kings courts , &c. or shall unlawfully 〈…〉 eraine for maintenance of any suit or 〈…〉 lea , any person or persons , or im 〈…〉 race any freeholders or iurors , or 〈…〉 born any witness by letters or otherwise , for to maintaine any matter or cause , to the disturbance or hindrance of iustice , or to the procurement or occasion of any manner of perjury by false verdict , &c. shall forfeit for every offence 10. s . 32. h. 8. 9. & p. 4. but note that the suite must then be commenced within a yeare after the offence . 3. champertor is he which moveth 〈…〉 pleas and suits , or causeth or procureth them to be moved at his own costs , to the end to have part of the land , or other thin in variance , and he that thereof attainted , shall bee three yee imprisoned , and further punished at the kings pleasure , 33 ed. 1. & p. 5. 4. embracer is he which cometh● the bar with the party , and speak 〈…〉 in the matter , and is there to sur 〈…〉 the jury . p. and he shall be punish 〈…〉 as a juror , which taketh reward to g 〈…〉 his verdict . see jurors , and p. jurors , 56. man-slaughter , & murder manslaughter may be by chance-medley , or by misadventure . chancemedley , is when men m 〈…〉 by meer chance , and upon some unlooked for occasion , without any former malice , and one of them is slaine se defendendo is when one killeth another in the necessity of his owne defence , and cannot otherwise escape with his life from him . but then hee must fly so far as he may , and till he b 〈…〉 letten by some wall , hedge , ditch , pre 〈…〉 of people , or other impediment , wh 〈…〉 notwithstanding shall bee committed till the time of his tryal , and shall lose his goods , and seek his pardon . note the case of darnel and brouser , at hertford assizes , 1619. misadventure is when a man is doing of a lawful act without evil intent , and another man is slaine unawares thereby : as if a labourer do work with an ax , and in fetching of his blow , the head of the ax flyeth off , and killeth one standing by , &c. note , that hee which is acquitted of murther , or manslaughter at the kings suit , must be remitted to prison , or let to mainprize , till the yeer and day be passed , and the party grieved may in the mean time commence his appeale , 3 h. 7. 1. & p. 4. murder shall bee intended of them which bee feloniously slaine , and not where an act is done by misfortune . marlb . 52 h. 3. 26 & p. 6. whosoever shall commit any wilfull murder , or wilful poysoning of malice prepensed , shall suffer death , and not have clergie , 1 ed. 6. 12. & p. 5. in case of poysoning , the party must dye thereof within a yeer and a day after , dolton 213. whosoever shall stab or thrust another that hath not then any weapon drawne , nor first strucken , the party so stabbing , or thrusting , so as the party stabbed or thrust do die there of within six months after , shall suffer death , and not have clergy , i iac. 8 , and p. 7. malt. how long malt ought to be in the fat-floore , steeping and drying , and whosoever shall do conrrary thereto , and be thereof convivcted by the presentment of i2 . men , or two sufficient witnesses , shall forfeit for every quarter 2. s . 2 ed. 6. i0 . & p. i. such as mingle good malt with bad to sell , shall forfe it to the king and in. for every quarter so put to sale 2. s . el 6. i0 . & p. 2. vvhosoever shall put to sale any . malt not being well trodden , fyrst rubbed and fanned , shall forfeit for every quarter 20. d. 2. ed. 6. i0 . & p. 5. malt made for a mans owne provision is excepted out of this statute , ibid. & . p. 5. and all offenders against this statute must be sued or presented within one yeare after the offence , ibidem , & p. 5. vvhosoever shall be lawfully discharged and suppressed , touching his making of malt , and will not accordingly forbeare , shall be three dayes imprisoned , and before his enlargment become bound in 40. l. to obey such suppressing , 39 eliz. i6 . & p. 6. milch-kine whosoever shall feed above a i20 . shorne sheepe for the most part of the yeare upon his grounds which be severali and for milch-kine , and shall not for every 60. sheep keep one milch-cow , and moreover for every sixcore sheep yearly reare one calfe during the time of keeping such sheepe , shall forfeite to the king and informer for every cowe not kept , for every moneth 20. s . and as much for every calfe not reared , 1 , & 3. p. & m. 3. & poulton cattle 3. vvhosoever 〈…〉 al feed upon his severall pasture above 20. oxen , rounts , steers , scrubbes , heisters , kine , and shall not for every i0 . beasts keep one milch-cow , and for every two kine weane and reare up yeerly one calfe , ( except it die ) shall forfeit ut antea . provided that no person shall bee compelled to keep any kine , or reare any calfe for such sheep , or other beasts , which he keepeth or feedeth to be spent in his house ; 2 & 3 p. & m. 3. 13. el. 25. & p. cattles 4. mortuary . if any spirituall person , or any for him shall take mortuary ( corps present ) or any thing for the same in any place where the same was not used to be given : or shall take in place where mortuaries are used , any thing for mortuary , where the goods of the dead are under ten marks , or more then 3 s. 4. d. where the goods shal be of the value of ten marks , and under 30 l. or above 6 s. 8. d. where the goods shal be under 40 l. or above ten shillings , where the goods shall be above 40 l. he shall forfeit so much as he shall take over , and lose 40 s. to the party grieved . 21 h. 8. 6. & p. 1. 3. 7. masons . to cause mason's to congregate themselves chapmiers , is felony : and the masons which come to such chapiters and congregation , shall be punished by imprisonment of their body , and make fine and ransome at the kings pleasure , 3 h. 6. 1. & p. 1. matrimony , and bigamy if any person being married , shall marry any other , the former husband or wife , ( being other then such person , whose husband or wife hath remained beyond the seas 7. years together , or hath absented him or her selfe one from the other 7. years together within the kings time , the one not knowing the other to be living , or that was before lawfully divorced , or whose former marriage was void by law , &c. ) every such offence shal be felony , 1 lac . 11. & p. 8. 9. but he shall be allowed clergy . p. clergy 17. ordinary : if any ordinary or his scribe 〈◊〉 ster , &c. shall take greater fees that are allowed by the sta 〈…〉 te , 21 〈…〉 for the probat of a testament , or letters of administration , he shall forfeet for every offence ten pound to the king and party grieved . and moreover to the party grieved so much as he shall take contrary to this act , 21 h 8. 5. & p. probate of testaments , &c. 1 , 2 : 3. 12. parliament : who shall be a knight of the parliament , with the 〈◊〉 of their election , see poulton 4. & 9. the order of levying and paying of the wages of the knights of the parliament , see p. 12. & just . of p. 52. perjury . against such as do procure wilful perjury , see the stat. 5. el. 9. & poulton 1. & 6 iust . of peace , 23. petty treason . if a servant kill his master or mistris , or a wife her husband , or any ecclesiasticall person his prelate , it is petty treason , and this manner of treason doth give the forfeit of the escheats to every lord of his owne proper fee , 2 , ed. 3. 2. and p. trea 〈◊〉 7. pewter or brass . if any pewterer or brasier shall sell or exchange any brass or pewter 〈◊〉 onely in open faire or market , or in his house , unless he be desired by the buyer , he shall lose 10. l. for every default . or if he work any hollow w 〈…〉 of lay mettal , which is not according to the assize of lay mettall wrought in london , or set not his seal or m 〈…〉 upon the said ware , he shall lose the value of the ware , 19 h. 7. 6. 4 h. l. 7. p. 13. & 5. & iust . of p. 26. plague . if any person infected with the plague and commanded to keep house , shall ( notwithstanding wilfully and contemptuously ) , go abroad and converse in company , having any infectious sore upon him uncured , he shall be adjudged a felon , and suffer death , but if such person shall not have such sore found about him , then to be puniched as a vagabond according to the stat. ●9 el. 5. & further to be bound to his good behaviour for a whole year , 1 iac. ●1 . and p. 2. playes and games , vvhosoever shall by himself or any other , for his gain or living keepe , or maintain any common house , alley , or place of playing at bowles , coytes , closh , cayles , tennice , dice , cards , tables , shove-groat , foot-bail , or casting of the stone , or any other unlawful play or game , shal forfeit for every day 40. s. and every person using and haunting such house or place , and there playing , shal forfeit for every time 6. s. 8. d. 33 h. 9. and p. i. 5. 2. if any artificer of any occupation or any husbandman , apprentice , labourer , servant at husbandry , iourney-man , or any servant of artificer , or any marriner , fisher-man , waterman , and serving-man ( other then of a nobleman , or of him that may dispend 100. l. per an. playing within the precincts of his masters house ) shall play out of christmas at any of the unlawful games , or in christmas out of his masters house or presence , he shall forfeit for every time 20. s . 33 h. 8. 9. & p. 3 & 5. who shall have the forfeiture , ibidem & p. 7. and actions popular 1. all actions &c. upon this stat. must be commenced within a yeer after the offence , 33 h. 8. 9. and p. 7. players abusing the name of god , forfeit 10 : l. for every offence , 3 iac. 21. and p. 6. poore people 1. vvho shall be overseers of the poore of every parish , and when , and by whom to be chosen , together with the duty of such overseers , see 43. el. 2. and poult . 1. 2. if any parish shall not be able to elieve their poore , then two or more justices of the peace , whereof one to be of the quorum , dwelling in , or neere the same parish , or division where such parish is , shall , and may tax any other of other parishes , or out of any parish within the same hundred , to pay such sum and sums as they shall think fit , according to the intent of the law. and if the hundred be not able , then the justices of the peace , or greater number of them , may at their several quarter sessions , rate any other of the parishes thereunto , as they shall think fit , 43 el. 2. and p. 3. 3. whosoever shall refuse to contribute according as they be assessed , shall be distrained by warrant from any two such justices , and in default of distress shall be committed to the common-goale without bayle , til they pay the same , and the arrearages , 43 el. 2. and p. 4. 4. such poore as will not work , being thereunto a ppointed by the church wardens and overseers , may be sent to the house of correction by one , or more justices of the peace , 43 el. 2. and p. 4. 5. the greater part of the justices at their generall quarter sessions may by the agreement of the lord of any wast or common , set up habitations there for the poore , and place tenements in the same , 43 el. 2. and p. 6. 6. whosoever shall find themselves grieved with any selle or tax , or other thing done upon the said statute 43 el. 2. the greater part of the iustices at their general quarter sessions shal take such order therein , as to them shal be thought convenient , which shal conclude and bind all parties , 43 el. 2. & p. 7. 7. if the father , grand-father , mother , grand-mother and children , being of a sufficient ability , shall not relieve their poore and impotent parents and children , in such manner as they shall be assessed by the greater part of the justices at their general quarter sessions , every of them failing therein , shal forfeit for every month 20. s . 43 el. 2. & p. 8. 8. if a parish lie within two counties , or part within a liberty , and part without , the iustices shal deale and intermeddle only with so much of the said parish as lyeth within their limits , concerning the nomination of over-seers , &c. 43 el. 2. & p. 10. 9. if the iustices of peace within their divisions shall not nominate overseers of the poore in every parish according to the law , every of them making default , shal forfeit for every such default 5. l. 43 el. 2. & p. ii . which shall be to the use of the poore of the same pirish , and be levyed by warrant from the generall sessions , ibid. 10. how the forfeitures menmentioned shall be levyed and imployed , see 43 el. 2. & p. 12. 11. the iustices of peace , or the more part of them at their generall quarter sessions next after easter shall rate every parish to a weekly sum , not above six pence , nor under a halfe penny , nor the total sum of such taxation on the parish , to be above the rate of two pence for every parish in the county , for reliefe of the prisoners in the kings bench ; marshalsey , hospitals and alms houses in the county , and shall also rate the sums to be sent to every of these places , and elect a treasurer for that purpose , and punish him that refuseth , 43 el. 2. & p. 13 , 14 , & 16. if any able person threaten to run away , and leave their families behind upon the parish they shall be punished as vagabonds , 7 iac. 4. see vagabonde . preachers and ministers of the church . 1. vvhosoever shall of p 〈…〉 pose malitiously and contemtuously , molest , or by any means hinder or misuse any prea 〈…〉 lawfully authorised , in any his open sermon , or preaching in any church or other place used and appointed , and his aiders procurers , and abettors shall be three months imprisoned , and further to the next quarter sessions , and then , upon his reconciliation before them , shall be delivered out of prison upon sufficient bayle for his good behaviour to be taken by the said justice for a whole year after , 1 m. 3. & p. 1. 2. whosoever shall by any contemptuous words , or advisedly in any otherwise deprave , despise , or revile the blessed sacrament of the body and blood of christ , shall be imprisoned and fined at the kings pieasure , 1 ed. 6. 1. & 1. el. 1. & p. sacrament 1. and justices of peace 8. 3. if any parson , vicar , or other minister , shall refuse to use the common prayers , or to minister the sacraments according to the book of commyn prayer , or wilfully standing in th● same , shal use any other , form in open● prayers , or in administration of the● sacraments , or shall speak any thing in ●erogation● of the said booke , or any part thereof , and shall be thereof lawfully convicted , shal for the first 〈…〉 ence forfeit to the king the profit of his spiritual promotion for a year , and be six monthes imprisoned without . bayle : and for the second offence be ( ipso fa●●o ) deprived of such promotion , and be imprisoned a year ; and for the third offence to be ( ipso facto ) deprived of such promotion , & be imprisoned during his life . but if he have no such promotion , then for the first offence he shal be imprisoned a yeare without bayle , and for the second offence during his life , 1 el. 2 & p. sacrament 2. & 3. 4. whosoever shall in any play , song , or ryme , or by any open word speak in derogation of the said booke , or of any thing therein contained , or shall cause or maintaine any parson , vicar , or minister to say any common prayer , or to minister any sacrament in other manner then after the said book or shall interrupt any parson , vicar , or ministers to say any open prayers , or to administer any sacrament , according to the said booke , and shall be thereof lawfully convicted , shall forfeit to the king for the first offence 100. marks , to be payed within six weekes , and in default of such payment to be impriso●ed six months without bayle , and for the second offence 100 marks to be payed within the said term , or to suffer imprisonment twelve monthes without bayle : and for the third offence all his goods and chattles , and be imprisoned during his life , 〈◊〉 el. 2. p. sacrament 4. such offenders shal ' be indicted at the next generall sessions after the offence committed , ibid & poult●n 6 , 7. also , if such offenders shall be punished by the ordinary , and have a testimonial thereof under his seale they shall not be estsoons punished by the iustices . ibidem and poulton 6. 7. whosoever shall say or sing mass and be thereof lawfully convicted , shal forfeit 200. marks , and be imprisoned a year , and from thence til he pay the said forfeiture , and whosoever shal willingly hear mass , shal forfeit ●00 . marks and a years imprisonment , 23 el. 1. & p. sacrament 11. if any person , vicar , &c. shall grant a licence for eating flesh to any person , other than such as plainly appear to have need thereof , such licence shall be void , and such parson or vicar shall forfeit for every such license otherwise granted five markes , 5 el. 5. 〈◊〉 p. fish dayes 3. if any parson , vicar , or ●urat shall ●ake above 4. d. for entring into the church book the licence of a sick person to eat flesh upon fish dayes , it is ex●ortion , 5 el. 5. & p. fish dayes 3. if any parson , &c. shall take above two pence for registring a testimonial , ●f any servant departing from one place to another , it is extortion , 5 el. 4. & p. labourers 7. if the minister of every parish shal not keepe a register-booke and there 〈…〉 enter the substance of every testimonial made for rogues whipped within his parish , he shal forfeit for every default 5. 〈◊〉 . 39 , el 4 and p. vagabonds 3. the duty of parsons , &c. in binding o●● apprentices , and in imploying of the money given to such uses , 7 iac. 3 prison and prisoners . 1. if any keeper of prison , or under-keeper shal by dares or pain compel any his prisoners to become an approver against his will , he shal be adjudged a felon , 3 ed. 3. 10. & p. 2. 2. whosoever having authority of keeping of goale ; or of prisoners for felony shall certifie the names of every prisoner in his keeping , and of every person to him committed for any such causes at the next generall goale delivery in every county or franchise where any such goale is , upon paine to forfeite to the king for every default , 5 l. 3 h. 7 3. & p. 3. 3. the most part of the iustices of peace of every shire may at their generall quarter sessions rare and tax every parish within the said shire at such reasonable summes of money for and towards the reliefe of prisoners in the common goal of the county aforesaid , as they shall think convenient by their diferotions , so that the said 〈…〉 tion do not exceed above six pence ; 〈◊〉 eight pence by the week out of cr 〈…〉 parish , 14 el. 5. & p. 4. reliefe of prisoners in the ma 〈…〉 sey and kings bench , vide p. 〈◊〉 11. 4. breaking of prison by one being in there for felony , or by any under arrest for felony , as well with 〈…〉 prison as within is felony , 1. ed. 2. l p. 5. 5. if any sheriffe or bal 〈…〉 〈◊〉 willingly suffer any prisoner for fe 〈…〉 ny to escape , or if any shall rescue s 〈…〉 a prisoner it is felony , vide d 〈…〉 fol. 238 , 239. 6. a prisoner shall be conveyed 〈◊〉 the goale at his owne charge , if he have ability , if not , the parish shall be charged , 3 lac . 10. & p. 7. & 8. a prisoners goods shall not be seised ill he be attained , p. sheriffes 14. removing of prisoners , see removing . 9. no iustice nor iustices shall let to bayle any persons forbidden to be hailed by the stature 3 edw. 1. upon paine to be fined by iustices of goale-delivery , 1. & 2. p. & m. p. iustices of peace , 106 8. no prisoner which before was outlawed , nor he which hath abjured , nor any approver , nor he which is taken with the manner , nor he that hath broken prison , nor a theefe openly defanied and known , nor he which is appealed by an approver , so long as the approver liveth , except he be of good fame , nor he which is taken for burning of a house feloniously , or for false money , or for counterfeiting the kings seale , nor any excommunicate person taken at the bishops request , nor hee which is taken for a manifest offence , or for treason touching the king , 3 edw. 1. 15. nor he which shall confess a felony or manslaughter before the iustice upon his examination , vide dalt . fol. 285. where bayle is taken away by particular statutes for misdemeanors . 9. such as be indicted of larceny by enquests taken before sheriffes of bayliftes by their office , or of light suspition , or for petty larceny , that amounteth not to the value of 12. d. if they were not guilty of some larceny before , or guilty of some receiving felons or theeves , or of commandment or force , or of aide in felonies done , or guilty of some other trespasse , for which one ought not to lose life or member , and a man appealed of an approver , if he be no common theefe nor defamed , shal be let to bayle by sufficient sureties s . ed : 1. 15. & p. mainprise , 2. it seemeth also by dalton , that persons taken upon suspition of burglary , robbery , or theft , if they be not of evil fame : and also accessaries may be let to bayle , vide dalton ; sol . 274. 10. whosoever shal with-hold prisoners baileable , after they have offered sufficient baile , shall pay a grievous sine to the king ; and whosoever shall take reward for the deliverance of such shal pay double to the prisoner , and be amarced as aforesaid , vv. 1. 3 ed : 1. 5. & p. mainprise 6. one iustice of the peace may baile a prisoner , if it be not in case of felony , or the like , or except some particular stat. shal otherwise prescribe , dalt . fol. 33. no person for manslaughter or felony , or suspition of either being baile able by law , shal be let to baile or mainprise by any iustice of the peace , if it be not in open sessions ; except it be by two iustices of the peace at the least present together at the same time of bailement , whereof one to be of the quorum , who before such prisoner be bailed , shall also take the examination of the prisoner , and information of them that bring him , of the fact , and circumstances thereof in writing , which together with the bailement they shal certifie under their hands at the next gole deliverie , upon paine to be fined for every offence by the iustices of goale delivery . i & 2. p. & m. 13. & p. iust . 106. purveyors 1. purveyors shall agree for the things they take ; and shal shew their commission , upon pain to lose their offices , 28 ed. 1. 2. & . p. i. 2. if any purveyor shall take any thing of any ma 〈…〉 〈◊〉 〈◊〉 to spare him , and he therefore attained at the partied suite , hee shall yeeld up to the party grieved treble damages , and be two years imprisoned , 36 ed. 3. 3. & p. 14. 3. if any purveyor shal take corn by any other measure than by the striked bushel , or by any other than eight such bushels to the quarter , or shall take carriage thereof without making ready payment , he shall forfuite to the party grieved , and be one yeare imprisoned , 22 edw. 3. 14. and 〈◊〉 16. 4. if any purveyor of the king shall take any thing of the value of forty shillings or under , without ready payment , he shall pay the value to the party grieved , and lose his office , 2. h. 4. 14. & p. 22. 5. if any purveyors of timber shall sel for the kings use any oaken timber tree meet to be barked , but onely in barking time , other than trees for building or repairing the kings houses or ships , or shall take any profit by the lops , tops , or barke of any trees taken by him , or shall take from the owner any more of any tree then onely the timber of the same tree , shee shall forfeit for each &c. to the party grieved 4● . 〈◊〉 . 1 iac. 22. & p. leather , 24. 6. purveyor sshall not fell trees growing about a mans house , upon paine to forfeit to the party treble damages , be imprisoned a yeare , and lose his office , 25 ed. 6. & p. 8. to make purveyance without warrant 28 ed. 1. 2. 20. r. 2. 5. & p. 9. to take more sheep before share time then be sufficient , 25. ed. 3. 15. & p. 9. to make purveyance without lawful apraisement , 5 ed. 3. 2. & p. 17. to take more than they deliver to the kings house , 36 ed. 3. 4. and p. 18. to take purveyance in other manner than is comprised in the commission , 36 ed. 3● 2. & p. 19. note that the iustices of the peace shall deliver the dockers of purveyors to them delivered according to the stat. 2 , & . 3. p. & m. 6. & p. 28. no subjects charter shall take any thing against the owners will upon paine of imprisonment , 23 h. 6. 14. & p. 1. rape . 1. if any shal ravish a maid , widdow or , vvise above ten yeares of age against her wil , though she consent after , it is felony , 13 ed. 1. 34. & p. 1. 2. if any shall carnally know and abuse a woman child under ten years of age , though she consent before , it is also felony and without clergy , is el. 6. & . p. 2. 3. if any shall take a maid , vviddow , or vvife , having lands or goods , or being heite apparent to any , against her will unlawfully , other than is vvard or bondman , it is felony both in him , and the procurers , abettors and receivers knowing the same . 3. hen. 7. i. & poulton , vvomen 12. recusants , iesuites . 1. whosoever shall willingly receive , relieve , comfort , aid or maintain any iesuite , seminary priest , knowing him to be so , shal be adjudged a felon , and not have clergy , 27 el. 2. and p. iesuits 3. 2. vvhosoever shal conceale his knowledg of them , and shal not within it . dayes after such knowledg discover the same to some iustice of peace , or other high officer , shall be fined and imprisonned at the kings pleasure . and it such iustice or other such officers , shall not within 28. dayes after give information thereof to some of the kings privy councel , he shal forfeit ●00 . marks , 27. el. 2. and p. 10. 3. vvhosoever shall willingly retaine and harbour any person not repairing to some church , chappell or usual place of common prayer , to hear divine service , by the space of a month together , not having a reasonable excuse , other then his father or mother , not having other sufficient maintenance , or the ward of any such person , or any person committed to the custody of any by authority , or shall retaine , or keep in service , fee , or livery , any not repairing to som church , &c. by the space of a month together shal forfeit for every month 10. l. 3 iac , 4. & p. 51. 4. whosoever shall keep or maintain any schoolmaster which resorteth not to the church , nor is allowed by the bishop or ordinary of the diocess , he shall forfeit for every month so keeping him 10. 〈◊〉 and such schoolmaster shall be imprisoned for a year 〈…〉 without baile , and be disabled , &c. 23 el. 〈◊〉 . & p. 2. 5. a recusant not conforming himself , shall abjure the realm , and the iustices before whom such abjunation is made shal presently record the same and certifie it to the iustices of assize at the next assizes after , 35. eliz. i. 〈◊〉 b. i9 . the penalty for a conformed recusant which shal not receive the sacrament , &c. 3. iac. 4. & p. 40. popish reliques shall be defaced at the general sessions of the peace , 3 iac. 5. & p. 74. the penalty of such as come not to church every sunday and holyday , see church 3. & p. 50. felony in recusants , see poultes i9 . 3. removing prisoners or records . all writs of habeas corpus , or certiorari , to remove any record or any prisoner out of any goale , must be signed with a iustices hand of the same court , i. & 2. p. & m. i3 . and poult . i. rescues . whosoever shal disturb or hinder by rescues or otherwise the execution of the statute of rogues , or of the poor , shall forfeit for every offence 5. l. and be bound to the good behaviour , 39 el. 4. & p. vagabonds 5. to rescue one for felony is felony dalt . fol. 238 , and 239. restitution . 1. if any felon of goods , money , or chattels taken from any of the kings subjects , shall be indicted , arraigned , and found guilty thereof , or otherwise attainted , by reason of evidence given by the party robbed , or the owner of the said goods , mony or chattels , or by any other by their procurement , then shall such party or owner be restored thereunto , and the iustices before whom such finding guilty is , shal have power to award writs of restitution thereof , zi h. 8. ii . p. & i. vide plus dalton , i85 . 2. if a man pursue and take a felon that hath stolne his goods , and then taketh his goods again , and suffereth the theefe to escape , he is no accessory for he may in initio agere civiliter or 〈…〉 minaliter at his pleasure ; tamen quaert . but if he took his goods againe to favour the felon , it is theft , but quaere if it be not felony et vide terms of the law , fol. i8 4. if upon huy and crie a man do arrest a theefe that hath stoln another mans goods , and from the said felon do take the good , and so let him goe , this maketh him an accessary , if not principall , dalt . 253. receiving or buying stolne goods . to receive or buy stolne goods knowing they were stoln , maketh not an accessary , unless he receive or aide the felon himself , quaere & vide dalt . ibid. if a stranger buy such goods for a valuable consideration it is less dangerous , ibid. riots , routs , and unlawful assemblies . the justices of peace which dwel neerest in every county where riot shal be ; together with the sheriffs or under sheriffs of the same county shall do execution of the statute of riots , within a month after every one , upon pain of 100. l. 13. h. 4. 7. & p. 2. & 5. note that the king shall bear their costs sustained in the execution thereof , 2. h. 6. 8. & p. 10. in riots , routs , and unlawfull assemblies these circumstances are to be considered , viz. 1. the number of the persons assembled . 2. the intent and purpose of their meeting . 3. the lawfulness or unlawfulness of the act . 4. the manner or circumstance of doing it , to make a riot , rout , or unlawful assembly , three persons at the least must be gathered together . if three or more shall come or assemble themselves together , to the intent to any unlawful act with force or violence against the person of another , his possessions or goods ( although they after depart of their own accord without doing any , yet that is unlawfull assembly . if after their first meeting they shall ride , go , or move forwards towards the execution of any such act , this is a rout. and if they do execute any such thing indeed , then it is a riot . 2 : if any riot , rout , or unlawfull assembly be made , three or two justices of the peace at the least , and the sheriff , or undersheriffe , shall arrest the offenders , and record that which they shall finde done in their presence against the law , and such offenders shall be convicted by the record , in manner and form as it is contained in the stat. of forcible entries , 17 r. 2. 〈◊〉 ▪ 13. h. 4. 7. & p. see forcible entries 2. 3. if such offenders be departed before the comming of the said justices and sheriff , they shall diligently enquire within a month after , and the same shal hear and determin according to the law. and if the truth cannot be found , then within a month next after they shall certifie before the king and his councel ; of the whole fact and circumstances thereof , 13. h. 4. 7. & p. 2. & 3. note also that if the offenders shall traverse the matter so certified , the same certificate and traverse shal be sent into the kings-bench to be tryed , ibidem . 4. rioters attainted of great and heynous riots , shall have one years imprisonment , as the king and his councel shall think good , 2 h. 5. 8. and p. 10. 5. each man being able to travel shal help to repress riots , upon paino of imprisonment and fine , 2 h. 5. 8. & p. 12. 6. the sheriffe having a precept directed to him , shall return twenty four persons dwelling in the shire where the riots &c. shall be committed , whereof every of them shal have land and tenements , within the said shire , to the yearly value of 20. s . of charter land of freehold , or 26. s . 8. d. o● copyhold , or of both above all charges , to enquire of the said riot , &c. and shall return upon every of them in is●●res at the first day 20. s . at the second day 4 〈…〉 under the pain of 20 ▪ 〈◊〉 9. h. 7 , 13. & p. 14. 7. if by reason of maintenance or embracery of jurors , a riot , &c. is not found , the justices and sheriff besides such certificate that they be hound to make according to the said statute 13 h. 4. shall in the same certificate certifie the names of the maintainers & embracers , with their misdemeanours , upon pain to forfeit 20. l. and imprisoned at the discretion of the justices , 19 h. 7. 13. & p. 15. 8. if any persons above the number of two , and under twelve , being assembled , shal intend unlawfully with force to murder or slay any wan , or to cut , or cast down any inclosure or banks of any fish ponds , or to do any the deeds mentioned in the statute hereafter named , and shall not depart upon proclamation , but shall attempt to do any of these things , they shall be imprisoned a year without bayle , and pay treble damages and costs to the party grieved , 1 m. 12. 1 eliz. 16. & poulton 20. 9. if any person being moved to make commotion , or infurrection , or rebellious assembly , shall not within twenty four hours after , disclose the same to a justice of peace , or to a sheriffe ; or if any person shall stir or proeure any other to make such assembly , he shall be three monthes imprisoned without bayle , unless he shall be discharged by three justices of the peace , whereof one to be of the quorum of the same shire where the offence shall be commited , 1 m. 12. 1 eliz. 10. & p. 24. 30. 10. the raising of unlawfull assemblies to the number of twelve or forty , and not to depart within an hour , being commanded by proclamation , and also the relieving of any such persons is felony , i m. i2 . 1 eliz. i6 . & p. 17 , i8 , 19. 28. 31. robbery , theft . theft is the taking away of another mansgoods , with an intent to steal them against the wil of the owner , and is of two sorts , robbery and larceny , dalt . fol. 226. robbery is the felonious taking of any thing from the person of another , or in his presence against his will , and putting in fear thereby , and for which the offender shal suffer death without clergy , dalton . fol. 227. 3. robbers in or near the highway shal not have clergy , how much , or how little soever they take away , 1. ed. 6. 2. & p. clergy , 131. nor he which robbeth any house by day , or night , any person being in the same , or thereby put in fear ; nor he which robbeth any person at any part of his dwelling , the owner , his wife , children or servants sleeping or waking within the precinct thereof . nor he which robbeth a tent or booth , in fair or market , the owner , his wife , children , or servants being within the same nor he which robbeth any dwelling house or out-house thereto used , in the day time ( though no person were therein ) of the value of five shillings , or above . nor he which doth feloniously take goods out of any church or chappell , see p. clergy 13. rome . against such as maintain the authority of the bishop of rome , see 5 el. 1. & p. 1. 2. against such as give or take absolution by any bulls from rome , or shall obtain or get from the said bishop any manner of bull , writing , or other instrument , or shal bring into this realm any tokens or things called by the name of agnus dei , or any crosses , pictures , beads , &c. and their ayders , see 13. el. 2. & p. 2 , 3 , 4 , & 5. 3 : against such as withdraw any from their obedience to the king , and their ayders , see 32. el. 2. & poulton . 7. & 8. 4. against such as extol any forraign power , &c. see 1. el. 1. & 5 el. 1. & p. crown 2 , 6 , 7 , 8. 5. against such as depart out of the realm to ferve any forraigne prince , 3. iac. 4. & poult . recusants 48. sewers . 1. the just . of peace in their quarter sessions may administer the oath to any commissioner of sewers according to the stat. 23 h. 〈◊〉 . 5. & p. 3 , & 4. 2. six justices of the peace , two of them being of the quorum , may for a whole year after expiration of a commission of sewers execute the laws of the commissioners of sewers , unless that a new commission of sewers be published within the year , 13 el. 9 : & p. 16. sheep . 1. vvhosoever shall bring , send , or receive into any ship or bottom any rams sheep or lambs being alive , to be conveyd out of the kings dominions , or procure the same , shal for the first offence forfe it all his goods for ever to the king and informer , and be imprisoned one year without bayle , and then in some open market , in the fulness of the market on the market day , have his left hand cut off , and the same to be nailed up in the open place of such market : and for the second offence it is felony , 8 el. 3. & p. 1 , & 2 , & just . 15. 2. no person shall keep above 2000. sheep , reckoning after sixscore to the hundred , upon pain to forfeit for every sheep more 3. s . 4. d. to the king and informer , 25 h. 8. 13. & p. 3. & just 15. sheriffs . 1. if a sheriff or any of his ministers which by force of the green wax do levy the kings debts , shall not shew to the party indebted the estreats sealed , and tor the same which is paid whereby the debt is another time demanded of the same person , he shall pay to the party grieved his treble damages , and make fine to the king , 42. ed. 〈◊〉 ▪ 9. & 〈◊〉 . estreats 2. & just . 88. 2. if any estreats of issues hath been gathered of any person , other then such as by vertue of the said estreat was of right chargeable or charged therewith , the offender shal forfeit to the king five marks , and as much to the party grieved , 27 el. 7. 39 el. 18. & p. jurors 34. & just . 99. 3. in every estreats of issues against a juror his addition shall be put , ibidem . 4. justices appointed to oversee the sheriffs estreats , shall be named at the generall sessions after the feast of saint michael by the custos retulorum , or in his absence by the eldest of the quorum . 11. h. 7. 5. & p. sheriffs 18. & 20. 5. sheriffes shall make no estreats until two justices have made the view of them , which estreats shall be indented , and the justices have one part , 11 h. 7. 15. & p. 14. 18. 20. 6. sheriffs must certifie the indictments found in their turn or law day to the justices of peace at the next sessions of the peace in the county , under the pain of 40. l. 1. of edw. 4. 2. & p. 12. the justices shall award processe against those which be indicted in the sheriffes turne . ibid. & poulten 13. extortion in sheriffe , soe p. 5 , 6 , &c. subsidie . if any person that ought to be set to the subsidy , shall by craft or covin escape tamation , and that be proved before two justices of the peace of the county , he shall be charge d double so much as he ought to have been , and be further punished at the discretion of the said justices , 7. iac. 22. swannes . if any person ( or other ) to his use use shal have or possess any mark or game of swans of his own , not having freehold of five marks per annum above all charges , any other subject having lands of that value may seize the said swans , as forfeited to the king and himself , 22 ed. 4. 6. & p. 1. the penalty for taking or destroying swans eggs in their nest , see pheasants &c. & p. hawks 3. & 11 h. 7. i7 . tile-makers . 1. if tile-makers shal not dig and cast up their earth for tile til after the first of november , or shal not stir and turn it til the first of febr. following , or shal not work it before the first of march following , or shall not work and try it from stones , veins , and chalk , or shall make or put to sale any plain tile under ten inches and a halfe in length , six inches and a quarter in the breadth , and halfe an inch and halfe a quarter in thickness with convenient deepness ; or any gutter tile under ten inches and a half in length , with a convenient thickness , breadth and deepness , they shall lose the double value to the buyer , and a fine to the king , that is to say , for every hundred of plain tiles , five shillings ; for every hundred of rough tile six shillings eight pence , and for every hundred of corner tiles two shillings , and after that rate for more or lesser , i7 ed. 4. 4. & poult . i , 2 , 3. 2. if the searchers appointed for the oversight of the true making of tile shal not do their effectuall diligence therein , shal lose for every default ten shillings ibidem , and poulton 5. and just . 97. toll . 1. if any miller shall take excessive . toll , or by heaped measure , he shal be grievously punished 3 ed. i. & p. 2. toll for horses , see faires . tongues , eyes . 1. to cut out the tongues , or put out the eyes of any of the kings liege people , out of malice prepenced , is felony . 5 hen. 4 , 5. & p. 1. transportation . 1. the prohibition of transporting corn , is to be made by the most part of the justices of peace at their quarter sessions , 13 el. 13. & p. corn 7. 2. whosoever shall against proclamation , thereof made , transportor carry out of this realm any corn , graine , or mault , growing or made here ; of beere , butter , cheese , or wood , in any vessels , except to barweck , or the marches thereof , without sufficient authority , or any sea-fish , or herring 〈…〉 not taken by a naturall borne subject here ; or shall by any means convey , 〈◊〉 willingly consent to convey any of the said things to any vessel , being on the sea , or any place or haven of this realm to be transported over sea , or into scotland , without sufficient authority ; or if any person having licence to convey any of the said things , shal fraught or lade his vessel , or any part thereof , at any more places than one only , the owner of the vessel shall lose it , the owner of the victual shall lose the double value , and the master and marriners their goods , and have a years imprisonment , 1 & 2. ph. & m. 5. 13. eliz. 11. & 13 , & poulton corn 1. & iust 27. 3. it is lawfull to transport corn and grain when the prizes be allowed reasonable until it be restrained again by the kings proclamation , 1 iac. 25. & p. corn 6 , 7 , 8. so may beere be transported when mault is not above sixteen shillings the quarter , 3. jac. 11. & p. corn 6. traverse . 1. the liberty of traverse is commomonly restrained to indictment of trespasses , centempts , riots , and other inferiour offences . 2. to traverse an indictment , is to take issue upon the chiefe matter thereof , which is none other to say , than to make contradiction , or to deny the point of the indictment ; as in a presentment against a. for a highway overflowing with water for default of scouring a ditch , which he and they whose estate he hath in certain land there , have used to scoure and cleanse a. may traverse either the matter , viz. that there is no highway there , or that the ditch is sufficiently scoured , or otherwise he may traverse the cause , viz. that he hath not the land , &c , or that he or they whose estate , &c. have not used to scoure the ditch , &c , treason . 1. high treason called in law crimenlesae majestatis , is a grievous offence done or attempted against the state royall , viz. against the king in his person , the queen his wife , his children , realm ; or authority , &c : see more p. 1. &c. & dalt . fol. 198. such offender shall be hanged cut down alive , and quartered , and shal forfeit all his lands and goods to the king , yea his entayled lands , and his wife shal lose her dower , & his blood shal be corrupted , saving in certain cases , vid. dalt . fol. 205. in case of premunire the offender shal forfeit all his lands in fee for ever , and all his goods and chattels to the king , but his lands whereof he hath an estate he shall forfeit only during his life , and shal be imprisoned during his life , ibid. misprison is properly when one knoweth that another hath committed treasons or felonie , but was not consenting thereto , and conceales the offence . such offender for misprison of treason , shall forfeit to the king his goods and chattels for ever , the profits of his lands during his life . dalton 103. for misprison of felony , the offender shal be onely fined , ibid. petty treason is when wilfull murder is committed upon any subject by one that is in subjection , and oweth faith , duty , and obedience to the party murdered , vide petty treason , fol. 82. 6. the punishment for petty treason is this , the man so offending shall be drawn and hanged , the woman shall be burned alive , in case as well of petty treason , as of high treason , i ric. 3 , 4. but in case of felonies , the judgement both of man and woman is to be hanged . the for feiture of petty treason is the king shall have all his goods , and for his lands the king shall have annum diem & vastum , and the escheat thereof , shall be to every lord of his own proper fee. treasurers : the treasurers of the country are to be chosen at easter sessions by the more part of the justices , and are to be such as at the last taxation of the subsidy next before the said election were valued and assessed at 10. l. in lands yearly , or 40. l : in goods and shall continue but one year , and then give up their charge and account at easter sessions , or within ten dayes after ; and if any treasurer , his executors , or administrators shal fail to give up his account within the time aforesaid or shall be otherwise negligent in his charge , then it shall be lawfull for the more part of the justices in their sessions to assess such fine upon him , his executors , administrators , as in their discretions shall seem convenient , so it be not under 5. l. 43 eliz , 3. & p. capt. 18. 2. the treasurer shall assesse relief to souldiers or marriners upon a lawfull certificate , and shall keep a true book of computation of the mony they lent , and a register of the names of such as they give relief unto . and every treasurer returning , or not accepting the certificate brought unto him , shall write and subscribe the cause of his not accepting , or not allowing thereof , under the said certificate , or in the back thereof . and if any treasurer shall wilfully refuse to give reliefe according to this act , the justices in their s●●ons may fine such treasurer by their discretions , 43 el. 3. & p. captains 19 , 21 ; 22. the surplusage of the stock of the more part of the justices in their quarter sessions , be ordered , distributed , and bestowed upon such good and charitable uses , and in such form as are limited in the statutes made in force concerning the reliefe of the poor , and punishment of rogues and beggars : 43 el 3. and p. captains 24. see more p. poor people 14 , 15. how the forfeitures shal be imployed , see 43 el. 3. & p. captains 26. trespass : whosoever shall cut , or unlnwfully take away any corn or grain growing , or rob any orchards or gardens , or break or cut any hedge , pailes , railes , or fence , or dig , pull up , or take up any fruit 〈…〉 ree or trees , in any orchard garden , or elsewhere , to the intent to take or carry the same away ; or shall cut or spoyle any woods , or under woods , powles or trees standing , not being felony , and their procurers and receivers knowing of the same , being thereof 〈…〉 awfully convicted by the consession of the party , or by the testimony of 〈…〉 e sufficient witness upon oath before 〈◊〉 justice of the peace &c. shall give the party such satisfaction as such ju 〈…〉 ice shall appoint , and within such ●ime as he shall appoint , the same to be only for the first fault . and if such ●ffenders shall not be thought able to give satisfaction , then to be whipped ●nd also for every such offence after to 〈…〉 cceive the same punishment of whipping , 23 el. 7. & p. 1. a constable refusing to punish such ●ffenders , see constables 10. & p. 2. no justice of peace &c. shall execute this statute for any of the said offences done to himself , unless he be associated and assisted by one or more justices whom the offence doth not concern , 43 el. 7. & p. 3. vagabonds and rogues . see 39 eliz. 4. 4. & p. 2. & 7. but note that that act doth not exte 〈…〉 d to any children under seave● years old . all common players of enterludes and glassmen shall be accounted rogues 1 iac. 7. & p. 2. a servant taken with a counterfei 〈…〉 or forged testimoniall or not procuring a testimoniall according to the stat. 5. el. 4. shall be taken and punished as a rogue : see p. labourers 8. a souldier or marriher begging , 〈◊〉 counterfeiting a certificate , shall be accounted a rogue , 34 el. 3. & p. capt. 23. and all such as wilfully go abro 〈…〉 out of houses infected with the plagu 〈…〉 though they have no sore upon them shall be accounted rogues , and more over be bound to the good behaviour for a yeare . 1. iacob . 31. & poulton plague 4. and all able persons threatning to turn away and leave their family upon the parish , the same being proved by two sufficient witnesses upon oath before two justices of the peace , shall be punished as rogues , unless they put in sufficient sureties for the discharge of the parish , 7 iac. 4. all such able persons as shall runne away out of their parishes , and leave their families upon the parish . 7. iac. 4. all such as appear to be dangerous to the inferior sort of people , or otherwise be such as wil not be reformed of their roguish kind of life by the former provision of this act , shal be sent to the house of correction , or goale of the county by two justices , one of them being of the quorum of that limit til the next sessions , and then by the consent of the more part of the justices in their open sessions , shall be with an hot burning iron , of the breadth of two pence , with a great roman r. upon the iron ; and then shall be sent to the place where they last dwelt , if they have any dwelling , it not , then to the place where they last dwelt for the space of a year , and if that cannot be known by their confession or otherwise , then to the place of their birth . and if after such punishment they offend again in begging or wandring contrary to the law , they shal be adjudged felons and not have clergy , 39 el. 4. 1. iac. 7. & p. 4. to send rogues by a generall pasport without conveying them from parish to parish , is a let to the conveying of rogues according to the statute , and so a for feiture of 5. 1. upon them , and to go with such a pasport is but still to continue a rogue to be punished by whipping , see the duties of constables , fol. 25. 7. if any mannish , scotish , or irish rogue shall come into this kingdome , he shall be punished as a rogue , and conveyed to the next port or parish where he landed , 39. el. 4. and p. 16. see the constables duty herein , constables . 18. every person shall apprehend such rogues , vagabonds , and sturdy beggars as he shall see or know to resort to his house to beg or receive almes , and him shall carry ( or cause to be carried ) to the next constable or tything man , upon pain to forfeit for every default 10. s . 39 el. 4 and p. 5. how these forfeitures shal be imployed , see 37 el 4. & p. 11. see more constables 7. victualls and victuallers . 1. if any victualler shall sell , or offer to sell any corrupt , or unwho i some victuall , he shal be fined by the discretion of the justices , 51 h. 3. statute pistorum , cap. 7. see more butchers 3. 2. if any butcher , fishmonger , inholder , tipler , brewer , baker , poulterer , or other seller of victuals , shall not sel the same at reasonable prizes , and for moderate gain , he shall lose the double value of that he received , 23 ed. 3. 6. & p. 3. & 4. 3. victuallers conspiring for selling their victualls , see artificers , 1. 4. when and in what cases victuals may be transported , see 1 & 2. p. & m. 5. & poulton 8. & justices 27. & corn 1. & 7. usury . 1. if any person shall by himself or any other , sel any merchandise or wares to any other , and shal within three months next after by himself , or any other buy the same , or any part thereof again upon a lesser price , knowing them to be the same : or if any person shal by any corrupt bargain , morgage or other means , take in gain above the rate of ten pound for a hundred pounds for one years forbearance , and so after that rate more or less , he shall lose the treble value to the king and informer , and be imprisoned and fined at the kings pleasure . 37. hen. 8 , 9. & p. i , 2 , 3 , 4. & i3 el. 8. 39 el. i8 . and p. 6 , 7. he that taketh ten pound or less in a hundred , shall forfeit the interest only i3 el. 8. 39 el. i8 . & p. 8. & just . 9i . wages . vvages of servants , see 5 el. 4. and p. labourers 4. and justices 66. wages of knights of the parliament see 23 h 6. 6. 1i . and p. parliament i2 . and just . 52. wages of justices of the peace , see i4 . r. 2. ii & p. justices 6 , 7. & 5 el. 4. & p. justices 68. wages of weavers and spinsters , see cloth 3. watch and ward . if the watch in every town be not kept from sun setting to sun rising , between ascention day , and michaelmas day , to arrest night-walkers and strangers that pass by in the night , the constable , shall be fined by the discretion of the justices , stat. vvinton . i3 ed. i. 3. and 5 h. 4. and p. i , and 2. vvax : if any person shall sell , or shal set forth candles , or other works of wax to sale at higher prices then after the rate of four pence the pound over the common price of plain wax between merchant and merchant , he shal be fined to the king , and shall forfeit his work , or the value of it : 11 h. 6. 12. & poult . 8. & just . 42. weights and measures : lawfull weights , see poult . 1 , 2 , 3 , 4 , 5. vvhosoever shall buy or sell by unlawful vveights or measures , or shal buy or sel in any city or market with any vveight or measurethat is not lawfully marked or signed , the same shall be broken and burnt , and the offender shall lose for the first offence six shillings eight pence , for the second , thirteen shillings and four pence , and stand on the pillory , 11 h. 7. 4. & p , 9 , 10. & just 92. if they of the town where the kings standard is appointed to remain , should not have their common vveights and measures signed , or shal not have thereby signed weights and measures sold to all that have required the same , they shall be fined and amerced , and so shall the head officers of market townes , which shall not twice yearly make view and examination of weights and measures there , 11 h. 7. 4. & p. 7. & 10. if any person shall take above one penny for sealing a bushel-measure , or above one penny for sealing a hundred weight , or above a half penny for sealing half a hundred weight , or above a farthing for a less weight , he shal forfeit forty shillings , 7 h. 7. 3. & 11 h. 7. 4. vvhosoever shall buy corn by heaped measure in any place , except within ship-board , or shall use double measure , the one to buy , the other to sell with , he shall be grievously fined and imprisoned 17 ric. 2. de pistor . & 11 h. 4. all falsiers of false vveights shall be imprisoned without bayle , til they be acquitted or attainted , and if they be attainted , their bodies shal remain in prison till they have made fine and vvild fowle and their eggs. whosoever shal willingly with draw , purloin , take , destroy , or convey any egs of any wild-fowl from any nest or place where they shall be layd by any kind of the same wild-fowl , between the first of march , and the last of iune yearly , shal be imprisoned one whole year , and forfeit to the king and informer for every egg of any crane or bustard so destroyed or taken from any nest or place 20. d. and for every egg of every byter , heron , or shovelard 8. d. and for every egg of every mallard , teale , or other wild-fowl used to be eaten , a penny. 25 h. 8. ii . 3 ed. 6 , 7. & p. i. & just . 9i . & vide plus pheasants 3. wines . 1. such as sel wines in gross , contrary to the prizes assessed , shal forfeit for every vessel so sold , forty shillings , 28 h 8. i4 . and p. 2. and just . 94. 2. if any person authorized to sell wine by retaile , shall sell the same above the prizes thereof limited by the kings proclamation , if there have been any , and shall be convicted within a yeare after , he shal lose for every galion 3. s. 4. d. and so after that rate , 28 h. 8. i4 . & 5 el. & p. just . 94 , 95. 3. if any shall deny to sell wines at the prizes assessed , they shall forfeit the value of the wine so desired to be bought , and the justices may upon request enter and sel the same desired to be bought , according to the prices set down , and take the buyers money towards the satisfaction of the forfeiture 24 h. 8. 6. & p. 3 , 4. vvoods . if a lord or owner of woods or under woods , and the tenants or inhabitants , ( having common therein ) cannot agree in dividing the fourth of the said wood , but shall desire the aid of the justices of the peace of the same shire where the wood lyeth , the more part of such justices ( not being a kin to the said lord or owner ) shall sever and set out the said fourth part of such wood , 35. h 8. 17. & p. 8 , 9. wooll and yarn . if any shall buy woollen yarn , and not make cloth thereof , he shal forfeit the yarne and foursold damages and be two years imprisoned , and fined , 8 h. 6. 5. & p yarn 4. 2. if any shall buy wooll but of the owner of the sheep and tyth , he shall lose the value thereof , e. 4. r. 2. 4 , & p. 1. resolutions of the iudges of assize , upon certain questions , touching parishes , &c. mich. an. dom. mdcxxxiii . london , printed by t. l. for m. walbancke , mdclv . resolutions of the iudges of assize , upon certain questions touching parishes , &c. mich. an. dom. 1633. quest . i. vvhether the churchwardens and overseers of a parish , with the assent of two justices of peace , one being of the quorum may by the statute of 43 e. cap. 2. or any law enforce a parishioner of the same parish to take a child of a poore parish●oner of the same parish , who is not able to keep his said child , to be an apprentice ? resol . the statute of 43 eliz. which saith that the churchwardens and overseers of the parish shall put out children to be apprentices , necessarily implyeth , that such as are fit must receive such apprentices , and the putting out of poor children is one of the best wayes for providing for the poor . quest . ii. if they may , then whether they must give money with him , and who shall determine what summe shall be given , if the party that is to take such apprentice and the churchwardens & overseers of the poor , cannot agree thereupon ? resol . there is no necessity that money must be given , but that must be left to the discretion of the overseers ( all circumstances of age and ability considered ) and if they cannot agree with the party , then the justices of the peace neare adjoyning , and in their defaults , the sessions of peace are to determine the controversie . quest . iii. vvhether a knight gentleman , clergy-man , or yeoman , or one that is a sojourner , using husbandry , clothing , grazing , or the like , may be inforced to take such an apprentice ? resol . every man who by his calling or profession , or manner of living entertaineth , and must have the use of other servants of the like quality , must entertain such apprentices , wherein discretion must be guided upon consideration of all circumstances . quest . iiii : whether a wealthy man keeping few or no servants , nor wanting a servant , but living privately may be enforced to take such an apprentice ; if not , then whether he may be taxed towards the putting forth of such an apprentice ? resol . for the receiving of such apprentices , the answer may be referred to the question next before , but out of doubt every such person must contribute to the charges , as to other charges for the provision for the poor . quest . v. whether they may enforce a parishioner of one parish to take such a child apprentice that is of another parish , but within the same county or division , if the proper parish be notable to provide for the children of the parish ? resol . the justices may provide masters for them in other parishes within the same hundred ; and if the hundred be not able , then out of that hundred in the rest of the county , as for the provision for the poor . quest . vi. if such a parishioner may be enforced to take such an apprentice and shal refuse to take such apprentice but also be bound to appear at the next quarter sessions or assize , what shal be done then ? resol . if any refuse , let such a one be bound to the next sessions or assizes , if he refuse to give such bond , let him be sent to the goale , there to remain until he wil give such bond . quest . vii . if such a parishioner who refuseth to take such an apprentice shal be bound over to the sessions for not taking such apprentice , and when he appeareth there shal likewise refuse , what shall be done unto him ? and what shall be done to the parents of such children who refuse to suffer their children to be put out apprentices , themselves not being able to maintain them ? resol . if at the sessions or assizes such one refuseth to take such an apprentice , and his excuse be not allowed , it is fit he be bound to the good behaviour . and as it will be a good course to indict such a refuser for a contempt , and thereupon to fine and imprison him , if he refuse to be bound to the good behaviour , let him be imprisoned till he will ; and the kings book of order directs that such be bound with good sureties at the counsel-board . and if the parents of such poor children do not suffer their children to be bound apprentices , or being bound to entice them away , themselves not being able to maintain them , let them be committed to the house of correction . quest . viii . whether it be in the power of any generall quarter sessions to mitigate any penalty upon a statute law , if the party indicted shall submit himself to the fine of the court , and wave the traverse . resol . if the party be convicted , or confess the fault , it is not in the power of the court to mitigate the fine , in such cases where the statute makes it certaine , but if the party indicted confess his innocency , yet quia noluit placi tare cum dom . rege , put himself up into the grace of the court , the court may impose a moderate fine , and order to forbeare the prosecution . quest . ix . if a man be bound to appear at the sessions , and shall tender submission to the court , whether the sessions may stay the indictment , and mitigate the fine as aforesaid , upon the confession of the fact . resol . this is answered before in the next precedent article . quest . x. if a man be convicted for being drunk , tipling , or keeping an unlicensed alehouse ; or being licensed , for suffering others to remaine tipling in his house , or for swearing , or for driving of cattle upon the sunday contrary to the stat. in that case provided , whether the justice of the peace ( before whom he was convicted ) or any other justice of the peace may discharge him of all ; or part of the forfeiture or punishment appointed by the statute ? resol . the justices have no such power of mitigation after conviction , where the statute appoints the measure of the punishment . quest . xi . vvhether a constable may upon a warrant for carrying one to the house of correction , for keeping an unlicensed alehouse , upon the second conviction break open the house where the party convicted is , to apprehend him ? resol . this question is to be advised upon ; it is but in generall t 〈…〉 arms , and referred to be considered in the particuler where it appeareth . quest : xii . if any woman unmarried be hired from week to week , or from halfe a year to halfe a year in one parish , and there is begotten with child , and then goeth from thence to another parish where she is setled in serv●ce by the space of two or three months , and then is discovered that she is with child , the question is , whether she shall b● setled in the parish where she was bego 〈…〉 with child , or in the parish wherein she was last setled ? resol . the place where such a woman was lawfully setled is the direction in this case , not where she was begotten with child . quest . xiii . if a woman servant unmarried be gotten with child , and then goeth out of her masters service before , or after it is discovered that she is with child , and the reputed father be run away , or is not able to free the parish , whether the master may be forced to provide for her til she be delivered and a month after ? resol . if the master have legally discharged his house of such a servant , he is no more bound to provide for her than any other . quest . xiv . in case a parish consist in part of ancient demeasne , and part geldable ; an assize is made for the reliefe of maymed . souldiers goale , &c. according to the stat. of 24. eliz. cap. 2. whether the tenants in ancient demeasne shall contribute with the geldable for the payment of this assize ? resol . the statutes do not distinguish , between the ancient demeasne and the geldable ; in these cases , ubi lex non distinguit , nec nos dstinguemus . quest . xv. vvhether an indictment of forcible deteinor be within the statute of 21 iac. 5. and not to be removed by certiora . unless the party indicted first finde sureties according to that statute : and whether the party indicted be to be bound himself , or may send sureties to be bound in his absence to prosecute according to that statute . and whether an indictment of forcible entry , &c. found at a quarter sessions , and certified unto the quarter sessions , be to be removed by cortiorar . without sureties according to the statute . resol . this is fittest to be left unto the court of kings-bench , to whose commission , and jurisdiction this is most proper . quest . xvi . if one be convicted upon the statute of 3 carol . r. cap. 13. for driving of cattle upon the sunday through several parishes , whether he shall forfeit twenty shillings to every of the said parishes , or onely to one , if to one , then to which of them ? resol . this statute gives the forfeiture but of one twenty shillings for one sabbath day , although the driving be on that day through several parishes therefore where the action is first attached , and distress taken , that parish shal have the benefit of the forfeiture , and none other . quest . xvii . if one who is under the age of thirty years , or brought up in husbandry , or a maid-servant brought up in any the arts or trades mentioned in the statute , 5 eliz. cap. 4. and not enabled according to that statute to live at his or her own hand , shall be warned by two justices of the peace , to put him or her self to service , by a day prescribed by them , and shall not do the same accordingly , but shall after continue living at his or her own hand , what course shall be taken with such a person , and how punished ? resol . such persons living out of service , and not having visible means of their own to maintaine themselves without their labour , and refusing to serve as an hired servant by the yeare may be bound over to the next sessions or assizes , and to be of good behaviour in the mean time , or may be sent to the house of correction . quest . xviii . whether the tax for the relief of the poore , upon the statute of 43 eliz. shall be made by ability , or occupation of lands , or both : and whether the visible ability in the parish where he lives , or generall ability whatsoever : and whether his rent received in the parish where he lives shall be accounted visible , and whether he shall be taxed for them only , and not for any received from other parishes . resol . the lands within each parish is to be taxed to the said charges in the first place equally and indifferently ; but there may be an addition for the visible ability of the parishioner , according to good discretion , wherein if there by any mistaking , the justice &c. or the sessions must judg between them . quest . xix . vvhether the tax for the county stock , goale , house of correction , is to be made by the statute 14 eliz. & 43 eliz. by ability , and upon the inhabitants of the parish onely , or upon them , or the occupiers of lands dwelling in that parish ; or whether such as occupy lands in that parish , and dwel in another parish shall be taxed ? resol . if the statutes in particular causes give no speciall direction , it is good discretion to go according to the rule for taxation for the poor . quest . xx. vvhether any taxes ought to be made for the charges that petty constables and burgholders are at for conveying of rogues from parish to parish , and relieving of them , and how to be rated ? resol . it is fit to relieve the constables and tythingmen , in such sort as it hath been used in severall parishes where they live . quest . xxi . vvhether a justice 〈◊〉 peace may discharge a servant being with child from her service , allowing 〈…〉 hat as a reasonable cause that she is 〈…〉 ereby made unable to do her service ●hich otherwaies she might have done ; 〈…〉 d if he may discharge her , whether ●e parish shall provide for her til her delivery , if she cannot provide for her 〈…〉 lf , and so also if her time be expired before her delivery , who shall provide 〈◊〉 her after the time ended . resol . if a woman being with child 〈…〉 ocure her self to be retained with a 〈…〉 aster who knoweth nothing thereof , 〈…〉 ems to be a good cause to discharge 〈…〉 r from her service : but if she be 〈…〉 ten with child during her service , it 〈…〉 meth to be otherwise ; but the master neither case must turn away such a 〈…〉 vant of his own authority , but if 〈…〉 r term be ended , or she lawfully 〈…〉 charged , the master is not bound to 〈…〉 vide for her , but it is a misfortune 〈…〉 len upon the parish , which they must 〈…〉 re as in other cases of casuall impo 〈…〉 cie . quest . xxii . vvhether one being 〈…〉 vered of a bastard-child in one pa 〈◊〉 , and goeth into another parish and 〈…〉 omes vagrant , and so is sent to the 〈…〉 ce of her birth , her bastard-child be 〈◊〉 under the age of seven years , shall setled with the mother , and there 〈…〉 intained , if the mother be not able to keep it , not the reputed father found ; or whether it shall be sent to the place of its birth , as being setled with the mother , whether the parish where it was born shall be ordered by the two next justices to pay a weekly sum towards the maintenance of it ? resol . the bastard child must be placed with the mother , so long as it is within the quality or condition of a nurse-child , and then it is fit to be sent to the place of its birth , to be provided for , the mother or reputed father not being able . quest . xxiii . a man with his wife and children takes a house in one parish for a year , and before the end of his term is put out of possession , and after takes part of an house as an inmate in another parish , from whence he is also put out in two or three dayes , and then not being able to get any dwelling , they come to lye in a barn in a third parish , where the husband falls sick , and the wife is delivered of another child , where ought these to be setled ? resol . if a man or woman having an house or habitation in one parish be thrust out of possession , this is an illegall unsetling , which the law forbiddeth ; for none must be enforced to turn vagrants , and such a one must be returned to the place where he or she was lawfull setled , and the child also that was born in the time of this distraction . quest . xxiv . whether an apprentice put out by the churchwardens &c : according to the statute , to a master in another parish , if his master die and leave no executor fit to keepe an apprentice , or able to place him , shall he be provided for in the parish where he was apprentice , or shall be sent back to that parish from whence he was put out ? resol . servants and apprentices are by law setled in that parish , and if they become impotent there , the parish must beare the adventure after their terme or time be lawfully en 〈…〉 ed. quest . xxv . vvhat is accounted 〈◊〉 lawfull setling in a parish , and what 〈…〉 ot ? resol . this is too generall a question to receive a perfect answer to eve 〈…〉 particular case which may happen , 〈◊〉 generally this is to be observed , 〈◊〉 the law unsetleth none who are 〈…〉 ully setled , nor permits that to be 〈…〉 e by force or compulsion : and eve 〈◊〉 one who is setled a native , house 〈…〉 lder , a sojourner , an apprentice , or servant for a month at the least , with 〈◊〉 a just complaint made to remove 〈◊〉 or her , shal be held to be a setling . quest . xxvi . a rogue is taken at a. and wil not confess the place of his birth , neither doth it appear otherwise but that he confesseth the last plece of his habitation to be at s. hereupon he is whipped and sent to s. at his comming to s. there the place of his birth is known to be at vv. and thereupon the rogue confesseth it to be so , whether he might without new vagrancy be sent to vv. resol . in this case it is fit to send such a rogue to the place of his birth ; but this is but a mistaking , and no legal setling . quest . xxvii . if an indictment be preferred to the grand inquest of the quarter sessions of the peace , against one for murder , manslaughter , robbely , felony , or petty larceny , and ignoramus found thereupon , whether the said sessions may deliver the party by proclamation , or not . resol . not by proclamation but for petty larceny , and other petty felonies in discretion the goal may be delivered of them . quest . xxviii . if a constable be chosen , and refuse to take his oath , what shall be done ? and whether a constable may make a deputy , and by what means ? resol . the refusall or neglect to take oath in such case , is a contempt worthy of punishment , and the best way is by indictment , and thereupon to fine and imprison him ; and the making of a deputy is rather by toleration than by law. quest . xxix . if a constable die , or remove out of his place where , &c. how is his place to be supplyed ? resol . by the lord of the leet , if that time fell neare , if otherwse by the sessions , but if that be too far off , then by the next justices . quest . xxx . if a poor weak man be chosen constable or tything-man be unfit for the place , how he may be removed , and a fresh sworne in his roome ? resol . the justices must help this , and 〈…〉 f the lord of the leet have power to chuse a constable or tything-man and perform it so ill , that is a just cause to seize his liberty . quest . xxxi . if a nurse-child , a schollar at a grammar school , or in the university prove to be impotent by sickness , lameness , lunacy ; or discovery of felony , how such persons shall be disposed ? resol . a nurse-child , or a schollar at the grammer school , or in the university are not to be esteemed as persons setled there , more than travellers in their innes , but their setling is where their parents were setled , or themselves were last setled . quest . xxxii . what proportion parsonages , or tithes shall bear to the taxation of the poor of the parish . resol . the parson having the tenths or tythes of the parish , it seemeth good and equal that he shal pay the tenth part of the rate of the poor in that respect . quest . xxxiii : vvhether for placing of the poor of the parish not to be removed but by consent of the parish , these poor men may not be placed &c. inmates for a time ? resol . they may by express words of the stature of 43 eliz. quest . xxxiv . it a parishioner , or owner within a parish , do bring into the parish , without the consent of the parish , a stranger of another parish , which is , or apparently like to be burthensome to the parish , how they may ease themselves . resol . by taxing such a one to the charge of the rates of the poor , not having respect to his ability , or the land he occupies , but according to the damage and dangerhe bringeth to the parish by his folly . quest . xxxv . for vvarding in the day time for apprehending of rogues , whether the constable may not enlarge it ? resol . vvarding in the day time is of great use , and must be left to the discretion of the constables , or direction of the justices to vary according to the occasion . quest . xxxvi . vvhether alchouses ought to be allowed in through-fair towns , and others in other places to be restrained onely to sel to the poore out of dores . resol . the justices shall do very welto allow none but in places sit for their s●itua●●on and user , and to moderate the number . quest . xxxvii . a man for his quality otherwise sit to be a constable or other officer of that nature , procures himself to be the kings servant extraordinary , and by that would excuse himself to serve in the country . resol . a servant extraordinary may wel perform his ordinary service in the country according to his quality . the ivdges opinions concerning the commissions by which the iustices sit at newgate . viz. goale-delivery , and oyer and terminer . mdcxxxiii . london , printed by t. l. for m. walbancke mdclv . the iustices opinion , concerning the commissions by which the justices sit at newgate , viz goal-delivery , & oyer and terminer . mdcxxxiii . the justices of goale-delivery there , may try all prisoners in the goale or by baile , or such as being indicted wil render themselves , generally for all felonies , and also for such other offences as are particularly assigned to them by statute . the statute of 4 edw. 3. cap. 2. doth give them power to receive indictments against prisoners , and such as are upon bayle , and to proceed to try the same ( viz. ) indictments taken before the justices of the peace , and by equity thereof all indictments before coroners , 3 mar. bro. commission 29. saith , that the commission is , ad deliber and. gaolas de prison . in eisdem existen . but they cannot take indictments as justices of goal-delivery , but being justices of the peace they may take indictments , and then try the same , or else to receive indictments taken before justices of the peace , but it standeth with reason , that they may take indictments against prisoners , but not against them that are at large : for in as much as power to deliver the goale is given them , consequently they must have means to do so , which is by indictments : ideo quaere . howsoever it is clear , they may enquire of many offences , and take . indictments in such cases where power by any statute is given to the justices of goale-delivery to make enquiry of . when an indictment is taken before jusc●ces of goal delivery , in such cases where they have authority by law or st. it there the title of the indictment is , that apud go alam deliberat . tent . before the commissioners of goal delivery , i. s. was indicted , and the record must be made up so : and whereas by vertue of the stat. 4 ed. 3. indictments taken before justices of the peace , or coroner , or any other against prisoners , then the entry of the indictment is returned , memorand . quod ad generalem sessionem tent . before a. b. iustic . ad pacem in com. m d. or london , i. s. was indicted and tryed before justices of goal-delivery , and by vertue of the said statute indictments taken before justies of the peace in london or middlesex , and tryed before justices of goal-delivery . the commission of oyer and terminer is , ad inquirend . & determinand . they may enquire of all the offences mentioned in the commission , allbeit the offenders be at large : but they cannot try prisoners upon indictments taken before any other then themselves , as the justices of goale-delivery may by the aforesaid stat. unless there be a speciall commission made , as it was in the case of the earle of leicester mentioned in plowdens commentaries : for the ordinary commission of oyer and terminer is , ad inquiread . audiend . & de e●minand . therefore they cannot determine things unless they made enquiry first ; and on the other side also , the justices of goale-delivery may try indictments taken before justices of the peace ; yet if one be indicted before commissioners of oyer and terminer , the justices of goale-delivery cannot try the same , because the records of the commission of oyer and terminer , are to be returned into the kings-bench : 24 e. 3. 31. the commission was , and the records of the proceeding before the justices of goale-delivery are to be returned to the custos rotulorum of the county , when the same persons are justices of goale-delivery , and oyer and terminer , they may sit the same day and place , and enquire by the same jury , but the entry of the records must be severall , according as the indictment is . at the assizes in the countrey the justices have their severall power , as justices of goale-delivery , oyer and terminer , and justices of the peace , but when the records are made up , they must be according to the power they made election to proceed upon , this is the regular and legall course : but the clerks of assize promiscuously made entry thereof : but if a w●●t of errour be brough , they must certifie according to law , or else it were erronious , and so upon a certiorar . the sessions of peace at london may begin at guildhall , and there adjourn to newgate , if some indictments be at guildhall , then these must be so certified if otherwise at wewgate , then the adjournment must be mentioned , and that the indictment was then taken . note that the tryall of indictments taken before justices of the peace of london cannot be tryed at newgate , as in nature of a tryall before justices of the peace of london ; for many of the commissioners for goal-delivery are not justices of the peace for london : but in such case the tryall must be before the justices of goale-delivery , as upon indictment taken before justices of the peace of london , and in like case of indictment taken before justices of the peace in middlesex . but if indictments at newgate be originally taken before justices of goale-delivery , then it is considerable how the jury sworn and impannelled to enquire at the sessions of the peace for london or middlesex , serve to present indictments before the justices of goale-delivery at newgate , unless the custome and usage w●l warrant that the two several juries sworn at the sessions of the peace for london or middlesex , and also by the same oa●● and impanelling to serve for the grand jury for the com. of gaole-delivery , and oyer and terminer . upon conference with mr. keeling , and the clerks for newgate , of london and middlesex , and the clerks of assizes , and view of their severall entries , a more mature and certain resolution may be given ; this being in hast , and without such consideration as were requisite . coroners of their office , and of their authority . and where a man shall approve , and where not . and which shall be good appeals for approvers , and of the answers unto them . and where a man shall have sanctuary , and where not . and where a man may abjure , and where not . note that the office and authority of a coroner is to sit , super visum corporis of them that die otherwise than by the visitation of god , and to take sufficient record of the view : also to abjure them that ought to be abjured , and for to record that and also to record appeals , and accusations of felons that approve . 22 e. 3. and unlawfully to take pleas of the crown , and to present them as it appeareth in the stat. of vvestm . the first cap. 10. and to take appeal of robbery and felonle , 9 hen. 6. fol. 4. & 37. quere if they may proceed in that ; for the book saith that they may record non-suits in appeals , and give judgment upon outlawries . the coroner certifieth into the kings-bench , that w. c. received a. b. as he was carried to be hanged , and conducted him to the church of s. this is no good record ; for hee can certifie nothing but , super visum corporis , or by special writ to him directed . a coroner is made in the time of king henry the eight , and the coroner sitteth in the time of the king that now is , super visum corporis , and taketh a sufficient indictment , and certifieth , it , that is a good record , and the court may proceed upon it . 4 e. 4. 44. for the coroner is made by writ , and he shall endure till he bee discharged by writ : contrariwise it is of them that be made by commission ; for by the kings death their power is then dissolved . a coroner sitteth super visum corporis and taketh a perfect indictment , and another coroner of the same shire sitteth after , and taketh another indictment , the second indictment is voyd , 5 r. 2. 10. & 7. for by the first sitting the enquiry is perfectly determined & ended . a man indicted of felony confesseth the felony , and approveth , and hath a coroner assigned him , and he approveth one of felony in another county , this is a good appeal , 9 h. 6. 45. but the coroner cannot make process to them , but he must certifice the record to the justices of the goale-delivery , and they shall make the proces . approvement is as much to say as an accusation , and it must be after judgement , and it must be made by him that is indicted of felony , and hath confessed the felony ; and upon this the justices may assign a coroner to hear his approvements , and to record them , and a certain time shal be assigned him to approve ; but it is at the discretion of the justices if they will permit him to approve or no : and if he approve out of the time to him assigned , it is voyd . if a man plead not guilty to the felony at the issue , and after he will relinquish the issue , and confess the felony , he shall not be suffered to become an approver , 21 e. 3. 10. for he hath taken a peremptory issue , and is found two times false ; one is by committing the felony , another is by taking of that false plea , and therefore he shall not be trusted to approve , ōthers . if one that is robbed bring an appeale against one which confesseth the felony , he shall not be suffered to approve ; for an approvement is onely for the profit of the king , and in this case the party shall not be so long delayed ; and in an appeal , the defendant shall not be suffered to approve . a man is in prison for trespass , and will confess felony , he shall not be s●ffered to approve , for he is not in prison for felonly . a man that is outlawed of felony , he shall not be suffered to approve ; for this outlawry is an attainder in law , and a man attainted cannot approve ; for he is out of the protection of the king and his law ; and this approvement is an action , and a man out of the law can use no action . a man approveth i. s. being an alien born , and now being in spain , this is no good approvement ; for he cannot be summoned by process to answer : a man cannot approve another after that he himself is abjured , for none can approve but such as may have judgment to be hanged , and so cannot a man abjured . a clerk convict escapeth out of the bishops prison , and maketh another felony , and confesseth that felony , he shall not approve , for he hath another judgment before , and he is out of the law , and cannot be adjudged again . if the approver misrehearse the appealee , either by his name , orthe colour of his horse , he shall be hanged incontinent . if a man be indicted for forging of false money , if he confess that treas●n he may approve others . if one confess the felony , and approve another which joyneth the mise by battle , that not guilty , and when the approver cometh to the field to fight , he relinquisheth his approvemens , he shal be hanged incontinent , and the other shall go quit ; for this doth countervail a vanqūishment . an approver appealeth himself , and i. s. for that they break out of n. in which they were for felony , this is no good approvement , for one cannot approve another of felony , but of such whereunto himself was party , and the breaking of the prison was severall escapes ; for one was not party unto the escape of the other . an approver approveth another which pleadeth not guilty , the ki● pardoneth the approver , the appeallee shall go quit , contrariwise it is if the appealer dye in prison . an approver appealeth another , for that he did receive goods knowing they were stoln ; this is no good approvement . an approver approveth another of a felony whereunto himself was not privy nor party ; this is no good approvement . an approver appealeth one which appeareth , and upon that the appealer taketh his clergy , the appeallee shal be arraigned upon the felony for the king. an approver appealeth i. s. and there is no such in rerum natura , the approver shall be hanged incontinent , the justices of the goal-delivery or of oyer and terminer , may assign a coroner unto him that will approve , but justices of peace cannot . sanctuarie taken away by the statute ideo , &c. in what cases a man have clergy , and what not . and where the ordinary may refuse the clerk , and where he may challenge him . and where the abuses of the clergy shall be punished . and where it is finable . and which acts shall bee judged an escape , and which not . note that if a man be convicted of wilful murder , poysoning , robbing of a church , or robbing by the highway , or for burglary , where any is put in fear of their life , or for stealing of horses , mares , or geldings , these persons shal not have their clergy , by the statute of anno 1 e. 6. cap. 12. such as for the offences aforesaid , be arraigned and stand mute , or challenge peremptory above the number of twenty jurors , or wil not answer directly to the felony , they shall not have their clergy by the aforesaid statute , but in all other cases they shall have their clergy , as they might have had before the 24. day of apr. anno 1 h. 8. a man arraigned of rape shall not have his clergy , ●er . stat. el. 18. cap. 6. a man that is bigamus ( that is twice married ) or hath married a widow , is arraigned of felony for stealing of a cow , shall have his clergy , that is given by the statute of anno 1 ed. 6. a man is arraigned for robbing of a house in the night , where none was put in fear of their life , he shall have his clergy . a clerk convict killeth his keeper and escapeth , and is taken again , and arraigned of felony , he shall not have his clergy . 22 ed. 3 fol. 25. for frustra legis auxilium in vocat qui in legem committit . a man indicted acknowledgeth the felony and approveth , and when the appeal appeareth , the appealee prayeth his clergy , he shal not have his clergy . he that is arraigned of any felony whereof he might have his clergy , if he stand mute or otherwise abuse himself , so that he should be put to his pennance , yet he shall not lose the benefit of his clergy , for he is not put from that by the statute . if a woman be arraigned of felony , if she can read , she shal have her clergy in all cases as if she were a man. a man is arraigned of felony , and prayeth his clergy and cannot read , he shall be committed to the ordinary , and after he hath judgment of death , and then he prayeth his clergy , and can read , he shall be committed to the ordinary ; but it seemeth that that is at the discretion of the justices . a man taketh a church for felony , and will not confess the felony to the coroner , and is drawn out of the sanctuary and arraigned , yet he shal have his clergy if he can read . a man is arraigned and prayeth his clergy and can read , and the ordinary will not demand him , yet he shal have his clergy . a man is abjured and taken again , and yet it is demanded what he can say whereof he should not die , and he prayeth his clergy , if he can read he shall have it . in an appeal of goods stolne the defendant shall have his clergy . a man is arraigned of felony , and attainted , and hath judgment of death and is delivered to the goalor to be hanged , and he prayeth his clergy , if he can read , and there be an ordinary to allow him , he shal have his clergy . if the ordinary keep a clerk convict more easily or more streighly then he ought by the law , the king shall reform him ; and if he deny a clerk ●n make his purgation , where he may make his purgation by the law , the king shall compell him to suffer the prisoner to make his purgation . if a felon pray his clergy when he may have it by law , and the ordinary refuse him , the ordinary shal be ●m●rced , and the prisoner shall be hanged . finis : notes, typically marginal, from the original text notes for div a34019-e3080 an alehous keeper permitting any to continue drinking in 〈◊〉 house . nota. a drunkard . nota. ●owes and arrows . arrow . ●eads . ●orfeit 〈…〉 . s . ride or go armed . imbezel the kings armour . recusants armour . artificers conspiring for the order of their work . nota. lying in wa●t . 〈◊〉 break the assize , the 1 , 2 , 3 , time he shall be amerced . to whom & and where a badgers license shal be made . regrating or ingrossing of bark at what time trees to be barked , shal be felled . vvho shall take order for bastardy . refusing to perfo●m the order . nota. the punishment of the mother . nota ▪ quaere . nota. no brewer shall be a cooper . the prices of ale and beer . nota. none shall sell drink to an alebouse keeper unlicensed . buggary . burglary . kill not weanling 5. selling measled or morein flesh . souldier making away his horse or harness . absenting from the musters . felony in souldiers . certificate . not reparing to the church . common fin . weights & measures . refusing to pay wages . linnen cloth. conjuration or vvitchcraft where by any person is killed or lamed . declaring where things be hidden for procuring unlawul love . first offence . second offence . prophesying . vvhoought to be chosen constables the duties of constable●s . escape . purveyor . labourers in harvest search for rogues , & convey them to the house of correction . apprehend rogues as be , and punish them . outland sh rogues . refusing to receive rogues to convey them . nota hedge break●rs . plague . drunk 〈…〉 ale-house keepers . vnlawfull games . poor children apprentices . present recusants . vvatches set and kept affray . highwaies . prisoners . maimed souidiers . houses of correction . the prizes of vessels . the contents of ale and beere vessels . marking of vessels . sope vessels . diminishing of vessels . seed corn . refusing to do his office. his fee. inmates . eseape of a murtherer , nota. escheators see . a place appointed for a hors-fair . nota. 〈…〉 be seller must be 〈◊〉 ●own . taking pheasants & partridges with snares . taking them in the night . destroying certain games and their egs . tracing hares taking pheasants or partridges with setting-dogs . note w 〈…〉 may take pheasants . & partridges , when and where . selling of pheasant , partridge , deer , or hare . hawking of pheasant or patridges . keeping grey-bounds , setting dogs and nets . taking of salmons . taking of spawn . salmons & trouts out of season . nota. destroying of any pools or fishings . concerning fish dayes , and the eating of flesh in l●n● . degrees of force . forcible entry . forcible entry ; or forcible detaining of lands . three years possession . each man shal help to remove force . vvho is a forestaller vvho is a regrator . vvho is an ingrosser . vvho may regrate . ingrosse & the punishment of the offender . live cattle . forestalling of hides . bark . wool. leather . against whom sureties of the good behaviour may be granted . keeping & shooting in guns , &c. the length of a handgun , hag , but demihake . who may take away the gnn or crosbow from the offender . shooting in a city or market . the master commanding the servant to shoot . not● . every man may arrest an offender hail shot . who may keep for shoot in guns . shooting at fowles , or hares . licence to shoot at hawks hawking at unseasonable times hawking in corn. taking hawks or their egges out of anothers ground . take or fear hawks bearing of english hawks . conceasing of hawks lost . taking herons . shooting at heronswith gun or bow by whom , and when surveyors shal be chosen , six dayes . surveyor , refusing his office . the charge of a plow-land . what is a plowland . two men instead of a carriage . cottager . casting soyle into the high-way . sluces to convey the water into the ditch . how and by whom the said penalties shal be levyed , and imployed . the wayes shal be 200● foot broad . bridges . notae . nota. nota. horse-stealers . huy and cry must be made . hunting conies in the night in any park or vverren . quaerel hunting in the night disguised . helony . trespass in parks . buckstalls . keeping of grey hounds setting dog or nets . none shall hunt but he that hath sufficient living . notae . selling deer or bare . tracing or shooting at hares . hunting in corn. vvithin what time the offenders shal be sued . juror takeing reward to give his verdict . no juror returned without his addition . gathering issues not due . the sufficiency of jurors , to enquire of forcible entry . sufficiency of jurors to enquire of a riot , rout , &c. nota. vvhat persons shall not be retained under a yeer . refusing to se ve . 〈…〉 ing or taking wages contrary to the statute . putting away a servant . the servant departing from his master . servants-shal not depart into o●aer towns without testimoniall . no servant shall be relieved without shewing his testimoniall . counterfeit test monial , nota. vndertaking work and not finishing it . vvomen cempelled to serve . servants imbezelling their masters goods taking apprentices contrary to the statute . none shall occupy any draft , but which he hath bin an apprentice . a remedy for an apprentice misused by his master . nota. nota. larceny . petty larceny . vvho may be a tanner . a tanner shall not be a cutter of leather . how hides shal be used in vanting . curriers . a currier shall not use any other trade cutting leather . vvithin what time leather shal be curried . the penalty for not appointing searchers . a searcher omitting his duty , or taking bribes . denying of the office . denying of search . selling leather not registred . buying leather not sealed or registred . shoomaker . mayme . maintenance inquiry of riots , routs , &c. forcible entries by maintenance . maintenance of suits . nota. champertors . embracers : chance-medley . se defendendo . nota. nota. murder . poisoning . stabbing . malt to be theee weeks in the whole time of making . nota. the number of malsters may be restrained . a cow shal be kept for 60. sheep . a cow for i0 . bea 〈…〉 s feed , & for every two kine a calf . the day for all mortuaries . to marry the former husband or wife living is felony . in what place pewter ought to be sold . maintenance of houses for unlawfull games . playing as unlawfull games . person prohibited to play at unlawfull games . overseers of the poor . the punishment of thosewhich wil not work . the forfeitures for not naming overseers . ●isturb preachers . nota. saying or singing mass . licences to such persons . goalers 〈◊〉 , handling their prisoners straitly reliefe of prisoners . breaking prison . escape , rescues . bailement of prisoner persons not baylable . two iustices . taking ward , &c. by what measure purveyors 〈◊〉 take . when purveyors shal fel timber . felony in purveyors . nota. charter . ravish a maid , &c. abusing children under ten yeares . taking a woman against her will. keeping recusants in his house keeping schoolemaster . abjurgation . popish reliques . iesuites . taking stoln goods again . the forfeitures of the iustices which do not execute this stat. the number which make a riot , &c. vvhat makes an unlawfull assembly . 〈◊〉 rut. arrest rioters . riot . enquiry of riots . &c. certifying of a riot . the punishment of riots . each man shall help to repress riots . a iury to enquire of riots , &c. maintainance whereby a riot is not found . vnlawfull assemblies . disclosing a commotion wherin one is moved . rebellious assembly . theft . robbery . highway . house . tent or booth . robbing a-any part of any house by day , of the value of 5. church or chappell . transporting sheep . estrcals shall be shewed to the party and rooted . iustices shall view the sheriffs estreats . indictment takenin the sheriffs turn shall be delivered to the red to the iust . of peace . the preparation of the earth for making tile . the length , breadth , & thickness of tile . searchers of tile . he that hath license to transport corn , shall lade it in one place . lawfull to transport corn and beer . high treason . the punishment . premunire misprison . the punishment . petty treason . the punishment . the forfeitures . the surplusage of the stock . vvho shal beadjudged incorigable bohues to br burned . vvho shall be adjudged vagabonds and rogues . vvho shall be adjudged a felon rogues ought to be conveyed from parish to parish . outlandish rogues . every person shal apprehend rogue . corrupt victualls . victuall shal be sold at reasonable prize . selling wares , and buying them again nota. ●one shall 〈…〉 ey or sell 〈…〉 t with ●eigbts & ●easures 〈…〉 gned and 〈…〉 inted . common weights . officers shall view & examine weights . seale weights false vveights . countterters of vveights . taking , or destroying the egges of vvild fowle . denying to sel vvine at the prices assessed . notes for div a34019-e22620 vide stanford ; anciently felonys include all trespasses , therefore the iustices of goale-delivery have power to hold plea of trespasses against them in prison or upon baile render themselves . vide 1 mar. dier 99. iustices of assizes held plea of all appeales of felony or murder against one in prison by their gene rall commission , so by the same reason to take indictments . notes for div a34019-e23130 9 h. 6. 4. 37. 5 ed. 8. 4 ed. 4. 44. 5 r. 2. 20. & 7. 29 ed. 3. 45. 21 ed. 3. 10. 25 ed. 3. 21 ed. 3. 11 ed. 3. 17 ed. 3 , 4 25 ed. 3. 19. 19 h. 6. 22 edw. 3. 21 h. 5. 38 25 , ed. 3. 25. 25 ed. 3. 12. 7. 10 ed. 4. 17. 3 ed. 3. 36 21 h. 6. 45. 1 iac. 25. & 28. notes for div a34019-e23770 1. ed. 6. 22 ed. 3. 35. 21 ed. 3. coron . 461. 34 h. 6. 55. 9 ed. 4. 29. 22 ed. 3. 35. 9 e. 4. 3. 29. 8 h. 4. 3 h. 7. 