PART IV. CLASS XVI. Inferior Courts. [ No. I. ] 9 Henry III. (Magna Charta) c. 35.-At what Time shall be kept a County Court, Sheriff's Turn, and a Leet. Ο No county court from henceforth shall be holden, but from month to month; and where greater time hath been used, there shall be greater: Nor any sheriff, or his bailiff, shall keep his turn in the 'hundred but twice in the year; and no where but in due place, and accustomed; that is to say, once after Easter, and again after the 'feast of saint Michael. And the view of frank pledge shall be likewise at ⚫the feast of saint Michael without occasion; so that every man may have his liberties which he had, or used to have, in the time of King 'Henry our grandfather, or which he hath purchased since: but the 'view of frankpledge shall be so done, that our peace may be kept; and that the tything be wholly kept as it hath been accustomed; and ⚫ that the sheriff seek no occasions, and that he be content with so much ⚫ as the sheriff was wont to have for his view-making in the time of King Henry our grandfather." [No. II. ] 20 Henry III. (Merton) c. 10.—Attornies al- :IT [No. III. ] 6 Edward I. (Gloucester) c. 8.-No Suit for * Sce Appendix, No. 3. [ No. IV. ] 13 Edward I. stat. 1. (Westminster second) c. 36.-A Distress taken upon a Suit commenced by others. 46 FOR 13 Edward I. st. 1. c. 36. The penalty for procure ORASMUCH as lords of courts, and other that keep courts, and stewards, intending to grieve their inferiors, where they have no "lawful mean so to do, procure other to move matters against them, and put in surety and other pledges, or to purchase writs, and at the suit of such plaintiffs compel them to follow the county, hundred, ment of suits. wapentake, and other like courts, until they have made fine with "them at their will;" it is ordained that it shall not be so used here 66 ' after. And if any be attached upon such false complaints, he shall No. IV. 13 Edward I. st. 1. c. 36. 13 Edward I. st. 1. c. 37. 18 Edward II. Not in orig. ' replevy his distress so taken, and shall cause the matter to be brought 'afore the justices, before whom if the sheriff, bailiff, or other lord (after that the party distrained hath framed his plaint) will advow the 'distress lawful by reason of such complaints made unto them, and it be replied that such plaints were moved maliciously against the party 'by the solicitation or procurement of the sheriff, or other bailiffs, or lords, the same replication shall be admitted; and if they be convict hereupon, they shall make fine to the King, and nevertheless restore 'treble damages to the parties grieved.' ་ [No. V.] 13 Edward I. stat. 1. (Westminster second) c. 37.-No Distress shall be taken but by Bailiffs known and sworn. 66 66 FORASMUCH also as bailiffs, to whose office it belongeth to take distresses, intending to grieve their inferiors, that they may exact money of them, do send strangers to take distresses, to the intent "that they might grieve their inferiors, by reason that the parties so "distrained, not knowing such persons, will not suffer the distresses to "be taken;" it is provided, That no distress shall be taken but by bailiffs sworn and known. And if they which do distrain do otherwise, and thereof be convict (if the parties grieved will purchase a writ of trespass) they shall restore damages to the parties grieved, and be'sides, shall be grievously punished towards the King.' · [No. VI. ] 18 Edward II.-The Statute for View of Frankpledge. FIRST, you shall say unto us by the oath that you have made, If all the jurors that owe suit to this court be come, and which not. 2. And if all the chief pledges be come, as they ought to come, and 'which not. 3. And if all the dozeins be in the assize of our Lord the King, and which not, and who received them. 4. And if there be any of the King's villains fugitive dwelling other'were than in the King's demeans, and of such as be within the King's demeans, and have not abiden a year and a day. * 5. And if there be any of the lords villains in frankpledge otherwise 'than in this court. 6. Of customs and services due to this court withdrawn, how, and by ⚫ whom, and in what bailiffs' times. · 7. Of purprestures made in lands, and waters to annoyance. 8. Of walls, houses, dikes, and hedges set up or beaten down to an noyance. 9. Of bounds withdrawn and taken away. 10. Of ways and paths opened or stopped. 11. Of waters turned or stopped, or brought from their right course. 12. Of breakers of houses, and of their receivers. 14. Of petty larons, as of geese, hens, or sheafs. 15. Of thieves that steal clothes, or of thieves that do pilfer clothes 'through windows and walls. ་ 16. Of such as go in message for thieves. 17. Of cries levied and not pursued. 18. Of bloodshed, and of frays made. 19. Of escapes of thieves or felons. 20. Of persons outlawed returned, not having the King's warrant. 21. Of women ravished not presented before the coroners. 22. Of clippers and forgers of money. 23. Of treasure found. 24. Of the assize of bread and ale broken. 25. Of false measures, as of bushels, gallons, yards, and ells. 26. Of false balances and weights. ⚫ 27. Of such as have double measure, and buy by the great, and sell by the less. 28. Of such as continually haunt taverns, and no man knoweth ⚫ whereon they do live. 29. Of such as sleep by day and watch by night, and eat and drink ́ well, and have nothing. 30. Of cloth-sellers and curriers of leather dwelling out of merchant ' towns. 31. Of such as flie into church or church-yard, and after depart 'without doing that which belongeth thereunto. 32. Of persons imprisoned, and after let go without mainprize. 33. Of such as take doves in winter by doorfalls or engines. 34. And of all these things you shall do us to wit, by the oath you have taken.' [ No. VII. ] 15 Richard II. c. 12.-No Man shall be compelled to answer for his Freehold before the Council of any Lord. No. VI. 18 Edw. II. I TEM, at the grievous complaint of the Commons made in full Par- 15 Richard II. liament, for that divers of the King's subjects be caused to come "before the council of divers lords and ladies, to answer for their free hold, and so for divers other things, real and personal, that ought to "be ordered by the law of the land, against the estate and the right of "our Lord the King and of his crown, and in defeating of the common "law;" it is agreed and assented, That from henceforth none of the 'King's subjects be compelled, neither by any mean constrained, to come nor to appear before the council of any lord or lady, to answer 'for his freehold, nor for any thing touching his freehold, nor for any ' other thing real or personal, that belongeth to the law of the land in any ' manner. And if any find himself grieved in time to come, contrary to ⚫this ordinance and agreement, he may complain to the Chancellor for the time being, and he shall give him remedy.' [No. VIII. ] 16 Richard II. c. 2.-The forfeiture of him that compelleth any Person to answer for his Freehold. 66 c. 12. c. 2. A confirmation of the statute of 15 R. 2. c. 12. with a penalty on the of ITEM, Whereas at the last Parliament it was accorded and assented, 16 Richard II. That none of the King's liege people from henceforth should be bound, compelled nor constrained by any means, to come nor to appear before any lord's or lady's council, there to answer of his freehold, nor of things which touch freeholds, nor of any other thing "real nor personal, which belongeth to the law of the land in any wise, as by the statute thereof made more fully appeareth;" it is accorded and assented, That the said statute shall be firmly holden and kept; ' and if any lord or lady, or other of the King's liege people do to the contrary, they shall incur the pain of xx.l. to the King,' 66 [No. IX. ] 4 Henry IV. c. 19.-No Officer of a Lord of a Franchise shall be Attorney in the same. IT TEM it is ordained, That no steward, bailiff, nor minister of lords of franchises, which have return of writs, be attorney in any plea 'within the franchise or bailiwick whereof he is or shall be officer or ⚫ minister, in any time to come.' fenders. 4 Henry IV. c. 19. No. IXa. 2 Henry V. [No. IX. a. ] 2 Henry V. stat. 1. c. 2.-A Corpus cum causa, or Certiorari to remove him which is in execution at another man's suit. st. 1. c. 2. 17 Edward IV. c. 2. In a court of pipowders the plaintiff shall be sworn that the contract diction of the same fair. TEM, forasmuch as many men have been condemned in the courts of our Lord the King, and in the courts of his progenitors, as well within the city of London, as in other cities and boroughs within the realm of England, and by the virtue of such condemnations have been committed to the prison of our Lord the King, there to remain until they have made agreement to the plaintiffs to whom they were condemned; after by their suggestion made in the Chancery of our Lord the King, they have had divers writs called certiorari and corpus cum causa, out of the Chancery of our said Lord the King, directed to the sheriff, or keepers of the prisons where such persons condemned be holden to have their bodies, with the cause of imprisonment of the condemned aforesaid, in the Chancery, at the days contained in the said writs; after which writs, together with the body and the cause of the condemnation returned in the Chancery aforesaid, the said persons so condemned have been delivered in the Chancery aforesaid, by bail or by mainprize, or enlarged without bail or mainprize against the assent and will of the said plaintiffs, and without any agreement made to the said plaintiffs of the sums in the which they be condemned, against the law of the land; and so remain the said plaintiffs without remedy, in hindrance of the state of such plaintiffs, and in defeating of the judgments given in the courts aforesaid. 66 66 66 66 66 [No. X. ] 17 Edward IV. c. 2.-For Courts of Pipowders. TEM, Whereas divers fairs be holden and kept in this realm, some by prescription allowed before justices in Eyre, and some by the grant of our Lord the King that now is, and some by the grant of his progenitors and predecessors; and to every of the same fairs is of right pertaining a court of pipowders, to minister in the same due justice “in this behalf; in which court it hath been all times accustomed, that was made in the "every person coming to the said fairs, should have lawful remedy of time and juris-" all manner of contracts, trespasses, covenants, debts, and other deeds "made or done within any of the same fairs, during the time of the "same fair, and within the jurisdiction of the same, and to be tried by "merchants being of the same fair; which courts at this day be misused "by stewards, under-stewards, bailiffs, commissioners, and other minis"ters holding and governing the said courts of the said fairs, for their private profit, holding pleas by plaints, as well of contracts, debts, trespasses, and other feats done and committed out of the time of the “ said fairs, or the jurisdiction of the same, whereof of truth they have "no jurisdiction, surmising the same debts, trespasses, covenants or "other deeds, to be done within the time of the fairs, or within the jurisdiction of the same fairs, where of truth they were not so; and "sometime by the device of evil disposed people several suits be feigned, " and trouble them to whom they bear evil will, to the intent that they "for lucre may have favourable inquests of those that come to the said fairs, where they take their actions. And whereas divers persons coming to the same fairs be grievously vexed and troubled by feigned "actions, and also by actions of debt, trespasses, deeds and contracts "made and committed out of the time of the said fair, or the jurisdic"tion of the same contrary to equity and good conscience, whereby the "lords of the same fairs do lose great profit by the not coming of divers "merchants to their fairs, which by this occasion do abstain, and also "the Commons be unserved of such stuff and merchandize which other"wise would come to some fairs." Oursaid Lord the King considering the premisses, by the advice and assent of the Lords Spiritual and Temporal, and at the request of the Commons, in the said Parliament assembled, and by the authority of the same, hath ordained and esta 66 blished, That from the first day of May next ensuing, no steward, No. X. ⚫ under-steward, bailiff, nor commissary, nor other minister of any such 17 Edw. IV. ' courts of pipowders, shall hold plea upon any action at the suit of any person or persons, unless the plaintiff or plaintiffs, or his or their ' attorney, in the presence of the defendant or defendants, do swear upon the Holy Evangelists, upon the declaration that the contract or other ⚫ deed contained in the said declaration, was made or committed within the fair, and within the time of the said fair where he taketh his action, and within the jurisdiction and bounds of the same fair. And although that the plaintiff or plaintiffs by their oath do affirm the same, yet nevertheless the said 'defendant or defendants shall not be concluded by the same, but may answer and plead to the action, or in abatement of the plaints, and to proffer an issue that the same contract, trespass, or other deed contained in such declaration, whereupon the plaintiff or plaintiff's do declare, was not committed nor done within the time of the fair, and jurisdiction of the same, but out of the time ⚫ of the fair, or at other places out of the jurisdiction of the same fair, according to the truth in this behalf. And if it be so tried, or that the plaintiff or plaintiffs, or their attornies, do refuse to take the oaths in the form aforesaid, that then the defendant or defendants shall be quite dismissed and discharged in that behalf out of the same court, the • party plaintiff to take his remedy at common law, or other place con⚫venient, as shall to him seem good, notwithstanding this ordinance. And that every steward, under-steward, bailiff and commissary, or other minister, holding, ruling, or governing any of the said courts, that doth the contrary of this ordinance, shall forfeit for every default in this behalf, an hundred shillings, the one half to be to our Lord the King, and the other half to him that will in this behalf pursue his action upon this ordinance, by action of debt in his own name. And ⚫ that writs of proclamation be in all good haste directed to every sheriff of every county of England, to cause this ordinance to be proclaimed in every fair within his county, as well within franchise as without. This Act to endure from the said first day of May, until the first day <of the next Parliament. Provided always, That this Act, nor any thing comprised in the same Act, be hurtful or prejudicial to William now bishop of Durham, or to his successors, within the liberty and fran⚫chise of the bishopric of Durham.' [No. XI. ] 1 Richard III. c. 6.-The Statute of 17 Edward 4. c. 2. rehearsed and made perpetual, viz. That in every Court of Pipowders the Plaintiff or his Attorney shall be sworn, &c. c. 15. Several misdemeanours practisedbysheriffs, &c. entering of plaints. [No. XII.] 11 Henry VII. c. 15.-Entering of Plaints in County Courts, Examining of Sheriffs, Execution of Precepts, Viewing of Estreats, and gathering of them. WHE WHEREAS great extortion is yearly used and had within divers 11 Henry VII. counties of this realm of England, by the subtilty and untrue demeanor of sheriffs, under-sheriffs, shire-clerks, or any other officers holding and keeping the counties in the name of the sheriff, that is to say, if any man affirm a plaint before the sheriffs in the counties, or before any other of the said officers, the said sheriff, under-sheriff, or bis shire-clerk, will enter or cause to be entered in their books, in the same plaintiff's name, divers and many plaints both of debt, trespass and covenant, at their pleasure, and unknowing to the same plaintiff " in whose name the said plaints been affirmed, to the intent that if the defendant appear not at every shire-day, or court hanging the said plaint, he shall leese for his default made at every plaint fourpence: where divers times by covin between the said sheriffs, under-sheriffs, |