To the Sheriffs, indeed, not only belong the foregoing Pleas of Right,
when the Courts of the Lords are proved to have failed in doing
Justice, but some other Pleas. When, for Example, any one complains
to the Court, that his Lord exacts Customs and Services that are not
due, or greater services, in respect to the freehold the Tenant holds
of him, than he ought:[430] when the Plea concern a Villein-born, as
before observed: or when, generally speaking, any other matter occur of
which the Sheriff has the King’s Writ, or that of his Chief Justice,
for the purpose of holding Jurisdiction over any one, or that he
himself should do right, unless another does so, as before mentioned;
whenever any such Pleas occur, it belongs to the Sheriff to hear and
decide upon them. Some of which appear from the following Writs.
[Footnote 430: Vide 2 Inst. 21.]
CHAP. X.
“The King to _N._ Health.[431] I prohibit you, least you unjustly
disturb _H._ or permit him to be disturbed, concerning his Free
Tenement, that he holds of you in such a Vill. Nor exact from him, nor
suffer to be exacted, Customs or Services which he ought not to render
you, or which his Ancestors did not, nor ought to have done, in the
time of King Henry my Grandfather; and, unless you do so, the Sheriff
shall, least he should any more complain.——Witness &c.”
[Footnote 431: Vide F.N.B. 21.]
CHAP. XI.
“The King to the Sheriff, Health. I command you, that justly and
without delay, you cause _M._ to have _R._ his Villein-born and
fugitive, with all his Chattels, and with his whole issue,[432]
wheresoever he is found in your Bailiwick, unless the fugitive be in
my Demesne, after my first Coronation. And I prohibit, least any one
unjustly detain him under forfeiture, &c. Witness &c.”
[Footnote 432: _Cum totâ sequelâ suâ._ Mr. Barrington having observed,
that if Villeins were born within a certain District, they and their
issue were the Bondmen of the Lord, proceeds thus,—“This explains what
frequently occurs in ancient grants of Villeins, _cum totâ sequelâ
suâ_, which, according to Sir James Ware, in his account of the
Betaghii, (who were the Irish Villeins,) included not only Children but
Nephews, p. 149. See also Madox’s Form. Angl. p. 416.” (Barr. Obs. on
Anc. Stat. p. 306.)]
CHAP. XII.
“The King to the Sheriff, Health.[433] I command you, that justly and
without delay, you cause _G._ to have his Beasts by Gage and pledges,
of which he complains that _R._ has taken them, and unjustly detains
them, for the Customs which he exacts from him, and which he does not
acknowledge to owe him; and, in the mean time, cause him justly &c.
least &c.”
[Footnote 433: Vide F.N.B. 152.]
CHAP. XIII.
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