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was taken and arrested upon suspicion of felony committed within the jurisdiction of this leet, and set in the stocks of this manor, and that one I. F. of I. aforesaid, labourer, on the day of &c., at I. aforesaid, the aforesaid stocks with force and arms feloniously did break, and the said B. R. then and there did suffer to escape and go at large, against the peace &c.; therefore the bailiff is commanded &c. (Kitch. 100.]

Further rescue.—The jury also present that T. L. of &c., yeoman, on the

day &c., at I., within the jurisdiction of this court, one calf of the value &c., of the goods and chattels of one J. B. then and there found, feloniously took and carried away; and that W. Y., bailiff of the aforesaid manor, on the

day &c., at I. aforesaid, the aforesaid T. L. arrested upon suspicion of the said felony; and that W. F. of 1. aforesaid, labourer, with force and arms &c., at I. aforesaid, on the said day and year, upon

the aforesaid W. Y., in the peace of God and our sovereign lord the king being, did make an assault, and the aforesaid T. L., being in the custody of the said W. Y., then and there feloniously took away, rescued and suffered to go at large, contrary to the peace &c.; therefore the bailiff is commanded &c. (Kitch. 100.]

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Common scold. The jury also present that C. F. of the parish of in the said county, the wife of D. F. of the aforesaid parish of labourer, is a common scold at the parish aforesaid, in the county aforesaid, within the jurisdiction of this court, as well with her neighbours, as with other the liege people of our lord the king, whereby they are much molested, disquieted and grieved, and against the peace &c.

[Vide Precedent of Roll of Court Baron, ante, 1149, and Charge to the Homage, ante, 1143).

And note, that when a court leet and court baron are held together, the presentments as to the business of the latter should, (after the entries of presentments as to the business of the former,) begin as in the above mentioned precedent of roll of court baron, viz. :

“ At this court the homage present that &c.” And should conclude thus :

“ The jury and homage ratify and confirm all orders and by-laws made or confirmed at the last court, and not revoked or altered at this court, agreeing that the steward may alter matters of form in these presentments, not altering matters of substance.”

VOL. II.

RR

FORMS OF WARRANTS, &c., IN CONNECTION WITH

THE COURT BARON (a).

}to W. Y. bailiff of the said manor, greting :

day of

(Warrant to distrain for amercements.) The manor of in the county of

ESTREAT of amercements at a court baron of A. Z. esquire, lord of the said manor, held in and for the said manor this

&c. A. B., a freehold tenant, for neglecting to appear at the said court, there to perform his suit and service, being duly summoned to attend, affeered at (6)

5s. C. D., a freehold tenant, for a breach of a by-law made at a court holden for the said manor on the day of —, directing that &c., 20., affeered at

. 158.

.

.

You are hereby commanded to levy, by distress of the goods and chattels of the several above named defaulters, the several sums of money set opposite to their respective names :—And you are to answer the same when thereunto required. Given under my hand and seal this 18

J. S. (L. S.) Steward of the said manor.

day of

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(Warrant to distrain for arrears of quit rents.)
The manor of
in the county of

To W. Y., bailiff of the said manor.
Arrears of quit rents due at last to A. Z. esquire, lord of the

said manor, from the under named tenant in respect of the under
mentioned freehold estates, viz. :-

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You are hereby commanded to levy, by distress of the goods and chattels of the above named A. B., the above mentioned respective sums of -- (*), and £-- (+):—And you are to answer the same when thereunto required. Given under my hand and seal this - day of - 18.

J. S. (L. S.) Steward of the said manor.

(Warrant to distrain the heir of a deceased freeholder to perform

his fealty (c).)

in the county of = }J. S. steward of the said manor, to W.Y., bailif:

day of

of

our

Whereas at a court baron of A. Z. esquire, lord of the said manor, held in and for the said manor on the

in the

year lord --, the homage did present that A. B., who beld freely of the lord of the said manor a certain close situate &c., called &c., at the yearly rent of 3s., heriot when it should happen, fealty, suit of court and other services, died since the then last court held for the said manor, whereupon a heriot, to wit, the best living animal of the said A. B., became due to the lord of the said manor; and that on the death of the said A. B. the said close descended to B. B. of &c., as his only son and heir: And whereas due notice was given by the said W. Y., bailiff of the said manor, that a court baron would be holden this day for the said manor at the usual and accustomed place, being &c., at the hour of ten o'clock in the forenoon, when and where all persons who owed suit and service at the same court were commanded to attend (d): And whereas the said B. B. did not attend the said court held this day for the aforesaid manor, to take up the said estate which so descended to him as aforesaid, and to do his fealty, and perform his suit and service for and in respect of the same:

You are therefore by me the said steward hereby authorized and commanded of the goods and chattels of the said B. B. to distrain him for his default, and to do his fealty for and in respect of the aforesaid close and hereditaments at the next court baron to be holden for the said manor. Given under my hand and seal this

18

J. S. (L. S.)

day of

(Warrant to distrain a freeholder for neglect of suit of court (e).) The manor of in the county of

J. S. steward of the said manor, to W. Y. bailiff. Whereas at a court baron held for the said manor on the day of — C. D. of &c., attended and took up a certain homestead, farm,

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(c) Ante, pt. 3, p. 616. This form

(d) It would be proper, though not abmay easily be made to serve as a warrant solutely necessary, to serve B. B. perto distrain a devisee or a purchaser for sonally with notice of the court; ante, p. neglect of fealty. See notes (a) and (b) 1150. ante, p. 1149, n. (h), ante, p. 1151; and (e) Ante, pt. 3, p. 616. next note.

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lands and hereditaments called —, held freely of the lord of the said manor by the yearly rent of £1: 2s. 6d., and then lately sold and conveyed to the said C. D. by E. F. of &c.; and the said C. D. at the said court acknowledged fealty, and performed the suit and service due in respect of the said freehold hereditaments : And whereas due notice was given by the said W.Y., bailiff of the said manor, that a court baron would be holden this day for the said manor at the usual and accustomed place, being &c., at the hour of ten o'clock in the forenoon, when and where all persons who owed suit and service at the same court were commanded to attend (f): And whereas the said C. D. did not attend the said court held this day for the aforesaid manor, to perform his suit and service for and in respect of the said freehold hereditaments :

You are therefore by me the said steward hereby authorized and commanded of the goods and chattels of the said C. D. to distrain him for his default, and to do and perform his suit and service for and in respect of the aforesaid homestead, farm, lands and hereditaments at the next court baron to be holden for the said manor. Given under my hand and seal this day of 184

J. S.

(L. s.) (Consent of the freehold and copyhold tenants to a grant by the lord of

part of the waste land over which the tenants have a right of com

mon (9).) The manor of We do hereby signify our willingness and conin the county of

sent that a grant may be made by the lord of the said manor to T. W. of &c., labourer, of a piece or parcel of land part of the waste of the same manor called common, containing about as the same is now staked out, to be held by the said T. W. and his heirs for ever, freely, of the lord of the said manor, at and under the yearly rent of -8. —d., fealty and suit of court, as other the respective freehold tenants of the said manor now hold their respective estates; freed and discharged of and from all such commonable rights as are now exercisable by us over and upon the wastes of the aforesaid manor. Witness our hands this

day of

18-
Freehold Tenants. Copyhold Tenants.

E. F.
C. D.

G. H.

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A. B.

(f) It is here assumed that there had been intermediate courts which C. D. neglected to attend.

It would be proper, though not absosolutely necessary, to serve C. D. personally with notice of the court.

(g) If by the custom of the manor such grants may be made with the consent of the homage, (ante, pt. 1, pp. 16 et seq.,

518 et seq.,) the entry on the court rolls may be as follows:

“ At this court the homage testify by their signatures to the minutes of their verdict, their willingness and consent that a grant may &c." (the entry may be continued in nearly the same language as in this form of a consent given out of court.]

FORMS OF WARRANTS, &c., IN CONNECTION WITH THE

COURT LEET.

(Warrant to distrain for amercements.) The manor of

To W.Y., bailiff of the said manor, greeting: in the county

of Estreat of amercements at a certain court leet, with view of frank

pledge, and court baron of A. Z. esquire, lord of the said manor, held in and for the said manor this

day of, &c.

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W. C., C. B., W. K., R. S. and M. E., severally resiants within

the jurisdiction of the said leet, and who neglected to appear at
the said court and perform their suit (h), amerced in 6d. each,
(affeered at)....

...3d. each J. B., constable, who neglected to appear at the said court, and

present that which to his office belongs, amerced in 58., (affeered
at).

3s. G. L., aleconner, who neglected to appear at the said court, and

present that which to his office belongs, amerced in 38., (affeered
at)

2s. You are hereby commanded to levy, by distress of the goods and chattels of the several above-named defaulters, the several and respective sums of money set opposite to their respective names; and you are to answer the same when thereunto required.

J.S. (L. S.) Steward of the said manor.

(Order for a constable who did not appear at the court to be sworn into

his office by a justice of the peace.) The manor of

To A. B. in the county of

Forasmuch as at the court leet holden this present day in and for the said manor you are elected constable for the year ensuing: these are therefore to will and require you, upon receipt hereof, to take upon you the said office, and forthwith to repair to one of his majesty's justices of the peace of the said county, before him to take your oath for the due execution of your said office: hereof fail not at your peril. Given under my hand and seal the

J. S. steward. (L. s.)

day of

(h) Ante, pt. 3, p. 686.

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