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felonious intent, is felony, the same law the taking of cygnets, swans, marked, and peacocks, and here inquirable,' cites Stamf. f. 25, C. 18 H. 8. 2). Vide also as to swans, cygnets, or peacocks, marked, Shepp. 41. Pow. 73. Tiplers.-[By 1 Jac. c. 9, and 4 Jac. c. 5. presentment is to be made in leet of persons who shall continue drinking or tipling, or shall suffer persons to continue drinking or tipling in alehouses, &c. See also 7 Jac. c. 10. 1 Car. 1. c. 4. Greenw. 293. And see Alehouse-keeper, ante.] Tithing-men.-See Officers.

Toll (Excessive Toll).-Kitch. 22 (also if millers take excessive toll, is inquirable). Jenk. P. C. 25 (if any millers take excessive toll, they are to be inquired of). And see Shepp. 17. Per Rhodes, Serj. 4 Leo. 12 (excessive toll is inquirable in leet').

Treason: High-Treason.-Kitch. 16 (high-treason inquirable in leet as felony). Ib. 43 (it is said that treason, as forging of money, is inquirable, cites 9 H. 6, 44). Br. Leet. 2 (cites S. C.). Jenk. P. C. 8 (the jury is to inquire of all high-treasons). And see Pow. 46, 48-9. Greenw. 286. Shepp. 10, 11 (the things which are here only to be inquired of, and not to be punished, are all felonies, which were so by the common law, though now they be made treason, as of such as are enemies to the King; falsify or abuse the King's coin or seal'). Ib. 39 (you are to inquire of all offences which are or were felonies by the common law, except about the death of a man; and in this consideration you are to inquire of those offences, that being treason do include felony, or be only felony, and those offences that being felonies by the common law are now by some statutes made treason;—so you were to have inquired of and presented all that did imagine or endeavour the taking away the life of the King, &c.; so you are to inquire of any that levy war against the kingdom or adhere to the King's enemies; counterfeit any of the great seals or money; kill the justices of the one or other bench, in doing

their offices, and such like offences.) Scroggs 84 (courts leet inquire of all offences under high-treason committed against the state and dignity of the King).

Petit-Treason.-Br. Ley gager, 99 (of petit-treason, but not of high-treason, cites 10 H. 6. 7). Kitch. 16, 43 (petty treason is inquirable, but as felony at the common law), cites 12 Ass. 30, 19 H. 6. 47. 6 H. 7. 4. Ib. (petty treason, and ancient felonies, that is to say, felonies at the common law, but not the death of a man). Jenk. P. C. 9 (petty treasons are, if any man kill his master or mistress, or a woman her husband; this is to be inquired of here as felony). And see Pow. 46, 52. Kitch. 50, citing Stamf. 2. Treasure-Trove. Stat. 18 Ed. 2 (of treasure found). And see Stat. Wall. Britt. c. 29. Flet. 2. c. 52. Mirr. c. 1. s. 17. Kitch. 22. Greenw. 299.

p. 787.

Tumbrel. See Pillory, ante.

Sed vid. Br. Leet 43. Ante,

Vagabonds, (Wanderers).-See Noctivagancy, ante.

Victuals, (unwholesome Victuals).-Scroggs 21 (you are to inquire of all bakers, butchers, poulterers, and others, that they vend good and wholesome meat and drink, fit for man's body; if any offend herein, you are to present and punish the offenders). Ib. 10. See also Br. Leet 1. 4 Inst. 263. Kitch. 21. Shepp. 45, 54. Pow. 114, 115. Greenw. 294-5. Vaughton v. Atwood (or Vaughan v. Wood), 1 Mod. 202, 2 Mod. 56. 3 Barn. & Adolp. 48. Ante, p. 874. Villeins. See Fugitives, ante.

Usurers.-Pow. 101 (usurers are offenders against the com

mon law). And see Stat. Wall. Britt. c. 29. Flet. 2. c. 52. Mirr. c. 1. s. 17. Shepp. 17.

Waif, (bona fugitivorum).-Br. Leet 5 (the lord of the leet.

hath power to try waif by inquest, but the lord of the hundred not, for he cannot try by jury, having no power to compel them to be sworn, cites 44 E. 3. 19). Kitch. 45 (cites S. C.) Vide also, ib. 23. Jenk. P. C. 27. Shepp. 12. Ante, pp. 781-2.

Weights, (false weights, scales, and measures).—See Measures,

ante.

Wreck.-Kitch. 24 (by the stat. of 15 R. 2. c. 3. wreck of the sea may be tried and determined by the law of the land; for that and for the profit of the King and the lord, it is inquirable in the leet). Ante, p. 783 et seq.

END OF THE THIRD PART.

APPENDIX

ΤΟ

THE COPYHOLDER (a).

Rules to be observed in holding a Customary Court Baron.

CALLING THE COURT.

Ar the accustomed period of the year for holding a general court, the steward is to issue his precept to the bailiff of the manor, in the form [A.] (b), upon which the bailiff should affix a written notice of the place, day, and hour, appointed for the court, to the door of the parish church, or cause the notice to be read in the church by the clerk. The safer course is to give fifteen days' notice, but I apprehend that a much shorter period would be deemed sufficient (c).

In order to lay a secure foundation for any proceeding at law against a copyholder for a forfeiture, by reason of his neglect of suit to the manor court, it would be advisable to serve a summons upon him personally (d).

And when a mise is joined upon a plaint in the nature of a writ of right (e), it is expedient not to trust to a general notice, but to summon all the homage personally, in order to secure the attendance of at least twelve customary tenants, as it is generally considered that every issue in every court, shall be tried by twelve persons, and not by less (f).

(a) Part I. (Vol. 1.)

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(b) Post. Forms of Precepts, &c." (c) Ante, Pt. 1. p. 6.

(d) Ante, Pt. 1. pp. 431, 528.

(e) All plaints in nature of writs of right (except plaint of dower or freebench) are abolished, from the 31st Dec. 1834 by 3 & 4 W. 4. c. 27. See the act post. And reference to it, ante, pt. 1. p. 562. n. (d). Pt. 3. p. 753. n.

(a).

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