Jurisdictions, Part 5
The Precept.
J. K. Steward to the Bayliffe thereof, health; Prebenda de Iſlington.I command likewiſe and appoint, that diligently you give to underſtand the view of Frankpledge, of the Court there to be held, againſt the Thurſday, that is to ſay, the ſixteenth day of October next comming after the date of theſe preſents, and have there this command: And as, &c. Dated under my Scale, the firſt day of this monethmonth of October, the yeare of the Reigne of Queen Elizabeth, by the grace of God, of England, France, and Ireland, Defender of the Faith, &c. 21.
Then enter your beginning of your Court-Rollin manner following.
The view of Frankpledge with the Court, J. F. Prebenda de Iſlington. Order de tenor Leet.Clerk there held the Thurſday, Viz. The ſixteenth of October, the yeare of the Reigne of our Lady Elizabeth, Queene, by the grace of God, of England, France, and Ireland, Defender of the Faith, &c. the 21. held by J. K. the Steward there.
It is good to make this entry, that is to ſay, Held by J. K. Steward there: If there be any Copiholders there, for that the Name of the Steward is in the Copy to the admittance; then after this entry the Steward ſhall cauſe the Bayliffe to make Oyes, three times, if it be a Leet, for this is the Kings Court, though the other hath that by Grant, or by Preſcription.
In the yeare 21. Edw. 4. fol. 37. is, that where either adjournment of the Terme, or other matter for the King, B. Proclamation 6.is: There at the beginning there ſhall be three Proclamations made, and in all other matters which are not for the King, but one Proclamation; and for that at the beginning in the Court-Baron ſhall be but one Proclamation; and in Court Leet (for that it is the Kings Court) ſhall be three Proclamations, Scilicet, O yes three times ſhall be made.
Note that none may make Proclamation, but by authority of the King, or Maiors, and ſuch like, where they have uſed it by Cuſtome, 22. H. 6. fol. 19.
Then forthwith after the three Proclamations made, the Steward ſhall make the Bailiffe to ſay, All manner of Perſons which are reſident, or Deciners, and doe owe Suit royall to this Leet, come in and make your Suit, and anſwer to your names, every one upon paine and perill which ſhall enſue.
And after that all are called, and all which are abſent are marked to be amerced, then the Steward ſhall cauſe againe (if it be in a Leete) to be made three other Oyes.
And forthwith after the three Proclamations made, the Steward ſhall cauſe the Bailiffe to ſay,
If any man will be Eſſoyned, and in Court Baron, If any will be Eſſoyned, or enter any Plaint, come you in and you ſhall be heard.
And then the Steward ought to ſay, Eſſoynes and profer, of Suit and Plea three times, and in the end Eſſoyne for this day; and then the Steward enter the Eſſoyne in the Court Roll, as it followeth in the entry of the Court Roll.
Then after this the Jury ſhall be impannelled, and firſt, one ſhall be ſworne, and after three or foure together, and the Oath ſhall be as followeth.
You ſhall enquire and faithfully make preſentment of all things which I ſhall give you in charge, The Oath of the Jury.your Companions counſell, the King, and your owne, you ſhall keep, and you ought to preſent the truth, and nothing but the truth, So helpe you God.
But in the Court Baron there ſhall be omitted in the Oath (to keep the Kings counſell) for that is no Court of the Kings, as a Leet is.
Note in the 27. In Feloni tantum.of the Book of Aſſiſes, p. 65. a Juror was arraigned in the Kings Bench as a Felon, for that he was one of the Indictors of certaine perſons of felony, and diſcovered the counſell of his▪ Companions, and in Leet it is counſell of the King: Yet (Seck) if he were attaint, what Judgement ſhall be given.
And when the Foreman of the Jury for Court Leet, or Court Baron is ſworne, three or foure ſhall come to the Booke together, and ſhall be ſworne together, as afore is ſaid.
To which the Steward ſhall ſay, The ſame Oath which J. S. your Foreman hath taken of his part, you for your parts well and truely ſhall obſerve and keepe, So helpe you God; and ſo the reſt ſhall be ſworne by three or foure together, as in a Leet, at leaſt there ſhall be twelve ſworne.
For 6. H. 4. fol. 2. is, Jurors Leet.that a Preſentment in Leet ſhall be by twelve, and not by fewer; otherwiſe every Preſentment there is traverſable: And 3. H. 7.4. If any ſtranger be there, if there be not ſufficient reſidents there to be impannelled, the Steward may impannell a ſtranger there, for that it is to enquire for the King, and for redreſſing matters which are annoyances to the Common-wealth; and if more be ſworne then twelve (as they may be for the King) yet if twelve of them agree, and the reſidue not, it is a good Verdict, and it uſed very often to be fifteene, ſixteene, or ſeventeene of the Jury in the Leet; but a Jury to try an Iſſue betweene parties by twelve onelyonly, as it appeareth by 21. Edw. 3. fol. 31. and 29. Edw. 3. fol. 43. And that a Verdict of eleven ſhall not be taken, 41. of the Book of Aſſiſes, p. 11. Jury, or Court Baron.yet in a Court-Baron there may be impannelled and ſworne there leſſe then twelve to inquire of Articles for the Lord.
The cauſe that the Jury ſhall be ſworne, is, That the end of all controverſie to confirmation is an Oath, and this is the cauſe that the Juries are ſworne, and not otherwiſe credited: And ſee Forteſcue, fol. 54. The tryall in this Realme by tryall by twelve, is a good tryall and neceſſary, as at large by him appeareth.