Jurisdictions, Part 53 – Part 62
Diſtreſſe.
Where one may diſtraine, and what thing.
ONE lifted a Mill-ſtone off the ſtock, to be picked on the floore, it is not ſo ſevered, but that it is parcell of the Mill, and cannot be diſtrained, and ſo it is of Windowes and doores, 14 H. 8. fol. 29.
10 H. 7. fol. 21. You cannot diſtraine the garment of another man in a Taylors ſhop, 21 Ed. 4. fol. 49. the ſame.
9. H. 6. fol. 9. The Lord cannot diſtraine for his Rent, but in Lands held of him, but the King may.
8 R. 2. tit. Avowrie 192. If one be Amerced in Leet, the Lord may diſtrain in any place within the Precinct of that, and in the Turne of the Sheriff in any place within the County.
34 H. 8. tit. 253. During the poſseſſion of the King, the Signiory of another is ſuſpended touching the Diſtreſs.
5 H. 7. fol. 15. If one be Amerced in a Leet, and another takes his leather from him, and makes of that Boots and Shooes, yet theſe Bootes and Shooes may be diſtrained for this Amerciament within the Precinct of the Leet,
21 H. 7. fol. 13. The Leſsor cannot diſtraine Fats fixt by his Leſsee for a dying Pan, and though the Leſsee may remove them during his Tearme.
21 H. 7. fol. 26. Glaſs fixt by the Termor, the leſsor cannot diſtraine for his Rent as it ſeemeth, and the Lord cannot diſtraine Tables dormant in the Houſe of his Tenant, nor a thing which cannot be attached in an Aſſeſse.
21 H. 7. fol. 41. The Lord cannot diſtraine Shocks of Corne for his Rent, but doing dammage he may.
27 Aſſiſes 66. One cannot diſtraine in a Sanctuary, if it be not for Iſſues for the King.
6 H. 4. fol. 11. One may arreſt the Vicar in the Church by a Capias, notwithſtanding the Statute, 1 R. 2. For that is intended he ſhall not arreſt him ſaying Divine Service.
13 H. 4. fol. 42. If one proffer ſufficient amends for wrongs which they have done, one cannot diſtraine and avow that.
Marlebridge chap. 2. That no Lord may diſtraine out of the fee.
Marlebridge chap. 1. None ſhall make Diſtreſſes at his own will without the conſideration of the Kings Court.
Marlebridge chap. 15. It is not lawfull for any to make Diſtreſſes out of their Fee, nor in the Kings way, or in the common ſtreet, but for our Lord the King, and for his Miniſters, having ſpeciall authority from him.
In what place a Leet ſhall be kept, and at what time.
A Leet by the Statute ſhall be held but twice in a year, that is in the MonethMonth of Michaelmas and in the Month of Eaſter, by the intent of the Statute of Magna Charta, c. 35.
Preſentment in Leet held foure daies after the MonethMonth is voide, 6 H. 7. fol. 1. and 38 H. 7. the ſame.
One may preſcribe to hold a Leet at a day certaine, though it be not within the MonethMonth, and good, for it ſeems that Magna charta, is but Common Law, otherwiſe he cannot preſcribe againſt a Statute, unleſſe he have another Statute for the ſame, and if he hold that any other day it is voide, which makes in a Leet, 33 H. 6. fol. 7.
By Brian, Leet ſhall be held in any place within the Precinct of the Lord-ſhip, where it pleaſeth the Lord, for it is the Court of the King, as the Kings Bench whereſoever it is, &c. 8 H. 7.4.
Twelve ſhall be of the Jury in a Leet, otherwiſe the Preſentment there are all traverſable.
THere ſhall be at leaſt twelve in a Turne, Raſtall, Indict. 1.and Turn and Leet are all one, Weſtminſter 2. chap. 13.
Every Indictment and Preſentment in Leet, ſhall be by twelve men at leaſt, 6 H. 4. fol. 1.
Preſentment that one had dwelt within view of Frank-Pledge by a year and a day not ſworn, &c. if it be not by twelve it is traverſable, and if it be by twelve, it is not traverſable, 45 Ed. 3. fol 26.
If there be not twelve to be ſworne, the Lord may cauſe ſtrangers to be of the Enqueſt, 3 H. 7. fol. 4.
By-Lawes.
For that, that By-lawes are made many times in Leets, ſomthing ſhall be ſaid of By-lawes, and I intend that Bylawes which are for the Common-wealth, ſhall binde all, and other By-lawes ſhall binde but thoſe that aſsent.
WHere a By-law is for a Common-wealth, it is good to binde all, though all do not agree, as to make a Cauſey, Way, or Bridge; but By-law to repaire a Church is a Charge, for that it ſhall not binde but thoſe that aſſent, 44 Ed. 3. fol. 19.
It is ſaid, that Tenants in a Leet may make By-lawes, for that it is the Kings Court, which ſhall binde them by their aſſents, and a Town may make By-lawes by preſcription, and that ſhall binde them, but not a ſtranger, as Bylaw, that every one which puts in his beaſts into the Common before, &c. ſhall pay ten ſhillings, this ſhall binde them which aſſent, but not a ſtranger, 13 H. 8. Leet 37.11. H. 7.14. & 21. H. 7.40. the ſame.
If a Town be amerced, and neighbours aſſeſs a Summe of every Inhabitant, and agree to have I. S. to diſtrain for it, the diſtreſs is lawfull, Doctor & Student, fol. 74.
Where the greateſt part of a Town agree to a By-law, which was charged, that then it is good againſt them all, 8 Ed. 1. Aſſiſe 413.
By-law, that every one which holds land ſhall pay to the reparations of the Church one penny, and for not paying ſhall forfeit to the Lord twenty pence; it is not good, for the Lord hath no damage, but the Church-Wardens, and for that it ſhall be forfeit to the Wardens, &c. but where a By-law is for a Common-wealth, I intend for not doing ſhall be a forfeiture to the Lord, and this is good, 21 H. 7. fol. 20.
One cannot preſcribe to make Lawes to alter inheritances, 49. Aſſiſe 8.
Inmates.
Though it be not ſpecified in our Law who are Inmates, and who not, nor any remedy provided againſt them, but onelyonly which have been uſed to avoid them by By-lawes made in Leets, yet it is not impertinent to ſee who hath been taken in Law an Inmate, and who not.
IF one let part of his houſe in which he dwells to a Gentleman which keeps not his table there, but goeth to victualling-houſes for his victualls, but yet hath certain rooms in the houſe, that is no Inmate: Alſo if one keep his daughter married, and her husband by Covenant, or otherwiſe, and ſuffer them to have certain rooms in his houſe, theſe were not accounted Inmates, and theſe ſhall not have Common.
But if a man have a houſe, and let certain rooms of that to another to dwell with him, he hath been accounted an Inmate, unleſs he be of ability to live, and ſhall not have Common in the Lords Waſte or Feilds: But if one take one to table, or to ſojourn with him in his houſe, and let him certain rooms, he is not accounted an Inmate, and he ſhall not have Common.
Alſo if the Inheritor of a houſe let a certain parcell of his houſe in which he dwells, and ſevereth that from the other part, and make ſeverall doors to the high ſtreet, it is now as two houſes, and is not accounted as an Inmate, but he ſhall have no common, otherwiſe it is if they have but one door to the high ſtreet, for then it is accounted an Inmate, unleſs he be a ſufficient perſon to live of his Lands of himſelf, or by his Art or Trade, ſo that he be not a poore Labourer; but at this day ſome take Inmates more ſtrictly, and in times paſt, none were puniſhed in Leets by paines ordained in Leet, but idle and bribing perſons, which were common breakers of hedges, and other bribers which live in others houſes idly, or live ſuſpect.
The Oath of the Reeve, or Bayliffe.
YOu ſhall ſweare, That you ſhall well and truly ſerve our Lady the Queen, and the Lord of this Mannour in the Office of Reeve, or Bayliffe of the Mannour for this year to come, and you ſhall well and duly collect all ſuch Rents, Revenues, and other annuall Profits as ſhall be chargeable, and iſſuing out of the ſame Mannour to you: And of that you ſhall make and give a lawfull account at the end of the ſame year, and in every other thing belonging to your Office, well and truly to diſcharge in your Office during this year to come. So help you God, &c.
The Oath of the Greve, or Hayward, or Beadell.
YOu ſhall ſwear, That you ſhall well and truly ſerve the Queen our Soveraign Lady, and the Lord of the Mannour, in the Office of Greve, Beadell, or Hayward of this Mannour for this year to come, and you ſhall duly and truly execute all ſuch Attachments, and other Proceſſes, as ſhall be directed to you from the Lord or Steward of this Court, and you ſhall preſent all Pound-breaches which ſhall be made within your Office, and alſo all Cattells, Strayes, and Waifs, and in every other thing, well and truly hold you in the ſame Office. So help you God, &c.
Oath of a Deſiner.
YOu ſhall ſwear, That you I.S. from this day forward ſhall be faithfull and loyall to our Soveraign Lady the Queen, &c. and to her Heirs, and ſhall keep unto her faith and loyalty of life, and of member, and of earthly honour, and that you ſhall not conceal any ill or damage intended towards them, nor hear any ill of them which you ſhall not defend them in, to your uttermoſt power. So help you God, Britton, fol. 74. gives that.
Oath of Affirors.
YOu ſhall ſwear, That you will well and truly tax, aſſeſs, and affier all the Amerciaments preſented in this Court, and in doing of that, you ſhall not ſpare any for love, feare, nor affection, nor raiſe, nor inhaunce any more greivous, then ſhall be reaſonable according to their deſerts made, and not more, nor leſs, nor for envy, nor for love aſſeſs or affier, but upon every one ſeverally, according to the quantity of their offences made, and not otherwiſe. So help you God, &c.
Oath of the Fealty.
YOu ſhall ſwear, That you ſhall be faithfull and loyall, and loyally and faithfully ſhall carry your ſelfe to the Lord of this Mannour, for the Lands and Tenements which you claim to hold of him, and you ſhall well and duly pay to the Lord of this Mannour, and his Heirs from time to time, all ſuch Rents, Duties, Cuſtomes, and Services, that you ought to pay, and make for the ſame Lands at the times appointed. So help you God, &c.
Oaths of the Aletaſter.
YOu ſhall ſwear, That you ſhall well and truly ſerve our Soveraign the Queen, and the Lord of this Court, in the Office of Aletaſter, or aſſiſe, within this Lordſhip for this year to come, and you ſhall well and duly ſee from time to time, that the ſale of bread (brought to be ſold) be duly weighed, and that it contain ſuch weight according to the prizes of grain, as by the Statute is provided, that is to ſay, according to the prizes of Corn in the next Markets. Alſo you ſhall have diligent regard during the time of your Office, to all the Brewers and Tiplers within your Office, that they and every of them make good and wholeſome Ale and Beer for mans body, and that they do not ſell any before it hath been taſted by you, and then to be ſold according to the prizes limited and rated by the Juſtices of Peace, and all defaults committed and done by the Bakers, Brewers and Tiplers, or by any of them, you ſhall preſent at the Court here, by which puniſhment may be miniſtred unto them for their offences, and in every other thing you ſhall well and truly behave your ſelves in your Office for this year. So help you God, &c.
The Oath of the Conſtable.
YOu ſhall ſwear, That you will well and truly ſerve the Queen, and the Lord of this Lawday, and you ſhall indeavour that the Peace of our Soveraign the Queen, well and truly according to your power, be kepr, and you ſhall arreſt all which you ſee making Riots, Debates, or Frayes, or breaking the Peace, and you ſhall well and truly indeavour your ſelves according to your knowledge, that the Statute of Winton for Watch, Hue and Cry, and the Statutes made for the puniſhment of ſturdy Beggers, Vagabonds, Rogues, and other idle perſons coming within your Office, that the Offenders be puniſhed; and you ſhall indeavour your ſelves upon complaint to you, to apprehend Barretors, and riotous perſons making Frayes, and alſo apprehend Felons, and if any of them make reſiſtance, with force and multitude of Offenders, you ſhall make out-cry, and purſue them till they are taken, and you ſhall look to ſuch perſons as uſe unlawfull Games, and you ſhall have regard to the maintenance of Artillery, and you ſhall well and duly execute all Proceſſe and Warrants ſent unto you from the Juſtices of the Peace of the County, and you ſhall make good and faithfull preſentment of all bloodſheds, out-cries, affrayes, and reſcues made within your Office; and you ſhall well and duly, according to your power and knowledge, do that which belongs to your Office of a Conſtable to do, for this year to come. So help you God.