coke a GRIESLEYS case Trin Elizabeth rot in the common plea a be a inhabitant  within the manor of king to which a court leet be appendant by prescription be  at the leet hold before the steward accord to the custom choose to be  constable of king for one year by the juror and presenter of the say court and  be present in court be charge by the say steward to take the oath which he  utter refuse to do and depart in contempt of the court upon which the say  steward fine he five pound and because the say fine of five pound be not pay  the cattle of the say a be distrain hold the fine be well impose and the  distress well take if any contempt or disturbance to the court be commit in  any court of record the judge may set upon the offender a reasonable time a  leet be a court of record and the steward be judge there court which be not of  record can impose a fine or commit any to prison the fine impose by the  steward of the leet be good without any afferance a fine be always impose and  assess by the court but a amercement be assess by the country the juror of the  leet have conusance of those offence which be do out of court and power to  present they and to assess a amercement for they but the steward have  conusance of contempt and misdemeanour in court before himself and may impose  a fine for they and thereof need not make inquiry for a amercement for offence  out of court and for fine impose for offence do in the court a distress shall  be incident of common right SC say Vid the entry   Ent pl coke report b er p  in a replevin bring by Thomas Kingston against Richard Baily the elder and  Richard Baily the young in a place call stocking in Kingston in the county of  Stafford the defendant as bailiff to Thomas Griesley Esq do acknowledge the  take of the say cattle in the say place where c for they say that the say  place where c contain six acre and that the say Thomas Griesley be seize of  the manor of Kingston within which manor the say place where c be in his  demesne as of fee and prescribe to have curian look franc pleg in person  seneschallo his infra manor mock tenant his per annum videlicet semel infra  month neighbor post holiday pasch et iterum infra month neighbor post holiday  consecrated michaelis archangel de omnibus inhabitant et to sit back infra  manor predict tanquam admanerium mock reach whoever it be infra manor prd to  have et a tempore pron  interrog  opposite direction memory man non step forth  to have ankle custom quod inhabitant et to sit back infra manor prd ad to seek  after et prsentandum she queen ad look franc pledge pertinent oneralietjurati  annuatin ad curian vis franc pledge that at manor mock infra month neighbor  post holiday consecrated michaelis archangel tent to pluck out et to pluck out  to become used One substantial a human being de inhabitant infra manor predict  ad essendum conslabularium de Kingston pro and tunc proximo sequen who indeed  a human being such dainties coke b duty mock pro to make one year to drive per  totum time prd to become used et si prsens to be hujusmodi choice tunc per  totum time prd to swear falsely to become used per seneschallum grievous prd  in area free from obstacles curian ad duty mock to drive and that at the court  of view of frankpledge hold at the same manor that of October Elizabeth before  John Newport then steward of the say Thomas Griesley of the say court the say  Thomas Kingston be a inhabitant within the say manor be accord to the say  custom choose to be constable of Kingston prd pro uvo and huic neighbor sequen  by the juror and presenter of the say court and he be present in court be  charge by the say steward to take the say oath which he utter refuse to do and  depart in contempt of the court ob quod prdJohannes Newport adtunc  seneschallus the same grievous that which divides centum undivided super prd  Thom Kingston adtunc in eaden curian to place upon and because the say fine of  be not pay to the say Thomas Griesley the defendant make conusans as bailiff  of the say Thomas Griesley of the distress of the plaintiff cattle in the  place where c upon which the plaintiff do demurrer in law and in this case  these question be move and debate whether the steward may impose a fine in  this case whether this fine ought to be afeard or not whether the lord of the  leet may distrain for such fine without a custom enable he so to do as to the  first it be resolve per totan curian that if any contempt or disturbance to  the court be commit in any court of record that the judge may set upon the  offender a reasonable fine a a judge sit at nisi prius have power to impose a  fine on a defendant plead his own cause for a contempt as where the defendant  persist in revile the Christian religion attack the character of person not  before the court c king v Davison barn Ald a court of general gaol delivery  have power to make a order prohibit the publication of a trial pen the proceed  and until the whole trial be complete and therefore be a court of record have  the power of impose a fine for a contempt in disobey the order and that  although the party be not present at the time of impose the fine provide he  have notice and his absence be voluntary king v clement barn and Ald price and  with the case cite there a and a leet be a court of record and the steward be  judge there and therefore if any contempt a dyer pl pl Owen more roll Rep roll  Rep cro Elizabeth Cr car a or disturbance to the court be make before he he  may set a reasonable fine upon the offender as if the bailiff of a leet refuse  in court to execute his office the steward may set a reasonable fine upon he  and therewith agree the book in b   b roll Rep Br Det Br leet b h b so if a  tithingman refuse to make a presentment in a leet the steward shall set a  reasonable fine upon he as it be hold in c Br leet Br Leygager roll Rep   b c  h a so if one of the juror in a leet depart without give his verdict he shall  be fine by the steward as appear in the book of entry coke report b er p title  amerciament in debt fol et such de similib b so a fine may be impose by the  steward of a leet for a contempt to he by give he the lie while in the  discharge of his office earl of Lincoln v fisher cro Elizabeth SC owe more so  if the steward desire a man to be uncover and he say be do not regard what he  can do Hathurst v Cox t Raymond so the refusal to make a presentment be a  contempt for which the steward may assess a fine on the jury Kitch so if any  of the jury give their verdict before they be all agree they shall be fine  roll ab amercement you p and with send for with the principal case that a fine  may be set upon the constable who be present shall refuse to be swear Fletcher  v Ingram salk SC Mod ld ray skin so if the jury be swear to present article of  the leet and refuse to do it each may be fine for such concealment and  contempt dyer b but the steward can fine for word which do not import a  contempt as if a man say to the steward in the town hall that the mayor have  more right there than the steward himself Bevington v brook t Jones Vid Com  dig leet n Scriven on copyhold Vol ill b but court which be not of record can  impose a fine or commit any to prison as to the second it be object that the  fine in the case at bar ought to be afeard and to prove that the stat of great  Charta cap libre a human being non amercietur pro little fault nisi d   a a    seldom table talk fine f n b a d secundum manner that delict etpro great fault  secundum size fault salt c etnulla piod coke a tenderheartedness to put down  nisi per sacrament proboretlegal hom de vicineto comites autem et baron non  amercientur nisi per pares swine c and by the statute of Westminster e Inst e  cap it be provide no city borough or town nor any man shall be amerce without  a reasonable cause and accord to the quantity of the trespass a freeman save  his contenement a merchant save his merchandise and a villain save his wainage  and that by their equal and f   a postea b roll Rep f e and be cite and strong  urge where the case be that William freeman bring a replevin against the abbot  of Ramsay and other that they have wrongful take his cattle c the abbot avow  the take by reason he be lord of the hundred of f within which hundred he have  a leet in the town of m where the plaintiff be resiant to hold once a year  sure every year after the Feast of saint Michael when he will warn it c and at  the leet warn and hold there at such a day c twelve be swear to present thing  presentable which belong to their oath and that the say William be one of they  and after they have receive the article they be command to answer to the  article and to present c and they refuse for which cause the say William and  the other be amerce and the amercement of he be afeard to half a mark and for  the say half mark he do avow and there exception be take by Ashton to the  avowry because the amercement be upon they all in common and the afferance of  the amercement be several sure upon William half a mark c Parning it shall be  thus accord to law for because all refuse all shall be amerce but every one  shall be afeard by himself secundum magnitude delict as in assize of novel  seize all the disseizors shall be amerce and each afeard by himself Ashton if  a decennary of a town be amerce in eire the afferement shall be in common c  Parning be it not like the case for when a decennary or town be amerce there  be no certain person name as there be in this case and the avowry be award to  be good by which it appear that a fine impose for a contempt in court ought to  be afeard to which it be answer and resolve that in the case at bar the fine  impose by the steward be well enough without any afferance and therefore a a    b   light b Br amerciament kelw a palm cro car cart Inst jam h b cro Elizabeth  roll Rep a difference between a fine and a amercement for a fine be always  impose and assess by the court but a amercement which coke report b er p be  call in Latin pity be assess by the country and this word afferer be as much  as to say to put down in certainty seu taxar sure to assess or tax and the  afferance be as much as to say assessment or taxation and afferors be assessor  or taxer and be derive from the ancient French word afferer which signify  taxar c and this appear by the statute of coke b Westminster cap cap b ante a  Inst Wilson b whereby it be enact that amercement before justice in eire c  shall be assess by the oath of knight and of honest man where this word assess  be as much as to say afeard and the statute of great Charta and Westminster c  Inst Fitzgib c extend to amercement and not to fine for amercement ought to be  afeard or tax or assess per pares as if the demandant or plaintiff be nonsuit  or if judgement be give against the tenant or defendant or upon the bail  because the principal do not appear or upon the plaintiff because non be  prosecul or pro falsely warcry or the like c the justice shall never assess  any amercement but by the say statute they ought to be assess per pares but  the court in such case say therefore in pity general without tax or assess any  sum certain and the d f n b a see hist view of the excheq cap d clerk of the  warrant in the common plea make estreat of these amercement and deliver they  to the clerk of the assize within every circuit to deliver they to the coroner  in every county to affere I e to assess the amercement which they do accord  and such assessment by the coroner in every county have be hold a satisfaction  of the say statute of great Charta by which it be enact quod null prd  tenderheartedness to put down nisi per sancram proboretlegal hom de vicineto  and the coroner of the county be think most indifferent because they be choose  by the whole county but if a man be nonsuit after the jury be ready to give  their verdict the court may cause the amercement to be present afeard in the  court by the same jury as it be hold in a   b a Edward a and it seem the  statute of great Charta be but a affirmance of the commonlaw for Glanville who  write in the time of Henry lib cap say be autem pity domini king how quis per  juramentum legalism man de vicineto so far amerciandus be ne to some degree de  his that procures honor contenemento to send away and Fleta lib cap recite the  statute of great Charta and Westminster libre a human being non amercietur c  nisi per sancram Parium suoruln videlicet probi et legal honourable de  vicinelo who means a people of India noticiam to have full and Bracton lib cap  fol b say de strike against who are in pity dom king et non are amerciati ad  hoc to see as quis sit amerciand etsciendum be quod Milesetliber homonon  amerciabitur nisi secundum manner fault second quod delidum to be magnum well  parnum et salvo contenemento his mercalor yes non nisi salvo merchandise svan  et villain autem non nisi salvo wainagio his et hoc per judgment estimable hom  de vicineto who affidabunt simul cum to be a servant comites yes well baron  coke a non are amerciandi nisi per pares swine etsecundum manner fault ethoc  per baron de scaccario well in person I S p oh lege f n b b clergyman veronon  amerciabitur secundum benecium suum ecclesiasticism send secundum magnitude  layman fee Himself etsecundum manner fault et ad hoc with reliance on God  faciendum affidabunt amercialores quodneminem gravabu per odium nec some  deferent near love et quod celabu she queen andiverunt vide Edward a b Br  amercement Br nonsuit Br amercement   a a Inst b Henry b e a Edward b a earl  baron or bishop shall be amerce S and Edward a duke to vide c Br amercement    b c Henry b in the earl of Northumberland case note that although the statute  of great Charta cap be in the negative comites et baron non amercientur nisi  per pares suos etnon nisi secundum manner fault yet d Inst d usage have reduce  it to a certainty but note reader as to amerciament this difference between  amerciament in action real or personal of the demandant or tenant c or upon a  presentment or indictment as for not repair a bridge or a coke report b er p  highway c and the like for as it be aforesaid such amercement accord to the  say act ought to be afeard per pares and amercement of any who have  administration of justice or of any officer or minister who have the execution  of the king writ c for such amercement shall be afeard assess by the justice  or judge of the court where the cause depend and there be two reason of this  difference the late sort of amercement be out of the say statute of great  Charta and Westminster for two reason the word be a Inst a libre a human being  non amercietur c extend to private man and not to those who have  administration of justice nor to officer or minister who have execution of the  king writ c the word be per sancram estimable et of hom de vicintlo which may  have knowledge of the ability of the party as Fleta say but that do not extend  to the offence of commission or omission do by those who have administration  of justice or by officer and minister who have execution of writ c which  offence be do to the court itself and therefore by the court ought to be  afeard and assess the second cause of the say difference be because outcome  concerning are uncertain and the plaintiff or defendant may llve a probable  cause of suit or defence until be hear what the adverse party can allege and  prove to the contrary and therefore it be great reason that such amercement  which arise upon such cause shall be afeard per pares in the country accord to  the say statute and not by the court but the offence of one who have the  administration of justice or of a officer or minister who have execution of  the king writ in point of his office be malum in see and have not any  probability or colour of excuse and yet both the kind of amercement be style  with this word know pity because whosoever have the affeering of they ought  coke b to use great moderation and this difference appear in our book and  therefore in Edward a John of London case in a false judgement if the  judgement be reverse the suitor who be the judge shall be amerce and this  amercement shall be afeard by the justice for the suitor have the  administration of justice and therewith agree the book of entry distinction  false judgement pl et quod a follower Curi predict are in pity queen are  driven per curian domini king hic ad c and if the sheriff return to take in  hand corpus and have not the body at the day the entry be therefore idem  sheriff in pity et are driven per justice hic ad c and therewith agree the  book of entry capias so if a writ be deliver of record to the sheriff to be  execute et sheriff non to cause to go breve the record say therefore vice come  in pity et are driven per justice ad c and this appear in the say book record  so if habeas corpus be direct to a sheriff gaoler or keeper of a prison c and  be bring not the body c the entry be therefore idem a in  misericordia etafferatur per justice ad c et such de similib and in lib e a it  be resolve by the justice that that which be assess on a officer or minister  of the cour be call ail amercement and not a fine but on a stranger to the  court for a b Br fine pour contempt Br amercement b misdemeanour it be call a  fine and not a amercement but upon a nonsuit in a real or personal action or  bar to the demandant or plaintiff or judgement against the tenant or defendant  the entry be therefore in pity general c Vid note a to Vaughan case   b c and  that ought to be afeard per pares f n so if a be amerce on a presentment for  not repair a bridge or a highway in a leet therefore a in pity et  amerciamentum ind are driven per qgralorm in eaden curian adtunc  eledosetjuralos ad c vide the book of entry title trespass in amercement so if  one be amerce for default of suit at a leet the amercement ought to be afeard  per Probus et regales man book of entry frame amercement d contra Willon v  Hardingham hob Acc brook v hustler salk Acc matthews v Carey I show Acc  Baldwin v Tudge will ace Stephens v Howard Fitzgib Acc more v wicker Andrews  Acc Griffiths v bedle W Jones d and as to the say book of a e ante a   a roll  Rep a e it appear that the amercement be afeard but it do not appear by who it  coke report a er p be afeard or assess and therefore it shall be intend to be  do by the steward cro Elizabeth for in truth it be a fine and it be to be know  that if a jury or a leet tax a amercement it be sufficient without other  afferement for the amercement be the act of the court and the afferement of  the jury and therewith agree h vide Edward b Astelies case Edward b a but if  the steward bring to a amercement upon the presentment of the jury it be void  and shall not bind vide Edward but the court shall assess fine e Acc blunt and  Whitacres case Leon e and they shall not be afeard by any other unless it be  in special case and that not only upon contempt and misdemeanour do in court  but upon writ of capias pro fine or upon confession c as appear Trin Henry rot  coke a in common banc where he who be take by capias pro fine pray that he may  be admit ad that which divides suum cum dom Reg faciend et admittitu rpro S  unbound hic in cur ad manus I b Cler bob read heading justice dom ring hic in  parten unbound pro reparation et emendation cistar pro record de banc hic in  the same guard ordinatus ex prcepto Curice and Trin h rot in the like case et  super hoc fine the same t et I occasion prd are driven per justice hic ad S c  but if a juror appear and be adjourn upon a pain and make default in that case  because he shall be fine accord to the yearly value of his land it shall be  inquire of by the other of his companion of the jury for in such case the  court can know it and therewith agree Edward and h b Br amercement Br  challenge in fine b vide ass pl and c   light b a Bulst hard c Finis to say  because that which divides lawsuit to place upon and be not traversable as it  be hold in h a I e the party redeem his offence for a sum of money and which  make a end of it and of his imprisonment for it and for that reason it be call  also redemption as appear in the Judicial register ad satisfac we de  redemption svan pro a certain transgress c and this writ be call capias pro  fine which fine be express in the writ by this word redemption and the statute  of marlebridge cap d Inst   b a man convict of a reception before the sheriff  in the county shall only be amerce but if convict in the common plea he shall  be fine d non therefore to punish dominus per redemption I e per that which  divides another difference be if a man be convict before the sheriff in the  county of a a   b post b a f n b d a reception he shall be only amerce but if  he be convict thereof in the common plea he shall be fine and the reason of  this difference be because the county court be not a court of b post b a b  record and therefore can impose a fine for no court can fine but such court  which be a court of record vide f n b d and by these difference you will the  better understand your book which be plentiful in these matter as to the three  point it be object that for a amercement of thing presentable in the leet the  lord may c Cr James roll Rep Cr car roll c distrain but not for a fine impose  by the steward but of that a action of debt lie to that it be answer and  resolve that there be two manner of offence some do out of court and some do  in court of those which be do out of court the juror of the leet have  conusance and therefore power to present they and to assess a amercement for  they but for contempt d Cr Elizabeth dyer pl pl Owen more Cr Elizabeth roll  Rep Cr car roll Rep d and misdemeanour in court before the steward himself he  have conusance of they and therefore may impose a fine for they and thereof  need not make inquiry so that those who have conusance of the thing be fit to  impose a fine or amercement for the same thing and if for the less sure for a  amercement of offence out of court a e   a roll roll Rep dr Stud a Cr James  black Com vo e distress shall be incident of common right a strong for fine  impose for offence coke report b er p do in the very court coke b a distress f  in Pierson v ridge vent the court incline to the opinion that though of common  right a distress may be take for a fine in a court leet that be where it be  impose for such thing as be of common right incident to its jurisdiction as  for contempt or the like yet where custom onlyenables they to set a fine it  can be distrain without custom also in Fletcher v Ingram salk SC Lord raym  skin it be hold that where there be a custom that a person choose by the jury  of the leet to serve the office of constable shall serve or forfeit a  reasonable penalty to be impose by the jury at the say leet the penalty if  impose shall not be distrain for without a custom Vid the judgement of Gibbs  CJ Clears v Stevens taunt SC b more f shall be incident because quod to be for  sale be pro those inferior in rank et pro mayor to be for sale be and a fine  be more than a amercement and both impose by authority of the leet and as  nothing be more natural to be punish by the court leet than offence commit in  the court itself so for no sum impose for any offence by authority of the leet  a distress be more incident than for such as impose for offence do in the leet  itself vide Richard avowry Edward e e h h h h h h h f n b h Br leet and it  will be bare to drive the lord to his action of debt for every small fine or  pain but the lord may distrain and sell they or distrain and put they in the  pound at his pleasure note reader the say custom c to pluck out One  substantial a human being de inhabitant infra manor ad essendum constabularium  c well agree with the law for the commonlaw require that every constable shall  be fit a human being I e apt and fit to execute the say office and he be say  in law to be fit who have these three thing honesty knowledge and ability  honesty to execute his office true without malice affection or partiality  knowledge to know what he ought duly to do and ability as well in estate as in  body that he may intend and execute his office when need be diligent and not  for impotency or poverty to neglect it for if poor man shall be choose to this  office who live by the labour of their hand they will rather suffer felon and  other malefactor to escape and neglect the execution of their office in other  point than leave their labour by which they their wife and child live and the  commonwealth consist in the well order of particular town and order will not  be well observe in they but where the officer be substantial I e honest know  and of ability and this word a   b Inst a fit be oftentimes in law attribute  to those who have any office or function and therefore if a b   b b coroner  who be also a ancient officer be c f n b n c minus fit ad duty mock to follow  to the grave it be a good cause to remove he f n b register I e if the coroner  be d f n b n d six on a die broken or sickness paralysis buffeting or land et  tenement in eoden county non to have or dainties be in duty viscount c for he  ought to be choose coroner who melius sciatetpossit oflicium mock to stretch  out as appear by the word of the writ de crowner to pluck out f n b register  and so he who be constable ought to be fit I e who melius sciat et to be able  duty mock to stretch out and in letter patent of incorporate of inhabitant of  a town coke a into mayor or bailiff and burgess the word be quod Self de he  himself to pluck out to be able One a human being substantial or duos man fit  c and the law require that he who the patron present to a benefice be mask fit  for the word of the writ of quare hinder be presentare fit mask ad church de c  et particularly to say substantial who to be able et volunt in church to serve  zealously sure who custom honestate etliterarum knowledge are adorn and if one  be elect constable who be not fit be by the law may be discharge of his office  and another man who be fit appoint in his place coke report b er p