and premises, with the appurtenances, in manner and form as the said A. B. by his plaint and declaration hath alleged: And of this he puts himself upon the homage, according to the custom of this manor. And the said A. B. doth the like. [H. 1.] (Precept of Recognition in a Customary Writ of Right.) The manor of To W. Y., bailiff of the said manor. in the county of —— Because A. complains against C. in a plea of land, and makes protestation to prosecute his plaint in the court of the said manor, in the nature of a writ of our lord the king, of right patent: therefore I command you, that you forthwith summon, by good summoners, twelve good and lawful men, copyhold tenants of the said manor, that they be and арpear at the customary court baron, to be holden for the said manor, on the day of , at the hour of in the forenoon, (when by consent at the usual and accustomed place, being, &c., [or, of the parties, the question is to be tried immediately upon issue being joined,) that they be before me at the court here now holden,] ready by their oaths to make recognition, whether the said C. hath a greater right to hold gardens, acres of pasture, parish of messuages, tofts, barns, orchards, acres of meadow, and with the appurtenances, situate and being in the in the county aforesaid, within the jurisdiction of this court, as he now holds the same, or the said A., the demandant, to hold the same tenements, with the appurtenances, as he hath demanded the same: and have you there the summoners and this precept. Given under my hand and seal, this in the year of our Lord day of J. S., steward of the said manor. (The Summons to be served on the Jurors pursuant to the above. Precept of Recognition.) You are hereby required to appear in your proper person, at the general customary court baron of A. Z., lord of the manor of afore forenoon of the same day, to testify the truth according to your knowledge, in a certain plaint depending in the same court, between A., demandant, and C., tenant, of a plea of land; and hereof fail not, as you shall answer the contrary at your peril. Given under my hand, this day of 18 . [H. 2.] W. Y.,.bailiff. (Precept of Recognition in a Plaint of Assize of Mort The manor of in the county of day of d'Ancestor.) To W. Y., bailiff of the said manor, greeting. at the hour of Because A. B. complains against C. D. and E. his wife, in a plea of land, in the manor aforesaid, and makes protestation to prosecute his plaint in the court of the said manor, in the nature of a writ of assize of mort d'ancestor at common law; therefore I command you, that you forthwith summon, by good summoners, twelve good and lawful men, copyhold tenants of the said manor, that they be and appear at the customary court baron, to be holden for the said manor, on the in the forenoon, at the usual and accustomed place, being, &c., ready by their oaths to make recognition, if B. B., father of the said A. B., on the day of his death, was seised in his demesne as of fee, by copy of court-roll, at the will of the lord, according to the custom of the said manor, of suages, and acres of land, with the appurtenances, situate, &c., within the jurisdiction of this court; and if the said B. B. died within 50 years now last past; and if the said A. B. is next heir, according to the custom of the said manor, to the said B. B.: and in the mean time let them view the aforesaid tenements. And do you summon, by good summoners, the said C. D. and E., who now hold the said tenements, that they be there to hear the recognition; and have you there the summoners and this precept. Given at the court baron or custom ary court of the said manor, under my hand and seal, this mes day of J. S., steward of the said manor. 66 [ I.] (The Juror's Oath, in a Customary Writ of Right.) "You shall say the truth, whether C. hath more mere right to hold "the tenements which A. demandeth against him, by his plaint, in nature of a writ of right, or the said A. to have them as he demandeth, and on no account to say but the truth: So help you "God." 66 [K.] (Oath of the Witnesses.) "The evidence you shall give before this court, touching the matter "whereon the mise is joined, between A., demandant, and C., tenant, "shall be the truth, the whole truth, and nothing but the truth: So help you God." 66 [L.] (Affeeror's Oath.) "You and each of you shall well and truly affeer and affirm the "several amercements here made, and now to you remembered; you "shall spare no one through fear, favour, or affection, nor enhance any one from hatred or malice, but shall impartially act herein: So "help you God." 66 VOL. II. A A PRECEDENTS OF DEPUTATIONS, POWERS OF ATTORNEY, COPYHOLD ASSURANCES, &c. (Appointment to the Stewardship of a Customary Court Know all men by these presents, that I, A. Z., lord of the manor of in the county of · have made, ordained, constituted, and appointed, and by these presents do make, ordain, constitute, and appoint J. S., of, &c., to be steward of the aforesaid manor of and the members thereof, with full power and authority from time to time, to hold courts baron and customary courts for the same manor and its members, and to do all acts usual and customary to be done by stewards, in relation thereunto, accounting to me from time to time for such fines, heriots, reliefs, forfeitures, amercements, and other manorial profits, as shall be received by him or by his deputy or deputies; and I do hereby more especially authorise and empower the said J. S., from time to time, as there may be occasion, to make any voluntary grants of all or any customary or copyhold lands within the said manor, and to give and execute to the tenants thereof, any licenses to demise or otherwise, as he, the said J. S., shall deem expedient, and either in or out of court, as fully as I myself could or might do (b). And also to appoint any deputy steward or deputy stewards (c) of or for the said manor of and its members, with full power to hold all or any such courts as aforesaid, and to do such other act or acts as he the said J. S. could or might do as chief steward of the same manor; and also to depute any person or persons to act under him as sub-deputy steward or stewards of the said manor, as occasion may require (d). And I do hereby ratify and confirm all and whatsoever the said J. S., or such his deputy or deputies, sub-deputy or subdeputies shall lawfully do or cause to be done by virtue of these presents, hereby declaring that this appointment shall continue in force during my will and pleasure only. In witness whereof, I have hereunto set my hand and seal, this day of in the year of our Lord Sealed, &c. (a) Ante, pt. 1. p. 135, et seq. , (c) Ante, pt. 1, p. 145, et seq. (d) Ante, pt. 1, p. 146. (A general appointment of an Under Steward). Know all men by these presents, that I, J. S., steward of the manor of- -, in the county of by virtue of the power or authority to me given in this behalf, by A. Z., lord of the said manor, have made, ordained, constituted, and appointed, and by these presents do make, ordain, constitute, and appoint A. B., of, &c., to be my deputy steward of the aforesaid manor of -, and the members thereof, with full power and authority, from time to time, to hold courts baron and customary courts for the same manor and its members, and to do all such acts in the performance and execution of the duties of the said office as I myself could or might do, being personally present; and with liberty and authority to depute any person or persons to act under him as sub-deputy steward or stewards of the said manor, as occasion may require, he, the said A. B., accounting to me from time to time for such fines, heriots, reliefs, amercements, and profits of court, and all fees and perquisites whatsoever, arising from the said office, upon being required thereunto; and I do hereby declare that this appointment shall continue in force during my will and pleasure. In witness, &c. (Appointment of an Under-Steward to hold a Special Court.) Know all men by these presents, that I, J. S., steward of the manor of county of in the by virtue of the power or authority to me given in this behalf, by A. Z., lord of the said manor, have made, ordained, constituted, and appointed, and by these presents do make, ordain, constitute, and appoint A. B., of, &c., to be my deputy-steward of the aforesaid manor of and the members thereof, for the special purpose and turn only of holding a customary court baron for the same manor, and then and there [here state the particular object of , the parties calling the court, for instance,] (to accept and take a surrender from C. D., one of the customary tenants of the said manor, by the rod, of All, &c., to the use of E. F., of, &c., and his heirs, according to the custom of the said manor; and afterwards to admit the said E. F. tenant thereof accordingly, and to grant to him, the said E. F., a license to demise the same premises to any person or persons, for any term or number of years not exceeding twenty-one years, ac |