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 I. 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.]

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.

R R

FORMS OF WARRANTS, &c., IN CONNECTION WITH THE COURT BARON (a).

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.

day of

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 (b)

58.

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., 20s., affeered

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-.

day of

J. S.

(L. s.)

Steward of the said manor.

(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. :-
:-

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

of

18-.

day

J. S. (L. s.)

Steward of the said manor.

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

The manor of

in the county of

his fealty (c).)

}J. S. steward of the said manor, to W. Y., bailiff.

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

in and for the said manor on

the day of

in the year of our lord the homage did present that A. B., who held 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 hand and seal this my 18-.

day of

J. S. (L. s.)

(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.

the

day

Whereas at a court baron held for the said manor on of, C. D. of &c., attended and took up a certain homestead, farm,

(c) Ante, pt. 3, p. 616. This form may easily be made to serve as a warrant to distrain a devisee or a purchaser for neglect of fealty. See notes (a) and (b) ante, p. 1149, n. (h), ante, p. 1151; and

(d) It would be proper, though not absolutely necessary, to serve B. B. personally with notice of the court; ante, p.

1150.

(e) Ante, pt. 3, p. 616.

next note.

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

18-.

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 (g).)

The manor of

in the county of ·

We do hereby signify our willingness and consent 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 -s.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 day of

hands this

18-.

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

(Warrant to distrain for amercements.)

The manor of

in the county of

:}

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

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.

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 5s., (affeered

G. L., aleconner, who neglected to appear at the said court, and present that which to his office belongs, amerced in 3s., (affeered at)...

...

3s.

28.

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.)

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

day of

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

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