The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.

XXI. Scarning and Cryers Case. Mich. 7 Eliz. In the Common Pleas. Rott. 1851.

IN a Second Deliverance by Scarning against Cryer, the Defen∣dant makes Conusans as Bailiff to J.S. and sheweth,* 1.1 That the said J.S. and at the time of the taking, &c. was Lord of the Mannor of A. Within which Mannor, there was this Custom time out of mind, &c. That the Tenants of that Mannor and other Resiants and Inhabitants within the said Mannor, or the greater part of them at the Court-Baron of the said Mannor, at the Mannor afore∣said

holden, were used and accustomed to make Laws, and impose Pains as well upon the Resiants and Inhabitants within that Mannor, and the Tenants of the said Mannor there being; as upon every Occupier of any Tenements within the said Mannor, for good government there to be had and kept, and for the preservation of the Corn and Grass there growing: And that the said J.S. and all those whose Estate, &c. distringere consueverunt pro omnibus poenis sic forisfact. & per Juratores Curiae praed. ex assensu dictor. Tenent. Inhabitant. & residentium ibid. in forma praedict. assessis & impositis; tam super quibuscun{que} tenent. Maner. praedict. aut inhabitantibus aut residentibus infra Maner. illud, quam super occupatoribus ali∣quor. Tenementor. infra idem Maner': And further said, That at a Court-Baron there holden, That Coram Sectatoribus ejusdem Curiae, by the Homage of the said Court then charged to present, with the assent of other Tenants and Inhabitants of the said Man∣nor, it was Ordained and Established, That no Tenant of the Man∣nor aforesaid, nor any of the Resiants or Inhabitants within the said Mannor, nor any Occupier of any Tenements within the said Man∣nor from thenceforth, should keep his Cattel within the several Fields of that Mannor by By-herds, nor should put any of their Oxen, called Draught-Oxen, there before the Feast of St. Peter, upon pain, Quod quilibet tenens residens, &c. should forfeit 20 s. And further said, That the Plaintiff, at the time, &c. Occupied and had such a Tenement within the said Mannor; And that at such a Court afterwards holden, viz. such a day, It was presented, that the Plain∣tiff Custodivit boves suos, called Draught-Oxen, within the several Fields by By-herds, contrary to the Order aforesaid, by which, the penalty of 20 s. aforesaid, was forfeited, Notwithstanding the said pain de gratia Curiae illius per quosd. A. & E. afferratores Curiae illius ad hoc jurat. assess. & afferrat. fuit ad 6 s. 8 d. And further he said, That the place in which the taking, &c. is within the Mannor aforesaid; And that A. B. Steward of the said Mannor extraxit in scriptis extra Rotulis Curiae praed. the said pain of 6 s. 8 d. and de∣livered the same to the Defendant, Bailiff of the said Mannor, to Collect and Receive; by force of which, he required the said 6 s. 8 d. of the Plaintiff, and he refused to pay it; and so avoweth the ta∣king, &c. And upon this Conusans of the Defendant, the Plaintiff did Demur in Law: And Iudgment was given against the Conu∣sans, 1. Because he pleaded, That it was presented Coram Sectato∣ribus, and doth not shew their Names. 2. The penalty appointed by the By-Law, was 20 s. and he sheweth, it was abridged to 6 s. 8 d. and so the penalty demanded, and for which the Distress was taken, is not maintained by the By-Law; and a pain certain ought not to be altered. 3. He sheweth, that it was presented, that the Plaintiff had kept his Draught-Oxen; and he ought to have alledged the same in matter in fact, that he did keep, &c.

Notes

• * 1.1

  More Rep. 75