says, "and other material offences against the king's peace and public trade, down to eavesdropping, waifs, (i.e. goods stolen and waived or thrown away by the thief through fear), and irregularities in public commons."
With the abolition of the office of constable, the representative of the ancient office of headborough of Alfred's time, has also now ceased the customary payment of 8s. 4d., "outhorn money," from the township, and the court's appointment of a township "Pinder," to "pen" or impound straying and trespassing cattle, and of the still more important "By-law man," who was to enforce whatever orders the court by common consent might make for its lordship "by" or beyond the public law, "but not contrary to it."
The only historical connection which now remains between Cawthorne and the Duchy of Lancaster is the appointment of the Master of Cawthorne School by its chancellor, and the more material connection of its small annual endowment of £5 4s. which its master still receives from the Duchy.
To show that there was some more substantial connection two hundred years ago between a Lord of the Manor of Cawthorne and the Duchy than exists at present, the following case stated for counsel's opinion may be given: "Sir Matthew Wentworth succeeded his uncle Sir Thomas, and being seized of the Manor of Cawthorne and of a capital messuage called Cawthorne Hall. There had all along been paid by its owners or occupiers a Free Rent of four shillings per annum to the Honour of Pontefract: Mr. Wood, chiefe Bayliff under Katherine, Queen Dowager of Charles II., for the said Honour, demands beside the said rent of four shillings the yearly sum of three shillings and fourpence pro tribus in tres. * * *. It doth not appear that Sir Thomas Wentworth ever paid more than the four shillings, nor any time during the last thirty years, during all which time the owners of Cawthorne Hall have constantly appeared at the Queen's Court Baron for the said Honour, as often as they have been summoned. It is thought that the said 3s. 4d. was formerly made to excuse attending the Three Weeks Court. Mr. Wood hath distrained upon the tenant of Cawthorne Hall for the said 3s. 4d. pro tribus in tres.
"Qu: Whether Mr. Wood can justifie his distress."
