Jurisdictions, Part 31
Then let us ſee what things are argued and allowed in our Bookes to be inquirable in Leet, and what not.
FIrſt, Things at the common Law are inquirable, and not defended by Statute, unleſs that the Statute maketh mention by expreſſe words, what are inquirable, 1. R. 3. fol. 1.3. H. 7. fol. 1.6. H. 7. fol. 4. and 11. H. 7. fol. 22. the ſame.
Petty Treaſon is inquirable, but as Felony at the common Law, 6. H. 7. fol. 4. It is ſaid, that Treaſon, Petty Treaſon.as forging of Money is inquirable, 9. H. 6. fol. 44. Clipping of Gold and Silver are inquirable, 22. Ed. 4. fol. 22.
Petty Treaſon and ancient Felonies, that is to ſay, Felonies, at the Common Law but not the death of a man.Fellonies.
And Rape as Felony, is not inquirable but as Treſpaſs, 7. H. 6. fol. 13.6. H. 7. fol. 4.
Preſentment in Leet of Felonies, Rape.at the common Law is good, but preſentment there of Felonies by the Statute is not good, 22. Ed. 4. fol. 22.Felonies.
You cannot inquire there of the Death of a man, 41. booke of Aſſiſes 30, and the Lord which inquires of that ſhall be fined forty ſhillings.Death.
You may inquire there of all Felonies at the Common Law, but not of the death of a man, 22. Ed. 4. fol. 22.
You may inquire there of all Felonies at the Common Law, and not of Felonies by Statute, unleſſe it be by expreſs words given, 6. H. 7. fol. 4.11. H. 7. fol. 22.
The Steward may certifie preſentment of Felony taken in Leet before him, at the next Seſſions, 27. H. 7. fol. 2.8. H. 4. fol. 18.
Of Felonies and Fraies, Treſpaſſe.are inquirable, 10 H. 6. fol. 7.
Adjudge, that aſſault upon a perſon only is not inquirable there, but of Bloodſhed it is, 8. Ed. 4. fol. 5. and 4. H. 6. fol. 9. Common Nuſance to a number of men is inquirable, but not an aſſault made to one, but Frayes.
If a Stranger make a Fray within the Leet, and be not taken, the Deciners ſhall be amerced and it is inquirable there, 50. Ed. 3. fol. 5.
Bloodſheds are inquirable, 1. R. 3. fol. 1.22 Ed. 4. fol. 22. the ſame.
Preſentment that one hath received one by the yeare into his ſervice, Age of 12 yeares not ſworne.not ſworn to the Queen, is good, and he ſhall be amerced 41 Ed. 3. fol. 26.
Purpreſtures are inquirable, Purpreſture & Nuſance. Laborers.but the Steward hath no power to inquire of Liveries, nor of things defended by Statutes, 1 R. 3. fol. 1.3 H. 7. fol. 1.
You cannot there inquire of the Statute of Laborers, 6. H. 7. fol. 4.
Stopping the Highway is there inquirable, The way.27. H. 8. fol. 32. For that it is a common annoyance to all the Subjects of the Queen.
All common Annoyances and Purpreſtures made within the Leet are there inquirable, Nuſance.8. H. 7. fol. 4.
Purpreſtures in high waies are inquirable there, The way.and one was preſented and amerced in a Leet for not clenſing his ditch adjoyning to the high way, 47. Ed. 3. fol. 12.
Inquiries are there of Bridges and Cauſies, Bridges, waters.and of common waies ſpoiled, of Gorſs put into waters, of Commons, of waters ſtopped, or forced or turned, of Walls or Ditches made to the hindrance of Paſſengers in the common waies, by Britton. fol. 31.
Common nuſance, Nuſance.as Ditches and Hedges, made to the diſturbance of the common People, ſhall be there inquired, 9. H. 6. fol. 44.10 H. 6. fol. 7.
Turne and Leet are all as one, Turne of the Sheriff.and they may inquire of common Annoyances, as of Bloodshed, and of night-walkers, but not of a Cloſe broken, for that is particuler, but they may inquire of a Ditch not ſcowred, or of a Bridge broken, 22. Ed. 4. fol. 22.
Preſentment in Leet that J.S. hath encloſed ſuch Land, Nuſance.which ought to lye in common for the Inhabitants of the Town, is a void Preſentment, for it is wrong, but no common Annoyance, 27. Aſſiſe 9. and 27. Ed. 3. Fitzh. nuſance 6. Br: 30.
Leet hath power to amerce a man for an annoyance, and alſo to award that the Offenders shall be deſtreined to amend that.
Of Bread and Beere shall be there inquirable, Bread and Beere. Falſe meaſures. Mortmainand not in the turne of the Sheriff, but ſeek, 18 H. 6. fol. 13.
Falſe Weights and Meaſures are there inquirable by Britton, fol. 32.71.
Of a Tenement aliened in Mortmain, are inquirable there, by Britton, fol. 32.
Preſentment in Leet that he is a Tanner, Tanner.and Shoomaker, is not good, 3. H. 7. f. 1. For it is no offence at the common Law, but given by a Statute, but ſee 50 Eliz. ch. 8.
Of foreſtallers and taking of Victualls to the uſe of the King more then need by Britton, fol. 33. are inquirable.Takers of the King. Nightwalkers. Weifes.
It is allowed that night-walkers are there inquirable, 4. H. 7. fol. 1.
Weife cannot be preſented in the hundred, but in the Leet, 44. Ed. 3. fol. 19.
It may inquire of corrupt Victuall, 27. H. 8. fol. 2. Title Leet, 16.9. H. 6. fol. 53.