Jurisdictions, Part 49 – Part 52
Authority of the Steward.
Then let us ſee the Authority of the Steward, and alſo of the Court Leet.
THe Steward may make his Precept by word to the Bailiff to diſtrain, and it is good, 16 H. 7 fol. 14.
If a man refuſe to be ſworn of the Jury, he ſhall be fined, and the Steward of the Lord may commit him to Priſon, till he hath paid his Fine, or amerce, or diſtrain him for that, 31 H. 6. Leet 11, Quere of committing a Tenant to Priſon, for in Magna Charta chap. 29, is, no man ſhall be taken, &c.
The Steward may cauſe a ſtranger which cometh within the precinct of the Leet, to be ſworn to inquire in the Leet where he hath not ſufficient reſidence, and the Lord may ſell the Diſtreſs taken in that, for that it is the Kings Court, 3 H. 7. fol. 4. 11 H. 7.14. the ſame, and 21 H. 7. fol. 40.
The Steward is Judge in the Court Leet, and in Court Baron the Suitors, unleſs all the Suitors be Copy-holders: and then I intend they are no Judges but the Steward, for that they have but a baſe Eſtate, and the Free-hold is in the Lord, 12 H. 7. fol. 17.6 Ed. 4.3.
Note that where a falſe Judgement is ſued, the Suitors are called Judges to certifie, &c. but yet the Steward ought to be skilled in the Law, and of matters in Law, it ſeemeth he ſhall give Judgement, and not Suitors, for Actions and matters in Law, and yet it is (before the Suitors) and though ignorant perſons in Law rule in Court Barons, and Liberties, that ought to be by them skilled in Law; and when there is a Liberty and Court granted to a Mayor, that is held by their Recorder or Steward which is intended to be skilled in the Law, otherwiſe it ſeemeth a cauſe to re-ſeiſe it, ſo that an ignorant perſon cannot meddle in matters touching the Law.
The Steward may ſend a Priſoner taken for Felony to the Gaol, 13 H. 4. fol. 12.
The St. is Judg of Rec. & may aſſeſs a Fine for contempt made in a Leet, and the Lord ſhall have Debt for that, 7 H. 6. fol. 13. 10 H. 6. fol. 7.
Leets are appointed for the Common-wealth, Leet.as for preſervation of the Peace, and for that they are Courts of Record, Fitzh: fol. 82. in the beginning.
It is ſaid, that a Leet is a Court of Record, 21 H. 7. fol. 33.
Tenants in a Leet may make by-laws, 11 H. 7. fol. 14. & 21 H. 7. fol. 40.
The Seneſchall of the Leet may compell the Suitors to ſwear, but otherwiſe it is in a Hundred, 39 Ed. 3. & 44 Ed. 3.15. Leet 6.
Where one hath a Leet, he hath but the Amercements, and the day is to the King, and for that the Steward repreſent the perſon of the King, 41 Ed. 3. fol. 27.
Suite at the Leet is called Suite reall, for that, that that is the Kings Court, 45 Ed. 3. fol. 23.
If the Steward of the Leet command the Bailiff to impannell a Jury to inquire for the King, upon pain of forty pounds, and he refuſe to do it, he may put upon him the pain of forty pounds, and at the ſecond time fifty pounds, or more: and note, that upon all pains the Lord may have an Action of Debt, 7 H. 6. fol. 13.
23 H. 8. Tit. 34. Debt lieth for pain, for not amending an Annoyance, and for Uſage: Diſtreſs.
If the Jury will not preſent the Defaults in a Leet, of which they are informed, the Steward may aſſeſſe a Fine upon them, 10 Ed. 4. fol. 4.
If any Suitor, preſent in Court, refuſe to be of the Jury, or if any make another ſuch Contempt, or any Contempt or diſobedience in Court Leet, the Steward may ſet a Fine upon him without affirming by Affirors: but when one is amerced that ſhall be affirmed by Affirors, 10 H. 6. fol. 7.
When the Steward ſets a Fine upon a Suitor in Court Leet, or other perſon, for his miſ-demeanour, this is called a Fine, and not an Amercement, and is not traverſable, 7 H. 6. fol. 13.
Judge of Record.
For that the Steward is a Judge of Record in Leet, it is expedient to ſee, what a Judge of Record, and one by him may do, and what not.
IT ſeeemth that a Juſtice of Peace ought not to make a Precept to arreſt one for Felony, but if he doe (for that he is a Judge of record) the Bailiff that ſerves that is excuſed, for he cannot argue his authority, no more may the Sheriff argue the authority of the Juſtices, 14 H. 8. fol. 18.
9 Ed. 4. fol. 3. A Juſtice of Peace may arreſt a man for ſuerty of the Peace by his diſcretion, and though he ſuffer him without a ſuerty, the party ſhall not puniſh him for that he is a Judge of Record.
9 H. 6. fol. 60. Action of the caſe doth not lye againſt a Juſtice of Record ſuppoſing he hath made a fall Record, or that he hath cauſed falſe Entry to be made; contrary againſt an Office, as againſt an Eſcheator for returning a falſe Office, or againſt a Sheriff, for they are Officers of Record and not Judges.
12 H. 4. fol. 3. If a Judge of Record award one to Priſon without cauſe, he ſhall have no action againſt him, yet a Judge of Record; as a Juſtice of Peace hath been puniſhed in the Star- Chamber, for miſdemeanour, and ſo may the Steward of a Leet, and ſo ſuch a Judge of Record, for not regarding his Oath, as Maiors, Bailiffs, &c.
21 H. 7. fol. 22. If a Capias iſſue our of a Court of Record to the Sheriff where is no Originall, yet this excuſeth the Sheriff, but if the Servant of the Sheriff arreſt one by proceſſe made out of a Capias, and returne his proceſſe, and the Sheriff do not return his Capias, falſe Impriſonment lies againſt the Servant, Fitzh. 21. B. one cannot aſſigne Errour, that the Jurors gave verdict for the Defendant, and Judges enter that for the Plantiff.
Preſentment in Leet.
Now let us … what preſentment in Leet is traverſable and what not, and it ſeemeth where that toucheth a Free-hold is traverſable, and otherwiſe not.
PReſentment in Leet by 4: and not by 12. That one hath dwelt within the Leet not ſworn, &c. it was Traverſed, but it ſeems if it were by 12. it ſhall not be traverſed, but ſhall have recovery by Writ of falſe preſentment, 5 Ed. 3.26.
A thing preſented in Leet is as Evangeliſt, if it paſſe the day in which it is preſented, but the ſame day you may have an action of falſe preſentment againſt the Jurors, and after without recovery, 21 Ed. 3. Tit. Barr. 271.
Preſentment in Leet which toucheth Free-hold is traverſable, and other preſentments not, 19 H. 8: fol. 11. and 41 Ed. 3 fol. 27. the ſame.
Preſentment in Leet which toucheth a Free-hold may be removed and traverſed, and every Preſentment before Juſtices of Peace is traverſable, 5 H. 7. fol. 3. and 6 H: 7: fol. 2. the ſame.
Preſentment of blood ſpilt is not traverſable, for that doth not touch free-hold, 2 R. 3.12.
If the preſentment be not in a Leet, of things there preſentable, afterwards they ſhall be preſented, as it followeth.
IF Preſentment be not in Leet of things preſentable there, then they ſhall be inquired and preſented in Turne, and if not there, then in the Kings Bench, 41 Ed. 3. fol. 27.
If things Preſentable are not preſented in Leet, they ſhall be preſented in Turne, and if not there, before the Juſtices in Eyre, and if not there, in the Kings Bench, 10 H. 4. fol. 4.
Then let us ſee, what remedy the Lord ſhall have for Amerciaments in Leet, and what recovery for a Fine, and what upon paine or by-Law, and it ſeems that for Amerciaments he may diſtraine and for Fine Aſſeſſe, and by-Law broken ſhall have a Debt or Diſtreſſe.
Amerciaments.
FOR a Fine reall he cannot diſtraine, but Amerce, and by preſcription diſtraine, and this is now in uſe in every Mannor, and for Suite-Service diſtraine without doubt, 12 H. 7.15.
One may preſcribe to diſtraine for Amerciament in Law-day for it is incident, 9 H. 7.22.
He may in Leet Amerce and diſtraine for that, 8 H. 4. Tit. 15.
A man may in Leet Amerce for annoyance, and diſtrain for it, 19 Ed. 3. fol. 36.
One was Amerced in Leet for ſtopping in the High way, and his Horſe in anothers keeping was deſtrained for it, 47. Ed. 3.12.
The Lord may ſell the Diſtreſſe taken for an Amerciament in Leet, as the King may ſell the Diſtreſſe, for that it is the Kings Court, 3 H. 7. fol. 4.
If Amerciament in Leet be agreed, the Lord may diſtraine without notice by Finch, and by Wich it is good Plea, that the Tenant would have paid if he had had notice, 45 Ed. 3. fol. 9.
The Lord cannot diſtraine for Amerciament in Leet, in a place ſeiſed into the Kings hands, for debt to the King, for this is priviledged during the time, 47 Ed. 3. fol. 12.
Of common right the Lord may diſtraine for Amerciament in Leet, and for that need not to preſcribe, 10 H. 7. fol. 15.
The Lord may diſtraine for Amerciament for annoyance in the high way, or for making Hedges croſs the ſtreet, and avow for that, 4 Ed. 3.10. Avowrie 161.
The Lord may not diſtraine the Horſe of another in the Inne of him Amerced, nor the garment of another in a Taylors ſhop, where the Taylor is Amerced, 10 H. 7. fol. 21.
If one refuſe to be ſworn, or make any other contempt in Court, the Steward may aſſeſs a Fine upon him, and the Lord may diſtraine for that, 13 H. 6. Leet 11.
For a Fine aſseſsed by the Steward for a contempt in the Court, the Lord may have debt, 10 H. 6. fol. 7. and 7. H. 6. fol. 13.
If a paine of ten pound preſented in the Leet to be broken, the paine ſhall not be otherwiſe acertained, and the Lord for that ſhall have an action of Debt, but he cannot diſtraine and make avowrie but by preſcription; but it is now uſed in every Mannor to diſtraine, as I think, 32 H. 8. Tit. 37.
The Lord may have Debt for Amerciament aſseſt in Court-Baron, 12 R. 2. Statham fol. 62.
It ſeems the Lord ſhall have Debt for releife, and cleerly the Executors ſhall have Debt for releife, 32 H. 8.20.19. H. 6. Tit. 11.
Moderata miſerecordia, doth not lye where a Fine is alſeſsed by the Steward for contempt in Court, nor where Amerciament is aſſeſsed, but where Amerciament is not confirmed that lieth if it be too high, Fitzher. fol. 72. C.
If one be amerced in the Sheriffs Turne, the Sheriff may diſtraine throughout all the County, and if it be in a Leet, thoughout all the precinct of the Leet, 8 R. 2. Avowrie 194.
The Lord may diſtraine in the high ſtreet for Amerciaments in a Leet, 34 Ed. 2 and 19 Ed. 2. Avowrie 221.
Debt lieth for the Lord for a Fine aſſeſt in Leet by the Steward, for not returning the Pannall, or for other contempt, and it is good without confirming, 7 H. 6. fol. 13. tit. 233.
For Amerciament in Leet, it ſeems one may take goods of another in the keeping of him which is amerced, yet ſee how Iſſue was taken, that it was not the Horſe of Prior Tindall which was Amerced which was taken, 47 Ed. 3. fol. 12.
For not ch…anſing of a Ditch by the Predeceſſor of a Parſon, Succeſſor ſhall not be puniſhed for that Offence, the ſame Law of Father and Son, 5. H. 7. fol. 3.