Jurisdictions, Part 67
The Charge in Court Baron.
FIrſt, you ought to inquire of all perſons which owe Suit to this Court, and who make default, and preſent their names; and you ought to note, that all ſuch perſons which hold any Land of the Lord by Suit of Court, in what place they dwell, and of what age he is, that ſhould make Suit to the Court, or otherwiſe he ought to be amerced, and Amerciament is by cuſtome, for by the Common-Law they ſhall be diſtrained, and that is called Suit-ſervice, and that is by reaſon of the Tenure, and if any ſuch perſon which oweth Suit to the Lord be in Ward to the King, nevertheleſſe he may be amerced, for not making Suit to the Court of the Lord; but the Lord cannot deſtraine for this Amerciament during his Wardſhip, yet after Livery, the Lord may deſtraine for the whole Amerciament.
And if there be two Coparceners, Coparceners. Joynt-Tenants.for which one Suit ought to be made, the eldeſt ſiſter ought to make the Suit onelyonly, and the other ſhall be contributary, Fitzh. 159. B.
And ſo it is of Joyn-Tenants, the Suit may be made by agreement by one, and the other ſhall be contributary, by Marleb. chap. 9. but if one holds twenty acres by Suit of Court, and alien that to twenty ſeverall perſons, by the Statute of Quia emptores terrarum, every one ſhall make Suit ſeverally.
2. Raſtal. Suit. 1.Alſo if any Tenant be dead after the laſt Court, or before, and his death not preſented, you ought to inquire what Lands he holds of this Mannour, and if they were held by Knights ſervice, Ward Releif.Soccage, or by Copy, and what advantage the Lord ſhall have by his death, Scilicet Wardſhip, Marriage, Releif, Eſcheate, or other Profits, and who is his next Heire, and of what age, and in whoſe cuſtody he is.
3. Alſo if any Tenant which holds by Knights Service alien his Land by colluſion to defeat the Lord of his Ward, and other Profits, it is inquirable.
4. Alſo if any Tenant which holds by Knights ſervice be diſſeiſed, and dieth diſſeiſed, his Heire within age, the Lord ſhall have him in Ward; and if any Tenant which holdeth by Knight-Service die, his Heire male within age of 21. years, the Lord ſhall have the Land in Ward, till the age of 21 years, and alſo his Marriage, unleſſe he be married, Littleton, fol. 19.
5. If the Father which holds in Knights Service marry his daughter within age, to a husband of full age, and dies, the Lord ſhall not have the Wardſhip of the Land, and if ſhe were of full age, the Lord ſhall not have the Wardſhip of the Land; but if ſhe were within age, and marry to a husband within age, the Lord ſhall have the Land in Ward till the age of 14. years, Natura brevium, fol. 98.
But if ſuch Tenant die, his heire female being of the age of 14. years or more, and not married, ſhe ſhall not be in Ward, nor her Land, but if ſhe were within age of 14. years and not married, ſhe ſhall be in Ward of Body and Land till the age of 16. years, and if ſhe were married in the life of her father, within the age of 14. years, her land ſhall be in Ward till the age of 14. years, and no more, Littleton, fol. 19.
6. And you ought to note, that there is Knights Service of a common perſon, that is, where one holds of his Lord by Homage, Fealty, and Eſcuage, that is to ſay, when it is aſſeſſed to more, more, and when to leſſe, leſſe, Littleton, fol. 19. and where one holdeth by keeping a Caſtle, or by blowing a Horn, that is Knights ſervice.
7. And Soccage Tenure is where one holds by Homage and Fealty, or by Fealty and Rent, or by Homage, Fealty, Rent, and by Suit of Court for all manner of Services, or in Burgage; and if ſuch Tenant die, his iſſue within age of 14. years, then the next freind of the heire to whom the inheritance cannot deſcend, ſhall have the Ward of the Land, and of the Heir till 14. years, and then give an account to the Heir of the profits taken; but this Gardian ſhall have his reaſonable allowance for his coſts and expences, Littleton, fol. 22. See Natura Brevium, fol. 97.
8. Releife by Soccage is as much as the cheif Rent is by the yeare, which he payes to his Lord, and this is due forthwith after the death of his Tenant in Soccage, ſo that the Heire be paſt his age of 14. yeares, Littleton, fol. 24.
9. And if Land be held by Knight Service, and his Tenant dies, his Heire of full age, the Releif is due to the Lord, and if he hold by an intire Fee of a Knight, the Releife is one hundred ſhillings, and if he hold by the halfe of a Fee, fifty ſhillings, and ſo according to the rate, Littleton, fol. 21. and all theſe profits are inquirable.
10. Alſo if any Rent, Cuſtome, Rent not paid.or Service be withdrawne, which ought of right to be made, by whom it is with-drawne, and what Cuſtome and Service it is, and in what Bailiffs time it was with-drawne, and where the land is, that the Lord may diſtrain for the Arrearages, and what Rent that is, and how many years it hath been with-drawn.
11. Lands concealedAlſo if any Land of the Lord be withdrawne, or uſed by any without licenſe of the Lord, by whom it is, and how much Land hath been ſo uſed, and of what value by the yeare that is, is inquirable.
12. Alſo if any Villaine of the Lord be, and what Goods, Villaine.Chattels, and Lands he hath, what eſtate he hath in them, that the Lord may ſeiſe them, and what other things he hath: And if any Villaine withdraw his Goods out of the Lordſhip without licenſe of the Lord, or if a free man marry a Villain woman, without the licenſe of the Lord, it is inquirable.
Note, If a Villaine purchaſe Lands, and doe not alien them before the Lord enter into them, the Lord ſhall have them: Otherwiſe it is if the Villaine alien them before the entry of the Lord; the ſame Law is of Goods, Litt. fol. 33. …but the Lord cannot ſeiſe the Goods which a Villain hath as Executor, Litt. fol. 35.
If a Villain be made a Chaplaine Secular, the Lord may ſeiſe him as his Villaine, and his Goods; but otherwiſe it is if he enters in Religion: Or if a Free man eſpouſe a Villaine Woman without the licenſe of the Lord, or by that, this is inquirable.
If a Villain dwell in ancient Demeſne of the King, which is in the Kings hands, and hath dwelt there by a yeare and a day, the Lord cannot ſeiſe him, nor ſhall have a Writ of Nativo habendo, ſo long as he dwelleth there: But if the Lord claime him within the yeare, that hee cometh into ancient Demeſne, and ſo makes his claime within every yeare and … day, then the Villain ſhall not take advantage by his being there, and if the Villaine dwell in another Mannor of ancient Demeſne, which is in poſſeſſion of another then the King, the Lord may ſeiſe him, Fitzh. fol. 79. a. and from thence-going that, the Lord may make his claime, if he goe in ancient Demeſne, is inquirable.
Alſo if any of the Tenants of the Lord be dead without Heire generall or ſpeciall, Eſcheat.then the Lord ſhall have his Lands by Eſcheat, or if any Tenant, ſeiſed in Fee, be attaint of Felony, by Outlawry, Verdict, or otherwiſe, the King ſhall have (yeare day and waſte) and after the Lord by Eſcheat, and is inquirable. Or if a Baſtard purchaſe Land, and dye without iſſue of his body, the Lord ſhall have his Land by Eſcheat: And note, That none ſhall have Lands of Fee-ſimple as heire to any man, unleſſe he be heire of the whole blood, Littleton, fol. 2. And if the Tenant be diſſeiſed, and dyes without heire, the Lord ſhall have the Eſcheat.
14. Common.Alſo if any which hath no Common without number, charge the Common with more Beaſts then he ought to doc, according to the quantity of his Land, or if he which hath Common appendant, not Common appurtenant, put into the Common, Beaſts which are not commonable, as Hogs, Goats, and Geeſe, or if any digg in the Common, unleſſe it be for Gravell for the high waies, and fill it againe, or maketh other treſpaſſe in the Common, or uſe the Common in any other manner, without the licenſe of the Lord, but to take his Common with the mouth of his Beaſts, or if any digg Turffs, or make other treſpaſſe upon the waſte, or build any houſe, or make incloſure of any part of it, it is inquirable.
15. Alſo if any Tenant within this Mannour, Rechaſingwhich hath two Farmes, one of them within this Mannour, the other within another Mannor, and at the time when the Feilds and Meadows within this Mannour are layd open, he brings his Beaſts within this Mannor, which he hath kept upon the Farme of another Mannor, and by this ſurchargeth the Tenants within this Mannor, this chaſing and rechaſing is inquirable.
16. Mortmaine.Alſo if any Tenant of this Mannor hath aliened any of his Lands in Mortmaine, that is, to a Religious houſe or to a Biſhop, Parſon, Vicar, and to their Succeſſors, or to any other Corporation, where that ſhall go in ſucceſſion; that is to ſay, To them and their Succeſſors, without the licenſe of the King, and the Lord of the Mannor, it is inquirable. That the Lord may make his claime within a yeare according to the Statute: Note, That by the Statute of Religioſis, the Lord may enter within one yeare after the alienation; and if the cheife Lord immediate, be negligent, and doe not enter upon this Fee within a yeare, then it is lawfull to the next Lord of that Fee, within the halfe yeare following to enter, and at the laſt the King: And if any make a Feoffment to one to the uſe of a Houſe of Religion, or to the uſe of a Company, or Brother-hood, this is Mortmaine: The ſame Law is where one exchanges with a Corporation, that is Mortmaine; alſo if any religious perſon hold of any man by Rent-ſervice, and the Lord releaſes to him, this is Mortmaine.
17. Who is Tenant.Alſo if any Tenant by Charter alien his Land, and hath not given notice of that to the Lord, and the Alienee hath not made fealty to the Lord, nor Suit of Court, that the Lord may have knowledge, who is his Tenant, it is preſentable, for that he may know upon whom to make his avowry, and of whom to have his Services and Eſcheats.
18. Waſte.Alſo if any Termor for years, or for life, of any parcell of the Demeſnes of the Mannor, hath made waſte in any Houſe, Lands, Woods, or Gardens, you ſhall preſent that, or if any holds two Tenements and hath waſted one, as if he remove Trees from one to the other, that is waſte.
19. Treſpaſſe.Alſo if any Treſpaſſe be made in any Demeſnes of the Lord, that is to ſay, In the Corn, Graſſe, Meadowes, Paſtures, Wood, Hedges, Waters, or if any Fiſh within his Rivers or Waters, or if any Hauk or Hunt within the Demeſnes of the Lord, without his licenſe, or within his Warren, theſe are preſentable.
20. Treſpaſſe.Alſo if any take any Hony or ſwarms of Bees within the Demeſnes of the Lord, or take any Haukes or Aeiry of Haukes, theſe are inquirable.
21. Alſo if any Bailiff, or Officer make any arreſt for Rent, Reſcous.Cuſtome or Service due to the Lord, and Reſcous to him is made, you ought to preſent the name of him which made the Reſcous, and where and when it was.
22. Pound breach.Alſo if any diſtreſſe be put in the pound of the Lord, and be taken out without authority of Law, this is a Pound-breach, and is inquirable.
23. Removeing meerſtones.Alſo if any remove or take away any meerſtones or ſtakes between this Lordſhip and another, or between Tenant and Tenant, you ought to preſent that.
24. Encroch.Alſo if any hath incroached any of the Lands of the Lord, ſcilicet, Land, Meadow, Paſture, Wood, Furſe, Moore, or any other vacant Land without the Lords licenſe, by burning his Hedges, Pale, or otherwiſe, that is inquirable.
Note, that all the void Land and Waſte within the Mannor is to the Lord of the Mannor.
25. Alſo if any within this Mannor, Husbandry.ſuffer any Houſe of Husbandry with which was occupied twenty Acres of Land, to decay, and to take from it any Land, the Lord of whom this is held, Raſt. Husb. 1. and 6.ſhal have the halfe of the profits of this to his owne proper uſe, till that be maintained again for Husbandry, 4 H. 7. chap. 19. and 5 Eliz. chap. 2. and that for the benefit of the Lord is inquirable.
26. Alſo if any Tenant, hath incloſed any Land, Common.and keeps that in ſeveralty, (which was wont to lye open) without the licenſe of the Lord and other Free-holders, that is alſo inquirable, for that no Tenant of the Lordſhip ſhall looſe his Common in that.
27. Alſo if any keep and withdraw any Evidences, Evidence of the Lord.Court Rolles, Rentalls, or Evidences pertaining to the Lord of the Mannor, is inquirable.
28. Alſo if any thing pained before to be done, Puniſhment.and is not yet done, in whoſe default that is, and you ought to preſent his name.
29. Alſo if any Coppy-holder, Coppy-holder.lets his Coppy-hold Land for longer time then for a yeare and a day, without ſurrender, unleſſe it be by the cuſtome, that he may let for longer time, and if he do, it is a forfeiture, and inquirable.
30. Alſo if any Coppy-holder, make a change of the poſſesſion of his Coppy-hold, for Charter Land, or otherwiſe, that the Lord may have any diſadvantage, in mending of one and impairing of another, that is inquirable.
31. Alſo if any Coppy-holder alien any of his Coppy-hold by Deed, and make livery of Seiſin acording to the Deed it is a forfeiture, and inquirable, Lit. fol. 14.
31. Alſo if any Coppy-holder cut any Tree which is a Hedg-row without licenſe of the Lord, is a forfeiture, if not by the cuſtome of the Mannor uſed time out of mind, &c. This Coppy-holder hath uſed to cut his Trees and Wood at his pleaſure, it is inquirable.
33. Alſo if any Coppy-holder, which hath not his Wood by cuſtome of the Mannor to himſelf, but his Lord hath that there, if he lop or top any Trees of his Coppy-hold in unſeaſonable time, by which that ſtarveth, that is a forfeiture, and is inquirable.
Note that Tenant at will by the Common Law, may take Houſe-boote, Hedg-boote, and Plough-boote, and cut that in ſeaſonable time, and ſo may Tenant by Copy of Court Role do of a Coppy-hold.
34. Alſo if any Coppy-holder ſuffer his Houſe which is Coppy-hold to decay and fall down, or do not repaire that, but ſuffer that to be uncovered, by which there is waſt, that is a forfeiture and inquirable; if it be not by the cuſtome of the Mannor, that they may ſuffer their Houſes to decay and fall down, and yet no forfeiture by the cuſtome, and alſo in ſome Mannors the Tenants may ſuffer waſte in their Houſes, and alſo cut their Trees at their pleaſures, and ſhall not be puniſhed, for it is lawfull by the cuſtome of diverſe Mannors.
35. Alſo if any Coppy-holder dye ſeiſed of any Coppy-hold, who is his next Heir, and of what age he is, or if any Coppy-holder by the cuſtome of the Mannor hath ſurrendred any Coppy-hold into the hands of the Bailiſt, or any Tenants, after the laſt Court to the uſe of another, for of every ſuch ſurrender the Lord ought to have a Fine, and the parties in whoſe hands the ſurrender was made, ought to come to the next Court, and preſent the ſame ſurrender ſo taken, and give it into the hands of the Lord to the uſe of the Alienee, or otherwiſe he ought to forfeit his Coppyhold, if he have not a reaſonable excuſe, inſomuch that he doth not bring in the ſurrender by him taken, but doth what lieth in him to make the Lord looſe his Fine, and alſo to diſ-inherit the other party, to whoſe uſe the ſurrender was made.
36. Alſo if any Tenant which holds by Harriot ſervice, or Harriot cuſtome, dye ſeiſed of any Land or Tenement ſo held, and that a Harriot is due to the Lord, and alſo if any ſuch Tenant hath aliened any parcell of his Land ſo held, the Lord ſhall have for every of their ſeverall parts, diverſe Harriots at their ſeverall deaths, as if a man hath two parcells of Land held by Harriot ſervice, and by ſeverall Titles, and dye ſeiſed of the ſame, the Lord ſhall have two Harriots; and alſo you ſhall preſent if any Harriot be carried out of this Lordſhip, by whom it is, and where they are.
37. Suit to the Mill.Alſo you ſhall inquire if any Tenant of this Mannour, which ought by reaſon of his Tenure to make Suit to the Lords Mill, do make his Suit there, or not.
38. Alſo you ſhall inquire, if any one have fiſhed, ſouled; hawked or hunted within this Mannor, or within the Demeſnes of the Lordſhip, without licenſe of the Lord, and preſent their names.
39 Alſo if any hath taken Pheaſants, or Partridges in their neſts, or the egges of them within the Demeſnes of the Mannour, or the egges of the Swans of the Lord, and preſent their names.
40. Alſo you ſhall inquire if all the defaults and plaints which were preſented at the laſt Court, were ſufficiently amended, or not, and if all the Lawes and Orders before by you made, be obſerved and kept, or not; and further you ſhall inquire of all other things, which in your conſciences you beleive to be convenient to be inquired of, and you ſhall bring in your Verdict in writing ſuch an hour: And now you may depart, and inquire of your Charge, having regard to that which you have ſworn, and note that you keep well your Oath.